Agenda 08-16-11 Searchable
The City of
100 E. Boynton Beach Boulevard ● (561) 742-6000
Boynton Beach
Boynton Beach
TUESDAY, AUGUST 16, 2011
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
William Orlove
Vice Mayor – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
We’re Reinventing City Living for
The Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section entitled
“Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings
have been moved due to Holidays/Election Day).
2 of 426
1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Rodriguez
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
None
4. 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)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
B. Accept the resignation of Dr. Tiffany North, a regular member of the Arts Commission.
6. 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. Approve the minutes from the City Commission meeting held on August 2, 2011
B. PROPOSED RESOLUTION NO. R11-084 - (1) Approve the purchase in the amount
of $55,221 from Ronco Communications & Electronics, Inc. of necessary replacement
computer network hardware and professional implementation services from Avaya
(formerly Nortel) (plus a 10% contingency not to exceed $5,522, to address
unforeseen conditions discovered during implementation) and
(2) Authorize the Interim City Manager to sign the attached Statement of Work with
Avaya for implementation services included with the pricing from Ronco.
3 of 426
C. PROPOSED RESOLUTION NO. R11-085 - Approve the interlocal agreement for law
enforcement services between Palm Beach County and the City of Boynton
Beach/Boynton Beach Police Department for the administering of the manatee
protection conservation program
D. Approve the award of "BACKFLOW PREVENTION DEVICE INSPECTION, TESTING
AND REPAIR SERVICES", Bid #062-2821-11/JMA to Pipeflow Backflow Services of
Pompano Beach, FL for an initial one (1) year term with the option to renew for two (2)
one-year periods for an estimated annual expenditure $30,000.
E. Accept the written report to the Commission for purchases over $10,000 for the month
of July 2011.
F. Accept quarterly status report of the City of Boynton Beach Climate Action Plan
Implementation.
G. Authorize Mayor to execute Quit Claim Deed from City to Palm Beach County School
Board as part of Galaxy School transaction
7. BIDS AND PURCHASES OVER $100,000
A. PROPOSED RESOLUTION NO. R11-086 - Approve contract for bid award to Talley
Walker Services, Inc. of Lake Worth, FL in the amount of $166,128.70 plus a 10%
contingency of $16,612 for a total expenditure of $182,740.70 for "OCEANFRONT
PARK BUILDING RENOVATIONS", Bid #056-2710-11/TWH. Talley Walker Services,
Inc. was the lowest most responsive, responsible bidder who met all specifications.
B. (1) Reject the seven (7) highest bids the City received in response to the Invitation to
Bidders.
(2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-
11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford,
Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of
the amount of $81,200 for a total funding authorization of $893,200.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 11-020 - FIRST READING - Amend the Land
Development Regulations (LDR) to 1) modify the definitions of certain industrial uses
to allow an accessory component to include retails sales, tasting rooms, and facility
tours; and 2) to allow such industrial uses within the General Commercial (C-4) zoning
district. Applicant: City-initiated.
4 of 426
B. Approve conditional use / major site plan modification for a bar/nightclub within an
existing 1,563 square foot building and for the construction of a new 1,025 square foot
chickee hut, all on a 0.29-acre parcel in the CBD zoning district. Applicant: IMAEC,
LLC and AEC Property Holdings, LLC.
C. Approve New Site Plan to construct a 3,300 square foot bank with two (2) remote
drive-through lanes and an ATM on a 0.70 acre parcel in the Community Commercial
(C-3) zoning district. Applicant: Gina Anderson with PNC Financial Services Group.
10. CITY MANAGER’S REPORT
A. Per the request of Mayor Rodriguez, discuss alternatives to the City's current solid
waste collection services.
B. Per the request of Mayor Rodriguez, discuss compensation for the Interim City
Manager commensurate with the duties and responsibilities being performed. Adjust
salary to $140,000.
C. Policy input from City Commission regarding a proposed grant of parking incentives
for prospective tenant of Quantum Park
11. UNFINISHED BUSINESS
A. Discuss options for Veteran's Park on Ocean Avenue optimizing the site and making it
a more desirable destination point
B. Discussion regarding a City Commission appointed Community Redevelopment
Agency (CRA) Board
12. NEW BUSINESS
None
13. LEGAL
A. PROPOSED RESOLUTION NO. R11-088 - (1)Authorize and direct staff to prepare for
the financing of various capital projects with Utility System Revenue Bonds in the
approximate amount of $20,000,000, (2) authorize the negotiated sale of the bonds
through a public bond issuance with RBC Capital Markets serving as the underwriter
subject to City Commission approval of a contract between the City and RBC Capital
Markets, and (3) express the intent to reimburse capital expenditures incurred prior to
the issuance of the bonds with bond proceeds.
14. FUTURE AGENDA ITEMS
A. City Manager Search - 10/04/11
B. Follow-up to City/CRA workshop - 9/06/11
C. Revisions to restrictions for vehicle size in residential districts - 09/06/11
5 of 426
D. Recommendation from the “review committee” to rename the Boynton Beach Child
Care Center building in honor of Lena Rahming - TBD
E. Discussion of a proposed committee to be assigned to explore a Green Market for the
City of Boynton Beach in 2011 - TBD
15. 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 THE CITY CLERK'S OFFICE (561) 742-6060 AT
LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB
SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN
BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
6 of 426
5. A
ADMINISTRATIVE
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER: The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H? Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI: None
ISCAL MPACT
A: Allow vacancies to remain unfilled.
LTERNATIVES
7 of 426
8 of 426
9 of 426
10 of 426
11 of 426
5. B
ADMINISTRATIVE
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the resignation of Dr. Tiffany North, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Arts Commission.
ER: Dr. Tiffany North has submitted an email resigning as a regular
XPLANATION OF EQUEST
member of the Arts Commission.
H? The Arts Commission will have a vacant
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
position.
FI: None
ISCAL MPACT
A: None
LTERNATIVES
12 of 426
13 of 426
6. A
CONSENT AGENDA
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve the minutes from the City Commission meeting
EQUESTED CTION BY ITY OMMISSION
held on August 2, 2011
The City Commission met on August 2, 2011 and minutes were prepared from the notes taken
at the meetings. The Florida Statutes provide that minutes of all Commission meetings be
prepared, approved and maintained in the records of the City of Boynton Beach.
H? A permanent record of the actions taken
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by the City Commission will be maintained as a permanent record.
FI: N/A
ISCAL MPACT
A: N/A
LTERNATIVES
14 of 426
15 of 426
16 of 426
17 of 426
18 of 426
19 of 426
20 of 426
21 of 426
22 of 426
23 of 426
24 of 426
25 of 426
26 of 426
27 of 426
28 of 426
6. B
CONSENT AGENDA
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: 16 August 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-084 - (1) Approve
EQUESTED CTION BY ITY OMMISSION
the purchase in the amount of $55,221 from Ronco Communications & Electronics, Inc. of necessary
replacement computer network hardware and professional implementation services from Avaya
(formerly Nortel) (plus a 10% contingency not to exceed $5,522, to address unforeseen conditions
discovered during implementation) and
(2) Authorize the Interim City Manager to sign the attached Statement of Work with Avaya for
implementation services included with the pricing from Ronco.
ER: The computer network that operates the Police Department
XPLANATION OF EQUEST
information systems consisting of the NCIC/FCIC (National and Florida Crime Information
Center connections) is over 10 years old and needs to be updated with many of the
components requiring replacement. The normal lifespan for this equipment is 5 to 7 years and
component parts are now beginning to fail.
Additionally, the current network configuration has the police information systems running on
the same computer network backbone and subnet that is utilized for other City wide
information and processing systems. In the past, this configuration has not presented a
problem. However, the Florida Department of Law Enforcement (FDLE) has upgraded their
security standards to the point that the Police Department is now in violation of those security
standards. In a letter from FDLE dated 8 July 2011 (copy attached), the Police Department
was notified that we are in violation of the FCIC/NCIC policy requiring boundary protection
(firewall) for information systems accessing criminal justice information. Specifically, the
Department was cited for violation of the Criminal Justice Information System (CJIS) security
policy 5.10.1.1 requiring CJIS networks to be protected from connection to any non-criminal
justice system. We have been instructed to immediately implement procedural changes in
order to bring our system into compliance.
29 of 426
Avaya, our current network equipment provider installed and has maintained the present
equipment. They can quickly and proficiently update current hardware and software where
possible and install replacement equipment where necessary in order to bring our CJIS
network into compliance with FDLE regulations. Their services and replacement equipment
are available through State of Florida contract STC 730-000-09-1. Once the replacement
equipment is installed, the system will have a renewed life of an additional 5-7 years.
H? Approval of this request will insure that
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the Police Department has continued access to critical criminal justice information systems.
Departmental CJIS systems will be in compliance with FDLE and Department of Justice
standards.
FI: The total approved purchase plus contingency is detailed as follows:
ISCAL MPACT
Required hardware and software $ 40,809.98
Implementation services and estimated travel $ 13,579.25
$ 54,389.23
Estimated shipping and handling $ 832.00
$ 55,221.23
10% implementation contingency $ 5,522.12
$ 60,743.35
There is no impact to the General Fund as the total amount is eligible to use the “12.50
account” in the Special Revenue Miscellaneous Trust Fund that currently has a balance of
$153,967. This is money that comes to the City of Boynton Beach via Palm Beach County as a
result of traffic fine disbursements. The money can only be used by the Police Department for
purposes of “police automation” in accordance with Florida Statutes.
A: None.
LTERNATIVES
30 of 426
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE PURCHASE OF
NECESSARY REPLACEMENT COMPUTER NETWORK HARDWARE
FROM RONCO COMMUNICATIONS & ELECTRONICS, INC., AND
PROFESSIONAL IMPLEMENTATION SERVICES FROM AVAYA IN THE
AMOUNT OF $55,221 PLUS A 10% CONTINGENCY NOT TO EXCEED
$5,522 FOR A TOTAL APPROPRIATION OF 60,743; AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE THE STATEMENT OF WORK
WITH AVAYA FOR IMPLEMENTATION SERVICES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the computer network that operates the Police Department information systems
consisting of the NCIC/FCIC is over ten years old and needs to be updated with many components
requiring replacement; and
WHEREAS,
the Florida Department of Law Enforcement (FDLE) has upgraded their security
standards to the point that the City’s Police Department is now in violation of those security standards;
and
WHEREAS,
the network equipment and current hardware and software can be quickly and
proficiently updated by the Avaya, the provider and installer of the present equipment; and
WHEREAS
,the City Commission of the City of Boynton Beach, upon recommendation of staff,
deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve
the purchase of necessary replacement computer network hardware from Ronco Communications &
Electronics, Inc., and professional implementation services from Avaya in the amount of $55,221 plus a
10% contingency not to exceed $5,522 for a total appropriation of 60,743 and authorizing the Interim
City Manager to execute the Statement of Work with Avaya for implementation services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and
confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
the purchase of necessary replacement computer network hardware from Ronco Communications &
Electronics, Inc., and professional implementation services from Avaya in the amount of $55,221 plus a
10% contingency not to exceed $5,522 for a total appropriation of 60,743.
Section 3. The Interim City Manager is authorized to execute the Statement of Work with
Avaya for implementation services, a copy of which is attached hereto as Exhibit “A”.
Section 4. This Resolution shall become effective immediately upon passage.
31 of 426
PASSED AND ADOPTED
this _____ day of August, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
32 of 426
33 of 426
34 of 426
35 of 426
36 of 426
37 of 426
38 of 426
39 of 426
40 of 426
41 of 426
42 of 426
43 of 426
44 of 426
45 of 426
46 of 426
47 of 426
48 of 426
49 of 426
50 of 426
51 of 426
52 of 426
53 of 426
54 of 426
55 of 426
56 of 426
57 of 426
58 of 426
59 of 426
60 of 426
6. C
CONSENT AGENDA
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-085 - Approve the
EQUESTED CTION BY ITY OMMISSION
interlocal agreement for law enforcement services between Palm Beach County and the City of Boynton
Beach/Boynton Beach Police Department for the administering of the manatee protection conservation
program
ER: The Board of County Commissions has established and is
XPLANATION OF EQUEST
administering a program of conservation and is entering into agreements with other
governmental agencies within the boundaries of the County for performance of authorize
functions. The Florida Governor and Cabinet have designated Palm Beach County as one of
thirteen “key” manatee counties and the Board of County Commissioners has approved a
Manatee Protection Plan that provides for increased law enforcement presence in the County’s
waterways, as one means of greater manatee protection.
The Florida Fish and Wildlife Conversation Commission has demonstrated that an increase in
law enforcement present is the most effective means to gain compliance with boater speed
zones. Therefore, the County wishes to increase the hours of patrol and enforcement in
estuarine waters of Palm Beach County. This will improve compliance with boater and
manatee protection speed zones, and reduce the risks to manatees and members of the
public.
H? The Boynton Beach Police Department
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Marine Unit will provide law enforcement officer(s) to patrol the waters of the Enforcement
Area and to enforce all applicable laws. The law enforcement officer(s) will provide services
on Saturday, Sunday and Martin Luther King and President’s Day between the hours of 6am
and 6pm for the period of 11/15/2011 to 03/31/2014. The services provided per this agreement
61 of 426
will be in addition to the regular patrol functions of the Marine Unit and will not decrease the
current coverage/enforcement functions of the Unit.
FI: The funds will be drawn from the following accounts: Overtime (001-2110-
ISCAL MPACT
521-14-10), Gas/Oil/Lube (001-2110-521-52-10), and Equipment Maintenance (001-2110-521-
46-20). Other contractual services will be used for any maintenance/repair on an as need
basis.
A: Not to approve the Interlocal Agreement.
LTERNATIVES
62 of 426
RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
FOR THE ADMINISTRATION OF THE MANATEE PROTECTION
CONSERVATION PROGRAM FROM NOVEMBER 15, 2011
THROUGH MARCH 31, 2014; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
the Board of County Commissioners has approved a Manatee Protection Plan that
provides for increased law enforcement presence in the County’s waterways, as one means of greater
manatee protection; and
WHEREAS,
the Interlocal Agreement for the use of law enforcement officers from the Boynton
Beach Police Marine Unit allows for the reimbursement for law enforcement services at a rate of $87.50
per hour for on-water enforcement activity; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize
execution of the Interlocal Agreement with Palm Beach County for the administering of the Manatee
Protection Conservation Program.
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 hereof.
Section 2. The City Commission of the City of Boynton Beach hereby authorizes the City
Manager and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and
Palm Beach County for the administration of the Manatee Protection Conservation Program from
November 15, 2011 through March 15, 2014, a copy of said Agreement is attached hereto and made a
part here as Exhibit “A”.
63 of 426
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of August, 2011.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jerry Rodriguez
_____________________________
Vice Mayor – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
64 of 426
INTERLOCAL AGREEMENT FOR
LAW ENFORCEMENT SERVICES
BETWEEN PALM BEACH COUNTY
AND
THIS AGREEMENT is made this day of , 2011, between City of Boynton
Beach Police Department of Palm Beach County, Florida, hereinafter referred to as “Contractor”, and
Palm Beach County, a political subdivision of the State of Florida, (hereinafter “County”), hereinafter
referred to collectively as the “parties.”
