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Agenda 02-01-00X-NEW BUSINESS ITEM D Memorandum To: From: Honorable Mayor & City Commission Wilfred J. Hawkins ~ Interim CiW Manges Date: February 1. 2000 Pubhc Comment Card at City Commission Meetings Attached is the .former Public Comment Form that was used prior to April 1991, when it was discontinued by of the City Commission. At the beginning of City Commission meetings the Mayor or City Clerk would armounce that any person wishing to speak at Public Audience must fill out the comment card and turn it over to the City Clerk. This would then allow them to be called upon to speak. The cards were made available to the public at the entrance of the Commission Chambers. There were Two types of comment cards: one for items that were listed on the agenda, and one for items that were not listed on the agenda. WJH:jc Attachment X-NEW BUSTNESS ZTEM D PUBLIC COMMENT AT BOYNTON BEACH CITY COMMISSION MEETING FOR ITEMS ON THE AGENDA: - Fill in the information called for belme and give to City Clerk prior to the start of the City Con~tssion Meeting. NAME ADDRESS TELEPHONE # AGENDA # SUMMARY OF HATTER TO BE AODRESSED: HELD IN FLORIDA, MINUTES OF THE REGULAR CITY COMMISSION MEETING COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, TUESDAY, APRIL 2, 1991 AT 6:00 P. M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose' Aguila, Commissioner Lynne Matson, Commissioner J. Scott Miller, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk Mayor Weiner called the meeting to order at 6:00 P. M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Mayor Weiner. AGENDA APPROVAL Agenda Forms Mayor Weiner announced that agenda forms would no longer be necessary. Anyone wanting to speak on an item not on the agenda could 4o so during the "Public Audience" part of the agenda. Mayor Weiner said those people wishing to speak on an item that was on the agenda should raise their hands, and they would be recognized. She added that everyone speaking will be asked to give his or her name, address, and the spelling of his or her last name. Under "VIII, NEW BUSINESS", City Manager Miller added "D. Establishment of an Environmentally Sensitive Lands Acquisi- tion Committee". He explained that the County is setting forth a nine member Committee on this, and the County won- dered whether the Commission wished to nominate anyone from the City. The County needs to know this by April 12, 1991. Commissioner Aguila moved, seconded by Commissioner Matson, to approve the agenda with the addition. Motion carried 4-0. ORGANIZATIONAL MATTERS 1. Resolution No. R91-55 Adoption of Robert's Rules of Order "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE 1990 EDITION OF ROBERT'S RULES OF ORDER NEWLY REVISED (LIBRARY OF CONGRESS CARD NO. ISBN 0673-38734-8) AS OFFICIAL RULES OF ORDER" Commissioner Matson moved, seconded by Commissione~ Aguila, to adopt Resolution NO. R91-55, Robert's Rules of Order. Motion carried 4-0. CITY OF BOYNTON BEACH OFFICE OP THE CITY MANAGER Date May 18, 1990 Gene Moore, Mayor Lee Wische, vice Mayor Bob Olenik, Commissioner AS REQUESTED REMARKS: Arline Weiner, Commissioner Lillian Artis, Commissioner FOR YOUR INFORMATION At the Regular City Commission Meeting of May 15, 1990, the City Commission adopted the following policies for City Commission Meetings: 1. Individuals wishing to speak on Agenda items or during Public Audience must submit the appropriate public comment request form before the Openings portion of the Agenda has been completed. 2. Individuals wishing to speak on Agenda items will be allowed to speak for three uninterrupted minutes at the time the item is discussed. _-.%. Individuals will be permitted to speak for three uninterrupted minutes during Public Audience on items not on the Agenda. 4. Individuals or organizations making presentations to the City Commission will have ten uninterrupted minutes to speak. The presentations may be followed by a period of questions from the City Commission. Sharon Randolph Assistant to the City Manager SR:jc CC: J. Scott Miller, City Manager Carrie Parker, Assistant City Manager Ail Department Heads Cen=ral File February 1, 2000 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.N I. OPENZNGS: Call to Order - Mayor Jerry Broening Invocation - Father Mark Szanyi - Saint Mark Catholic Church Pledge of Allegiance to the Flag led by Mayor Jerry Broening D. Agenda Approval: :1. Additions, Deletions, Corrections 2. Adoption Z'r, ADMINt'STRAT'IVE: A. Accept:..resignation of Harvey E. Oyer, III from the Education Advisory Board B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date IV Tillman Mayor Broening II Denahan III Sherman III Sherman Mayor Broening IV Tillman III Sherman III Sherman Children & Youth Advisory Board Bldg. Board of Adjustment & Appeals Bidg. Board of Adjustment & Appeals Code Compliance Board Community Relations Board Community Relations Board Community Relations Board Education Advisory Board Recreation & Parks Board Alt Alt Alt Alt Reg Alt Alt Reg Alt 1 yr term to 4/00 Table~ (2) i yr term to 4/00 Tabled (2) ! yr term to 4/00 Tabled (2) 3 yr term to 9/00 Tabled (2) 3 yr term to 4/01 Tabled (3) 1 yr term to 4/00 Tabled(2) 1 yr term to 4/00 Tabled (2) 2 yr term to 4/01 1 yr term to 4/00 Tabled (2) ZZl. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: "Breakfast in Boynton & Green Market" - Saturday, February 5, 2000 from 8:00 a.m. to :11:30 a.m. - Library Law~ Agenda Regular City Commission February ~., 2000 Black Awareness Celebration 2000 - Saturday, February 12m from 9:00 a.m. to 12:00 Noon - City/Corporate Challenge at Hester Center (Softball Hitting Challenge) Black Awareness Celebration 2000 - Saturday, FebrUary 12TM @ 12:00 Noon - Mildred Walker Youth Recognition Luncheon at Holiday Inn Catalina Black Awareness Celebration 2000 - Saturday, February 12TM from 2:00 p.m. to 5:00 p.m. - City/Corporate Challenge at Hester Center (Golf Oosest to the Pin Challenge) Black Awareness Celebra~on 2000 - Sunday, Februa~ry 13~ from 2:00 p.m. to 5:00 p.m. - City/Corporate Challenge at Hester Center (Basketball Shootout Challenge) Black Awareness Celebration 2000 - Sunday, February 13m from 3:00 ~-~p.m. to 6:00 p.m. - Gospel-O-Rama at the Civic Center B. Presentations: 1. Proclamations: None Presentation of Plaques of Appreciation by Octavia Sherred, Community Development Manager, to Quail Run Women's Organization and Men's Club for donations of holiday gift food baskets to needy families at Thanksgiving and Christmas [V. CONSENTAGENDA: Matters in this section of the Agenda are proposed and recommended ~)y the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments, A. Minutes: Agenda Preview Conference - .lanuary 13, 2000 Greenways Workshop of January 13, 2000 Regular City Commission Meeting of January 18, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Agenda Regular City Commission February 1, 2000 Approve the piggyback purchase of a FRONT-LOADING REFUSE COLLELIION VEHICLE utilizing the City of Lake Park.Bid awarded to rVlcClain E-Z Pack, Inc,, at a cost of $138,834 Award the 'ANNUAL BID FQR PREPARATION AND PAIN'i-[NG OF WATER AND WASTEWATER PIPELINES (ABOVE GRADE)" to CEM Enterprises D/B/A Sunshine Paint, in the amount of $33,234.50 and $4.00 per square foot for any additional WOrk Award the "ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 R~GAT~ON SUPPI TES to various vendors on a or-by-lot basis with an estimated annual expenditure of $30,000 Renew the b d for a one-y!ear ex'tens on for "BEVERAGE AND FOOD CONCESS]~ONAIRES FOR THE GREAT AHERICAN LOVE AFFAIR (G.A.LA.) AND CULTURAL FE$1WAL 2000' to Kiwanis Club of Boynton Beach, Florida for the Beverage portion and San Francisco Puffs & Stuff, Inc. of .Ft. Lauderdale, Florida for the Food portion with an income of $14,600 ? Award the bid for "SOUTH CONGRESS AVENUE MEDIANS #S-ll - #S-18 LANDSCAPE AND IRRIGATION (PHASE #5 - i999) TO siga, Inc. in the amount of $104,904 Resolutions: None None Approval of Bills Approve payment of invoices for annual software technical support and maintenance from H.T.E., Inc. of Lake Nary, Florida, in the amount of $16,980 for the pedod of January 1, 2000 through December 31, 2000 for Activity Registration ($2,222), AS400 Support Lines and PC Network Support Lines ($13,585) and Cognos Impromptu Adn~; & Enter ($1,173) Authorize an agreement with CDN Engineers & Constructors, Inc. for the construction of the Downtown Stormwater Retention Pond (Pond "B'~ using a "CM at Risk" Contract Approve agreement with The Community Foundation for Palm Beach and Martin Counties, ]~nc. for the award of a $10,000 Planning Grant for the Black Awareness Events Approve staff request for reallocation of budgeted capital improvement dollars To fund the expanded Hester Center Breezeway Construction Project, and authorize Agenda Regular Cty Commission February :1~ 2000 staff to prepare an interlocal agreement with Palm Beach County to accept $200,000 grant funding toward this project. (This is a grant-based reimbursable expenditure.) CITY MANAGER'S REPORT: VI, PUBLZC AUDZENCE: TNDZV~DUAL SPEAKERS WZLL BE I.ZMZTED TO 3-MZNUTE PRESENTAT'~ONS VZZ. PUBLZC HEARZNG: 7:00 P.M, OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. Project Name: WalWMart POSTPONED AT APPLTCANT'S REQUEST TO FEBRUARY 15TH Agent:/ Location: Description: VZ'~Z. BIDS: B, Project Name: Agent: Location: DescripUon: 3. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, [nc. Northwest comer of Winchester Park Boulevard & Boynton Beach Boulevard Request for abandonment of two (2) segments of special purpose easement rights-of way totaling approximately 0.5 acres Wal. Mart POSTPONED AT APPLZCANT'S REQUEST TO FEBRUARY 15TH .]. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Inc. Northwest corner of Winchester Park Boulevard & Boynton Beach Boulevard Request for abandonmel~t of ~hree (3) segments of street dghts- of way totaling O.13 acres None ~X. DEVELOPMENT PLANS: A. Ratification of Planning & Development Board Action: Berry Veal (1421 Neptune Drive) - Request to amend the M-1 zoning district regulations, Sections 8.A.3.a(5) and 8.A.4.e to allow as a conditional use the cutting of sub-primal portions of meat and pre-cut poultry into serving portions, including packaging and shipping, and to clarify the list of prohibited uses Agenda Regular City Commission February 1~ 2000 ~oaVid Ch~afin (640 NE 15m Place) - Request for re ef from Chapter 2. ning, bection 5 (C) (2)(a), requiring a minimum rear setback of 25' to allow a 9.5' rear variance, or a rear setback of 15.5' to construc~ an addition to a single-family home Sammy Berry Building (110 Martin Luther King, .lt. Boulevard) - Request relief from Chapter 2, Zoning, Section 6(B)(3) requiring a minimum side setback of 15' to allow a 10' variance, or a 5' side setback Sammy Berry Building (110 Martin Luther King, .]r. Boulevard) - Request relief f~om ChaPter 2, Z~ning, Sect on 6(B)(3) requirin~ amin mum front setback of a 30 foot reduction or setback of Zero feet Sammy Berry Building (110 Martin Luther K ng, .lr. Bou evard) - Request relief f~om Chapt~e,r 23, Parking Lots, Article II(H)(3) requiring a minimum Sep. aration Of 180 between a driveway and intersection to allow a 28 foot var ance or separation of 152' NEW BUSZNESS: Request for funding from Boynton Beach Faith Based Community Development Corporation (TABLED ON ~EBRUARV.~'r) Schedule Special City Commission Meeting before CRA Meeting on Wednesday, February 9, 2000 for election matters 4 Reconsideration of Resolution No. R99-166 regarding the contract for purchase and sale of real property between the C ty of Boynton Beach and the Town of Ocean Ridge and Resolution No. R99-167 regarding an Interocal Agreement between the City of B0ynton Beach and the Town of Ocean Ridge providing for cooperation between the parties concerning tl~'e use of the Boynton Beach Oceanfront Park and the parking facilities at the Ocean Ridge Town Hall D. Discussion on Public Meeting Procedures LEGAL: A. Ordinances - 2~ Reading - PUBLIC HEARING None 8. Ordinances - 1~ Reading None Resolutions: Agenda Regular City Commission February 1, 2000 XII, None D, Other: None UNFINISHED BUSINESS: A. Review and Consideration of the pre-application(s) received, for submitta to Palm Beach County, Department of Economic Development, under the Round III COre Grant Program (TABLED TO F~Bt~UAR~.~Sru) B. Close Out Procedure for Interviewing and Hiring City Manager XZI~ OTHER: r XIV, ADJOURNMENT: NOT[CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WTTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEE'r~NG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSEj HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS HADE, WHICH RECORD INCLUDES THE TESTIMONY AND ---V~DENCE JPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286,0105) THE CTTY SHALL FURNISH APPROPR]ATE AUXILIARY AZDS AND SERVICES WHERE NECESSARy TO AFFORD AN IND~/IDUAL WTrH A DISABILZTY AN EQUAL OPPORTUN]'~f TO PAET[CZPATE IN AND ENJOy THE BENEF[TS OF A SERVZCE, PROGRAH, OR ACT~/~'Y CONDUCTED BY THE C~TY. PLEASE CONTACT ]OYCE CO~rEU.O, (56~[) 742=6013 AT LEAb-F TWENI'Y-FOUR HOURS PP~OR TO 'D4E PROGRAH OR AC'T~vTr~ [N ORDER FOR THE ~ TO REASONABLY ACCOMMOOATE YOUR REQUEST. FINAL AGENDA- 02/0t/2000 8:02 AM J :\SHRDATA\CC\WP\CCAGENDA\AGENDAS\020100.DOC JMP Requested City Commission Meeting Dates [] November16, I999 Z December7, I999 [~ December 21.1999 '-~ Janua[y4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 3. 1999 (5:00 p.m./ November 17. 1999 (5:00 p.m. December 8, 1999 (5:00 p.m.) December 22. I999 (5:00 p.m.) Requested Ci~ Comrcfissiou Meeting Dates [] January 18.2000 [] Febmary 1,2000 [] Februar3 [5.2000 [] March 7. 2000 II-ADMINISTRATIVE ITEbl A Dale Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.i January I9, 2000 (5:00 p.m. Febxuary 2, 2000 (5:00 p.m. February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Busmess [] Announcement [] Presentation RECONEVIENDATION: EXPLANATION: Motion to accept resignation of Harvey E. Oyer, HI from the Education Advisory Board. Mr. Oyer was a Regular member whose termexpires in April 2001. Mr. Oyer submitted a letter of resignation stating his ineligibility to serve since he is no longer a resident of the City. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Sue ~se, CMC/AAE City ~[am[ger'h Signature City Clerk's Office City Attorney / Finance / Human Resources S:\BULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC GUNSTER. YOAKLEY. VALDES-FAULI ~,T STEWART. EA. ATTORNEYS AT LAW Writer's Direct Dial Number.' 561.650.0533 Writer's E-Mail Address: hover{D, gunster, com January 18, 2000 Sue Kruse, City Clerk City of Boynton Beach P.O Box 3t0 Boynton Beach, Florida 33425 Re: Education Advisory Board Dear Ms. Kruse: This letter is to serve as notice that I have recently moved from Boynton Beach to West Palm Beach and, therefore, am no longer eligible to serve the City as a member of the Education Advisory Board. [ enjoyed my service to the City in this capacity and regret that I will no longer be able to serve in this role. I hope that the City Commission is able to find a replacement in short order, so that the important business of the Advisory Board is not delayed. If you have any questions, please do not hesitate to contact me. Sincerely, Harvey E. Oyer, III, Esq. HEO/lmc cc: Virginia Farace 472037.1 Phillips Pomt 777 South Flagler Drive. Suite 500 East · West Palm Beach FL 33401 (561 655-1980 Fax 561 655-5677 e-mail: clientservice$@gunster corn ht tp://v~ w. gunsre r corn 11*-ANNOUNCEMENTS & PRESENTATZONS 1TEM B-2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Turned Reauested City Commission in to City Clerk's Office Commission Meefinc Dates Meeting3 Dates Date Final Form Must be Turned in to Cib, Clerk's Office [] November16.1999 November3.1999 (5:00p.m.) [] January18.2000 January 5, 2000 (5:00 p.m.) [] December 7. 1999 November 17, 1999 (5:00 p.m.) [] February 1. 2000 January 19, 2000 (5:00 p.m.) [] December 21. 1999 December 8. 1999 (5:00 p.m.) [] February 15, 2000 February 2, 2000 (5:00 P.m.) [] January 4, 2000 December 22. 1999 [5:00 p.m.) [] March 7. 2000 February 16, 2000 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Presentation of Plaques of Appreciation from the City of Boynton Beach to the Quail Run Women's Organization and Men's Club for their generous donations of holiday gift fooo baskets at Thanksgiving and Christmas for the benefit of families in need within the community. EXPLANATION: The Division of Community Redevelopment was contacted by representatives of these organizations who expressed their desire to make a difference in the lives to underprivileged citizens of Boynton Beach. PROGRAM IMPACT: Representatives from both organizations delivered to City Halt at total of sixteen (16) holiday baskets of food, four (4) at Thanksgiving and twelve (12) at Christmas. This division selected families that were most deserving of this gift that were among the elderty and/or Iow incomes. At each house, delivery was greeted with [hank-yous and in some cases, tears. Recipients included five (5) widow/widowers, some with dependant grandchildren, four (4) elderly couples with no close family and three (3~ families with numerous children and limited funds. FISCAL IMPACT: Sixteen families in our community enjoyed' being home for the holidays and were able to enjoy a delicious home cooked meal thanks to the generosity of the Quail Run Men' and Women's CluDs, at no cost to themselves or the City of Boynton Beach. ALTERNATIVES: None. Q,~us ~re~n Director'of Development Cit~Manager's Signature City Attorney / Finance i Human Resources Requested City Commission Meetine Dates [] November 16. 1999 [] December7. 1999 [] December21, 1999 [] January 4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tamed in to City Clerk's Office November 3, 1999 (5:00 p.m.) November 17. i999 (5:00p.r0~) December 8, 1999 t~:00 p.m.) December 22.1999 (5:00 p.rr~) Requested City Commission Meeting Dates [] January 18, 2000 [] February K 2000 [] Febraary 15. 2000 [] March 7, 2000 IV-CONSENT AGENDA ITEM B.1 Date Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.) January I9, 2000/5:00 p.m0 February 2, 2000 (5:00 p.m3, Febrmtry 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Aclmin/strative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation RECOMMENDATION: MOTION to approve the "PIGGY-BACK" purchase of a FRONT LOADING REFUSE COLLECTION VEttICLE utilizing the CITY OF LAKE PARK BID awarded to McCLAI-N E-Z PACK, [NC. at a cost of $138,834. EXPLANATION: Procurement Services received a request from PUBLIC WORICq/FLEET MAINTENANCE DIVISION to "PIGGY-BACK" the CITY OF LAKE PARK BID awarded to MeCLAIN E-Z PACK, INC. for the purchase of a FRONT LOADING REFUSE COLI,ECTION VEHICLE in the mount of $138,834. 13/s will replace vehicle #85 currently in use with the Solid Waste Division of the Public Works Department. Procurement Servi6es requests Commission's review, evaluation and "piggy-back" purchase approval. PROGRAM IMPACT: Allows sc ~heduled replacement of vehicle in a tLmely manner. FISCAL IMPACT: On January 4, ;2000 the Commission approved additional funding in the mount of $701,000 in the FY1999/00 Budget for vehicle replacement This purchase relates to those additional vehicles to be replaced with this funding. ALTERNATIVES: A~ alternative would be to have the City prepare the specifications and process the/r own formal Bid for the purchase which would delay the purchase and would not guaranteed a better price than the piggy-hack. Deputy Director of Financial Services ~ity Manager's Signature Procurement Services Department Name BMA: cc: Diane Reese - Finance Chris Roberts - Public Works Bob Lee - Fleet Maintenance Mary/Hoyt- Finance File S:~BULLET1N~FORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney Finance / Human Resources PUB LIC WORKS MEMORANDUM #00-009 TO: Bill Atkins, Deputy Director of Finance From: Robert H. Lee, Fleet Administrator Thru: Chris Roberts; Interim PUblic VCovkS Director Sul~j: Purchase of Front Loading Refuse Truck Date: January 13s 2000 At the City of Boynton Beach Commission meeting on January 4, 2000, the consent agenda referenced the purchase of 15 additional fleet'resources in the amount of $701,.000.00. The consent agenda was approved. One of these resources is a Front Loading Refuse Collection vehicle. The new vehicle will replace unit #85 currently in use with the Solid Waste Division of the Public Works Department. We currently have a purchase order issued to McClain E-Z Pack, Inc. in the amount of $416,502.00 for three new front loaders. This vendor has extended the price of $138,834.00 for an additional unit. The funds are available in account. #501,2516-519,64-31. Would you please process a City Commission consent agenda request for approval of this purchase. 382f Thomas Street Hollywood, FI. 33021 phone 9S4 ~6 3298 fa~ gS4 9~, 8474 October 27. 1999 Mr. Larry Quinn Assistant Public Works Director 222 N.E. 9% Avenue Boynton Beach, Florida 33425-0310 Dear Larry; In response to our conversation regarding a bid for a Mack Chassis, equipped with an Easy-Pack Hercules 40 cubic yard front loader packer body. I am pleased to advise you that we were the successfutl bidder at lake Park Florida for two such units. The bid price before b'ades was $140.334.00 each, after contacting the factory, we are ple,3sed to offer the City of Boynton Beach the same pricing for three ur~its. Since no trad~es are involved a quantity discount of $1-,500.00 each is available, making the delivered price, $~TS~:00~b F.O.B.-Boynton Beach. We have stock units available and delivery to Boynton Beach can be made in three to four weeks from receipt of order, should the City decide to favor us with an order.. Attached are copies of the bid and the purchase order from Lake Park to Southland. Should you require further information regarding this, please contact me at once. in e ; Dist~c~Sales Representative. MEMORANDUM TO: Town Manager, Mayor and Town Commission FROM: Brian Sullivan. Assistant Town Manager/Pt~bticLWorks.Director RE: Purchase of Two Front Load Refuse Packe~ Trucks DATE: July 30, !998 On Wednesday June 24. 