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act
of 1969" authorizes local governments to make the most efficient use of their powers by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the needs
and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to
enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that
such agencies share in common and that each might exercise separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners
of Palm Beach County is empowered to establish and administer programs of conservation and to enter
into agreements with other governmental agencies within or outside the boundaries of the County for
joint performance, or performance of one unit on behalf of the other, of any of either governmental
entity’s authorized functions; and
WHEREAS, in October of 1989, the Florida Governor and Cabinet directed thirteen (13) “key”
manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan (“MPP”); and
WHEREAS, on August 21, 2007, the Board of County Commissioners approved a MPP that
provides for increased law enforcement presence in the County’s waterways, as one means to provide
greater manatee protection; and
WHEREAS, on December 18, 2007, the Board of County Commissioners approved a Resolution
(2007-2277) with a standard form Interlocal Agreement with law enforcement agencies for an increased
law enforcement presence in the estuarine waters of Palm Beach County during manatee season; and
WHEREAS, it is in the interest of the Board of County Commissioners to approve a revised
standard form Interlocal Agreement for law enforcement services during manatee season; and
WHEREAS, studies performed by the Florida Fish and Wildlife Conservation Commission has
demonstrated that the increased law enforcement presence is the most effective means to gain
compliance with boater speed zones; and
WHEREAS, the parties wish to enter into an agreement for the provision of an increased level of
marine law enforcement services during manatee season, as provided herein.
65 of 426
NOW THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, the Contractor and the County agree as follows:
1) Recitals
The recitals set forth above are true and correct and form a part of this Agreement.
2) Purpose.
The purpose of this Interlocal Agreement (the “Agreement”) is to provide for additional marine law
enforcement services within estuarine waters of the County during manatee season, which begins
November 15th and ends the following March 31st. The law enforcement services provided herein are
intended to be in addition to the level of law enforcement services already provided by the Contractor
and are not a replacement for said services.
3) Location of Law Enforcement Services
The Contractor shall provide marine law enforcement services, hereinafter referred to as “services”,
within the geographical area over which it has jurisdiction to enforce the law, such shall be hereafter
referred to as the “Enforcement Area” and is included within the estuarine waters of Palm Beach County
which are more specifically described in Exhibit “A”.
4) Responsibility of Contractor
A. The Contractor shall enforce State statutes, administrative rules, local and County
ordinances related to vessel control, marine resource protection, and manatee protection; assist in the
investigation, apprehension, and prosecution of violators of existing boat and manatee protection speed
zones; assist in the monitoring of waterway markings and regulatory signs in the Enforcement Area; and
assist in educating boaters about manatee and boater safety issues.
B. During the term of this Agreement, the Contractor shall provide law enforcement
officer(s) to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law
enforcement officer(s) shall provide services on Saturday, Sunday and Martin Luther King and
President’s Day between the hours of 6 A.M. and 6 P.M. During the term of this Agreement, the
Contractor shall provide law enforcement services on any day or times aside from a Saturday, Sunday
and the above-cited holidays at the request of the County. Requests for the provision of law
enforcement services on a day or days in addition to the regularly scheduled days or times shall be made
in writing prior to the date when such services are needed.
C. The Contractor shall furnish and supply all labor, supervision, equipment (including but
not limited to a vessel), insurance, and supplies necessary to perform under this Agreement.
D. All marine officers performing services pursuant to this Agreement must be
knowledgeable of State statutes, administrative rules, local and County ordinances related to vessel
control, marine resource protection, manatee protection, existing boat and manatee protection speed
zones, waterway markings, regulatory signs in the enforcement areas and must have the knowledge
necessary to assist in educating boaters about manatee and boater safety issues.The County may
request documentation of training and experience of each officer who performs services under this
Agreement to ensure that such officers are qualified to perform services pursuant to this Agreement.
E. The Contractor shall submit invoices for payment to the County on a monthly basis.
Invoices shall include a reference to this Agreement, identify the amount due and payable to the
Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be in
sufficient detail for pre-audit and post-audit review. The Contractor shall provide the following
information with the invoice: Standard Marine Enforcement Monthly Report Form (form to be provided by
66 of 426
the County); documentation of warnings and citations issued to violators by the Contractor; and monthly
payroll documentation for hours worked by any officer who performs services under the terms of this
Agreement. Unless explicitly requested by the County, the County will not reimburse the Contractor for
the presence of more than one officer per boat.
F. In the event that during the term of this Agreement an officer issues a citation, which is
challenged in the Palm Beach County Circuit Court, the Contractor shall immediately inform the
County. The County will then determine whether the Contractor will be reimbursed under the terms of
this Agreement for the time expended by the officer to attend such court proceeding.
5) Responsibility of the County
A. The County will reimburse the Contractor for law enforcement services as provided for
herein at the rate of $87.50 per hour per officer for on-water enforcement activity and approved court
proceedings, which includes the cost of salaries, fringe benefits, and all other services and expenses
incurred by the Contractor in the fulfillment of this Agreement. The County will reimburse the
Contractor on a monthly basis at the rate provided herein, provided that a proper invoice detailing such
services is received and approved by the County. In no event shall the total amount paid to the
Contractor by the County exceed a total amount set annually by the County by October 1st of each year,
which will be defined in an award letter (“Award Letter”) sent to the Contractor each year prior to the
beginning of manatee season.
th
January 15
B. The County may perform an evaluation of each Contractor after of each
year to assess the quality and quantity of services being performed by the Contractor between November
15 and January 15 of each year. If it appears that the Contractor is not providing sufficient law
enforcement services to expend the funds set aside for the Contractor per the Award Letter, the County
may issue an amended award letter (“Amended Award Letter”) to the Contractor reducing the funds set
aside for the Contractor in the Award Letter so that such funds may be reallocated to more productive
Contractor(s).
6) Effective Date and Term of the Agreement
thst
This Agreement shall take effect November 15, 2011 and shall terminate on March 31, 2014, unless
earlier terminated as provided herein or extended by the parties.
7) Authorized Representative
A. The County’s authorized representative is the Director of the Department of
Environmental Resources Management, (561) 233-2400, West Palm Beach, Florida, or his designee.
B.The Contractor’s authorized representative is Sgt. Suzanne Gitto (561) 742-6141, or
his/her successor.
8) Independent Contractor
A. The parties shall be considered independent contractors, and no party shall be considered
an employee or agent of any other party. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of independent contractor between the parties and their respective
employees, agents, subcontractors, or assigns during or after the performance of this Agreement. No
person employed by any party to this Agreement shall, in connection with the performance of this
Agreement or any services or functions contemplated hereunder, at any time, be considered the
employee of the other party, nor shall an employee claim any right in or entitlement to any pension,
worker’s compensation benefit, unemployment compensation, civil service, or other employee rights or
privileges granted by operation of law or otherwise, except through and against the entity by whom they
are employed.
67 of 426
B. All employees and agents of the Contractor who perform any act or service under the
terms of this Agreement shall at all times be considered employees of the Contractor and not of the
County. The Contractor will be responsible for supervising, disciplining, and setting policies pertaining
to terms and conditions of employment for those employees performing Services as provided herein.
9) Payment
A. For reimbursement to occur, the Contractor shall submit invoices to the County that shall
include a reference to this Agreement, identify the amount due and payable to the Contractor, and
include records sufficient to substantiate the costs incurred. Invoices shall be itemized in sufficient
detail for prepayment audit thereof. The Contractor shall provide additional documentation to support
any invoice if requested by the County. Invoices received from the Contractor shall be reviewed by the
Department of Environmental Resources Management and upon approval shall be sent to the County’s
Finance Department for final approval and payment. Invoices will normally be paid within forty-five
(45) days of receipt. In the case of a dispute involving the amounts due to the Contractor, payment may
be delayed.
B. In order for both parties herein to close their books and records at the conclusion of each
manatee season, the Contractor will clearly state "final invoice" on the Contractor’s final/last invoice to
the County. This shall constitute the Contractor’s certification that all services have been properly
performed and all charges and costs have been invoiced to the County. Any other charges not properly
included on this final invoice are waived by the Contractor.
10) Compliance with Codes and Laws
Each party agrees to abide by all applicable laws, orders, rules, and regulations in the performance of
this Agreement.
11) Access to Records and Audits
The parties shall maintain, in accordance with generally accepted governmental auditing standards, all
financial and non-financial records and reports directly or indirectly related to the negotiation or
performance of this Agreement including supporting documentation. The parties shall have the right to
examine in accordance with generally accepted governmental auditing standards all records directly or
indirectly related to this Agreement. Such examination may be made only upon reasonable notice, time
and place. In the event that the parties should become involved in a legal dispute with a third party
arising from performance under this Agreement, the parties shall extend the period of maintenance for
all records relating to the Agreement until the final disposition of the legal dispute, and all such records
shall be made readily available to the parties.
12) Funding
This Agreement is expressly contingent upon annual appropriations by the Palm Beach County Board of
County Commissioners.
13) Notice
Any notice required or permitted to be given under this Agreement shall be in writing and shall be hand
delivered, faxed, or mailed (by certified mail, return receipt requested) to the respective
addresses/recipients specified below:
As to the Contractor:
City of Boynton Beach
Attn: City Manager
68 of 426
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Fax: (561) 742-6011
Copy to:
Boynton Beach Police Department
Attn: Sgt. Suzanne Gitto
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Fax: (561) 742-6847
As to County:
Palm Beach County
Director of Department of Environmental Resources Management
2300 N. Jog Road - 4th Floor
West Palm Beach, FL 33411-2743
Fax: (561) 233-2414
Copy to:
Palm Beach County
Attn: County Attorney for ERM
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
All notices required by this Agreement shall be considered delivered upon receipt. Should any party
change its address, written notice of such new address shall promptly be sent to the other party.
14) Default, Termination, Opportunity to Cure
A. The parties expressly covenant and agree that in the event either party is in default of its
obligations under this Agreement, the party not in default shall provide to the defaulting party ten (10)
days written notice as an opportunity to cure the deficiency before exercising any of its rights.
B. Either party may terminate this Agreement without cause by giving thirty (30) days prior
written notice.
15) Waiver or Breach
It is hereby agreed to by the parties that no waiver or breach of any of the covenants or provisions of this
Agreement shall be construed to be a waiver of any succeeding breach of the same or any other
covenant.
16) Indemnification
The Contractor shall be responsible for the acts of its officers, agents and employees, arising during and
as a result of their performance of the terms of this Contract or due to the acts or omissions of the
Contractor.
17) Insurance
s.768.28f.s.,
A. Without waiving the right to sovereign immunity as provided by the
Contractor acknowledges to be self-insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence;
or such monetary waiver limits that may change and be set forth by the legislature.
69 of 426
B. In the eventContractor maintains third-party Commercial General Liability and
the
s.768.28 f.s.
Business Auto Liability in lieu of exclusive reliance of self-insurance under , The Contractor
shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for
bodily injury or property damage
C. The Contractor agrees to maintain or to be self-insured for Worker’s Compensation &
Employer’s Liability insurance in accordance with Florida Statute 440.
D. When requested, the Contractor shall agree to provide an affidavit or Certificate of
Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the County
agrees to recognize as acceptable for the above mentioned coverages.
E. Compliance with the foregoing requirements shall not relieve the Contractor of its
liability and obligations under this Agreement.
18) Applicable Law
Any litigation arising from or relating to this Agreement will be governed by the laws of the State of
Florida and the venue in any such proceeding will be exclusively in Palm Beach County, Florida.
19) Severability
In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held to be
invalid by a court of competent jurisdiction, such will not affect the remaining portions of this
Agreement and the same will remain in full force and effect.
20) Enforcement Costs
Any costs or expenses, including reasonable attorney’s fees, associated with the enforcement of the
terms or conditions of this Agreement will be borne by the respective parties. This provision pertains
only to the parties to the Agreement.
21) Counterparts
This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an
original, all of which together will constitute one (1) and the same instrument.
22) Captions
The captions and section designations set forth herein are for convenience only and have no substantive
meaning.
23) Exhibits
The Exhibits referred to and attached to this Agreement are incorporated herein in full by this reference.
24) Assignment
This Agreement is not assignable by either party.
25) Equal Opportunity
The County and the Contractor agree that no person shall, on the grounds of race, color, sex, national
origin, disability, religion, ancestry, age, marital status, sexual orientation, familial status, gender
identity or gender expression be excluded from the benefits of, or be subjected to any form of
discrimination under any activity carried out by the performance of the Agreement.
26) Construction
70 of 426
This Agreement shall not, solely as a matter of judicial construction, be constructed more severely
against one of the parties than the other.
27) Modification and Amendment
Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the
terms or conditions contained herein shall be effective unless contained in a written document executed
with the same formalities used to execute this Agreement.
28) Entirety of Agreement
This Agreement represents the entire understanding between the parties, and supersedes all other
negotiations, representations, or agreement, either written or oral, relating to this Agreement.
29) Delegation of Authority to Execute this Agreement.
The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute
this Agreement to the County Administrator or his designee on___________________, 2011 in
Resolution R__________.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA
BY: IT’S BOARD OF COUNTY
COMMISSIONERS
By:__________________________ _____________________________
Deputy Clerk
APPROVED TO FORM AND CITY OF BOYNTON BEACH
LEGAL SUFFICIENCY:
By:____________________________
City Manager
________________________
County Attorney
APPROVED AS TO TERMS
AND CONDITIONS:
______________________________
Director
Department of Environmental Resource
71 of 426
6. D
CONSENT AGENDA
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve the award of "BACKFLOW PREVENTION
EQUESTED CTION BY ITY OMMISSION
DEVICE INSPECTION, TESTING AND REPAIR SERVICES", Bid #062-2821-11/JMA to Pipeflow
Backflow Services of Pompano Beach, FL for an initial one (1) year term with the option to renew for two
(2) one-year periods for an estimated annual expenditure $30,000.
BT:S1,2011–A31,2012
ID ERM EPTEMBER UGUST
ER: The City of Boynton Beach advertised an invitation for bids for the
XPLANATION OF EQUEST
Utilities Department's Annual Bid for Backflow Prevention Device Inspection, Testing and Repair
Services. The City received and opened four (4) bids on July 5, 2011. The bids were reviewed by
Utilities staff. Pipeline Backflow Services was the lowest bidder. City staff reviewed the bids, analyzed
the bidder’s qualifications, and performed the necessary due diligence. Utilities Staff recommends to
award bid to Pipeline Backflow Services of Pompano Beach, FL as the lowest, most responsive,
responsible bidder who met all of the requirements.
H? Pipeline Backflow Services will perform the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
necessary inpsection, testing, and repair on backflow prevention devices during the contract year.
These services are vital to the Utilities Department’s cross-connection control program which protects
the integrity of the City’s potable water distribution system. The start date of the bid term is anticipated to
be September 1, 2011.
FI: The total annual expenditure is estimated to be $30,000, depending on the
ISCAL MPACT
actual services performed. Funding is available in the Utilities Department’s operating budget.
Various accounts will be charged depending on the location, service and or repair.
72 of 426
A: Since the inspection, testing, and repair of backflow prevention devices are
LTERNATIVES
critical to protect the City’s potable water distribution system, there is no feasible alternative at
this time.
73 of 426
74 of 426
75 of 426
76 of 426
77 of 426
78 of 426
79 of 426
80 of 426
81 of 426
82 of 426
83 of 426
84 of 426
85 of 426
86 of 426
87 of 426
88 of 426
89 of 426
90 of 426
6. E
CONSENT AGENDA
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the written report to the Commission for purchases
EQUESTED CTION BY ITY OMMISSION
over $10,000 for the month of July 2011.
ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
XPLANATION OF EQUEST
competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City
Manager’s absence, the Acting City Manager is authorized to execute a purchase order on
behalf of the City for such purchases under the $25,000 bid threshold for personal property,
commodities, and services, or $75,000 for construction. The City Manager shall file a written
report with the City Commission at the second Commission meeting of each month listing the
purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the
purchases for July 2011:
Purchase Order Vendor Amount
110851 Abundant Energy, Inc $ 32,000.00
110849 TJ Bowles Electric $ 24,700.00
110861 Trane(WPB) $ 23,140.00
110866 Insituform Technologies $ 12,000.00
110869 Radio One, Inc $ 18,084.42
H? Ordinance No.01-66, Chapter 2, Section
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
2-56.1 assists departments in timely procurement of commodities, services, and personal
property. Administrative controls are in place with the development of a special processing
form titled “Request for Purchases over $10,000” and each purchase request is reviewed and
approved by the Department Director, Purchasing Agent, and City Manager.