1998 at I 1:00 A.M. public bids were received and opened for "Two (2) Complete. New and Unused. Late Model. Ih'ant,Load Refuse Packer Trucks {Cab. Ch~sisand Packer Unit/ A tomlofeight bids were received with a pric.e range (including trade-his) from $186.588 to $285.370 for two tracks. Bids were extensively reviewed, paying particular attention to vehicle specifications isgued by the Town. availabil!ty, ofthe~vehicles: warranties and service needs. In reviewing bids submitted for the combination of the cab. chassis and packer unit. il was determh~cdthat although not the lowest bid. the bid submitted by McClain Southland Equipment Corporation for a "Mack Truck" cab and chassis and an "E-Z Pack" packer unit was of superior quality and best met the Towns bid requirements and more importantly, best suited the Towns needs. The most notable' advantages to purchasing the Mac~E-Z Pack combination is [hat the unit exceeds specifications. has a far superi0r.engjne and:has camclback rear suspension ?ather than a Walkh;g beam suspensicm. The proposal also offers one single warranty on tile cab and chassis. Presently thc I'ublic Works Department has been running two Mack/E-Z Pack unit and has been doing so in its Conanercial Sanitat:ionDivision since 1992. I)Orin'g this six ycar period we have had excellent results including availability o£parts and serviceability of the units with very little down time. Because of their dku'ability and excellent maintenance record:, these umts are a standard ill the industry. As our Commercial Sanitatio i [)iv'sion averages $4fi,0tl0 per month revenue. I am extremely msim it to "exper ~ent" wit i u lk iow ~ eqt(gni~nt t:md feel Strong y about sticking with a proven, quality product. Town purchasing polic5 Section 2-102 (h)( I ) allows tile CommisSion tile authority to accept and award a bid suited to be in the bc3t interest and most advantageous to the Town. It is my recommendation that although not the low'cst bkl. we purchase tile MackJE-Z Pack Unit based on tile aforementioned reasons. MEMORANDUM Purchase of the Two Front Load Refuse Packer Trucks Page 2 For your review I have attached the following information: · I Copy ofthe legal advertisement as it appeared in the Palm Beach Post · 2. Bidders List · 3. Bid Summary Sheet Please consider the following recommendation at the August 5, 1998 Commission meeting. RECOMMENDED MOTION(S)/ACTION(S): That the Commission authorize the Town Manager to pumhase Two 1999 Mack Truck, s with E-Z Pack packer units from McClain Southland Equipment Corporation in the combined amount of $224.668 (including trades) with funds to be derived from Sanitation Fund. li~le item 404-66900 of the fiscal 1998/1999 budget. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENT AGENDA ITEM B.2 Requested City Commission Meeting Dates [] November Iff. 1999 Date Final Form Must be Tamed in to City Clerk's Office November 3, 1999 (5:00 p.m.) November 17. 1999 (5:00 p.m.) December 8, 1999 (5:00 p,m.) December 22. 1999 (5:00 p.m.) Requester[ City Comrmssmn 'Meeting Dates [] January 18,2000 [] February 1, 2000 [] March 7, 2000 Date Final Form Must be Turned in to City Clerk's Office Janua~ 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.. February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m3 NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOM3dENDATION: A motion to award the "ANNUAI_ BID FOR PREPARATION AND PAINTING OF WATER AND WASTEWATER PIPELINES (ABOVE GRADE)" to CEM ENTERPRISES D/B/A SUNSHINE PAINT, in the amount of $ 33.234.50 and $4.00 per square foot for any additional work. "ANNUAL BID FOR PREPARATION AND PAINTEqG OF WATER AND WA-STEWATER PIPELINES IABOVE GRADE)" - BID #020-2821-00/SP. The Tabulation Committee recommends an award be made to CEM ENTERPRISES D/B/A/SUNSHINE PAINT of Apopka, Florida, in the amount of $33,234.50 and $4.00 per square foot for any additional work. Procurement Services requests the Commission's review, evaluation, and award approval. EXPLANATION: This bid is for the preparation, sandblasting, and painting of water and wastewater mains that are above grade and attached to bridges or aerial crossings of canals. On December 21, 1999, Procurement Services opened the above mentioned bid and received six (6) bids. The bids ranged from $33,234.50 to $104,860.00 and included unit pricing per additional square foot of unspecified locations. There are thirteen (13) locations specified throughout the service area that are identified in the bid. CEM Enterprises d/b/a Sunshine Paint, was the lowest, most responsible, responsive bidder who meets all specifications. Bob Kenyon, Deputy Utilities Director concurs with this request (see attached Utilities Memo #00-02). PROGRAM IMPACT: The '99-00 Budget approved expenditures up to $50,000.00 for the painting of the pipelines and allowance to do additional pipelines. FISCAL IMPACT: ALTERNATIVES: BUDGET ACCOUNT # Renewal and Replacement/Wastewater 405-5000-590-96.04 BUDGET AMOUNT $ 25,000.00 $ 25,000.00 $50,000.00 Bill Atkins, Deputy Finance Director Procurement Services Department Name CC: Barb Conboy, Utilities Bob Kenyon, Utilities File Date Cit~Manager's Signature City Attorney / Finance / Human Resources MEMORANDUM #00-2 TO: FROM: DATE: SUBJECT: William Atldns Deputy Finance D~cmr Rob nyon ¼X4 Deputy Utilities ~ctor ~\6~ JAN 6 ~000 January 5, 2000 :~ual bidJ~for Preparation and Painting of Water and Wastewater [Pipelines' Bid #020-2821-00/SP Agenda Item On December 9. t, 1999,~ we received, six (6) bids for the preparation and p~ inting of water and waste ate~c.p~pelines. The b!ds ranged form $33 234.50 to $104,860.( 0 and included umt pricing p~ ac~litional square foot of unspecffied locations. There are hirteen (13) locations speci~ed tt~ough6ut the service area that are identified in the bid specification Funding is available in the ~Utilities Renewal and Replacement account wil a up to $25,000.00 fr6m .~W. at¢~. 40~;5000-590-96-02 and up to $25,000.00 from g hstewater 405-5000-590496-~04 ;accounts We have revieTe& th~ bid~ and recommend total award to CEM Emerprises d/b/a Sunshine Paint. Their lump sum bid was $33,234.50 and $4.00 per square foot for any additional work· Please present ~s request'for the Commission for their approval of this bid with authorization to spend up to $50,000 00 (budgeted and approved) this year for the painting of the pipelines and allowance to do additional pipelines at $4 00/sq. ft. Be: Robert :Kenyon Cc: Dora Formane~k Fred Ireland Tony Lombardi File ~ Attaclunents R_K/gmb ~00 o"U'~ ~o m m 4 J col .~.00 ~rnm ,-.-lC:: 0zz ~1-- ~-~ rri 0 ~o rn rri Requested Ci~ Commission Meetina Dates [] November 16. 1999 [] December7. ~999 [] December 21. 1999 [] January4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 3. 1999 (5:00 p.m.) November t7, 1999 (5:00 p.m.) December 8~ 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m3 Requested City Commission Meeting Dates [] January }8. 2000 [] February 1. 2000 [] February 15, 2000 IV-CONSENT AGENDA ITEM B.3 Date Final FormMust~e Turned in to CiW Clerk's Office January 5, 2000 (5:00 p.m.) JanuaD 19, 2000 (5:00 p.m0 February 2, 2000 (5:00 p.m.) Febrga~ 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to award the "ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" te various vendors on a lot-by-lot basis with an estimated annual expenditure of $30~000.00 "ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" - BID #018-1412-00/SP. The Tabulation Committee recommends an award be made to various vendors on a lot-by-lot basis (see attached Awarded Vendors List/Tabulation Sheet), with an estimated annual expenditure of $30,000.00 CONTRACT PERIOD: JANUARY 21, 2000 TO JANUARY 20, 2001 Procurement Services requests Commission's review, evaluation, and award approval. EXPLANATION: The purpose Of this bid is to establish a contract for the purchase of various PVC piping (Schedule 40/80) to be used in irrigation installation/repairs in the Utilities and Parks Departinents. Items will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse. On December 7, 1999, Procurement Services opened the above mentioned bid and received three (3) bids. The factors used in determining the award recommendation were: 13 Overall low price; 2.) Warehouse processing time. Ail recommended vendors are considered to be the most responsive, responsible bidders meeting all specifications. Dominie DeMauro. Warehouse Manager concurs with this request (see attached Financof~Varehouse Memorandum). PROGRAM iMPACT: FISCAL IMPACT: BUDGET ACCOUNT # 502-000-141-00 (Warehouse Stock) EST. ANNUAL EXPENDITURE $ 30,000.00 ALTERNATIVES: Bill~Atkin'~, Depdty Finance Director Date Procurement Services Department Name Cit,)~l~nager s-Signature city Attomey,~Finance ~ Human Resohrces CITY OF BOYNTON BEACH MEMORANDUM FINANCE ADMINISTRATION TO FROM: DATE: SUBJECT: Bill Atkins. Deputy Finance Director Dominic DeMauro. Warehouse Manager. January: 9:2000 IRRIGATION BID I received the tabulation sheet from your office. The evaluating factor used was on over all low prices by lot and warehouse processing time. Ne consideration given to Ryan Herco Products They bid F.O.B Orlando FL. My recommendation is as follows. PVC Schedule 40 Adapters . 1,2,3,4.5.6.7.8.9 A&B Pipe~ Clamps 10.11.12 Melrose Supply _Couplings 13A4,15, 17.18.19.20.21.22 A&B Pipe Couplings. 16 Melrose Supply Ell 23,24,25.26,27,28 A&B Pipe Nozzles 29.30.31, Melrose Supply Nipples 32.33.34 Melrose Supply Pop Eps 35.36,37,38.39.40 Melrose Supply Pop Ups 41 No bid PVC Pipe 42.43.44,45,46,47.48.49 A&B Pipe Supply Risers 50.51 Melrose Supply Slip Tee 52.53.54.55.56 A&B pipe Splice Kit 57.58 No Bid Swin~ Ell 59.60 Melrose Supply Telescope 61,62,63,64,65.66~67,68 Melrose Supply PVC Glue 69.70.71,72 A&B Pipe Saws 73 Melrose Supply Saws 74 A&B Pipe Saw blade 75.76 A&B Pipe Valves 77,78.79 Melrose Supply Miscellaneous 80.81.85.87 Melrose Suppb Miscellaneous 83 A&B Pipe Memo: Irrigation Bid Page 2 Miscellaneous Adapters Slip Tees Elbows 90 Silo Couoling Nipples Elbows 45 Bushings Bushino-x Tread Pip~ Sc. 8o 82~84.86.88 PVC Schedule 80 89.90.91,92.93.94.95.96.97.98.99, 100.101.102.103.104 105.t06,107.108.109,1 I0.111,112 113,114,115~I 121 122.123.124.125,126,127,128,129 130,13t,132,133 134,135,136,137,138.139.140,141 142,243,144,145,146,147,148 149,150,151,152,153,154.155 1'~'~, 1 ~,158,i'59,16011'61' No Bid A&B Pipe A&B Pipe ,'~.' ~ A&B 2ipe A&B Pipe Melrose Supply A&B Pipe A&B Pipe ~&B~Pipe BILL ATKINS, DEPUTY FINANCE DIRECTOR D'OMINIC ~MAURO, WAREHOUSE MANAGER ***MOST RESPONSIBLE, RESPONSIVE BIDDERS WHO MEET ALL SPECIFICATIONS ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES AWARDED VENDOR TABULATION SHEET BID # 018-1412-00/SP ~TENDOP,z~ .......... A'& B PiPE AND SUPPLY, INC. MELROSE SUPPLY & SALES ~YAN HERCO PRODUCTS CORP. · 6500 NW 37THAVENUE ' 27'1 E.iQAKLAND PARK BLVD. 1310 CENTRAL FLORIDA PKWY. .... MIAMI, EL..33.147 FT. LAUDERDALE~ FL 33334 ORLANDQ, FL 32837 (305) 691-5000 .... 954) 563-'1303 (800) 848-1;141 MAIKEL Q-uI~TANA - JOY FOSTER BILL THINGWOLD PERCENTAGE ScH 40 - LESS 70% . SCH 40 -68% DISCOUNT SCH 80 - LESS 78% SCH 80 ~ 65% 25% (varies) '-UNIT PRICES FOR PVC SCH 40'- IRRIGATION SUPPLIES ADAPTERS: f.) ]72" Fen~ale ............. $~)i,i 1 2,) --172" M~le ' ~ ' $0.09 3.) 3~4" Female $0.14 4.) 3~4" Male $0.10 5.) 1" Female $0.16 7.) '1 1/2" Female ..... $0.29 8.) 1 1/2" Male $0.29 9.) 2" Male $0.38 · CLAMPS: · 10.) 6;' Siainless Sieel $1.19 11 -/3/4" Stainless Steel $0.29 12./ 1 1/4" stainless Steel $0.29 ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION~SUPPLIES ~ AWARDED VENDOR TABULATION SHEET VENDORS ' ' ..... ~:&'B P(P~-A~ ~:0PPL¥,'INC. ' ~i~Ll~O~E S'UP-PLY& SALES RYAN HERco PRODucTs CORP. 6500 NW 37TH AVENUE 271 E, OAKLAND PARK BLVD. 13~Q CENT~L FLORIDA P~. - M~AMI,~ FL- 33147 - FT; LAUDERDAEE"FL~3333~ ..... ORLANDO; FL 32837 (305) .691-5Q00 (954)~5633;q;q 303 (800)848-1-14~ - MAIKEL QUINTANA JOY FOSTER B LL THINGWOLD COUPLINGS: 13.) 