91 of 426
FI: This Ordinance provides the impact of reducing paperwork by streamlining
ISCAL MPACT
processes within the organization. This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
A: None
LTERNATIVES
92 of 426
93 of 426
94 of 426
95 of 426
96 of 426
97 of 426
98 of 426
99 of 426
100 of 426
101 of 426
102 of 426
103 of 426
104 of 426
105 of 426
106 of 426
107 of 426
108 of 426
109 of 426
110 of 426
111 of 426
112 of 426
113 of 426
114 of 426
115 of 426
116 of 426
117 of 426
118 of 426
119 of 426
120 of 426
121 of 426
122 of 426
123 of 426
124 of 426
125 of 426
126 of 426
127 of 426
128 of 426
129 of 426
130 of 426
131 of 426
132 of 426
133 of 426
134 of 426
135 of 426
136 of 426
137 of 426
138 of 426
139 of 426
140 of 426
6. F
CONSENT AGENDA
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept quarterly status report of the City of Boynton Beach
EQUESTED CTION BY ITY OMMISSION
Climate Action Plan Implementation.
ER: The City Commission adoption of the Climate Action Plan (CAP)
XPLANATION OF EQUEST
through Resolution No. R10-150 empowered the City’s Sustainability Team with responsibility
for implementation. The CAP serves as the Work Plan for the team. Staff continues to further
the implementation strategies and meet on a quarterly basis to update the implementation
status and share ideas, information and challenges. As a result of that meeting, every quarter
a report will be provided to the City Commission on the status of implementation of the
strategies listed in Section 4 of the CAP. Exhibit A is a narrative staff report that correlates to
the implementation matrix. In an effort to provide information in a more comprehensive
manner, the matrix has been color coded for an easier “at a glance” review. The
accompanying narrative gives a detailed description of the progress made to specific
strategies.
H? The City will continue to demonstrate its
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
leadership and partnership with other communities in the efforts to achieve a sustainable future
for its residents. Through increasing efficiencies in operations, conservation and energy
consumption, we hope to help offset some of the social challenges and economic
consequences such as rising energy costs associated with operating facilities, conveying
water, transportation and health care.
FI: Initiatives accomplished so far, and those that are in process, are mainly items
ISCAL MPACT
that could be accomplished through re-organization, policy changes and staff time. Other
projects have been accomplished through grant funding. Some projects are in the CIP energy
efficiency line item.
141 of 426
A: Not to accept the report.
LTERNATIVES
Attachments:
- Exhibit A – Narrative Report
- Implementation Matrix
142 of 426
143 of 426
144 of 426
145 of 426
146 of 426
147 of 426
148 of 426
149 of 426
150 of 426
151 of 426
152 of 426
153 of 426
154 of 426
155 of 426
156 of 426
157 of 426
158 of 426
159 of 426
160 of 426
161 of 426
162 of 426
163 of 426
164 of 426
165 of 426
166 of 426
167 of 426
168 of 426
169 of 426
170 of 426
171 of 426
172 of 426
173 of 426
174 of 426
175 of 426
176 of 426
6. G
CONSENT AGENDA
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Authorize Mayor to execute Quit Claim Deed from City to
EQUESTED CTION BY ITY OMMISSION
Palm Beach County School Board as part of Galaxy School transaction
ER: The City and the School Board of Palm Beach County are parties
XPLANATION OF EQUEST
to an agreement dated February 23, 2010 which facilitates the redevelopment of Galaxy
Elementary School. The agreement includes provisions for the transfer and exchange of land
acquired in May, 2010 by the City from Florida Department of Transportation. The property
which is the subject of the Quit Claim Deed is right-of-way known as Galaxy Way.
H? Promotes intergovernmental cooperation
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and facilitates the redevelopment of a school within the City boundaries.
FI: Transfer of the Galaxy Way right-of-way will eliminate future maintenance
ISCAL MPACT
costs. The property is not developable except in conjunction with redevelopment of the school
site and therefore has no alternate use value.
A: None. The conveyance is part of a commitment already made by the City to
LTERNATIVES
facilitate the redevelopment of the Galaxy School.
177 of 426
178 of 426
179 of 426
180 of 426
181 of 426
7. A
BIDS AND PURCHASES OVER $100,000
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-086 - Approve
EQUESTED CTION BY ITY OMMISSION
contract for bid award to Talley Walker Services, Inc. of Lake Worth, FL in the amount of $166,128.70
plus a 10% contingency of $16,612 for a total expenditure of $182,740.70 for "OCEANFRONT PARK
BUILDING RENOVATIONS", Bid #056-2710-11/TWH. Talley Walker Services, Inc. was the lowest most
responsive, responsible bidder who met all specifications.
ER: Over the past several months City staff have been evaluating and
XPLANATION OF EQUEST
reviewing the condition of the existing structures at the Ocean Front Park. Based on the
evaluation there is an urgent need to make repairs to the deteriorating siding, soffits, and
plumbing fixtures. Upon review of the structures a plan was formulated to reduce maintenance
costs while improving the appearance and retrofitting the existing structures to make better use
of the spaces.
As part of the project the City will be replacing deteriorated siding with stucco, converting
existing men’s bathroom to a pavilion with changing rooms, converting the existing women’s
bathroom to create a separate men’s and women’s bathroom, removing the siding on the
snack bar and applying a lap siding look stucco finish, painting all four building roofs, and
conduct a remodel of the existing life guard station.
Procurement received and opened seven (7) bids on June 29, 2011. All bidders attended a
mandatory pre-bid and site inspection on June 8, 2011.
Staff reviewed the bids and it was determined that Talley Walker Services, Inc. was the lowest
and most responsive bidder.
182 of 426
The total amount of the Bid is $166,128.70. Staff is also requesting a 10% contingency in the
amount of $16,612 in the event that unforeseen issues should occur during renovations.
Attached is the tabulation sheets and departmental recommendation concerning the
“OCEANFRONT PARK BUILDING RENOVATIONS”, Bid #056-2710-11/TWH.
H? Provide much needed improvements to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
buildings that have been heavily utilized over the years and subject to harsh environmental
conditions. The renovated buildings will complement the recent improvements made to the
Boardwalk.
FI: Funding in the Capital Improvements Fund (#304-4204-572-62.01, Project
ISCAL MPACT
#RP1104) is available in the amount of $200,000.
A: Not to proceed with the building renovations and replace the buildings at a
LTERNATIVES
much greater expense.
183 of 426
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE AWARD AND EXECUTION BY
THE INTERIM CITY MANAGER AND CITY CLERK OF A
CONTRACT WITH TALLEY WALKER SERVICES, INC., OF
LAKE WORTH, FLORIDA FOR BID #056-2710-11/TWH, FOR
“OCEANFRONT PARK BUILDING RENOVATIONS”, IN THE
AMOUNT OF $166,128.70 WITH A 10% OWNER’S
CONTINGENCY IN THE AMOUNT OF $16,612.00 FOR A TOTAL
BUDGET APPROPRIATION OF $182,740.70; AND PROVIDING
AN EFFECTIVE DATE
.
WHEREAS,
on June 29, 2011 Procurement Services received and opened seven (7) bid
proposals in response to #056-2710-11/TWH for “Oceanfront Park Building Renovations”; and
WHEREAS,
the staff reviewed the bid proposals and recommend awarding the contract to
Talley Walker Services, Inc., of Lake Worth, Florida who was the lowest, most responsive, responsible
bidder who met all qualifications; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize
execution of a contract to Talley Walker Services, Inc., of Lake Worth, Florida for Bid #056-2710-
11/TWH “Oceanfront Park Building Renovations”, in the amount of $166,128.70 with an owner’s
contingency of 10% in the amount of $16,612.00 for a total budget appropriation of $182,740.70.
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 hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the Interim City Manager and City Clerk to execute a contract with Talley Walker
Services, Inc., of Lake Worth, Florida for Bid #056-2710-11/TWH “Oceanfront Park Building
Renovations”, in the amount of $166,128.70 with an owner’s contingency of 10% in the amount of
$16,612.00 for a total budget appropriation of $182,740.70, a copy of which is attached hereto as
184 of 426
Exhibit “A”.
Section 3.This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of August, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
185 of 426
186 of 426
187 of 426
188 of 426
189 of 426
190 of 426
191 of 426
192 of 426
193 of 426
194 of 426
195 of 426
196 of 426
197 of 426
198 of 426
199 of 426
200 of 426
201 of 426
202 of 426
203 of 426
204 of 426
205 of 426
206 of 426
207 of 426
208 of 426
209 of 426
210 of 426
211 of 426
212 of 426
213 of 426
214 of 426
215 of 426
216 of 426
217 of 426
218 of 426
219 of 426
220 of 426
221 of 426
222 of 426
223 of 426
224 of 426
225 of 426
226 of 426
227 of 426
228 of 426
229 of 426
230 of 426
231 of 426
CONTRACT
THIS AGREEMENT, made and entered into this _______ day of ________________, A.D. 2011, by and
between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
.
“City” and __Talley Walker Services, Inc.______
a Florida Corporation (_X__) Check One
a Florida General Partnership (____)
a Florida Limited Partnership (____)
a Sole Proprietor (____)
hereinafter called “CONTRACTOR”.
WITNESSETH
That under the due procedure of law, bids were heretofore received by the City Commission of said City for
the performance of work and supplying materials, hereinafter described, and said Commission having
Onehundred Sixty-Six thousand
canvassed said bids, had determined that the bid in the total amount of
One hundred Twenty eight dollars and Seventy cents($166,128.70)__
submitted by the aforementioned
CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this
contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants
contained herein, the parties agree as follows:
1.0 AGREEMENT
1.1The CITY does award the contract to and does hire and employ the CONTRACTOR and
the CONTRACTOR does accept the award, predicated upon the bid of the
June 29, 2011
CONTRACTOR, dated _________________, which is hereby
incorporated by reference into this agreement, and the CONTRACTOR does agree to
furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform
all the work provided in the bid, contract documents, bond documents, plans and
specifications for:
Oceanfront Park Building Renovations
Bid Title:
056-2710-11/TWH
Bid Number:
City of Boynton Beach, Florida, all of which are incorporated herein by reference at such
unit prices/or lump sum prices as specified in CONTRACTOR’S bid totaling
$166,128.70
_______.
232 of 426
2.0 SCOPE OF SERVICES
2.1CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment,
tools, superintendents, labor, insurance, and other accessories and services necessary to
complete said project in accordance with the conditions and prices as stated in the
contract, General Conditions for Construction, and Supplementary Conditions for
Construction, plans which include all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof as contained in the bid, contract documents
and specifications for the project.
2.2All the work and labor performed under this contract shall be performed, and all of the
material furnished shall be, in strict conformity with said plans and specifications, and
CONTRACTOR accepts and consents to the conditions contained in said plans and
specifications and expressly agrees to comply with every requirement and stipulation
therein contained to be performed by the party contracting to do said work.
2.3The CONTRACTOR further agrees to furnish all tools, equipment, materials and
supplies and to do all the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformity with the detail for said work on file in the office
of the City Engineer of the City and strictly in accordance with the specifications,
general stipulations and plans which are hereby referred to and made a part of this
contract, as well as to the satisfaction of the City Commission and City Engineer of the
said City, and in strict obedience with the directions which may be given by the City
Manager or his authorized representative, at and for the prices herein plainly set forth.
2.4Upon receipt of written notification from the CITY, to correct any defective or faulty
work or materials which may appear within one (1) year after completion of the contract
and receipt of final payment. CONTRACTOR shall make the necessary corrections
within ten (10) days of receipt of the written notice.
2.5To comply with the provisions of Section 255.05, Florida Statutes, if applicable.
2.6To pay promptly, before final settlement, any and all claims or liens incurred in and about
this work. Furnish release of liens forms from all subcontractors and suppliers of
materials. Forms to be supplied by CITY.
2.7The CONTRACTOR shall remove and clean up all rubbish, debris, excess material,
temporary structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in connection
with the project promptly as such section or portion is completed and ready for use,
leaving the same in a neat and presentable condition.
233 of 426
Payment of monthly or partial estimates may be withheld until this has been done to the
satisfaction of the City Engineer. Final acceptance and payment for the entire project will
not be made until the site is satisfactory to the CITY.
2.8The CONTRACTOR shall at all times observe and comply with the provisions of the
charter, ordinances, codes and regulations of the City of Boynton Beach, Florida.
2.9Upon completion of the work, the City Engineer shall satisfy himself, by examination
and test, that the work has been fully completed in accordance with the plans,
specifications and contract documents. When the City Engineer is so satisfied, he shall
recommend acceptance thereof to the City Manager, who shall, if he agrees with such
recommendation, present the final payment application to City Commission for review
and vote to formally accept the project. The right of general supervision of the CITY as
hereinafter provided under “authority of the engineer” shall not make the
CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all
times, and in all respects have the rights and liabilities of an independent contractor.
2.10After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or
other areas of structure in anyway connected with the performance of the contract, the
work as a whole shall be inspected by the City Engineer, and any workmanship or
material found not meeting the requirements of the specifications shall be removed by or
at the expense of the CONTRACTOR and good and satisfactory workmanship or
material substituted therefor. All settlement, defects or damage upon any part of the work
shall be remedied and made good by the CONTRACTOR.
2.11The CONTRACTOR will be held responsible for the care, protection and condition of all
work until final completion and acceptance thereof, and will be required to make good at
his own cost any damage or injury occurring from any cause.
3.0 COMMENCEMENT OF WORK
3.1CONTRACTOR hereby agrees to commence work under this contract on or before a date
to be specified in the written “Notice to Proceed” of the CITY and to fully complete the
90
project within calendar days following the commencement date as specified in same.
234 of 426
3.2Time is the essence of the contract. In the event the CONTRACTOR shall fail in the
performance of the work specified and required to be performed within the time limit set
forth in the contract, after due allowance for any extension or extensions of time made in
accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY,
as liquidated damages and not as penalty, in the amount stipulated therefore in the
General Conditions for Construction or in other documents for each and every calendar
day that the CONTRACTOR shall be in default of completion.
The CITY shall have the right to deduct said liquidated damages from any amount due, or
that may become due the CONTRACTOR, or to collect such liquidated damages from
the CONTRACTOR or his Surety.
3.3CONTRACTOR shall, as soon as practicable after signature of contract, confirm with
City Engineer in writing, the names of subcontractors as originally proposed for principal
parts of work, and for such others as City Engineer may direct. Contractor shall not
employ an that City Engineer may, within a reasonable time, object to as incompetent or
as unfit.
4.0 LIQUIDATED DAMAGES
$2,000.00
4.1The CONTRACTOR further agrees to pay per day as liquidated damages, for
failure to begin within ten (10) days of “Notice to Proceed” or failure to complete the
90
work within calendar days from the commencement date to be indicated in the written
“Notice to Proceed”.
5.0 PROTECTION OF EXISTING FACILITIES
5.1The CONTRACTOR warrants that prices include the protection and continuous use of all
existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other
construction encountered, and the prompt repairing of any damage done to them during
the progress of the work, or from insufficient support thereafter; also all the filling,
backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of
all rubbish and surplus material; also all pumping bailing draining or unwatering of all
excavations, incidental to the execution of the work; also the furnishing of all necessary
labor, tools, equipment, materials and supplies, etc. and the performance of the whole
work mentioned in the detailed plans and specifications necessary to give a finished
result, and including all expense incurred in or in consequence of the suspension or
discontinuance of the said work specified and a faithful compliance with each and every
one of the requirements of the contract and for the maintenance of the entire work and
construction in good condition and repair until final acceptance.