1/2" Siip Coupl[n~ ' ................. ~=' ~'~' ~ 14.) 3/4" Slip Couplin~ $0.09 15.) 1" Slip Coupling $0.16 16.) 3~8" Funny Couplin~ $0.25 I 17,) 1 1/4"Sli Couplin $0.21 18.) 1 1/2" Slip Coupling $0.23 19.) 2" Slip Couplin~ $0,36 20 ) 2 I/2 Slip Couplin~ SQ,~ 21 .)3" Slip couplin~ ' ' $1.23 ' 22.) 4" ,Slip Coupling ELL: ~',:- 23.) 1" S x S 90 $0.20 .11 250 3/4",~1p90, . . $o ,' ~ ' ' - ' 26.) ! 1/4" Slip 90 $0.35 27;) 1 " ' 0 1/2 Shp 9 $0.38 28.) 2" Slip 90 $0.59 ANNUAL CONTRACT FOR PVC SCHEDULE40 AND 80 IRRIGATION SUPPLIES AWARDED VENDOR TABULATION SHEET BID # 018-1412-00/SP VENDORS NOZZLES - RAINBIRD: A& B PIPE AND SUPPLY, INC. ' 6560 NW 37TH AVENUE MIAMI, FL 33147 (305) 691-5000 MAIKEL QUINTANA MELROSE SUPPLY & SALES 271 E: OAKLAND~,PARKBLVD. FT, LAUDERDALE. FL 33334 [954) 563-'1303 JOY FOSTER RYAN HERCO PRODUCTS CORP. !310 CENTRAL FLORIDA PKWY. ORLANDO, FL 32837 800) 848-1141 BILL THINGWOLD 29.) Full Nozzle - Bag 30.) 180 Half Nozzle - Ba~l 31 .)Quarter Nozzle -Bag POLY NIPPLES: 32.) 1/2" Close $0:79' $0.06 $0.10 $0.10 13./ 3/4" Close 14.) 3/4" x 1/2" Close POP UP'S: 35.) 2" Pop-up w/Wiper Seal 36.) 3" Pop-up w/Wiper Seal 37.) 4" Pop-up w/Wiper Seal 38.) 6" Pop-up w/Wiper Seal 39.) 12" Pop-up w/Wiper Seal 40.) Adjustable Hunter Head 41.) ABS Hunter Head Non-Pop-up ..................... $1.25 $1.32 $1.21 $7~.37 $5.62 $9.54 NO AWARD NO AWARD NO AWARD ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES AWARDED VENDOR TABULATION SHEET ............................. r BID # 018--14t2--00/SP B500 NW 37TH AVENUE .':~'7'I~E:;QA[(E~ND:;PARK:BkVD: :'3~10 bENTRAL FLORIDA PKVVY. MIAMi, IL_ 33147 F7 ~LAUDEEDA~E F~ $3~3~ ; ~R~ND.O FL 32837 (305) 691-5000 (954) 563:13~ (800) 848-11~ 1 - MAIKEL QUINTANA ~'FOSTER ..................... 4~.) 1(2 SCH40 $1.80 {~.). 3/4" SCH 40 $3.00 .... ¢4.) ~" sc~ 49 Sa.oo 4~.) 1 1/4" SCH 40 -$5.00 47,) 2" SCH 40 , $9.00 ~8~) 3" SCH 40 $18.40 ~.) 4" SCH 40 .... $26.20 ~00 1/2" R set E~t. Long ........... ~1 .) 3/4" x 4" P0.1y Ext. , , , $0.12 qE~S~R ES: : ...... - ' 54.) 2" S ~ Tee $0.73 _ANNUAL. CONTACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES AWARDED VENDOR TABULATION SHEET BID # 018-1412-00/SP VENDORS A & B P PE AND SUPPLY, INC. MELROSE SUPPLY & SALES RYAN HERCO PRODUCTS CORP. 3500 NW 37TH AVENUE . 271 E, OAKLAND PARK BLVD 1310 CENTRAL FLORIDA PKWY. MIAMI, FL 33147 FT. LAUDERDALE, FL 33334 ORLANDO, FL 32837 (305) 691-5000 (954) 563~-1303 (800) 848-1141 MAIKEL QUINTANA JOY FOSTER BILL THINGWOLD SPLICE KIT: 57.) Yellow 14V NO AWARD ~ NO AWARD ~ NO AWARD ~5_~)_~Vello,~_l_10_V NO AWARD NO AWARD NO AWARD SWING PIPE EL'S: 59.) 1/2" Funny EL .......... $0;.12 60.) 3/4" Funny EL $0.12 TELESCOPE: , 61.) 1/2" Slip Fix $1.58 62.) 3/4" Slip Fix $1.79 63.) 1" Slip Fix ........ $2,07 64.) 1 1/4" Slip Fix $3.89 65.) 1 1/2" Slip Fix $4.23 66.) 2~Slip Fix {KBI ONLY) ~ $6,9~ 67.) 3" Slip Fix (KBI ONLY) $14.08 68.) ~"-Siip Fix (KBI ONLY) $24.64 ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES AWARDED VENDOR TABULATION SHEET BID # 018~1412-00/SP ~'EN'D'(~'R~-: -~- ':~--~:-.~':" '- A~'PiPIE'~AND'~PPEY;'-INC: ' ~EERO'SESUPPEYT~SAEES ; RYAN HERCO'PRODUCTS CORP. , . SS00, NW 37TH AVENUE .~ ~2~t-E;n eAKbAND*PARE-BbMD...... ~10GENiaL FLORIDA PK~. MIAMI, FL 33147 ~,.~~ ~. ~.3~3~ ~ ~ ~NDO, FL 32837 305) 691-5000 ~954) 563~1303 ~ 800) 848-114~ MAIKEL QUINTANA 3'OY'FOSTER ................. ~ILL THi~GWOED UNIT PRICESFOR MISCELLANEOUS iTEMS 6~.) PVC Cemeqt , $3.44 ~) _ ~VG ~u~_(Gr~y) $4.58 ~AWS; 7~) PVC Cab e Saw r ~4,~8 74 ) Reed PVC Saw - -$~:7~1 ........................ ~ ~"~ ......... ~ ~'~ =~'%~'~ ~'~ ..... ~- ' SAW BLADES: Z5,). ~gp!~mept Blade~ 12" $5.95 76 ) Replacement Blades 18 $7.5 ~ A~N._UAL CO.NT~C? FOR PVC SCHEDULE 4_0 AND 80 IRRIGATION SUPPLIES AWARDED VENDOR TABULATION SHEET BID # 018-1412-00/SP ~/ENDORS .......... ~ A &B PIPE AND SUPPLY NC MELROSE SUPPLY & SALES ' RYAN HERCO PRODUCTS CORP. ,, 6500 NW 37TH AVENUE, - 271 E. OAKLAND PARK BLVD. 1310 CENTRAL FLORIDA PKVVY. . . MIAMI, FL 33147 FT. LAUDERDALE FL 33334 ORLANDO, FL 32837 (305) 691-5000 (954) 563:1303 800) 848-1141 MAIKEL QUINTANA ' JOY FOSTER BILLTHINGWOLD MISCELLANEOUS ' B0.) 10" Circular Valve Box $4.98- ~ B1 .) Rectangular Valve Box $1'1.09 ~:) ~;tangular cover, Green No'AWARD NO AWARD ~ ~3.) DWV Plugs 1 1/2" $0,30 ~ ~4,), 10'! Round Cover .... NO AV~IARD NOAWARD - - 85,) Flags (red) Pkg of 100 - $0,08 86.) Toro 670 Sprinkler Head , NO AWARD NO AWARD . 87.) Funny Pipe $12.00 88.) Tube Cutter NO AWARD NO AWARD ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES AWARDED VENDOR TABULATION SHEET BID # 018-1412-00/SP VENDORS A & B PIPE AND SUPPLY, iNC. ~-I~L'ROSE SUPPLY & SALES RYAN HERCO PRODUCTS CORP. 6500 NW 37TH AVENUE 271 E. OAKLAND PARK BLVD. 13t0 cENTRAL FLORIDA PKWY. MIAMI, FL 33147 FT. LAUDERDALE, FL 33334 ORLANDO, FL 32837 305) 691~5000 (954) 563-'~1303 (800) 848-1141 MAIKEL QUINTANA JOY FOSTER BILL THINGWOLD I PRICES FOR PVC SCHEDULE 80 ADAPTERS: ~9.) 112" Female ; $0~63 r r . 90.) 1/2' Male $0,~9 91.) 3/4" Female ~94 ~3~) 1" Femal~ .... ~.) 1" MaLe ' $I. ~5.) 1 1/4" Female . $2,2A 96~) -t~l,/~Male ...................................................... ~1~6~, -~,~ ~) 1 1/2" Eemale $2,7~ ~) $2 ~3 1 1/2" Male , , - 99.) 2" Fe~le $4.80 ) "M $3 100 ~2 ale .66 101.} 3 Female 1~2 ) 3" MaLe $4 !_~3,)~ 4" ~gmale $14,67 !g~) 4" ~a]e $8.22 ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES AWARDED VENDOR TABULATION SHEET BID # 018-1412-00/SP VENDORS A & B PIPE AND SUPPLY, INC. MELROSE SUPRLY & SALES ~YAN HERCO PRODUCTS CORP. ': B500 NW 37TH AVENUE 271' E. OAKLAND PARK BLVD t310 CENTRAL FLOR DA PKWY, MIAMI, FL 33147 ~ FT, LAUDERDALE, FL 33334 ORLANDO, FL 32837 MAIKEL QUINTANA JOY FOSTER BILL THINGWOLD SLIP TEE'S: 105.) 1/2" $1.05 106.) 3/4" $1.10 107.) 1" $1.38 108.) 11/4' ..... $3:79 .... 109,) 1 1/2" $3.79 110.) 2" $4.74 111 .) 3" $6.45 112.) 4" ' $7.47 ELBOWS 90: · 113,) 1/2" Slip $0.37 114.) 1/2" Threaded $0,86 115.) 3/4" Slip $0.48 1167) 1" Slip ~0.77 117) 1 1/4'Sli ,,_ :,_ ? $1.03 , 118.) 1 1/2"Slip $1.10 119,) 2" Slip $1.33 120.) 3" Slip $3.51 121.) 4" slip $5.33 - C-ONTI A-CTFOR-PVCS-CHE'DULE 40 AND"80'iRRIGATiON SUPPLIES AWARDED VENDOR TABULATION SHEET BID # 018-1412-00/SP VENDORS ' ' PI '*~ - ~ - ..... ~ & B PI. E AND b-~PPLY, I~JC. ~;/i'E-L"~O~i=,~,OP~i'Y~&*~LES RYAN HERCO PRODUCTS CORP. ~500,NW37TH AVENUE ..... "~1~ E~AKL~AND'PARK'BEVD: .... ~ ~:~b~ FLOR DA PK~ MIAMLFL.33147 ....... ~ F~,~UDERDALE,~FL 33334-. ~ ~RLANDO,, FL 32837 (305) 691-5000 ~ 5~),.~'~_~ ............ MAIKEL QUINTANA JOY FOSTER ' ~1~ ~HINGWoLD 122.) 1/2" $0.68 123.) 3/4" $0.92 124.) 1 ......... $0:94~ ~25.) 1 1/4" $1.~3 ............................ '~ ........... ~ 126.) 1 1/2" $1.~ .................. $1.65 12~.) 2" ' .... ......................... 129.) 4" ' ' $5.87 130.) 1,!/2"x 12 - - - - -g ..... ':=~'"':*':'::~'1'::3'S .... 131~) 2" x 12 $1.89 !32.) 3" x 12 ...... , ; ................ $6.27 : ~ 133.) 4"x 12 ,'-,..', ";,$~:~-8 , .... % ' : ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES AWARDED VENDOR TABULATION SHEET BID # 018-1412-00/SP VENDORS A& B PIPE AND~UPPLY,'INC. MELROSE SUPPLY &-SALES RYAN HERCO PRODUCTS CORP. 3500 NW. 37TH AVENUE 271 E. OAKLANDPARK BLVD r1310 CENTRAL FLORIDA PKWY. ~ ~!AM~I'.-F:~- 331~7. ~T' LAUDER. DALE FL. 33~34 3RLANDO, FL 32837 (305) 691--5000 (954) 563--"t303 (8b0) 848--1141 MAIKEL QUINTANA JOY FOSTER ' BILL THINGWOLD SLIP ELBOW 45: 135.) 3/4" $1.07 137.) 1 1/4'~ $2,05 138.) 1 1/2" $2.43 139.) 2" $3,14 140.) 3" $8.04 141.) 4" . $14.47 142.) 3/4" x 1/2" $0.22 143.) 1" x 3~4" $0.62 144.) 1 1/4"x 1,, $0,98 14~) 11/2"~1/4" -- $1__33 146.) 2" X 1 1/2" $1.90 147.) 3" X 2" ' $5.23 148.) 4" X 3" $7.25 ANNUAL CONTRACT' FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES AWARDEDVENDORTABULATION SHEET. BID # 018-1412-00/SP , 6500,.N~/.~3Z,T.I:LA'~EI:',IUL ......... 2~,.E..,QAKL,ANELIEABK~LVD ;:: ~10~cENyRAL FLORIDA PKWY, ...... ................... MIAMI, FL 33147 FT.' LAUDE~R.~D. ALE, FL 33334 ~LANDO, FL 32837 ......................... MAIKEL-QUINT"AN;~ ....... dOY~POS~ER ................................. ' BIEL THINGWQLD j49.) 3/4 ~ !/ $0.40 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENT AGENDA ITEM B.4 Requested City Commissmn Meeting Dates [] November 16. 1999 [] December 7, 1999 [] December21. i999 [] January 4, 2000 Date Final Form Must be Turned Requested City Comm/ssion in to Cie. Clerk's Office Meetin~ Dates November 3. 1999 15:00 p.m.) r-- January 18. 2000 November 17. 1999 (5:00 p.ra0 [] February L 2000 December 8, 1999 (5:00 p.m.) [] February 15, 2000 December 22, 1999 (5:00 p.m.) [] March 7, 2000 Date Final Form Must be Turned in to CiW Clerk's Office January 5, 2000 (5:00 p.m.) January 1%2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) Febraary 16, 2000 (5:00 p.m.~ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Bus/ness [] Announcement [] Presentation RECOMMENDATION: A motion to renew the bid for: "BEVERAGE AND FOOD CONCESSIONAIRES FOR THlg GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL 2000" to: KIWANIS CLUB of Boynton Beach, Florida for the Beverage portion and SAN FRANCISCO PUFFS & STUFF, INC. of Ft. Lauderdalc, Florida for the Food portion with an income of: $14.600.00. The new bid # is: BID t~033-2710-00/CJD. "BEVERAGE AND FOOD CONCESSIONAIRES FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL 2000" BIDg029-2710-99/CJD. Procurement Services is requesting the approval of one (1) year extension for this Bid to: KIWANIS CLUB of Boynton Beach for the Beverage portion with an INCOME of: $2,100.00 and AND SAN FRANCISCO PUFFS & STUFF, LNC. of Ft. Lauderdale, Florida for the Food portion with an INCOME OF: $12,500.00. TOTAL INCOME TO BE: $14,600.00. Procurement Services requests Commission's review, evaluation and award approval. EXPLANATION: The purpose of this bid is to secure Concessionaires for the food and beverage for the Great American Love Affair (G.A.L.A.} to be held March 17 - 19, 2000, on E. Ocean Avenue. At the Commission meeting of February 16, 1999, this bid was a split award between: Kiwanis Club of Boynton Beach and San Francisco Puffs & Stuff of Ft. Lauderdale, Florida. These companies have provided us with this service in a satisfactory manner. The total income is: $14,600.00. The bid will expire on February 15, 2000, but according to the Terms and Conditions of the bid, we have the option to renew the bid for an additional year provided both parties agree (see letter from Kiwanis Club of Boynton Beach and San Francisco Puffs & Stuff, Inc.). Bob Howell, Concession Chairperson, concurs with this request per memo attached. PROGRAM IMPACT: This is a (3) day Art/Cultural Festival that attracts approximately 40-501VI people. FISCAL IMPACT: WE WILl WE WILL RECEIVE: PUFFS & ALTERNATIVES: Procurement Services Depar~_ent Name ., Da~e Finance ~H/maaa Resources Melody Green Robert Howell File Recreation Director G.A.L.A. Chairperson RESOLUTION NO. RO0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVI:NG THE RENEWAL OF BID FOR THE BEVERAGE .AND FOOD CONCESSIONAIRES. FOR THE GREAT AMERICAN LOVE AFFAIR (G,A.L.A.) AND CULTURAL FESTIVAL 2000 TO KIWANIS CLUB OF BOYNTON BEACH, FLORIDA FOR THE BEVERAGE PORTION, AND SAN FRANCISCO POFFS & STUFF?INC., OF FT. LAUDERDALE, FLORIDA FOR THE FOOD PORTION; AUTHORIZING AND DIRECTING THE MAYOR AJND CITY CLERK TO EXECUTE CONTRACT DOCUMENTS BETWEEN THE CITY OF BOYNTON BEACH AND KIWANIS CLUB QF BOYNTE)N BEAQH,. ~=I~OR DA AND SAN FRANC SCO PUFFS & S'EUFF, INC., AND PROVIDING AN EFFECTIVE 'DATE. WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the renewal the bid for the Beverage and Food Concessionaires for the GREAT AMERICAN LOVE AFFAIR 3.A.L.A.) and CULTURAL FESTIVAL 2000 to Kiwanis Club of Boynton Beach, 'lorida for the beverage portion. And San Francisco Puffs & Stuff, Inc., of Ft. .auderdale, Flodda for the food portion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the renewal of the bid for the Beverage and Food Concessionaires for the GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL 2000 to Kiwanis Club of Boynton Beach, Florida for the leverage Portion and San Francisco Puffs & Stuff, Inc., of Ft. Lauderdale, Florida for the Food Portion, a co~y of each Agreement is attached hereto as Composite;Exhibit "A?: ' · ~ - Sectior~2. ~ "~ha~ ithis Res01at on sha{I become effective immediately. - ,CI~-OF BOYNTONBEACH FLORIDA V~ice M~yor ~' Ma~yor Pro'Tern ? TTEST: Commissioner cOmmiSsioner 3ity Clerk [Corporate Seal ~:Reso~Bid Award\GALA- Food & Beverages ~ 2000 (BEVER&GE ~N~ESSIONAIRE) AGREEMENT TillS AGREEMENT made this day of , between KIWANIS CLUBOF BOYNTON BEACH hereinafter referred to as "CONCESSIONAIRE) and the CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated and agrees [o the following: WI~EREAS, CONCESSIONAIRE has been awarded the beverage.concession fights for G.A.L.A. scheduled for March 17, 18, 19, 2000, to be located on East Ocean Avenue betweenUS#1 and Seacrest Blvd., Boynton Beachi Florida, according to the following conditions as submitted in the CONCESSIONAIRE'S bid document: CONCESSIONAIRE awarded the contract shall assumebeverage fights based on the following list of specifications. Beverages are defined as soda, bottled water, iced tea, juice drinks, sports drinks only..Du~ to gponsor agreements, the G.A.L.A. Committee reserves the right to designate the prbdUct/brand sold. '~ CONCESSIONAIRE is responsible for all beverage set-up and clean-up. CONCESSIONAIRE will provide a minimum of three- (3) beverage trailer or stations to be placed at locations which are mutually agreed upon between the CONCESSIONAIRE and the CITY. If beverage trailers are not used. each beverage station shall have a 10' x 10' white canopy tent and clean counter service area. CONCESSIONAIRE will serve only beverages such as soda bottled water, iced tea, juice drinks, and sports drinks only. CONCESSIONAIRE agrees to store all supplies out of view of event spectators. CONCESSIONAIRE shall pay the CITY a minimum flat fee of $2,000 in cash. Twenty percent 0 O (20 ¼) due upon CITY of Boymon Beach Commission award and eighty p~cent (80 ¼) due no later than March t3, 2000. In addition, please list anything else you could provide, in-k/nd or cash, to be considered in this bid evaluation. 16 CONCESSIONAIRE shall be available to meet with the G.A.L.A. Committee to discuss program format or any other pertinent information. CONCESSIONAIRE shall assume the responsibility for all permits as r ~equired:bF th~ palm Beach CoUnty tt~aith Department. ' ' CONCESSIONAI~RES shall procure and maintain for the: duration of the agreementl insurance against claims for injuries to persons or damage t0 property,tha! may ar/se from or'in c0nnebtion with~h~@~q¢~ S~O~S 'operati0m iThe ~:ost. (~f .~'ue~::~insuranee~shatl:~e~,~bomc' by the a. ~ . :W~orker~s Compensatipn:.I~.CONCESSIONkZRtE:~falls~under~:the:Stafe.of. Florida's Worker!s .CompOnsafion [a~ ~coye~ge .s.~ha~;b~proy~d~for employees. The coverag~ Shall. be for ,statutory: lmuts m complianc~ e ~v~tti ~e applicable state .and fed~~ laws. Th~ policy must: includeEmptoyer's L~ability with,.a l~mi! ~/~$100,~00each~cide~.~ ~ . ' b. Comprehensive G~.neral~ L~abd,ty: Coverage :shall be pro~d'~~ for all ~mplovees. The coverage Shall be for statiitory t/mits m co~t~li~W)'ththe apphcable state and federal laws. The pohcy must mclx/de Employer's I~i~bility with a l~it ,f;$~0,000 eac~,accident. . Limits of coverage sh~l be based on the operation and exposur~ at,hand. Minnnum acceptabl~ ¢oX~ge limits sh/ll be ;$~,000,000 Business Auto P0t{aY!:N0t required unless there is a speca.'fiC re~nship to the contract. Ifrequi:red, ~ same limits listed under c~m~reiien~e G~neral Liability s, hall apPly. T~ shall/nclud¢ Om.ed Vehicles; Hire&~d Non- . ~ ~ ~.. ~ ,~&,~.~: . , !: :~ hi~ ~ owner1 Vehicles, and gmployee non-owners p. Deductibles and Se!f-Ius~xed Retentiom Any deductibl~s o~ sel, f-insured retention must be decided!t0 arid :approved by ~e CITY~ A~ ~e bPfi/m of the CITY either the insurer S~ll reduce or eliminate such dedffctit~s or self- insured ~retention a~ ~e~p~fs th~ ~CITy,~ it.s 0ffi~rs,.~)ffic{~lsi Em~loyeds or Volunteeri or the C~)5~CEssIo~AIRE shall procure a ~on~l ~u~anteeing payment of losses and ielat~d investigation, claims adm~n/st~tion and defense expenses. THE POLICIES ARE TO CONTAIN OR BE ENDORSED TO CON,FAIN THE FOLLOWING PROVISIONS: The CITY of Boynton Beach, its Officers, Officials, Employees and Volunteers shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Pohcies. The coverage shall contain no limitations on the scope of protection afforded to the CITY, its Officers, Employees or Volunteers. 17 An appropriate Hold H~i~§i ~l~ise~fi]l Be included: NOTE: If it is determined by the City Manager that the purchasing of insurance is not required, the user MUST still sign an ~pproved Hold Harmless Clause relieving the CITY of any and ail legai liability. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named ~oject and shail be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. It shall be the responsibility of the CONCESSIONAIRe. or insure that all Sub-lessees/Users comply with the same insurance requirements that he is required to meet. CONCESSIONAIRE shall inform his insurer to furnish, directly to the CITY of Boynton Beach, Certificates of Insurance with original Endorsements affecting coverage required within. The Certificates and Endorsements for insurance policies are to be signed by a person authorized by flaat insurer to 'bind coverage on its transmittal correspondence displaying insurer's letterhead. Certificates are to be received and approved by the CITY before activity commences. The CITY reserves the right to reqmre complete copies of all required insurance pohcies at any time. CONCESSIONAIRE'S insurance coverage shail be prmaary insurance as respect to the CITY, its Officers, Officials, Employees arid Volunteers. Any insurance of self-insurance maintained by the CITY shall be excess of the CONCESSIONAIRE'S insurance and shall not contribute to it. The CITY of Boynton Beach reserves the right to renew tiffs contract for one (1) year, with vendor approval, for future G.A.L.A?S. CONCESSIONAIRES shall provide to the CITY, as a part of the bid, a list of festivals, fairs, and shows (including prior G.A.L.A. beverage experience) for which they have served as CONCESSIONAIRE in the past four (4) years to include the name, address and phone number of the person or persons with whom they have contracted. 18 IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed as of the day and year first above-written, m on (1) counre~cpart ofwkich shall for all purposes be deemed the original. ATTEST:: CITY CLERK CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA By . MAYOR (CITY SEAL) ATTEST: CONTRACTOR AUTHORIZED OFFICER TITLE (CORPORATE SEAL) CONTRACT DOCUMENTS: Approved as to correcmess and form: CITY ATTORNrEy 19 (FOOD CON~ESS~ONAIRE) AGREEMENT THIS AGREEMENT made this day of , between SAN FRANCISCO PUFFS & STUFF, INC. (hereinafter referred to as "CONCESSIONAI/LE) and CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated and agreeto the following: WHEREAS, CONCESSIONAIRE has been awarded the food concession rights for G.A.L.A. scheduled for March 17,18, 19, 2000, t6 be located on East Ocean Avenue between US#1 and Seacrest Blvd., Boynton Beach, Florida, according to the following conditions as submitted in the CONCESSIONAIRE'Sbid~document: 1. CONCESSIONAIRE is responsible for all food vendor site planning, booth construction, set-up, clean-up and steam clean cooking area after the event. 2. CONCESSIONAIRE will provide professional food vendors offer/ng a vaxiety of menu items to sufficiently serge an expected crowd of 40~000 persons over the 3-day period of the festival~ With G.A.L.A. Committee approval, the CONCESSIONAIRE may, in addition, utilize snack carts to supplement vendor stands. CONCESSIONAIRE will provide between five (5) and ten (10) local, non-profit organizations to serve as food vendors. The G.A.L.A. committee shall provide a roster or, such organizations who have previously participated and who shall be given first fight-of-refusal privileges for 2000. 4. The non-profit organizations (excluding any organization bidding on tiffs project) shall retain 100% of their gross revenue and their entry fee shall be $125.00. 5, CONCESSIONAIRE shall contract for ice service for all concession operations. 6. CONCESSIONAIRE will pay the CITY 100% of the non-profit entry fee and provide a complete listing of all entries and the total of listed entry fees collected. 7. CONCESSIONAIRE will serve beverages such as hot cocoa, coffee and lemonade. No juice drinks. NO soda. No water. No iced lea. No sport drinks. Due to sponsor agreements, the G.A.L.A. Committee reserves the right to designate the product/brand sold. 20 CONCESSIONAIRE will provide fifteen (15) round picnic tables, sixty (60) chairs, fifteen (15) umbrellas as indicated below: Food Court Area: 15 m~d pic~c tables ' 60 chai~' i 5 umbrellas ' 9. CONCESSIONAIRE shall pay the CITY-a minimum flat fee of $12,500 in cask Twenty percent (20%) due upon the bid award,by ~Boynt.o.n Beach QI~¥ Commission am_ ~i:eighW pereen;:(80%) ~tU~ r~o later ~han Mar~h 10. In addition, pleas~list any~ngetse you coutd provide, in, kind or cash, to. be considered in this bid evaluation. 11: CONCESSIONAIRE shall be available to meet with the G2A.L.A. Committee to discuss program format or any other pertinent information. 12. CONCESSION~ shall assume the responsibihty for all permits for all food vendors as required by the P/dm Beach County Health Department. 13. CONCESSIONAIRE shall provide a list of potential vendors no later than February 18, 2000, along with a sample menu for the Committee's rewew and approval. 14. CONCESSIONAIRES shall procure and maintain for the duration of the agreement Insurance against claims for injuries to persons or damage to property that may arise from or in connection with the CONCESSIONAIRE'S operati°n. The Cost of such insurance shall be borne by the CONCESSIONAIRE. Worker's Compensation: If CONCESSIONAIRE falls under the State of Florida's Worker's Compensation Law, coverage shall be provided for all employees. The Coverage shallbe for statutou limits in compliance with the applicable state and federal laws. 