235 of 426
5.2The CONTRACTOR shall assume full responsibility and expense for the protection of all
public and private property, structures, water mains, sewers, utilities, etc., both above and
below ground, at or near the site or sites of the work being performed under the contract,
or which are in any manner affected by the prosecution of the work or the transportation
of men and materials in connection therewith. The CONTRACTOR shall give reasonable
written notice in advance to the department of the CITY having charge of any property or
utilities owned by the CITY and to other owner or owners of public or private property or
utilities when they shall be affected by the work to be performed under the contract, and
shall make all necessary arrangements with such department, departments, owner or
owners for the removal and replacement or protection of such property or utilities.
6.0 INDEMNIFICATION
6.1The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents,
servants, and employees from and against any claim, demand, or cause of action of
whatsoever kind or nature arising out of error, omission or negligent act of
CONTRACTOR, its agents, servants, or employees in the performance of services under
this Agreement.
6.2CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands, actions,
losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including
without limitation reasonable attorney’s and appellate attorney’s fees) of whatsoever kind
or nature for damages to persons or property caused in whole or in part by any act,
omission, or default of the CITY, its agents, servants or employees arising from this
contract or its performance. The CONTRACTOR and the CITY hereby agree and
covenant that the CONTRACTOR has incorporated in this original bid, which constitutes
the contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration sufficient to support this obligation of indemnification provided for in this
paragraph. It is the CITY’S and CONTRACTOR’S full intention that this provision shall
be enforceable and said provision shall be in compliance with Florida Statute 725.06.
6.3The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR
to comply with the foregoing indemnification provision, as well as the insurance
provisions which are set forth in Attachment “A” herein. However, the indemnification
provision, and the insurance provision contained in this Contract are not interdependent
of each other, each one is separate and distinct from the other.
6.4The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset,
limitation or defense as a result of any insurance proceeds available to either the CITY or
the CONTRACTOR.
7.0 PAYMENT BY CITY
7.1The CITY agrees to pay the CONTRACTOR in current funds for the performance of the
contract, subject to additions and deductions as provided in the specifications.
8.0 CHANGES IN THE WORK
8.1The CITY, without invalidating the Contract, may order extra work or make changes by
altering, adding to or deducting from the work, the Contract sum being adjusted
236 of 426
accordingly. All such work shall be executed under the conditions of the original
Contract. Any claim for extension of time caused thereby shall be made in writing at the
time such change is ordered.
8.2All change orders and adjustments shall be in writing and approved by the City Manager
or City Commission if required, otherwise, no claim for extras will be allowed.
8.3The General Contractor and all of his subcontractors shall be apprised of, and familiar
with, the following conditions and procedures governing extra work under the Contract:
8.3.1Any change order has to be recommended by the City Manager and officially
approved by the City Commission before any steps are taken to implement the
change order.
8.3.2Should the CONTRACTOR or any of his subcontractors commence with the
work without making a claim in writing for unforeseen extra work he encounters,
it will be construed as an acceptance and agreement by him that any such work is
required under the contract and no future claim for extras will be considered or
allowed by the CITY.
8.3.3No claim for extra work will be allowed unless and until authority for same by
written Change Order has been obtained from the City Manager or the City
Commission of Boynton Beach, if necessary, which authorization will be signed
by the Mayor.
8.3.4Changes in the work directed in writing by the CITY’S Representative under the
following procedures shall become a part of the Contract by a written Change
Order.
8.3.5Information regarding changes in the work involving claims to the CITY for
additional work, credits, and/or adjustments under the contract shall be promptly
transmitted in writing by the General CONTRACTOR to the CITY’S
Representative with full explanations and justifications for his consideration in
preparing a Change Order to the Contract.
8.4The value of any change ordered under the Contract for extra work and/or any reductions
in work required, shall be determined under one or more of the following procedures
before a written Change Order is issued:
8.4.1By such applicable unit prices, if any, as are set forth in the Contract except in
those cases where increases in quantities exceed fifteen (15) percent of the
original bid quantity and the total dollar change of that bid item is significant in
the opinion of the Engineer, the unit price shall be subject to review to determine
if a new unit price should be negotiated; or
8.4.2If no such unit prices are set forth, then by a lump sum or other unit prices
mutually agreed upon by the CITY and the CONTRACTOR; or
8.4.3By cost reimbursement, which is the actual cost for labor, direct overhead,
materials, supplies, equipment and other services necessary to complete the work
plus fifteen (15) percent to cover the cost of general overhead and profit. For all
237 of 426
labor and foreman in direct charge of the authorized operations, the
CONTRACTOR shall receive the current local rate of wages to be agreed upon in
writing before starting such work, for each hour said labor and foreman are
actually engaged thereon. An upper limit of total cost and of profit shall be agreed
upon and shall not be exceeded unless approved by the CITY.
8.4.3.1The CONTRACTOR shall submit sufficient cost and pricing data to
enable the Engineer to determine the necessity and reasonableness of costs
and amounts proposed and the allowability and eligibility of costs
proposed.
8.4.3.2The CONTRACTOR shall have an accounting system which accounts for
such costs in accordance with generally accepted accounting principles.
This system shall provide for the identification, accumulation and
segregation of allowable and unallowable Change Order costs.
8.4.3.3Where it is indicated that the Contract is Federally or State assisted, the
CONTRACTOR’S attention is directed to the applicable rules and
regulations relative to cost principles which must be used for the
determination and allowability of costs under grant.
8.4.3.4In no case shall fringe benefit costs on direct labor costs exceed forty (40)
percent of direct labor costs.
238 of 426
8.4.3.5In no case shall the CONTRACTOR and Subcontractors’ general
overhead and profit in the aggregate exceed fifteen (15) percent of the
total cost of direct labor, fringe benefits, direct overhead, materials,
supplies, equipment and directly related services supplied by him. Among
the items considered as general overhead are bonds, insurance, incidental
job burdens, supervision and general office expenses.
8.4.3.6In no case shall the CONTRACTOR’S cost for administering
subcontracts exceed five (5) percent of the subcontractors’ cost not
including subcontractors’ profit.
8.4.3.7For special equipment and machinery such as power driven pumps,
concrete mixers, trucks, and tractors, or other equipment, required for the
economical performance of the authorized work, the CONTRACTOR
shall receive payment based on the agreed rental price for each item of
equipment and the actual time of its use on the work provided that the
rental price shall not exceed the current rates published by the Equipment
Guide Book Company in the Blue Book, “Rental Rates for Construction
Equipment”. Rate shall be daily, weekly or monthly as appropriate.
8.4.3.8Records of extra work done shall be reviewed at the end of each day by
the CONTRACTOR and the Engineer. Such daily records shall clearly
distinguish between the work done under the contract and that done under
the Change Order. Duplicate copies of the accepted daily records shall be
made, signed by the CONTRACTOR and the Engineer and one copy
retained by each.
8.5Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be submitted for
the current contract payment for the month in which the work was done. No claim for
extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the
claim presented at the time of the first estimate after the work is completed.
8.6 No Field Change Directive or Change Order shall be authorized by the Project Manager
if the Contractor has added language to the Field Change Directive or Change Order or to
any cover letter, e-mail, facsimile, or other written document which accompanies the
Field Change Directive or Change Order in which the contractor attempts to reserve any
future right or claim arising out of the work which is the subject of the Field change
Directive or Change Order.
239 of 426
9.0 PROJECT ARCHITECT
Precision Drafting and Design Inc., 34 Vista DelRio,
9.1The project Architect shall be
Boynton Beach, FL 33426 – Contact: David Frank
.
9.2The Engineer shall have general supervision and direction of the work. The Engineer is
the agent of the CITY only to the extent provided in the contract documents and when in
special instances he has the authority by CITY to act, and in such instances he shall, upon
request, show CONTRACTOR written authority.
He has authority to stop the work whenever such stoppage may be necessary to insure the
proper execution of the contract.
9.3As the Engineer is, in the first instance, the interpreter of the conditions of the contract
and the judge of its performance, he shall side neither with CITY nor with
CONTRACTOR, but shall use his power under the contract to enforce its faithful
performance by both.
10.0 INSURANCE
10.1The CONTRACTOR shall maintain during the term of this contract commercial liability,
motor vehicle, and property damage insurance, acceptable to the CITY, covering the
work contracted and all operations connected herewith, and whenever any of the work in
the contract is to be sublet, CONTRACTOR’S contingent or protective liability and
property damage insurance. Such insurance shall provide limits not less than those set
forth on the insurance requirement schedule attached as Attachment “A”.
10.2Required insurance shall be documented in a certificate of insurance which provides that
the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of
cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if
Certificate of Insurance is not acceptable.
10.3The CONTRACTOR shall take all necessary precautions to prevent the generation of
loud, unnecessary noise in conjunction with his operations at the work site. Internal
combustion engines used with construction equipment shall be equipped with mufflers, as
required by the Code of the City of Boynton Beach, and the CONTRACTOR shall
comply with all requirements of this Code as they pertain to prevention of noise. No pile
driver, excavating or other construction equipment, pneumatic hammer, derrick, the use
of which is attend by loud or unusual noise, shall be operated between the hours of 6:00
P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in
case of emergency.
240 of 426
GUARANTEE AND WARRANTIES
10.4All the work shall be guaranteed to remain in good condition for one year from date of
acceptance.
12.0 TERMINATION OF CONTRACT
12.1If the work to be performed under the contract is assigned by the CONTRACTOR other
than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a
general assignment of his assets be made for the benefit of his creditors; if a receiver
should be appointed for the CONTRACTOR or any of his property; if at any time the
Engineer shall certify in writing to the City Manager that the performance of the work
under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully
violating any of the conditions, provisions, or covenants of the contract, plans or
specifications, or that he is executing the same in bad faith or otherwise not in accordance
with the terms of the contract; if the work be not fully completed within the time named
for its completion or within the time to which such completion date may be extended; or
if other just causes exist, the City Manager may serve ten (10) days’ written notice upon
the CONTRACTOR of the intent to terminate the contract for the CITY and if the
CONTRACTOR shall not, prior to the effective date of termination set forth in such
notice, take such measures as will, in the judgment of the City Manager, ensure the
satisfactory performance of the work, the City Commission and the City Manager may
declare the contract terminated on the effective date specified in such notice, or any date
subsequent thereto. In the event of such termination, the City Manager shall notify the
CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such
notice and stop work and cease to have any right to the possession of the ground and shall
forfeit his contract. Upon such termination, the City Manager shall provide the Surety
with written notice of the CITY’S action and the Surety shall within ten (10) days of
receipt of said notice remedy the default or the Surety shall as expeditiously as possible:
12.1.1Complete the contract in accordance with its terms and conditions, or
12.1.2Obtain a bid or bids for completing the contract in accordance with its terms and
conditions, and upon determination by Surety and the CITY of the lowest
responsible bidder, make available as work progresses (even though there should
be a default or a succession of defaults under the contract or contracts or
completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price; but not exceeding, including
other costs and damages for which the Surety may liable hereunder, the amount
set forth in the first paragraph hereof. The term “balance of the contract price”, as
used in this paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the contract and any amendments thereto, less the amount
properly paid by CITY to CONTRACTOR.
13.0 CONTRACT CONTROLS
13.1The subject contract between the CITY and the CONTRACTOR shall supersede any and
all documents executed between the parties relative to the project. In the event of any
inconsistencies, the terms, provisions and conditions set forth in the subject contract shall
supersede all other documents and shall be controlling.
241 of 426
14.0 TIME OF ESSENCE
14.1Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all
the other contract documents relating to the times of performance and completion of the
work are for the purpose of enabling the CITY to complete the construction of a public
improvement in accordance with a predetermined program, all such time limits are of the
essence of the contract.
15.0 REMEDY FOR DELAY
15.1In the event of any delay in the project caused by any act or omission of the CITY, its
agents or employees, by the act or omission of any other party, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the project. No
monetary damages shall be claimed or awarded to CONTRACTOR in association with
any delay in the project caused by an act or omission of the CITY, its agents or
employees.
15.2Failure on the part of CONTRACTOR to timely process a request for an extension of
time to complete the work shall constitute a waiver by CONTRACTOR and
CONTRACTOR shall be held responsible for completing the work within the time
allocated by this contract.
15.3All requests for extension of time to complete the work shall be made in accordance with
the General Conditions for Construction.
15.4For the purpose of this section the phrase “the CITY, its agents and employees” shall
include but shall not be limited to the architect, project manager and consulting
engineers.
242 of 426
IN WITNESS WHEREOF,
the CITY has caused these presents to be signed by its City
Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR
has executed these presence the day and year herein before written.
CITY OF BOYNTON BEACH, FLORIDA
Signed, sealed and witnessed
in the presence of:
_____________________________ ______________________________________
City Manager
Attest: Approved as to Form:
_____________________________ ______________________________________
City Clerk City Attorney
Signed, sealed and witnessed Contractor
in the presence of:
_____________________________ ______________________________________
President or the Vice President
_____________________________ ______________________________________
Attest as to Contractor
243 of 426
State of Florida )
) ss:
County of Palm Beach )
On this ______ day of _______________, 20___, personally appeared before me duly authorized to
administer oaths ______________________________________________ to me known to be the persons
described herein and who executed the foregoing instrument and have acknowledged before me and they
have executed same.
_____________________________________________________
Notary Public
My Commission Expires: ________________________________
05/04/01 ktr
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We ___________________________________________, as Principal and
________________________________________________, a corporation, as Surety, are bound to City
of Boynton Beach, herein called Owner, in the sum of $_____________________________, for
payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly
and severally.
THE CONDITION OF THIS BOND is that if Principal:
1.Performs the contract dated ___________________________, between Principal and Owner for
construction of _________________________________________, the contract being made a part of
this bond by reference, at the times and in the manner prescribed in the contract; and
2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for the contract; and
3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
244 of 426
4.Performs the guarantee of all work and materials furnished under the contract for the time specified
in the contract, then this bond is void; otherwise it remains in full force.
5.Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety’s obligation under this
bond.
6. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a
claimant under this bond for payment must be in accordance with the notice and time limitation
provisions in Section 255.05(2), Florida Statutes.
DATED ON __________________________________
__________________________________
(Name of Principal)
BY: __________________________________
__________________________________
(Name of Surety)
WARRANTY
The undersigned, ________________________________________________________________, hereby
agrees for a period of one (1) year from the date hereof, to repair any defect or damages resulting from
the work conveyed to the City of Boynton Beach (the “City”), pursuant to that certain Bill of Sale or
Plans dated ______________ which is result of a defect in the materials or workmanship. The
undersigned, upon notice of such defect, shall make the foregoing repairs as soon as reasonably possible
or, if such repairs have already been made by the City, the undersigned, upon receipt of evidence of the
costs reasonably incurred by the City in the making of such repairs, shall forthwith refund same to the
City. Anything herein to the contrary notwithstanding, the City shall have the sole obligation to perform
all maintenance required. Accordingly, the undersigned shall have no liability hereunder in the event
that the repairs result from the failure of the City to properly maintain same or misuse or abuse (except,
however, nothing contained herein shall be construed to release the undersigned from liability for
damage or defect caused by acts of the undersigned or its employees or agents in connection with the
completion by the undersigned of the project).
Date: _____________________________
By: ________________________________
245 of 426
President
________________________________
Name of Company
(CORPORATE SEAL)
246 of 426
STATE OF FLORIDA )
SS:
COUNTY OF _____________)
I, HEREBY CERTIFY
that on this day, before me, an officer duly authorized to take
acknowledgements, personally appeared ______________________________________________, Florida
Corporation and general partner of ____________________________________________. A Florida
limited partnership, to me known to be person described in and who executed the foregoing instrument and
he acknowledged before me that he executed the same for the uses and purposes therein expressed.
__________________________________
Notary Public, State of Florida
My Commission Expires:
WARRANTY OF TITLE
To be executed with each and every payment or draw request
STATE OF FLORIDA
COUNTY OF___________________
__________________________________, being first duly sworn, deposes and says as follows:
He is ____________________ of _____________________________________________,
(Title) (Name of Corporation or Firm)
a ______________________ corporation which is named in Construction Contract dated the _______ day
of _______________________, 2011, between said corporation as the CONTRACTOR and the City of
Boynton Beach, Florida as the OWNER, for the construction of
_________________________________________________ and Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Periodical Estimate for Payment
dated __________________, passes to the Owner at the time of payment free and clear of all liens, and all
laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or
materials upon said Contract work covered by the aforesaid Periodical Estimate for Payment.
247 of 426
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
____________________________________
Affiant
Sworn to and subscribed before me this
________ day of _____________________, 2011.
________________________________________
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
FINAL ESTIMATE RECONCILIATION AGREEMENT
This Final Estimate Reconciliation Agreement covering the period from _________________, to
_________________, supersedes any and all previous correspondence or verbal agreement regarding
deletions or additions to the scope of work in the performance of the contract dated ______________ for
construction of ___________________________ and all appurtenant work thereto in the City of
Boynton Beach, Palm Beach County, Florida.
It is hereby agreed and understood that all quantities and prices shown on the attached Final
Estimate No. ____ are correct and the amount of $_____________ constitutes final payment, including
retainage, and Change Order No. ___________ for all materials furnished and work performed by
_______________________________, Contractor, and all other contractors, in the construction and
completion of the above project, all which were to be performed in strict accordance with the terms of
the original contract.
It is further agreed and understood that the one-year warranty period of workmanship and
materials furnished shall commence on final completion and acceptance by the Owner, City of Boynton
Beach, as outlined in Paragraph C-15 of the original agreement.
By:_____________________________________
RECOMMENDED FOR APPROVAL:
By: ____________________________
248 of 426
ACCEPTED:_____________________________
By:_____________________________________
Date:___________________________________
249 of 426
7. B
BIDS AND PURCHASES OVER $100,000
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:(1) Reject the seven (7) highest bids the City received in
EQUESTED CTION BY ITY OMMISSION
response to the Invitation to Bidders.
(2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-11/TWH ”Regional
Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also
approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of
$893,200.
ER: Ten (10) bids were received and opened by Procurement Services
XPLANATION OF EQUEST
on June 23, 2011 and copies of the bid proposals were submitted to the Utilities Department
and the City’s Design Professional for this project, the Wantman Group, Inc.(WGI) for review
and evaluation.
After having performed an initial administrative evaluation of the 10 bids received, the Utilities
Department is recommending, in accordance with the Instruction To Bidders, Section 25
RIGHTS OF THE CITY, subsection 25.3 that the City Commission reject seven (7) of the bids
based on price. The seven (7) bids were received from the following bidders:
Bidders Bid Value
GlobeTec Construction, LLC $890,025.00
Centerline Utilities, Inc. $983,075.00
TLC Diversified, Inc. $1,073,925.00
Cardinal Contractors, Inc. $1,108,512.00
Murray Logan Construction $1,168,000.00
H. A. Contracting, Corp. $1,207,672.00
Lanzo Construction, Co. $1,212,825.00
250 of 426
A documented Bid Evaluation – Due Diligence review, based on the Selection Criteria
identified in the Instruction To Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1
through 26.1.10 was initially performed by the Wantman Group, Inc. on the two (2) low bidders
as follows:
Bidders Bid Value
Hinterland Group, Inc. $784,738.00
Wharton-Smith, Inc. $812,000.00
Since the third low bidder’s price was $92,987.00 or 11.85% higher than the low bidder and
$65,725.00 or 8.09% higher than the second low bidder, WGI did not perform the detailed Bid
Evaluation – Due Diligence on the third low bidder. The third low bidder was Intercounty
Engineering, Inc. with a bid value of $877,725.00.
The Engineer’s Cost Opinion for this project is $965,914.69. The value of the bids received for
this project ranged from $784,738.00 to $1,212,825.00 and the average bid value is
$1,011,849.70. With a bid value of $812,000.00, the Wharton-Smith bid is $153,914.69 below
the Engineer’s Cost Opinion and $199,894.70 below the average bid value for this project.
In addition to having reviewed and evaluated the bid packages of the two (2) lowest bidders,
the City has received the Bid Evaluation – Due Diligence review documentation and
recommendation of award from the Wantman Group, Inc.
As a result of the detailed Bid Evaluation – Due Diligence performed by the Wantman Group
on the two (2) low bidders, it was determined that the lowest bidder Hinterland Group, Inc.
appears to be a “very good contractor”. However during the due diligence review of their
previous experience in performance of similar projects, the Wantman Group learned that the
bulk of Hinterland’s experience has been in the rehabilitation of existing lift stations and not the
full scope construction of a large, deep and technologically advanced regional or sub-master
lift station.
Therefore, after a review of the bid packages from the two (2) lowest bidders and an evaluation
of the Wantman Group, Inc. recommendation of award package, the Utilities Department
concurs with the Wantman Group’s recommendation to award this contract to Wharton-Smith,
Inc. as the lowest, most responsive, responsible bidder who meets all contract document
requirements and whose bid represents the most advantageous bid to the City, price and other
factors considered.
H? The project’s scope consists of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
construction of a new regional sanitary lift station in Pence Park to intercept the existing sanitary
TH
sewer gravity line on SE 6 Avenue, to collect and to pump the wastewater to the South Central
Regional Wastewater Treatment Plant through the new 16” and 24” regional force main pipelines
constructed in 2010 and 2011.
FI: Funds are available as follows:
ISCAL MPACT
Account Number Project Number Allocation
404-5000-590-96-03 SWR114 100%
251 of 426
A: None, the Regional Lift Station at Pence Park represents the third and final
LTERNATIVES
component of the Regional Force Main project.
The first component of this project was the Jack and Bore installations under I-95, Woolbright
Road and the FEC Railroad tracks. The Jack and Bore Regional Force Main project
component was completed in December 2010.
The second component of this project was the Open Cut installation of over 20,000 linear feet
of 24” force main and 3,500 linear feet of 16” force main forming the new Regional Force Main
pipeline system. This pipeline work stretched from the South Central Regional Wastewater
Treatment Plant in Delray Beach to East Ocean Avenue here in Boynton Beach. The Open Cut
Regional Force Main project pipeline component is nearing its Substantial Completion date of
August 9, 2011.
252 of 426
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
REJECTING THE SEVEN HIGHEST BIDS AND THE LOWEST BID;
APPROVING THE AWARD AND EXECUTION BY THE INTERIM CITY
MANAGER AND CITY CLERK OF A CONTRACT TO WHARTON-SMITH,
INC., FOR BID #059-2821-11/TWH, FOR “REGIONAL LIFT STATION AT
PENCE PARK”, IN THE AMOUNT OF $812,000 WITH AN OWNER’S
CONTINGENCY OF 10% IN THE AMOUNT OF $81,200 FOR A TOTAL
BUDGET APPROPRIATION OF $893,000; AND PROVIDING AN
EFFECTIVE DATE
.
WHEREAS,
on June 23, 2011, Procurement Services received and opened ten (10) bid
proposals in response to #059-2821-11/TWH for “Regional Lift Station at Pence Park”; and
WHEREAS,
the City’s staff and the City’s Design Professional on this project, the Wantman
Group, reviewed and evaluated the bid proposals; and
WHEREAS,
after an initial administrative evaluation of the ten bids, the Utilities Department
has recommended that the City Commission reject the seven (7) highest bids ; and
WHEREAS,
as a result of the bid evaluation-due diligence performed by the Wantman Group,
staff is recommending the award of the contract to Wharton-Smith, Inc., of Sanford, Florida who was
the most responsive, responsible bidder who met all qualifications; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize
execution of a contract with Wharton-Smith, Inc., for Bid #059-2821-11/TWH “Regional Lift Station at
Pence Park”, in the amount of $812,000 with an owner’s contingency of 10% in the amount of $81,200
for a total budget appropriation of $893,200.
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 hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby award
253 of 426
and authorize execution by the Interim City Manager and City Clerk of a contract with Wharton-Smith,
Inc., for Bid #059-2821-11/TWH “Regional Lift Station at Pence Park”, in the amount of $812,000 with
an owner’s contingency of 10% in the amount of $81,200 for a total budget appropriation of $893,200, a
copy of which is attached hereto as Exhibit “A”.
Section 3.This Resolution shall become effective immediately upon passage.
254 of 426
PASSED AND ADOPTED
this _____ day of August, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
255 of 426
256 of 426
257 of 426
258 of 426
259 of 426
260 of 426
261 of 426
262 of 426
263 of 426
264 of 426
265 of 426
266 of 426
267 of 426
268 of 426
269 of 426
270 of 426
271 of 426
272 of 426
273 of 426
274 of 426
275 of 426
276 of 426
277 of 426
278 of 426
279 of 426
280 of 426
281 of 426
282 of 426
283 of 426
284 of 426
285 of 426
286 of 426
287 of 426
288 of 426
289 of 426
290 of 426
291 of 426
292 of 426
293 of 426
294 of 426
295 of 426
296 of 426
297 of 426
298 of 426
299 of 426
300 of 426
301 of 426
302 of 426
303 of 426
304 of 426
305 of 426
306 of 426
307 of 426
308 of 426
309 of 426
310 of 426
311 of 426
312 of 426
313 of 426
314 of 426
315 of 426
316 of 426
317 of 426
318 of 426
319 of 426
320 of 426
321 of 426
322 of 426
323 of 426
324 of 426
325 of 426
326 of 426
327 of 426
328 of 426
329 of 426
330 of 426
331 of 426
332 of 426
333 of 426
334 of 426
335 of 426
336 of 426
337 of 426
338 of 426
339 of 426
340 of 426
341 of 426
342 of 426
343 of 426
344 of 426
REGIONAL LIFT STATION
BID TITLE: “
AT PENCE PARKPROJECT”
059-2821-11/TWH__________
BID NUMBER:
SWR114
PROJECT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT,
made and entered into this _______ day of ________________, 20___, by and
between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
Wharton-Smith, Inc. of Sanford, FL_
“CITY” or “OWNER” and ___,
a Florida Corporation (_X_) Check One
a Florida General Partnership (____)
a Florida Limited Partnership (____)
a Sole Proprietor (____)
hereinafter called “CONTRACTOR”.
WITNESSETH
WHEREAS,
The CITY has heretofore invited bids for a CITY construction project (“Project”)
identified by the bid title, bid number and project number listed above and commonly referred to as:
REGIONAL LIFT STATION AT PENCE PARK PROJECT
WHEREAS,
CONTRACTOR, in compliance with the bidding requirements announced by the
City, submitted a bid on the _23_ day of _June__, 2011_, for the total bid amount of
812,000.00
$_________________; and,
WHEREAS,
On the ___ day of _________, 2011_, the City Commission designated
CONTRACTOR as having submitted the bid that was most advantageous to the CITY and authorized the
execution of this Agreement; and,
WHEREAS,
the Parties agree that the Project is scheduled to achieve Substantial Completion
270
without interruption within calendar days as specified in the Notice to Proceed, subject to CITY
approved time extensions.
NOW, THEREFORE,
in consideration of these premises and the mutual conditions and covenants
contained herein, the parties agree as follows:
345 of 426
1.AGREEMENT
1.1.The Parties agree that:
1.1.1.The foregoing "Whereas" clauses are true and correct and incorporated herein by
this reference.
1.1.2.The CITY hereby hires the CONTRACTOR to provide construction services for
completion of the Project.
1.1.3.The CONTRACTOR hereby accepts this Contract and agrees to furnish the
necessary labor, tools, equipment, materials and supplies, etc., and to complete
the Project by performing all the work as set forth in this Contract and the
Contract Documents for the price and amounts set forth in CONTRACTOR’S bid.
1.1.4. CONTRACTOR is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR.
1.1.5.Unless otherwise provided, all time frames referenced in all Contract Documents
shall be calendar days.
2. SCOPE OF SERVICES
2.1.The Project consists of those improvements described and set forth in the Contract
Documents.
2.2.The “Contract Documents” are the compilation of the following individual documents
which are hereby not listed in any order of precedence.
2.2.1.Advertisement for Bids
2.2.2.Instructions for Bidders
2.2.3.Bid Proposal
2.2.4.Bid Bond
2.2.5.General Conditions for Construction (GC) – all references to “GC” shall
be to section numbers
2.2.6Special Conditions for City Furnished Materials
2.2.7Terms and Conditions for City Furnished Materials
2.2.8Construction Contract
2.2.9Certificate of Insurance
2.2.10Public Construction Bond
2.2.11Technical Specifications
2.2.12Contract Drawings and Plans
2.2.13Addenda
2.2.14Written directives or interpretations
2.2.15Manufacturers warranties
3. OBLIGATIONS OF CONTRACTOR
3.1.CONTRACTOR shall:
3.1.1.Furnish all materials, supplies, machines, equipment, tools, superintendents, labor,
insurance, and other accessories and services necessary to complete said project in
346 of 426
accordance with the conditions and prices as stated in the Contract Documents.
3.1.2.Perform all the work and labor pursuant to this contract. All of the materials
furnished shall be in strict conformity with the Contract Documents.
CONTRACTOR further accepts and consents to the conditions contained in said
Contract Documents and expressly agrees to comply with every requirement and
stipulation therein contained.
3.1.2.1.Comply with provisions in Special Conditions and Terms and
Conditions for City Furnished Materials.
3.1.3.Furnish all tools, equipment, materials and supplies and to do all the work above
mentioned in a first-class, substantial and workmanlike manner and in conformity
with the detail for said work on file in the office of the Project Manager and
strictly in accordance with the Contract Documents.
3.1.4.CONTRACTOR shall furnish each subcontractor or material supplier with a copy
of his Public Construction Bond within five (5) days of subcontractors’ work or
subcontractor’s supplying of material to CONTRACTOR and shall maintain
records to establish such notice. A copy of said notice shall be provided to the
City’s Project Manager at time of issuance.
3.1.5.Guarantee all work and materials for a period of one (1) year, as set forth in the
General Conditions for Construction GC-24, WARRANTY. Warranty period shall
commence with date of final acceptance as set forth in the Technical Specifications
for Construction 01700, EXECUTION REQUIREMENTS.
3.1.6.Comply with the provisions of Section 255.05, Florida Statutes, if applicable.
3.1.7.Pay promptly, before final settlement, any and all claims or liens by subcontractors
or material suppliers, incurred in and about this work.
3.1.8.Remove and clean up all rubbish, debris, excess material, temporary structures,
tools and equipment that may have been used or worked on by the
CONTRACTOR in connection with the project promptly from streets,
alleys, parkways and adjacent property as such section or portion is completed
and ready for use, leaving the same in a neat and presentable condition.
3.1.9.Observe and comply with the provisions of the charter, ordinances, codes and
regulations of the City of Boynton Beach, Florida.
3.1.10.Obtain written approval from the CITY of all subcontractors not disclosed in the
CONTRACTOR’S bid document.
3.1.11.Perform such other tasks as set forth in the Contract Documents.
3.1.12.Provide all required bonds, insurance certificates and any other required security
for performance of the Project within ten (10) days of the Award of the Project.
3.2.The CONTRACTOR will be held responsible for the care, protection and condition of all
work until final completion and acceptance thereof, and will be required to make good at
CONTRACTOR’S own cost any damage or injury occurring from any cause resulting
347 of 426
from their acts or omissions, or the acts or omissions of their subcontractors or suppliers.
4. CITY’S OBLIGATIONS
4.1.The CITY shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2.The CITY shall make timely payments for the work in accordance with the procedures
and time frames set forth in the Contract Documents.
4.3.On satisfactory completion of the Project, the CITY shall provide a written final
acceptance and payment for the entire project.