'The policy must include Employer's Liability. with a limit of $100i000 each accident. Comprehensive General Liability: Coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable state and federal laws. The policy must include Employer's Liability with a limit of $100,000 each accident. Limits of coverage shall be based on the operation and exposure at hand. Minimum acceptable coverage limits shall be $1,000,000.00. 21 Business Auto Policy: Not required unless there is a specific relationship to the contract. If required, the same limits listed under Comprehensive General Liability shall apply This shall include oWned Vehicles, Hired and Non- oWned Vehicles, and Employee non-ownership. Deductibles and Self-Insured Retention: Any deductibles or self-insured retention must be declared to and approved by the CITY. At the option of the CITY~ either the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the CITY, its Officers, Offilcials, EmPloyees or Volunteer; or the CONCESSIONAIRE~ shall ,procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses. THE POLICIES ~ TO COyAIN OR BE ENDORSED TO CONTAIN THE FOLLOWING.PR0~ISIONS. The CITY of Boynton Beach, its Officers, Officials, Employees and Volunteers shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. The :coverage shall contain no limitations on the scope of protection afforded to the CITY, its Officers, Employees or Volunteers. An appropriate Hold Harmless Clause shall be included: NOTE: If it is determined by the City Manager that the purchasing 9f insurance is not required, the user MUST still sign an approved Hold Harmless Clause relieving the CITY of any and all legal liability. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project and shall be endorsed to state that coverage shall not be suspended, Voided or cancelled by either party, reduced in coverage or in limits except a~er thirty (30) days prior written notice by certified mail, return receipt requested, has been g/ven to the CITY. It shall be the responsibility of the CONCESSIONAIRE or insure that all Sub-lessees/Users comply with the same insurance requirements that he is required to meet. CONCESSIONAIRE shall inform his insurer to furnish, d/rectly to the CITY of Boynton Beach, Certificates of Insurance with original Endorsements affecting coverage required within. The Certificates an"c] Endorsements for msttrance policies are to be signed by a person authoriz,~d by that insurer to bind coverage on its transmittal co~espondence d~splaying insurer's letterhead. Certificates are to be received and approved by the CITY before activity commences. The CITY reserves the right to requi~e complete copies of all required insurance policies at any time. 22 j. CONCESSIONAIRE'S insurance coverage shall be primary insurance as respect to the CITY, its Officers, Officials, Employees and Volunteers. Any insurance of self-insurance maintained by the CITY shall be excess of the CONCESSIONAIRE'S ~urance and-shall not contribute to it. 15. The CITY of Boynto~ Beach reserves the righ~ to renew this conteact for one (1) year, with vendor approval; for/Uiur~ G.A/.L.A.~S: ': ! :':" "'~. '~' ' -~ ~ 16. CONCESSIONAIRES- shall provide to the, CtTY, as a part of the bid, a list of festivals, fairs, and showi (~luding'~fio/G2X.~.A~ fo~i/m~ii0everage experience) foi which they have served as ~ ~GONCESSI ,~ ~he:~t' ~) y- ~eg[~s ~oi klctride, ~ name;, address ~and phone number ' 6f l~e~p~:6i- p~§6iig vCi~fii'~li~f hage ,~6~ae~od~ .... 17. CONCESSIONAIRE will submit a themed design plan for approval by G.A.L.A Committee by Fe~ .1~8~ 2000.~ 'The plan wflI.mchid~ atayout.or pl~; sketch 0f th~me element and color swatches or chips (or photographs). All food areas must:Be contmned.w~h committee approved fencing or enclosures. 23 IN WITNESS WHEREOF, Th6 partie~ llereto have caused this agreement to be executed as of the day and year first above-written, in on (1) counterpart of which shall for all purposes be deemed the original. ATTEST: CITY CLERK CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA By. MAYOR (CITY SEAL) ATTEST: CONTRACTOR TITLE AUTHORIZED OFFICER (CORPORATE SEAL) CONTRACT DOCUMENTS: Approved at to con'ecmess and form: CITY ATTORNEY 24 Memorandum Date: From: To: Via: Subject: 6It 1:/99 B~b HOWelL Tennis Professional Carol Doppler Wal!yMajors Recreation Manager Concession agreements Dear Carol: The above mentioned event is set for March17 - 19,2000. would like to extend the existing contract under the same terms and conditions for this year. My decision is base on the high quality of service treat Kiwanis Club of Boynton Beach performed during the 1999 G.A.L.A Festival. BOb Howell Concession Chairmen The City of Boynton Beach I00 E. Boynion Beach Bouleuard P.O. Box 310 Boyrdon Beach, Florida 33425-03J0 dAN ~vnna Telephone No; (561) 742-6320 FAX: (561) 742-6505 ~t'}~-~°~OF~cE NAME OF BID: BEVERAGE & FOOD CONCESSIONAIRES FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L~.,¥ AND CULTURAL BID#: 029-2710-99/CJD Agrcc~rnent between the City of Boymon Beach, Owner; and KIWANIS CLUB OF BOYNTON BEACH (Company's Name) Contract Renewal Period: MARCH 17 - 19, 2000 Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this timt,.-~ NAME OF COMPANY NA~ME OF REPRESENTATIVE (please prim) DATE TITLE (AREA CODE) TELEPHONE ~BER America's Gateway to the Gulfstream 1 O0 E. Boynton Beach Boulevard P.O. Box 310 33425-0310 742-6320 FAX: (56J~ NAME OF BID: BEVERAGE & FOOD CONCESSIONAIRES FOR THE GREAT 'AM~RIC~ LO?dE ~'~R .(G~;L~) :- AND CULTURAL FESTIVAL ' i~ BID#: 029-2710-99/CJD Agreement between the City of Boynton Beach, Owner; and SAN FRANCISCO PUFFS & STUFF, INC. (Company's Name) Contract Renewal Period: MARCH 17 - 19, 2000 Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boymon Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF COMPANY SIGNATURE (please print) TITLE DATE (AREA CODE) TELEPHONE NUMBER America's Gatewa~ ~o the C.-ulf srream :**HOST RESPONSIBLE, RESPONSIVE BIDDERS NHO HEET ALL SPECIFICATIONS AND REQUIREHENTS****** /]~A/M ~TER~IPURCH~SING AGENT MELODY GREEN, SUPERINTENDANT OF LEISURE ,/// ~-/ SERVICES/RECRATION BEVERAGE & FOOD CONCESSIONAIRES FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL "Offers from the vendors listed herein are the only offers BI D OPENING DATE: JANUARY 27, 1999 received timely as of the above receiving date and time. BID OPENING TIME: 2:00 P.M. Al[otber~ffers submitted in response to this solicitation. BID #: 029~2710-99/CJD ................... _~ ,r an ~, ar~..~reo_Kre ecteal, as late~. ~ VENDORS ~.I.VVANg5 GLUt:I (Jh 8OYNTON BCH. SAI~ FRANC SC-O PUFFS & STUFF ~N-C. WM. THIES & SONS, INC. ~.O. BOX 156 · 3698 NW 16TH STREET ;201 EAST COAST ST., SOUTH 3OYNTON BEACH, FL 33425-0156 FT, LAUDERDALE, FI~ 33311 LAKE WORTH, FL 33460-4499 (954) 584-1~2~ (561) 582-4870 SHARON S. GRIM PART I PROFESSIONAL FOOD NO BID $12,500.00 VENDORS FEES AND PERCENTAGES PART Il: PROFESSIONAL BEVERAGE $2,100.00 **$1,000.00 or 30% '1,680.00 CONCESSIONS FEES WHICHEVER IS GREATER Alcoholic beverage only PAST EXPERIENCE RECORD YES YES & CONTRACT SUBMITTED SPECIFICATION "CHECK-OFF" NO *YES SHEETS ENCLOSED ANTI-KICKBACK AFFIDAVIT NO YES CONF RMAT ON OF MINORITY YES/NOT A MINORITY YES/NOT CERTIFIED OWNED BUSINESS SUBMITTED OWNED BUSINESS CONFIRMATION OF DRUG-FREE YES YES ~ORKPLACE SUBMITTED COMMENTS · 'SEE NOTATIONS *SEE NOTATIONS 'SEE NOTATIONS -tOLD HARMLESS & t NDEMNITY CLAUSE, REFERENCES & PRODUCT LINE BID PROPOSAL Ali;Biddy: C . The ~dersigr)ed declares that he has carefully examined the specifi~ati0ns~and is thoroughly { f ~a~iliai'iW{th its provisions and witllthe q~aaliiy, tYPe and grade ca lOd for. The undersigned proposes to provide the service in accordance with the specifications for the · ~ sum o~ ~ PARTI PROFESSIONAL FOOD VENDORS FEES AND PERCENT3/GES: .!il I. Minimum~flat fe~ allowable $12,500 Cash payable to:!~the:C~ty of Boynton Beach. (20% dde;~°n ~mm~ssion aWard, 80% due no laterih~ M~h 12~ 1999) PART II PROFESSIONAL BEVERAGE CONCESSIONS FEES: Minimum ~a (20% due 80% allowable: $2,000 March 12, 1999) Contact, Phone Specfficauon Sheet~:enclosed? ~I:, : COMPANYN~ :{! '$IGNATURE/TIT[~ THIS pAGE.TO BE SUB~HTTED IN ORDER FOR BID PACKAGE ~0 BE CONSIDERED COMPLETE AND ACCEPTABLE PHONE NUMBER 26 ANTICKICKB~CI~IAFFIDAVIT STATE OF FLORIDA COUNTY OFPALM BEACH ) : SS ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein Bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 19 Printed Information: TITLE NOTA. P.Y PUBLIC, State of Ftorida at Large "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be madea part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided whick~te~qry'beSt~desk:ribes yom:~c6mpany. Return this form.with your bid proposal sheet making it an official part of your bid response. LACr HISPAN~C WOMEN OTHER (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization fi'om which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 28 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality~ and s~rvi{e ar~ received by the City of Boymon Beach or by any'political subdivision for th~ procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drag-free workplace program shall be given preference in the award process. Established procedures fo~ processing tie bids witl he follo~ved if none of the tied vendors hav~ a drug- free workplace program. Inorder tO havea drug-flee workplace pmg~am, a business shall: l) Publisha statement notifyi~ng employees that the unlawful mam~facture, distribution, diSpensing, possession, Or use of acontrolled substance is prohibited in the workplace and specifying the acti°ns that*will be ta~en against en~pl~eas for violations o{ such prohibition. 2) Inform employees about the dangers.of drug abuse in the workplace, the business's policy 0f~maintaining a dmg2free workplace, any availablb drug Counseling, rehabilitation, and employee assistanc~ programs, and the penalties that may be imposed upon employees for drag abuse violations 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection ti). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working onthe commoditiesor.c0ntraCtual services that are under bid, the employee will abide by the terms of the statement and wilI notify the employer of any conviction of, or plea of guilty or nolo contendem to, any violation of chapter 893[? of uny controlled substance law of the United States or a~ state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a ~drug abuse assistance or rehabilitation program if such. is available in the, employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE ~ ACCEPTABLE 29 Submit Bids To: BIDDER ACKNOWLEDGEMENT PURCHASING DEPARTMENT Mailing Date (City):~' jah~/ary 15,. [999, Bid:Title Project Number:. Bid Received By: JANUARY 27, 1999, NO LATER THAN 2:00 P.M; (LOCAL TIME) Bids will be opened i~n the Purchasing Department unless spec/fled oth~ .e.r~v~. ~ ise bid opening scheduled for:. JANUARY 27; 1999, NO LATER THAN 2:00 P.M; (LOCAl; TIME)and may not be withdrawn within ninety (90) days after such date and tim~. All awards made as a result of this Bid shall conform to applicable sections of'the charter and codes of the City. Name of Vendor: SAN FRANClSCO PUFFS & STUFF, INC. Federal LD. Number: 59-2161661 A Co~oration of the State of: FLORIDA Area Code: 9 5 4 Telephone Number: 5 8 4 - 1 9 2 5 Mailing Address: 3698 NW 16th STREET City/State/Zip: FT. LAUDERDALE, FL 33311 Vendor Iv'g~t~g Date: hand-delivered 1/27/99 Authorized ~i~ature SHARON $. GRIM Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 25 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH To All Bidders: Date.' 1 /2 7 / 99 I'he undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality,.type and grade of service called for. The undersigned pmp0ses to provide thelservice in accordance with the:specifications for the sum 0fi PART I PROFESSIONAL FOOD VENDORS FEES AND PERCENTAGES: PART II Minimum flat fee allowable: $12,500 cash $12,5 0 0.0 0 payable to the City of Boynton Beach (20% due upon Commission award, 80% due ( no later than March 12, 1999) PROFESSIONAL BEVERAGE CONCESSIONS FEES: Minimum flat fee allowable: $2,000 (20% due upon Commission award, 80% due no later than March 12, 1999) PAST EXPERIENCE RECORD: Name of Show, Festival, Fair Contact, Phone BOYRTON BEACH G.A.L.A. SUNFEST ARTI GRAS SHELL AIR & SEA SHOW VIRGINIA 561-375-6240 Specification Sheets enclosed? x SAN FRANCISCO PUFFS & STUFF, INC. PAUL JAMIESON 561-659-5980 MICHELE EASSA 561-694-2300 MICKEY MARKOFF - 954-467-3555 954-584-1925 PHONENLrMBER SHARON S. GRIM N;2vlE PRINTED THIS PAGE TO BE SUBrvlITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERgD COMPLETE AND ACCEPTABLE 26 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : ss COUNTY. OF P~_~,~ BEAClI. ~ ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein Bid will be paid tO any:empl0yees of the City Of Boynton Beach as a co~missi0 ;n, kickback, reward o~:gi~ d~tly 0r. indireetly]~y me or any member of my firmoi~ ~5~'~fficer of the corpomtiOm · ~ ~ . Swom and sabscr/bed before me this ;.Q rf~.