5. COMMENCEMENT OF WORK
5.1.Prior to commencement of work, the City and Contractor shall negotiate and agree upon
Contractor’s per diem direct job site costs and home office overhead costs. The
negotiated amounts shall be used for purposes of determining the compensation to be
paid to Contractor for a suspension, field change directive, or any other instance wherein
GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY does not apply. In order
to facilitate an agreement as to amount, Contractor agrees to permit the City to audit
records which establish Contractor’s direct job site costs and home office overhead.
The City and Contractor shall attach an addendum to this Contract which sets forth the
negotiated amounts. If the parties are unable to reach an agreement for such costs within
60 days of the City selecting Contractor for the Project, the City shall be entitled to
discontinue all discussions with Contractor, select another contractor, or cancel the bid
entirely. In such an instance, the awarded Contractor shall not be entitled to receive any
funds from City for costs incurred from the time of its bid to the time of the City’s
decision not to utilize Contractor’s services. Contractor shall not be entitled to any
damages or compensation as a result of Bidder’s reliance on its award of the bid.
5.2.CONTRACTOR hereby agrees to commence work under this contract within ten (10)
calendar days of the Commencement Date specified in the written “Notice to Proceed,”
270
and to achieve Substantial Completion without interruption within calendar days
thereafter.
5.3.With respect to this Contract, time is of the essence. . In the event the CONTRACTOR
shall fail to (1) timely commence the work following Notice to Proceed or (2)fail in the
performance of the work specified and required to be performed within the time limit set
forth in the contract, after due allowance for any extension or extensions of time made in
accordance with the Contract Documents, the CONTRACTOR shall be liable to the
CITY for liquidated damages the amount stipulated in Section 6.0 hereinbelow for each
and every calendar day that the CONTRACTOR shall be in default of achieving of
Substantial Completion.
5.4.CONTRACTOR shall notify the Project Engineer in writing of any change in the names
and addresses of each subcontractor proposed for principal parts of work, and any
changes in subcontractors from those proposed in CONTRACTOR’S bid proposal, and
for such others as the Project Engineer may direct, and shall not employ any
subcontractor that CITY may, within a reasonable time, object to as incompetent or as
unfit.
348 of 426
6. LIQUIDATED DAMAGES
$2,000.00
6.1.The CONTRACTOR agrees to pay per day as liquidated damages, for failure
to begin within ten (10) days of CITY’S issuance of the “Notice to Proceed” or failure to
270
achieve Substantial Completion within calendar days from the Commencement Date
as indicated in the written “Notice to Proceed”. The CITY shall have the right to deduct
such liquidated damages from any amount due, or that may become due the
CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his
Surety.
6.2.Punch list items recorded as a result of inspections for Substantial Completion are to be
corrected by the CONTRACTOR within thirty (30) calendar days and prior to any
request for Final Inspection, Testing and Acceptance as stated in the General Conditions
for Construction (GC-50). If the Substantial Completion punch list items have not been
corrected by the CONTRACTOR within the thirty (30) calendar day period, at the
discretion of the Project Manager, Liquidated Damages may be applied as described in
Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1.The CONTRACTOR warrants that quoted prices include the protection and continuous
use of all existing work in process, property or operations of the CITY as more
particularly set forth in the Technical Specifications for Construction, 01540, SECURITY
AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541
SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT
PROJECTS.
8. INDEMNIFICATION
8.1.The CONTRACTOR shall indemnify and save harmless and defend the CITY pursuant
to the provisions set forth in General Conditions for Construction, GC-26 -
INDEMNITY.
9. PAYMENT BY CITY
9.1.The CITY agrees to pay the CONTRACTOR in current funds for the performance of the
contract, subject to additions and deductions as provided in the Contract Documents.
9.2.The City reserves the right to negotiate any and all amounts contained in the bidding and
contract documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating the Contract, may order extra work or make changes by
At the City’s discretion, the City may
altering, adding to or deducting from the work.
make direct purchases of any materials and equipment purchased for, or to be
incorporated into the Project, as determined by the City.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
349 of 426
All such work shall be executed under the conditions of the original Contract. Any claim
for extension of time caused thereby shall be made in writing at the time such change is
ordered. Changes in the work must be processed as set forth in the General Conditions
for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No
Field Change Directive or Change Order shall be authorized by the Project Manager if
the Contractor has added language to the Field Change Directive or Change Order or to
any cover letter, e-mail, facsimile, or other written document which accompanies the
Field Change Directive or Change Order in which the contractor attempts to reserve any
future right or claim arising out of the work which is the subject of the Field Change
Directive or Change Order. If the Contractor adds such language, the Project Manager
shall secure specific written authorization from the City Manager’s office before
executing the Field Change Directive or Change Order.
10.2hange orders and adjustments shall be in writing and approved by the Project Manager,
C
otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be submitted for
the current contract payment for the month in which the work was done. No claim for
extra work shall be allowed unless same was ordered, in writing, as aforesaid and the
claim presented at the time of the first estimate after the work is completed.
11. PROJECT ENGINEER
David Brobst, P.E., Wantman Group, Inc.
11.1.The Project Engineer (“Engineer”) is
11.2.The Project Engineer shall have general supervision and direction of the work. The
Project Engineer is the agent of the CITY only to the extent provided in the Contract
Documents and when in special instances he has the authority by CITY to act, and in
such instances he shall, upon request, show CONTRACTOR such authority in writing.
He has authority to stop the work whenever such stoppage may be necessary to insure the
proper execution of the Contract.
11.3.As the Project Engineer is, in the first instance, the interpreter of the conditions of the
contract and the judge of its performance, he shall side neither with CITY nor with
CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its
faithful performance by both parties.
11.4.In the event of a dispute, the role of the Project Engineer is to make recommendations to
the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions
for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1.This Contract must be construed with all other Contract Documents, a master set of
which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only
the master set of documents, or copies thereof certified by the City Clerk, shall be used as
evidence.
350 of 426
13.2.In the event of a conflict between the requirements or specifications set forth in the
Contract Documents, the conflict shall be resolved by written interpretation by the
Project Manager. In reconciling conflicting provisions of the Contract Documents, the
Contract shall have the greatest weight, followed by the General Conditions for
Construction, technical specifications, and finally by the balance of the Contract
Document.
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY to
complete the construction of a public improvement in accordance with a predetermined
program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1.In the event of any delay in the project caused by any act or omission of the CITY, its
agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather
conditions or unavailability of materials, the sole remedy available to CONTRACTOR
shall be by extension of the time allocated to complete the project.
15.2.NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS
LIMITATION.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
15.3.Failure on the part of CONTRACTOR to timely process a request for an extension of
time to complete the work shall constitute a waiver by CONTRACTOR and
CONTRACTOR shall be held responsible for completing the work within the time
allocated by this contract.
15.4.All requests for extension of time to complete the work shall be made in accordance with
the General Conditions for Construction GC-23, EXTENSION OF TIME/NO
DAMAGES FOR DELAY.
15.5.For the purpose of this section, the phrase “the CITY, its agents and employees” shall
include but shall not be limited to the Project Engineer and Project Manager.
16. SUSPENSION
16.1. In accordance with the General Conditions for Construction GC-19, SUSPENSION, in
the event of a suspension, CONTRACTOR agrees that its sole compensation shall be the
per diem direct job site overhead as set forth in the Schedule of Bid Items.
351 of 426
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
17. DISPUTES
17.1.Disputes shall be resolved as set forth in the General Conditions for Construction GC-18,
DISPUTES.
17.2.Upon resolution of a dispute by the Owner, either party may request the appointment of a
mediator.
352 of 426
IN WITNESS WHEREOF,
the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
CITY OF BOYNTON BEACH, FLORIDA
Signed, sealed and witnessed
in the presence of:
_____________________________ ______________________________________
City Manager
Attest: Approved as to Form:
_____________________________ ______________________________________
City Clerk City Attorney
CONTRACTOR
Signed, sealed and witnessed
in the presence of:
_____________________________ ______________________________________
President or Vice President
_____________________________ ______________________________________
Attest as to CONTRACTOR
State of Florida )
) ss:
County of Palm Beach )
On this ______ day of _______________, 20___, personally appeared before me, duly authorized to
administer oaths, ______________________________________________ known to be the persons
described herein or who has produced ______________________________ as identification and who
executed the foregoing instrument and has acknowledged before me that they have executed same.
_________________________________
Notary Public
My Commission Expires:
BY THIS BOND, We ___________________________________________, as Principal and
________________________________________________, a corporation, as Surety, are bound to City
of Boynton Beach, herein called Owner, in the sum of $_____________________________, for
353 of 426
payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly
and severally.
THE CONDITION OF THIS BOND is that if Principal:
6.Performs the contract dated ___________________________, between Principal and Owner for
construction of _________________________________________, the contract being made a part of
this bond by reference, at the times and in the manner prescribed in the contract; and
7.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for the contract; and
8.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
9.Performs the guarantee of all work and materials furnished under the contract for the time specified
in the contract, then this bond is void; otherwise it remains in full force.
10.Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety’s obligation under this
bond.
11.This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a
claimant under this bond for payment must be in accordance with the notice and time limitation
provisions in Section 255.05(2), Florida Statutes.
DATED ON __________________________________
__________________________________
(Name of Principal)
BY: __________________________________
__________________________________
(Name of Surety)
STATE OF FLORIDA
COUNTY OF__________________________________, being first duly sworn, deposes and says as
follows:
He is ____________________ of _____________________________________________,
(Title) (Name of Corporation or Firm)
a Florida Corporation (______) Check One
354 of 426
a Florida General Partnership (______)
a Florida Limited Partnership (______)
a Sole Proprietor (______)
which is named in Construction Contract dated the _______ day of _______________________, 20____,
between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER,
for the construction of _________________________________________________ and Affiant is
authorized to make this Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Final Application for Payment
dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and
all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or
materials upon said Contract work covered by the aforesaid Final Application for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
____________________________________
Affiant
Sworn to and subscribed before me this
________ day of _____________________, 20___
________________________________________
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
355 of 426
9. A
PUBLIC HEARING
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-020 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amend the Land Development Regulations (LDR) to 1) modify the definitions of certain
industrial uses to allow an accessory component to include retails sales, tasting rooms, and facility tours;
and 2) to allow such industrial uses within the General Commercial (C-4) zoning district. Applicant: City-
initiated.
ER: Within the last year, staff has received inquiries from two (2)
XPLANATION OF EQUEST
individuals seeking locations to open microbrewery (craft beer) establishments in the City.
Each has inquired about locating on industrial properties, primarily because of lower leasing
rates than their commercial counterparts and the probability that existing buildings are
designed to better accommodate the proposed use and its associated operations (e.g., the
need for large spaces and high ceilings). After conducting research, staff realizes that the
microbrewery concept is a burgeoning industry throughout the state, that there is a void in the
immediate area, and that the City’s regulations should be amended to accommodate such
industry. Staff also learned that the typical business model for these microbreweries is
comprised of the following components: 1) beverage production; 2) beverage distribution; and
3) the on-site consumption and retail sales of theirs and similar products. While being
supportive of this emerging industry, staff had initial reservations toward allowing the
consumption of alcohol on-premises for businesses located in industrial areas, due to
concerns the operation would evolve into a brewpub (brewpub, bar, or nightclub – principle
uses which are not allowed in the M-1 district). After further analysis however, staff addressed
this concern by creating a provision (and definition) for a “tasting room,” which simply
described, is a size-restricted area of the establishment where the public is allowed and
encouraged to taste samples of the products produced on-site, as well as products from other
similar establishments. The proposed regulations also include a restriction on the hours of
356 of 426
operation for tasting rooms within the M-1 district. Staff has learned that the term “tasting
room” and such regulations are commonly associated with this industry.
Staff has drafted the proposed provisions for tasting rooms and retail sales to also apply to
other industrial uses such as those that manufacture food. This was a logical addition to the
amendments and would allow for the on-site tasting and accessory retail component at similar
uses such as bakeries, confectionaries, or other food manufacturers. Finally, these provisions
are proposed to apply to the General Commercial (C-4) zoning district as well as the M-1
district, to expand the siting options for such light industrial uses. Although many breweries
have on-site restaurants or full bars, staff proposes more conservative accommodations at this
time with the intent to expand the provisions later if supported by the local industry and if our
initial experience is positive. Future considerations could include allowing the uses within
commercial zoning districts to allow the commercial component to be a full accessory
restaurant or restaurant/bar. Please see the accompanying staff report for the specific wording
to be added to the Land Development Regulations to codify this proposed amendment.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: New businesses accommodated to contribute to property values, permit
ISCAL MPACT
revenues, and business tax revenues.
A: Not approve subject code amendment or approve with changes.
LTERNATIVES
357 of 426
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS BY AMENDING CHAPTER 1, ARTICLE II, “DEFINITIONS”,
TO ALLOW AN ACCESSORY COMPONENT TO INCLUDE RETAIL SALES,
TASTING ROOMS AND FACILITY TOURS; AMENDING CHAPTER 3,
ARTICLE IV, USE PROVISIONS, TO ALLOW SUCH INDUSTRIAL USES
WITHIN THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS
, staff is proposing amendment to the Land Development Regulations (LDR) to add
operational flexibility to certain industrial uses and to restrict the size of tasting rooms where such
establishments are located within the C-4 and M-1 zoning districts; and
WHEREAS
, the City Commission of the City of Boynton Beach deems it to be in the best
interest of the citizens and residents of the City to amend the Land Development Regulations to allow an
accessory component to include retail sales, tasting rooms and facility tours and to allow such industrial
uses within the General Commercial (C-4) zoning district.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 1, Article II, Definitions of the Land Development Regulations, is hereby
amended by adding the words and figures in underlined type, as follows:
Definitions
Part III (LDR), Chapter 1, Article II .
BAKERY, COMMERCIAL
– An establishment primarily engaged in the manufacturing of
bread and other bakery products.
BEVERAGE MFG –
An establishment primarily engaged in the manufacturing, purifying,
bottling, and distribution of beverage products, including ice and alcoholic beverages. This
industrial use may include a subordinate commercial component (i.e. tasting room, retail and
Deleted:
one or more of the following:
facility tours) that is open to the public.
(1) manufacturing soft drinks, tea, and
coffee; (2) manufacturing ice; and (3)
purifying and bottling water. Distilling
and/or brewing is prohibited
358 of 426
DAIRY PRODUCTS MFG –
An establishment that manufactures dairy products from raw
milk, processed milk, and dairy substitutes. This industrial use may include a subordinate
commercial component (i.e. tasting room, retail and facility tours) that is open to the public.
FOOD PROCESSING –
An establishment primarily engaged in processing canned, pickled,
and dried fruits, vegetables, specialty foods, snacks, confections, and spices. This industrial use
may include a subordinate commercial component (i.e. tasting room, retail and facility tours) that
is open to the public.
FROZEN FOOD –
An establishment primarily engaged in processing and freezing fruit, juices,
vegetables, and specialty foods, such as dinners, entrees, and side dishes; pizza; whipped
toppings; and waffles, pancakes, and french toast. This industrial use may include a subordinate
commercial component (i.e. tasting room, retail and facility tours) that is open to the public.
ICE CREAM & FROZEN DESSERT –
An establishment primarily engaged in the
manufacturing frozen desert products such as ice cream, yogurts, ices, sherbets, and other
desserts (except bakery products). This industrial use may include a subordinate commercial
component (i.e. tasting room, retail and facility tours) that is open to the public.
TASTING ROOM –
Commercial floor area of a food or beverage manufacturing establishment
where the public is allowed and encouraged to purchase, taste, and / or consume the products
produced on or off-site. The zoning regulations may contain conditions applicable to tasting
rooms with respect to location, size, hours of operation, and the like, in order to maintain the
ancillary relationship with the principal use and compatibility with surrounding properties and
zoning district.
Section 3. Chapter 3, Article IV, Use Provisions of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
Use Provisions
Part III (LDR), Chapter 3, Article IV .
Use C-4 district M-1 district Notes
Bakery,
C* P* 4
Commercial
Beverage
C* P* 4
MFG
Dairy
C* P* 4
Products Mfg
Food
C* P* 4
Processing
Frozen Food C* P* 4
Ice Cream &
Frozen C* P* 4
Dessert
4. General Note.
359 of 426
a. C-4 district
. If proposed on a site that fronts on an arterial or collector roadway, the
establishment shall be required to have an accessory commercial component (i.e., tasting
room and retail showroom) to the operation. The size of the tasting room / retail showroom
shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. No
use shall be carried out so as to allow the emission of objectionable or offensive odors or
fumes in such concentration as to be readily perceptible at any point at or beyond the
boundary of the zoning district.
b. M-1 district.
(1) These establishments may include an accessory commercial component
(i.e., tasting room and retail showroom). If located on an arterial roadway, a
commercial component shall be required. The tasting room, retail showroom, and
facility tours shall not be open to the public after 10 p.m., except Fridays and
Saturdays, whereby it may remain open until 11 p.m. Additionally, the size of the
tasting area shall not exceed the following:
(a) For establishments under 10,000 square feet or less: 20% of the
gross floor area but not to exceed 1,500 square feet.
(b) For establishments greater than 10,000 square feet, Not to exceed
1,500 square feet.
(2) No drive-up, drive-through, or drive-in facilities shall be allowed.
(3) The establishment is ineligible for a live entertainment permit.
Section 4. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
FIRST READING this ____ day of ____________, 2011.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
360 of 426
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
361 of 426
362 of 426
363 of 426
364 of 426
365 of 426
366 of 426
367 of 426
9. B
PUBLIC HEARING
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve conditional use / major site plan modification for a
EQUESTED CTION BY ITY OMMISSION
bar/nightclub within an existing 1,563 square foot building and for the construction of a new 1,025 square
foot chickee hut, all on a 0.29-acre parcel in the CBD zoning district. Applicant: IMAEC, LLC and AEC
Property Holdings, LLC.
ER:
XPLANATION OF EQUEST
Mr. Bradley D. Miller, AICP, agent for IMAEC, LLC and AEC Property Holdings, LLC, applicant, is
proposing a bar / nightclub in an existing 1,563 square foot building on a 0.29-acre parcel in the Central
Business District (CBD) zoning district. The subject site is located on the west side of North Federal
Highway, approximately 500 feet north of East Boynton Beach Boulevard, within Study Area III of the
Federal Highway Corridor Community Redevelopment Plan. A bar / nightclub requires Conditional Use
approval when located in the CBD district. The project is also considered a major site plan modification
because of the proposed 1,025 square foot chickee hut. The project would also include enhancements
to the exterior of the existing building, and other site upgrades to bring the landscaping and parking
areas up to the City’s minimum standards.
The project would require a total of 60 parking spaces; however, the code contains a special adaptive
reuse provision that is applicable to properties located in the CBD. According to Part III (LDR), Chapter
4, Article IV, Section 4.A, a structure may be enlarged (up to 100% of the gross floor area), or a use
may be changed or additional restaurant seats added without the need to provide additional parking
spaces to satisfy the City’s minimum standards. Therefore, this project is not compelled to add any
additional off-street parking spaces pursuant to the above provisions. In fact, these provisions were
intentionally created in order to stimulate business activity similar to the subject project, which is
proposed on older properties that would otherwise remain unimproved and possibly unoccupied, given
the inability to accommodate all necessary site improvements associated with current parking
regulations. While the site plan complies with these unique parking provisions, staff recognizes that
368 of 426
parking resources must still be available somewhere to support the proposed use, particularly during
peak operating hours. As a remedy, the intent of the project is to utilize the public parking spaces
located across the street in the parking garage of the Promenade development. It should be noted
however, that these spaces are only available to the public until 12:30 a.m., and as a condition of
approval, it is staff’s recommendation to restrict the hours of operation (of the subject bar) to coincide
with the availability of parking in the garage, unless the applicant enters into, and provides evidence of
an Agreement with neighboring properties to utilize their parking spaces.
In accordance with the LDR, Chapter 3, Article IV, Section 4, a sound study certified by an acoustical
engineer, is required with the submittal of a Conditional Use application for a bar and nightclub
establishment. However, not all such businesses that would be subject to this conditional use
requirement would include entertainment activities warranting a high degree of analysis required of a
specialized sound engineer, or generate sounds that would have an exterior impact. Requiring such
analysis may often add an unnecessary expense to the application process. Furthermore, the City
Commission recently adopted an ordinance establishing the Live Entertainment Permit system, which is
intended to provide an efficient and business-friendly means of reviewing, approving and regulating live
entertainment at local restaurants and bars. Based on these findings, and in particular, the recent
establishment of the live entertainment approval process, staff anticipates bringing forth a code
amendment in the near future to more appropriately address the aforementioned issues. With respect
to drafting new regulations, staff would evaluate the necessity for the technical sound analysis currently
required for conditional use review, with particular consideration of the new Live Entertainment Permit
process as well as the costs required of the applicant and the overall benefit to the City.
The Planning & Development Board forwards the item with a recommendation for approval, subject to
all staff comments including an additional condition requiring that the City and applicant explore the
feasibility of installing a “countdown” signal at the existing mid-block pedestrian crossing on Federal
Highway adjacent to the subject property. This condition was recommended by an absent member and
supported by the Board. Staff acknowledges that the condition as worded only requires that the topic be
researched, but does not specifically require physical improvements nor allocate responsibility. Staff will
attempt to research the matter further and recommend how the condition should be clarified based on a
more thorough understanding of need, and warrants as defined by technical standards of the County
and/or Florida DOT.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
REVENUES. Increase in ad valorem taxes is projected to be only about $200, since (1) improvement
value for a Tiki Hut is not considered to be real estate, and (2) the vacant building was bought in
February 2011 at a price lower than the 2010 assessment; the 2011 preliminary valuation is only
slightly higher than the 2010’s assessment. The estimated additional annual revenues would include
business tax, at $489; fire assessment, $250; fire inspection fee, $58; and water, sewer and stormwater
fees, $2,336; for a total projected annual revenue impact of $3,333.
The refuse collection fee is difficult to estimate at this time. An existing bar with a Tiki Hut pays $2,136,
but the fee may differ significantly among businesses of similar type.
COST. As already indicated, the necessary services for the property can be provided within
the existing capacity of the respective city departments providing these services: no additional
capital outlays or increased staffing would be required. The increase in the operating costs has
not been estimated as it is deemed to be negligible.
A:
Approve the request, approve the request with conditions, or deny the request.
LTERNATIVES
369 of 426
370 of 426
371 of 426
372 of 426
373 of 426
374 of 426
375 of 426
376 of 426
377 of 426
378 of 426
379 of 426
380 of 426
381 of 426
382 of 426
383 of 426
384 of 426
385 of 426
386 of 426
387 of 426
388 of 426
389 of 426
390 of 426
391 of 426
392 of 426
9. C
PUBLIC HEARING
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve New Site Plan to construct a 3,300 square foot
EQUESTED CTION BY ITY OMMISSION
bank with two (2) remote drive-through lanes and an ATM on a 0.70 acre parcel in the Community
Commercial (C-3) zoning district. Applicant: Gina Anderson with PNC Financial Services Group.
ER: Edward McDonald, Professional Engineer, with Bohler
XPLANATION OF EQUEST
Engineering, is the agent representing applicant Gina Anderson with PNC Financial Services
Group. They are requesting site plan approval to construct a 3,300 square foot bank building
with a detached drive-through center accessed by three (3) lanes, including one (1) lane for an
automatic teller machine (ATM).
The subject property is located at the northeast corner of Woolbright Road and Federal
Highway, a very visible intersection within a major activity node of Planning Area V of the
Federal Highway Corridor Community Redevelopment Plan. The future land use designation
is Local Retail Commercial (LRC), and the zoning is Community Commercial (C-3). The site
currently supports a gas station (U-Serve) with vehicle repair and a convenience store. In
redevelopment of the site, all existing structures will be demolished and all underground
equipment (fuel tanks, monitoring wells, and septic tank) will be removed. All demolition,
debris removal, and mitigation of the site will be required to comply with all applicable local,
state, and federal environmental regulations.
The proposed PNC Bank is designed as a one (1)-story structure and includes an elevated
atrium tower to provide mass in the architectural design of the building.The project will
include a highly engineered design that meets the green building standards of a LEED
(Leadership in Energy and Environmental Design) Volume Certification Program specifically
tailored for new construction of retail buildings. The plans indicate that the building
components would inter-relate with others to maximize energy performance, minimize solar
393 of 426
heat gain, and harvest natural daylight to reduce the electrical load. The City encourages
LEED design and construction through expedited permitting for this type of project in
accordance with Ordinance 09-24.
The Development Application Review Team (DART) has reviewed this request for a new site plan and
recommends approval contingent upon satisfying all staff recommended conditions of approval. The
Planning and Development Board has also reviewed this request and forwards it with a recommendation of
approval contingent upon satisfying all staff recommended conditions of approval as revised to reflect that a
condition has been satisfied; to allow alternative sewer design; and to allow for the desired LED lighting (in
lieu of the recommended metal halide lighting) consistent with LEED standards.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: The proposed project would provide jobs for approximately 10-15 employees
ISCAL MPACT
and have a total building area of 3,300 square feet. Based on the above figure, the annual ad
valorem tax revenue for the city is estimated to be $9,217. The estimated additional annual
revenues would include business tax at $368; fire assessment, $528; fire inspection fee, $66;
and water, sewer and stormwater fees, $1572; for a total projected annual revenue impact of
$11,751.
The refuse collection fee is difficult to estimate at this time. The other PNC bank in the City
pays $97 per month ($1,164 annually). The fees may differ significantly among the
businesses.
COST: As already indicated, the necessary services for the property can be provided with the
existing capacity of the respective city departments providing these services: no additional
capital outlays or increased staffing would be required. The increase in the operating costs
has not been estimated as it is deemed to be negligible.
A: Approve the request, approve the request with conditions, or deny the request.
LTERNATIVES
394 of 426
395 of 426
396 of 426
EXHIBIT “C” – CONDITIONS OF APPROVAL
Project Name: PNC Bank
File number: NWSP 11-001
nd
Reference: 2 review plans identified as a New Site Plan with a June 7, 2011 Planning and Zoning
Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING DIVISION
Comments:
1. Comments #25 and #26 on attached standard comments form are not
satisfied; two (2) fire hydrants will need to be added. Suggest one off
of North Federal Highway (the 6” w.m.) to the northwest of proposed
building, and one off of Woolbright Road (the 12” w.m.) to the X
southeast of proposed building. Please coordinate this with the
Utilities Department.
2. Proposed grinder station to be approved by Utilities Department
(Chris Roschek, Engineering Manager (561-742-6413), noted in two X
(2) places on sheet C-9, not the Engineering Division.
FIRE
Comments:
3. No comments at this time. Any issues will be addressed in Plan
Review during the Building Permit process. X
POLICE
Comments:
4. Construction sites Conditions of Approval: Prior to the first building
permit, the applicant shall prepare a construction side security and
management plan for approval by the City’s Police Department X
CPTED official.
5. Security measures at a construction site are determined after a
security survey is conducted using the following procedures:
a. One (1) staging area, to store equipment and park machinery,
must be fenced.
b. The staging area must be visible from an accessible roadway to X
allow effective police patrol.
c. Lighting must be provided to allow complete visibility to the area.
d. Approved padlock for all storage trailers and equipment trailers
and park within staging area.
6. Banks should include the following security needs:
a. Height markers at main exit doors.
397 of 426
DEPARTMENTS
INCLUDE REJECT
b. For potential criminal activity detection, a high resolution color X
digital video camera system with monitoring and photo processing
capabilities shall be installed above exit doors, teller counters, and
drive-thru lanes.
c. Installation of money lever switches within teller cash drawers that
will activate system in emergency situations.
d. ATM shall comply with F.S.S. 655-965 relating to Automated
Teller Machines:
e. Shall be visible from roadway
f. Shall not be obscured by any landscaping or other fixed object
that would prevent clear visibility.
g. Shall install high resolution color digital video camera system.
h. High illumination of ATM and walkway leading to and from it.
Lighting should be positioned so as not to cause glare of video
recording.
i. Install and strategically place a convex mirror to allow operator of
ATM to identify any approaching person(s) and/or potential
suspect.
j. Drive-thru should provide signage stating one-way only.
7. All lighting shall be metal halide.
a. Landscaping shall not conflict with lighting.
b. Canopy trees are not to be located within the area of security
lighting or light poles. X
c. Entry signage should be lighted.
d. Building lighting (non-glare) should be around perimeter of all
sides and on pedestrian sidewalk.
8. Landscaping should not obstruct view from doors, windows, or
walkways. X
BUILDING DIVISION
Comments: None (all previous comments have been addressed).
PARKS AND RECREATION
Comments: None.
FORESTER/ENVIRONMENTALIST
Comments:
9. The Landscape Architect should amend the “Existing Trees
Disposition Chart” on sheet LD-1 to indicate the following: Trees 1-5
(5 trees) and trees 9-15 (7 trees) should be preserved in place on site X
(not removed).
10. The Landscape Architect should amend the “Existing Trees
Disposition Chart” on sheet LD-1 to indicate the following: Trees 7-8 X
to be removed. (2 trees, 54” DBH inches total) are required to be
replaced (mitigated) on the site with an equal number of diameter
inches. The replacement trees should be shown with a separate
398 of 426
DEPARTMENTS
INCLUDE REJECT
symbol on the landscape plan sheet LP-1 (Environmental
Regulations, Chapter 7.5, Article I. Section 3.C. of the LDR).
11. Add a note to the Landscape Plan that indicates “all utility boxes or
structures (not currently known or shown on the plan) shall be X
screened with a Cocoplum hedge on three sides”.
12. There was no irrigation plan submitted with the landscape plan. An
irrigation plan will be required to be submitted for review and approval X
at the time of permitting.
PLANNING AND ZONING
Comments:
13. Revise plans at time of permitting to depict plant material a minimum
of one-half the wall height of the CBS enclosure required to screen
the proposed lift station. Also, plant material on the south wall side of X
the lift station other than the man gate entry. The gate should be
designed to restrict view into the lift station compound.
14. Revise plans at time of permitting to include additional architectural
enhancements to exterior building elevations to add visual interest
and variety and prevent a monotonous façades per the Community
Design Standards (Ch. 4, Art III, Sec. 3.A. of the LDR). Staff X
suggests utilizing decorative medallions or other architectural features
consistent with surrounding commercial buildings.
15. The north and east elevations on Sheet A02 do not appear to match
those on A07 and A08. Please indicate which are correct, then X
modify all to match at time of permitting.
16. Revise site plan at time of permitting to include a detail of garbage
can storage area screening. X
17. Revise plans at time of permitting to plant more areas of the site with
landscape material to eliminate the smaller areas of sod, to reduce X
irrigation demand. Substitute hardy groundcovers and shrubs in
place of the sod.
18. At time of permitting, revise landscape plan to provide additional
landscape material for the screening of the drive-through center in
accordance with Chapter 4, Article II, Section 6.D. of the Land
Development Regulations. Staff recommends (as part of the added X
landscaping) that the proposed Gumbo Limbo tree (partially
deciduous) be replaced with a canopy tree that will provide better
screening of the drive-through center from Woolbright Road.
19. Label buffer wall on both site plan and landscape plan.
X
399 of 426
DEPARTMENTS
INCLUDE REJECT
20. Additional landscaping and greater height of landscape material
(understory plant material needs to be between the knee wall height
and tree canopy height) should be utilized in the south landscape X
buffer along Woolbright Road and the west landscape buffer along
Federal Highway, to minimize the view of the drive-through operation.