& day of ...Crt / ' NOTARY PUBLIC, S'~e df Florida at Large Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part.of our files for furore use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Remm this form With your bid l~roposal sheet making it an official part of your bid response ( ) BLACK ( ) HISPANIC (x) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO x If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG %VITH PROPOSAL 28 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug;free workplace programs. Whenever two o~ m0re bid~ Which are equal With respect t6 price; quality} and s~iceare received by the City 6f Boynton Beach. oi' by any p0litical~Subdivision~ for tht~' proeiirerh~nt o f ~ommodities or contractual services, a bid received from a business that certifies that it has implemented a drug-firee workplace program shallbe given preference in the aw~ard process. Established pr0cedures for processing tie bids ~vi!l be foll~wed~if r~one o fire ~led yend0rs.hgve a,dmg- free workplace pmgram, Inor/!er.to havea ~o[~.~.. l~cepro~ a'business shall: 1) Publish astatement~ notifying employees ~atl;~he~' ~gw~l; manufacture, distribution, di~p~nsing, .possession, or use ofa C0ntroll~6~::i~. Cr0hibi(ed: in the ,workplace and speCifying the actions that~il] be tak~ a~j~s~t~,e~'P~yees; for violations Otc such prohibition. ' ' ~- ' ' 2) Inform employees about the dangers of drag abuse in theworkplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and:ihe penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (I), notify the employee that, as a condition of working on the commodities or contractual services'that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of gui!fy or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace nc later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature SHARON S. GRIM VICE-PRESIDENT THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 HOLD HARMLESS AND INDEMNITY CLAUSE SAN FRANCISCO. PUFFS & STUFF, 'rN~.consideration ofTen Dollars ($I0.00), receipt and sul hc~mcy of which is accepted through the signing of this document by an authorized party or agent, shall hold harmle%s and,defend the City of Boynton Beach and its agents and employees from all suits and actions, including attbmey fees and all costs of litigation and :judgements of eveu name and &script[on ~ising out of or incidental to the performance ~fthi~ COntract or xdork perfO~ed ~e~under. . This provision shall also pe~mn to any claims brought against the City by ~y employee of the named Contractor, an3 Sub-contractor. or anyone directly or indirectly employed by any of them. The Contmct~r's ob[i~fion Under this provision shall not be limited in ~y way by the a~eed upon conmact or ~e Contractor's li~t of or lack of sufficient insumce protection Note: The $I0.00 indicated above is considered to be the first $10.00: of any amount of money received by the successful bid/ter, due to work perf°rmedlby the City. Ah'additional/separate $10.00 is not required. PART I (G.A.L.A. FOOD CONCESSIONAIRES) BID SPECIFICATIONS FOR :~- G.A;L..-k. FOOD: CONCES~IONA[RE ,lease place an (X) on the blanlc hne next to ~h ~tem ifa sp~fficauon ~s met. tf excepuon ts taken (alternatives), bidder mUSt explain using-i~ SOl~hrat~sh~t'hi P~ii~! Bidder must 'submit speomcafi0ns "C~xe~k Off" sh~t~: ~h~th:.~he ~posa] shOet in~order~f~:~a l~ia t0:b¢~e0nsidered. ~he City 6fB0~tOn Beach is accePfihg bids from interested Coneess~C~nm~e~s tO ;aSsume responsibility for implementing the:"Ta~e of&A.L.A." food concessi0~ ~r~ti0fi f~o~'~he 1999 G~eat .~¢rican L0~eiAffair (G,A.L.A~) Art: ar[~d: Cu_l ~.m~ 1 Fes.ti~ai;~0gs~ored~:by.ithe Gity ~f,t3~ton Beach 15n: 'IVlar~h 1~3;.2¢, 2!~;t999., The Conc~onake awarded the contract shall aSsume·all food mdbeverage rights ba/sed on the follo~ng ~li~t of specifications: x Cgnossmnaire ~, ,responsible fo~ all food vendgr site planning,, booth consmiet~on5 set,up,:clean-up aged steam clean cooking area att~ the event x Concessionaire will provide professional food vendors offering a variety of menu items to sufficiently serve an expected crowd of 40,O00 persons over the 3-dayperiod of the festival. With G.A.L.A. Committee approval, the Concessionaire may, tn addition, utilize snack carts to supplement vendor stands. x Concessionaire will provide between five (5) and ten (10) local, non-profit organizations to sei~e as food vendors. x The G.A.L.A. committee shall provide a roster of such organizations who have previously participated and who shall be.given f'u'st fight-of-refusal privileges for 1999. The non-profit organizations (excluding any organization bidding on this projectl shall retain 100% of their gross revenue and their entry fee shall be $125.00. x Concession shall contract for ice service for all concession operations. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 1 Bid Specifications continued ........ __ Concessionaire will pay the City 100% of the non-profit entry fee and provide a complete listing of all entries and ~the total of listed entry fees collected. Concessionaire Will serve beverages such as hot cocoa, coffee and lemonade. NO SODA, WATER, JUICE DRINKS, ICE TEA, or SPORTS DRINKS. Due to Sponsor agreements, the GALA Committee reserves the right to designate the product/brand sold. ConcesSionaire will provide fi~een-(15)round picnic tables, sixty (60) chairs, fifteen (15) Umbrellas as indicated below: Food Court Area: 15 round picnic tables 60 chairs 15 umbrellas Concessionaire shall pay the Ci~ a minimum flat fee of $12,500 in cash. Twenty pement (20%) due upon ~e bid ~award by Boynton Beach City Commission and ~ighty p~'eeni (80%) due~0 leter than M~rch 12, 1999. X Will lend, free of charge, non-food use of th pole tent, with for 150 p~rso~s __ In addition, please list anything else you~ could provide, in-kind or cash, to be considered in this bid evaluation. 15 white lO'xlO' wkite tents for the 5 white picket fences; 1 20'x30' if desire~; free coffee & denis will be red, white & blue to Concessionmre shall be av~la~b!e.,to meet with the G A.L.A Committee to discuss --program format or any other p~rtinent information. x __ Concessionaire shall assume~ ~th~4responsibility for all permits for all food vendors as required by the Palm Beach County Health Department. X ConcessionaiLe shall provide ~list Of potential vendors no later than February 19, 1999, along with a.sample~men~ for'the Committee's review and approval. X __ Concessionaire, s shall procure ~d maintain for the duration of the agreement 'insurance against claims forlinj~s to persons or damage to property that may arise from or in connection with tg~ qoncessionaire's operation The cost of such tnsurance shall be borne by'thei;Concessionaire THIS pAGE TO BE SUBI~D ,ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE C0~SIDERED COMPLETE AND ACCEPTABLE 2 Bid Specifications Continued ..... a. Worker's Compensation: If Concessionaire falls under the State of Floridas'Wbtker~Compen~afibh.~Law;C°Verage'shall be provided for all emplOYees. The 9overa~ shall be for Statutory limits in eom?nee With the ap~:ii~abi~?~te~md-federal ~laws,~ The policy mus~ in~iude'E~t65~ Liabii[ty W{th a ii~t of $100,000 each · accident. b. Comprehensive G~ral Liabil!~: C9ve,,ragg ~I be provided for all employees.~ The coverage~l~alt ~~, ; ~ ~f~ limitsm comphance_ with the app li¢ a*/3~ S~ii/:an~,'f edera ~:'ia,~: ) ,-Thi/i~olicY must include Employe~iLiaUility':w[th a l':~nu~,~ii~:$iBO~OOO:e~ch accident. Co THE POLICIES Lim~tg;of!~erage st~all be based on the op~r~ation and exposure at hand~ ~mum aCceptable::¢overage hmxts shall be $1,000,000.00, Business, Auto :P0iigY: N0t::r~Uired unless'there is a specific relafionstfii~'to'tli~0~ ~tra~t.' if f~UireCh the ~akn-e limits listed under Comprehens~¥e ~gffi~'~L~a~.~',tlity shall apptg, Th~s shall include Ovmed Vle cleS, tt ed and Non-owned Vehicles, and Employee self- At its Officers, shall and related expenses. TO CONTAIN e. The Ciw of Bo~on Beach, its Officers, Officials, Employees and Vo! ,unl[~e~ls!ia~!~.!~c:l~ded as an A~ld~no~l Insured on both the Co~f~hellsi~ciQei/e~l ;Liabili~ and Business Auto Liability PolicieS. T~a~e c~0~ge Shall c0n~tain no limitatilons on the scope of pmtectlor/!~T6i'd~ t~}_the~Clty~ its;Officers; EmPloyees or Volunteers. £ An ap~fifiat~. H6~d~H~less Cl~e shall be included: NOTE: If it is ddt~r~a~: F~f[/~C[~ Mahiiger that the p~hasing of insurance is not required~ th, e,,iuSer NIUST st!Il iign an aPProved Hold Harmless Cla~.~e rel~evingltt~, Cie of any and all l~gal liability. THIS PAGE TO~I~:~? g~-!}~}'!, ~'~,j p,,ROPO~AJ~ ~:IN ORDER FOR BID PACKA~!*~(~ ~ C~:I~'D !CO~LETE A~-D ~CCEPTABLE 3 Bid Specifications Continued ....... go Current, valid tnsurance policies meeting the reouiremems herein identified shall be maintained during the duration of the named project and shall be endorsed to State that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage o~ in limiis except 'after thirty (30) da½s prior written notice by Certified mail, remm receipt requested, has be~n given to the City. It shall be the re~sponsibility ofthe Concessionaire or insurer that all Sub-IeSsees/U~e~compiy With th~ same ihsur ~anc:e requirements.that he is required to meet Concessionaire shall inform his insurer to furni of Boynton Beach, Certificates of [usu Endorsemen~ ~r and Endors6m~ authoriz6d by'l corres~pondence ~ receix;ea and gpr City' 'reServes :th. insurance p01icie eting coYerage r~equired wi] for .insuranc~ po~ii;ies it hsurer tO bimi c0verat playing insuref:s letterhead. vea by the Cityib fore aai, at any time. ~h, directly to the City · ance with original hin. The Certificates he signed by~a person e on its transmittal Certificates are to be itY.,e0nm',ences. The opies oftall required Concessionaire's insurance coverage: ~hall :be primgry insurance as re. ect to the City. its Omc , ofnai gmPioye hd V oimeers. Any insurance o~.self-insurance m~,ain~d by the City shall be excess Of the Concessionaire's insur~ce and shall no~ co~atribute to IL X .The City of Boynton Beach reserves the right to renew~this.