21. Provide a sign detail for proposed monument sign that includes sign
dimensions, height, and total proposed sign face area, color, and X
font/logo.
22. Provide details of all other proposed signage on building and wall,
including sign dimensions, font, colors, and sign face area per sign. X
23. The base of the monument signs should be totally surrounded and
enhanced with colorful groundcover and a minimum of two (2) colorful X
shrub species.
24. All monument signs shall clearly indicate the project street address at
the top of the sign. X
25. All proposed signage would be required to comply with the applicable
sign regulations and be consistent with the community design
standards of the Land Development Regulations. Preliminary sign X
details submitted will be required to be revised at time of permitting to
comply with the monument sign face area maximum and include all
sign calculations.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
Reject condition #1 (condition has been satisfied). X
Amend condition #2 as follows to include alternative sewer design:
2. Proposed grinder station or proposed gravity sewer connection to the
Bermuda Cay property to be approved by Utilities Department (Chris X
Roschek, Engineering Manager (561-742-6413), noted in two (2)
places on sheet C-9, not the Engineering Division.
Amend condition #7 to include revisions made to the new Green Building
Program table 405.2 and 405.3 and to allow LED lighting consistent with
LEED standards:
7. All exterior lighting shall comply with the requirements of the Green
Building Program Table 405.2 and 405.3 for the exterior lighting X
appropriate to the building site. It is recommended that “Automatic
Lighting Reduction Requirements” shall be established after which
total outdoor lighting lumens shall be reduced by at least 30% except
where code requires lighting for stairs, walkways, and building
entrances. We recommend the use of LED lighting vs. Metal Halide
for its Energy Consumption, Rated Life, Environmental
Considerations, Lumen Maintenance and Start/Restrike Time. In
addition to requiring that:
7. All lighting shall be metal halide.
400 of 426
DEPARTMENTS
INCLUDE REJECT
a. Landscaping shall not conflict with lighting.
b. Canopy trees are not to be located within the area of security
lighting or light poles.
c. Entry signage should be lighted.
d. Building lighting (non-glare) should be around perimeter of all
sides and on pedestrian sidewalk.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\PNC Bank – 1520 S Federal Hwy\NWSP 11-001\STAFF REPORT\COA.doc
401 of 426
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: PNC Bank
APPLICANT’S AGENT: Edward M. McDonald, Bohler Engineering
AGENT’S ADDRESS: 1000 Corporate Drive, Suite 250, Fort Lauderdale, FL 33334
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 16, 2011
square f
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 3,300 oot bank
building with detached drive-through and related site improvements on a
0.70 acre parcel zoned C-3 Community Commercial.
LOCATION OF PROPERTY: 1520 S Federal Highway, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit “C” with
notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other ____________________________________________________________
DATED:__________________________ __________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\PNC Bank - 1520 S Federal Hwy\NWSP 11-001\STAFF REPORT\DO.doc
402 of 426
10. A
CITY MANAGER’S REPORT
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Per the request of Mayor Rodriguez, discuss alternatives
EQUESTED CTION BY ITY OMMISSION
to the City's current solid waste collection services.
ER:
Staff has identified the following options for the City Commission’s
XPLANATION OF EQUEST
discussion and consideration:
1. Please see attached letter regarding Waste Management’s proposal to take over the city’s solid
waste collection services.
2. Direct staff to conduct all necessary analyses and develop a bid for solid waste collection services
that will meet the City’s fiscal and level of service needs.
3. Explore the possibility of a piggy-back contract for solid waste collection services from another
similar local government entity, assuming that the piggy-back offers service levels consistent with
current City solid waste programs.
4. Allow the Financial Advisory Committee to evaluate the potential to utilize private solid waste
collection services for fiscal year 2012/13, as discussed at the July 2011 Budget Workshop.
5. Maintain existing services without further review.
H? .
To be determined
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
To be determined.
ISCAL MPACT
A:
Options 1-5 listed above.
LTERNATIVES
403 of 426
404 of 426
10. B
CITY MANAGER’S REPORT
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Per the request of Mayor Rodriguez, discuss
EQUESTED CTION BY ITY OMMISSION
compensation for the Interim City Manager commensurate with the duties and responsibilities being
performed. Adjust salary to $140,000.
ER: The Mayor has requested that this item regarding compensation
XPLANATION OF EQUEST
for the Interim City Manager be placed on the August 16, 2011 City Commission meeting for
discussion.
H? To be determined.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: To be determined.
ISCAL MPACT
A: Not to allow discussion.
LTERNATIVES
405 of 426
10. C
CITY MANAGER’S REPORT
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Policy input from City Commission regarding a proposed
EQUESTED CTION BY ITY OMMISSION
grant of parking incentives for prospective tenant of Quantum Park
ER: The City has been contacted by a commercial Real Estate Broker
XPLANATION OF EQUEST
who represents the interest of a prospective tenant of Quantum Park who desires to relocate a
call center business to the City. The prospective office space to be occupied by the tenant
does not have sufficient on-site parking to accommodate the business. The property is in
close proximity to an undeveloped City park site where up to 200 surface parking spaces can
be accommodated. The proposed business transaction would require the tenant to construct
the necessary parking spaces and the City to lease 180 of those spaces to the tenant for $1.00
per year. The tenant or landlord would be responsible for maintenance of the parking spaces.
Ordinarily, a more developed Letter of Intent or draft Agreement would be provided to the City
Commission to serve as the basis for discussion. The interested parties are looking for the
earliest possible commitment from the City that the proposal will meet with City Commission
approval. The use of property otherwise designated for park use, albeit property that would
otherwise be used for parking for the park, is a novel suggestion which requires Commission
policy input. Of equal importance, is the proximity of the proposed parking area to the
Parkside Condominiums. The importance of the input from adjacent residential property
owners cannot be minimized.
Staff seeks policy input from the City Commission prior to expending time and resources to
formalize a business relationship of this nature. If the Commission is interested in the concept,
a timeline can be developed that balances the needs of the prospective tenant with the needs
of providing public notice and opportunity for input to both the nearby residents and other
business interests in the Quantum Park area.
406 of 426
Staff will be prepared to provide a preliminary overview and the prospective tenants
representatives will also be in attendance at the Commission meeting to add more substance
to this generalized overview.
H? Undetermined. This review is conceptual.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: Undetermined.
ISCAL MPACT
A: Unknown.
LTERNATIVES
407 of 426
11. A
UNFINISHED BUSINESS
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Discuss options for Veteran's Park on Ocean Avenue
EQUESTED CTION BY ITY OMMISSION
optimizing the site and making it a more desirable destination point
ER: At the June 21, 2011 City Commission meeting, staff was directed
XPLANATION OF EQUEST
to collaborate with the CRA and Recreation and Parks Advisory Board to bring back to the
Commission options for park enhancement or redevelopment for the Ocean Avenue Veteran’s
Park.
Pursuant to discussions with CRA staff and the Rec. & Parks Advisory Board, it is staff’s
recommendation that the parcel currently known as Veteran’s Park not be considered for
redevelopment. There is ample opportunity for development throughout the surrounding CRA
district and it would be in the best interest of the city’s residents, business owners and visitors
to maintain Veteran’s Park as valuable existing “green space.”
Instead, staff recommends that the park be enhanced to create a more attractive destination
point, possibly working in collaboration with the CRA to “pump new life” into the green space.
As the Ocean Avenue corridor continues to be developed through the efforts of the CRA, city
staff needs to take into consideration the Downtown Redevelopment Plan. It is the intent to
create a transit and pedestrian friendly corridor along Ocean Avenue, anchored at the east end
with a pedestrian retail hub. Residents and visitors will be encouraged to stroll along Ocean
Avenue towards Seacrest Blvd. where cultural and leisure activities can be enjoyed at the
Schoolhouse Children’s Museum and Civic Center, viewing the Arts on the Avenue and
stopping at quaint restaurants along the way. Veteran’s Park becomes a destination location
where pedestrians can rest, visit and enjoy the shade.
408 of 426
A preliminary concept for park enhancement has already been created by CRA staff. The
basic theme of the concept is “sea life illumination”, which would incorporate the theme
currently being implemented at the Marina site on east Ocean Avenue. Enhancements would
involve bringing ornamental outdoor lighting to the park, making it brighter, safer and more
attractive. The lighting would also help create a more nautical/marina theme, which would
then provide some continuity in concept between the two portions of Ocean Avenue divided by
Federal Hwy. Along with renaming of the park, this would also provide much needed
distinction between this site and Veteran’s Bicentennial Park on Federal Highway.
H? Enhancement and renaming of Veteran’s
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Park would create another desirable destination location along the Ocean Avenue Corridor and
provide needed green space that creates a continuation of shaded tree canopy as pedestrians
move along the corridor.
FI: To be determined based upon Board approval and CRA Budget.
ISCAL MPACT
A: Not to accept staff recommendation.
LTERNATIVES
409 of 426
11. B
UNFINISHED BUSINESS
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Discussion regarding a City Commission appointed
EQUESTED CTION BY ITY OMMISSION
Community Redevelopment Agency (CRA) Board
ER: Commissioner Holzman has requested this item be placed on the
XPLANATION OF EQUEST
agenda for discussion to “re-start” the process for the appointment of a volunteer Community
Redevelopment Agency (CRA) Board by the City Commission.
Attached you will find the February 1, 2011 agenda item and minutes regarding the last action
taken by the Commission (appointment of two additional members to the existing Board).
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
410 of 426
411 of 426
412 of 426
413 of 426
414 of 426
415 of 426
416 of 426
417 of 426
13. A
LEGAL
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC: PROPOSED RESOLUTION NO. R11-088 - (1)Authorize
EQUESTED CTION BY ITY OMMISSION
and direct staff to prepare for the financing of various capital projects with Utility System Revenue Bonds
in the approximate amount of $20,000,000, (2) authorize the negotiated sale of the bonds through a
public bond issuance with RBC Capital Markets serving as the underwriter subject to City Commission
approval of a contract between the City and RBC Capital Markets, and (3) express the intent to
reimburse capital expenditures incurred prior to the issuance of the bonds with bond proceeds.
ER: City staff from the Utility and Finance Departments has taken initial
XPLANATION OF EQUEST
steps preparing for the issuance of bonds to finance large water, sewer and storm water
projects over the next two years; FY 2011-12 and FY 2012-13.
Engineering consultant, CH2M Hill has updated and completed a Rate Study that is necessary
to determine the water, sewer and storm water rates needed to raise sufficient revenues to
support existing Utility operations plus the added debt service to repay the bonds and interest.
Financial Advisor, PFM is beginning to work with staff regarding initial reviews of the Rate
Study as to its sufficiency to support the bond sale. In addition, they will serve as a consultant
to advise us and the Bond Underwriter on timing and structure of the bond issuance
Bond Underwriter, RBC Capital Markets has provided initial debt structures and interest rates
to utilize with the Rate Study. They will recommend a final structure, purchase the bonds from
the City and market them nationally and locally to institutional and individual investors.
Bond Counsel, Mark E. Raymond, serves as legal counsel regarding the bond issuance
working with both the City Attorney’s Office and the Finance Department.
418 of 426
H? Issuance of the bonds will allow the Utility
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Department to advance its Capital Improvement Plan. Bond proceeds will finance both
improvement as well as renewal and replacement projects. Projects funded with the bond
proceeds include Seacrest Corridor Neighborhood Improvements, sewer pipeline rehabilitation
in various neighborhood locations, water reuse distribution system, East Plant rehabilitation,
and ion exchange projects.
FI: Depending on market conditions at the time of issuing the bonds, the City’s
ISCAL MPACT
Utility Department could incur interest of approximately $1,000,000 in the first year after the
bonds are issued, but declining as the bonds are repaid. The additional debt service (principal
and interest) requirement will be paid with an increase in water and sewer rates of
approximately 2% in FY 2011-12 and 3% thereafter.
A: Not issuing the bonds will mean not undertaking the projects.
LTERNATIVES
419 of 426
RESOLUTION NO. R11-___
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AUTHORIZING AND DIRECTING
STAFF TO PREPARE FOR FINANCING OF VARIOUS CAPITAL
PROJECTS FOR THE UTILITY SYSTEM OF THE CITY;
SELECTING RBC CAPITAL MARKETS, LLC AS
UNDERWRITER OF THE POTENTIAL 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.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2:
City staff and consultants are directed to prepare for issuance by the City of
revenue bonds (the "Bonds") to finance various capital projects of the water, wastewater and stormwater
utility system of the City. At the appropriate time, staff shall present this matter to the City Commission
for further consideration.
Section 3
: If it is deemed to be in the best interest of the City to accomplish the financing
through a public bond issuance, then RBC Capital Markets, LLC shall serve as underwriter of the
proposed bond issue, subject to approval by the City Commission of an acceptable contract between the
City and RBC Capital Markets, LLC prior to the issuance of the Bonds.
Section 4
: The City reasonably expects to incur capital expenditures with respect to the
City's utility systems prior to the issuance of the Bonds, and reasonably expects to reimburse such
original expenditures with proceeds of the Bonds in the maximum principal amount of $20,000,000.00.
This does not obligate the City to issue any Bonds or complete any form of financing or to reimburse
any such expenditures.
Section 5:
This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED
this ___ day of August, 2011.
CITY OF BOYNTON BEACH, FLORIDA
420 of 426
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
ATTEST: Commissioner – Marlene Ross
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
421 of 426
14. A
FUTURE AGENDA ITEMS
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:City Manager Search - 10/04/11
EQUESTED CTION BY ITY OMMISSION
ER: As a follow-up to the June 21, 2011 City Commission meeting, staff
XPLANATION OF EQUEST
will bring back to Commission a recommended process for a City Manager search. This will
include job description and qualifications, profile of the City and the ideal candidate, application
screening options and suggested timeline.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
422 of 426
14. B
FUTURE AGENDA ITEMS
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Follow-up to City/CRA workshop - 9/06/11
EQUESTED CTION BY ITY OMMISSION
ER: As a follow-up to the May 17, 2011 Commission meeting, staff will
XPLANATION OF EQUEST
bring back to the Commission updated funding estimates for options 1a and 1b which included
relocating the Police Department to either the High Ridge Road site or East Seacrest Blvd.
Staff will also provide land values on city owned property available for sale. Staff has been
informed the appraisal work will be complete by mid-August, hence the 9/6/11 report date to
the Commission.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
423 of 426
14. C
FUTURE AGENDA ITEMS
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Revisions to restrictions for vehicle size in residential
EQUESTED CTION BY ITY OMMISSION
districts - 09/06/11
ER: Development staff will provide draft ordinance revisions for
XPLANATION OF EQUEST
consideration by the City Commission regarding restrictions for vehicle size in residential
districts.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
424 of 426
14. D
FUTURE AGENDA ITEMS
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Recommendation from the “review committee” to rename
EQUESTED CTION BY ITY OMMISSION
the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD
ER: This item was tabled at the June 21, 2011 City Commission
XPLANATION OF EQUEST
meeting. Staff recommends that this item remain tabled pending the conclusion of litigation concerning
the Rahming and Williams families.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
425 of 426
14. E
FUTURE AGENDA ITEMS
August 16, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: August 16, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Discussion of a proposed committee to be assigned to
EQUESTED CTION BY ITY OMMISSION
explore a Green Market for the City of Boynton Beach in 2011 - TBD
ER: The City Commission originally discussed this matter at the
XPLANATION OF EQUEST
November 16, 2010 meeting. Subsequently, the CRA Board discussed a Green Market
th
Program outlined at their meeting of December 14. The CRA Board authorized the use of a
consultant for a limited feasibility study with active participation of City and CRA staff in data
gathering and discussion.
H? Unknown at this time.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: Comparative costs and funding sources of the West Palm Beach, Lake Worth
ISCAL MPACT
and Port St. Lucie Green Markets should be obtained.
A: Information
LTERNATIVES
426 of 426