~ontract for one(l) year, with vendor approval, for future G.A.L.A.'S. X __ Concessionaires shall provide to the City, as a pan of the bid, a list of festivals, fairs, ka~vd shows ,(incl_u ~ding prior G.A.L,A. food and beverage expe~ence) for which they e servea as concessionaire in the past four (4) yearn to inc!~de the name, address and phone number of the person Or persons with whom they have contracted. Concessionaire will submit a themed design plan for approval bY G.A L A. committeeby February 19, 1999.:The plan will include ~ layqut or plan, sketch of theme element and colBr swatches or chips (or photograPhs). Ail foo~l areas must be contained with committee approved fencing or enclosures. FTMoRB PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER BID PACKAGE TO BE CONSIDERED CO~4PLETE AND AC}CEPTABLE 4 (FOOD CONCESSIONAIRE) AGREEMENT .THIS AG~EMEN~ made, this, ' day of following: , between "CONCESSIONAIKE) and CITY tgree to the the food concession rights East Ocea~;Avenue between Seacrest Bl¥&, Boynton Beach?~ffto~;C~ordmg to the following conditions as .? p~lanning, booth construction, set-up, a variety of menu items period of the festival. in addition, utilize snack 32 .U ~'g!~0yide between five(5) and ten (10) local, non-profit organizations - '~t~.~4~clc;~,~ A.L.A. conn'mttee shall ~rovtde a roster of such orgamzat~ons ~hii~fi~ ~ ~a~6ifitl/ed andwho sh~l be ~ven first n~t~f-re~al privileges for 4. The non-profit organization,s (excluding any organization bidding on this project) shall retain 100o/~'0 f th6ii;~ rev6riii~' ~d their entry fee shall be' $125:00. 5. CONCESSIONAIRE shall contract for ice service for all concession operations. 6. CONCESSIONAIRE Willpay the C!TY 100% of the non-profit entw fee and provide a complete listin~!6f'~U ,efit~"s and'~th~ total of listed entry fees Collected. 7. CONCES~SIONAIRE will serve beverages such as hot cocoa, coffee and lemonade. No juice drink~. I~0 s6d~. iNOwat6r. No iced tea;!Nd sport drinks. Due to SPonsor agreements, the G?A.~[A:'commit~ee rescues the right to designate the pi'oduct/brand sold. 20 ¸. CONCESSIONAIRE will provide fifteen (15) round picnic tables, sixty (60) chairs, fifteen (15) umbrellas as indicated below: Eood Court Area: l 5 round picnic tables 60 chairs 15 umbrellas 9, CONCESSIONAIRE shall pay the CITY a minimum flat fee of $12,500 in cash. Twenty percent (20%) due upon the bid award by Boynton BeaCh CITY Commission and eighty percent (80%) due no later than March 12, 1999. 10.~ ad~tiom ¢leaselistan~hingelseyoucouldprovide, in-~ndorcas~ ~ beconsidemdin this bidevaluation. Will lend, free of charge, 15 white lO'xlO' white tents for the non-~ooO' use pole teat ree coffee & danish theme. 11. CONCESSIONAIRE. sha};l be available tO meet with the G.A.L.A. Committee to discuss program format or any other pertinent information. 12. CONGESSIONAIRE shall assume the responsibility for all permits for all food vendors as reqUiredby the Palm Beach~ County Heal~ DePartment. 13. CONCESSIONAIRE shall provide a list of potential vendors no later than February 19, 1999, along with a ~sample menu for the Committee%~review and approval. 14. CONCESSIONAIRES shall procure and maintain for the duration of the agreement Insurance agalnstclaim.S for inj~es topersons or damage ~to property that may arise from or in connection w~th-the CONCESSIONAIRE S operation. The cost of such msurunce shall be borne by the CONCESSIONAIRE. Worker's Compensation: If CONCESSIONAIRE falls under the State of Florida's Worker's Compensation Law, coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable state and federal laws. The policy must include Employer's Liability with a limit ot:$100.000 each accident. Comprehensive General Liability: Coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable :state and federal laws. The policy mns[ include Employer's Liability with a limit of $1,00,000 each accident. Limits of coverage shall be based on the operation and exposure at hand. Minimum acceptable coverage limits shall be $1,000,000.00. 21 THE Business Auto Policy: Not required unless there is a specific relationship to the contract. If required, the same limits listed under Comprehensive General Liability shall apply. This shall include Owned Vehicles, Hired and Non- owned Vehicles, and.Empl0yee non-ownership. Deductibles and:~,S~e-lf~Insured Ketention: Any deductibles or self-insured retention must be deClared to and approved by the CITY. At the option of the CITY, either the insurer shall mduce0r eliminate such deductibles or self- insured retentioni~;'~S' .P~ ~iS ~i~ CI;TY, its Offi~e~s, officials, Employees or Voiu~.teer; or th~'~, G~SIQN~RE sh~! pr/°~ ~ure..~i~ond guaranteeing payment Of 10sse~ arid i:elate2t ~i, fl¥~ la/~s ~nistr~tion and defense expense~ THE Currem;, V~ld m ~s~u~:an~e, pptic~es,meetmg!~ttl~req!!~rement, shall ~be maintained endorsed t* stat~a;~fage by eider party, ~du~,ln~cS~v~ milma~u ~x~t~ pnor~kvri~ notice by;!~emfied m~t~temm.i, ec~ptr~ue~t to the CITY. Th~'~i~,0'[ ~yr~ t~ii ,;Beach,~,J~ts Offi~rs, Offilcialsii~ E~plogees~ and eovergge Shall c~tmn no hmaau0~ on the seop0 ofpmteeti~ ~forded to t~-C[~,a~Office~Employees,~ Vol~ee~~, ~ ,:, ~,~- ', ~ appropriate ~old g~less Chine ~1 be i~q[O~; ~OTE: If it is detemm~ by ~e C~m ~a~e~'that t~e:p~ch~mg 6~6e ts not requ~ed~ the ~:~S~, s~!I s~ ~ ~ppro~t~'~ s Clause m~evmg the CIT~ ~f~ ~d ~1 ;leg~ ~abihW. ~ein. identified : ~d.shall be i Or:c~*elled ~-~30) days s 3~n ~ven It shall be the responsibility of the CONCESSIONAIRE or insure that all Sub~lesseesFUsers comply with the same insurance reqmrements that he is required to meet. CONCESSIONAIRE shall inform his insurer to furnish, directly to the CITY of Boymon Beach, Certificates of Insurance with original Endorsements affeefing:coverage required within. The Certificates and Endorsements for insurance policies are to be signed by a person authorized by that insurer to bind-coverage on its transmittal correspondence displaying insurer's letterhe~id.. Certificates are to be received and approved by the CITY before activity commences. The CITY reserves the fight to require complete copies o fall:required insurance policies at any time. 22 CONCESSIONAiRe'S insurance coverage shall be primary insurance as respect to the CITY, its Officers, Officials, Employees and Volunteers. Any insurance of self-insurance maintained by the CITY shall be 'excess of the CONCESSIONAIRE'S insurance and shall not contribute to it. 15. The CITY of Boynton Beach reserves the right to renew this contract for one (1) year, with vendor approval, for future G.A.L.A.'S. 16. CONCESSIONAIRES shall provide to the CITY, as apart of the bid, a list of festivals, fairs, and shows (including pfiorG!A:L.A, food and beverage experience) for which they have served as CONCESSIONAIRE in the past four (4) years to include the name, address and phone number of the person or persons with whom they have contracted. 17. CONCESSIONAIRE will submit a themed design plan for approval by Q.A..L A. Committee by February 19, 1.999. The plan will ~nclude a layout or plan, sketch of the~r~e element and color swatche~ or chips (or photographs). All food areas must be contained with committee approved fencing or enclosures. 23 IN WITNESS WHEREOF, The parties hei'eto have caused this agreement to be executed aa ofthe day and year first above,written, in on (1) counterpart of which shall for all purposes be deemed the original ATTEST: CITY OF BOYNTON BEACH PALM:BEACH COUNTY, FLORIDA CITY CLERK (CITY SE~) MAYOR ATTEST: PRESIDENT-SECRETARY TITLE CONTRACTOR AUTHORIZEb OFF'I~ER (COP. PORATE SEAL) CONTRACT DOCUMENTS: Approved at to correctness and form: CITY ATTORNEY 24 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENT ITEM B.5 Requested City Comrcfission Meeting Dates [] November 16. [999 [] December 7. 1999 [] Deeember2l, 1999 [] January 4, 2000 Date Final Form Must be Turned in to Cit~ Clerk's Office November 3, 1999 (5:00 p.m.) Novemb~ I7. 1999 (5:00 p.m.) December 8, 1999 (5:00 p.m.) December 22. 1999 (5:00 p.m.) Requested City Corrmaission Meefin~ Dates [] January 18. 2000 [] February 1, 2000 [] February 15. 2000 [] March 7, 2000 Date Final Form Must be Turned in to City Clerk's Office JanuaryS, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p,m.) Febraary 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION:A motion to award the bid for "SOUTH CONGRESS AVENI. TE M~DIANS #S-Il - #S-18 LANDSCAPE AND IRRIGATION (PHASE #5 - 1999)" to SIGA, INC. in the amount of: $104,904.00 "SOUTH CONGRESS AVENUE MEDIANS #S-11 - #S-18 LANDSCAPE AND IRRIGATION (PItASE #5 - 1999¥' BID#019-2730-00/CJD. The Tabulation Committee recommends an award be made to SIGA, INC. of Davie, Florida with a total bid price of: $104,904.00. Procurement Services requests Commission's review, evaluation and award approval. EXPLANATION: The purpose of this bid was to secure a price m install landscape and irrigation in eigh[ (8 medians of South Congress Avenue between Golf Road and Ocean Drive in Boynton Beach, Florida. On December 16, 1999, the Procurement Services Division opened the above mentioned bid and received seven (7) bids. The lowest most responsible, responsive bidder is SIGA, INC. meeting all terms and conditions [see attached memo #00-05) from John Wildne~_ Parks Director PROGRAM IMPACT: FISCAL IMPACT: BUDGET ACCOUNT #: BUDGETED AMOUNT: 001-2730-572-63-10 GRANT AGREEMENT W/PBC: $64,404.00 $40,500.00 $104,904.00 ALTERNATIVES: Procurement Services Deparfment Name ~r's Signature fi// Cit~ A~/fft'n'~' / F/nfince / Human ResoUrCes JOHN WILDNER - PARKS DIRECTOR KEVIN HAL~ - ENVIRONMENTALIST/FORESTER FILE RESOLUTION NO. R00- A RESOLUTiON OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH; FLORIDA, APPROVING THE AWARD OF A BID FOR THE SOUTH CONGRESS AVENUE MEDIlqNS .#S-ll - #2-18 LANDSCAPE/IRRIGATiON (PHASE #5- 1999), TO SIGA, INC..; AUTHORIZING AND DIRE(.~zNG THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND SIGA, INC., IN THE AMOUNT OF $104,904.00; AND PROVIDING AN EFFE(. ~ WE DATE. WHEREAS, bids were opened on December 16, 1999, b~ the Procurement Services Division and SIC, A, INC., whs selected as the most complete and responsive bidder who met and exceeded all specifications; NOW, THEREFORE~ BE Z? ,RESOLVED BY THE CZTY COMMZSS~[ON OF THE CZTY OF BOyNTON BEACH, f~LO~DA, THAT: Section 1. The City Commission of the City of Boyntqn Beach, Florida, .:reby appl-oves the award o~ a bid. for~the South Congress Avenue, Median~ #S-ll - 5-18 L~ndsc~p~/Irriga~Qh (Pha~e #5 -:~999), in the amount of $104,900.00, and Jth0rizeS th~'~ayor ahld City Clerk 'to :execute an Agreement between t,,h.,e,, City of loynton Beach a~d SIGA~ Ibc., a co~y of Which is attached hereto as Exh bit A. .000. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this __ day of , CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Reso\Bid Award - SIGA - 1999 CONTRACT THIS AGREE1VIF~.NT~]made~ and,~red ~ ~s i/: ~'- .day of-~' ~ , A.D. 19 , by and be~.~ ~n th,e, CITy:OF.BOrON ~BEACH.; a municipal.?9orporation of Florida, hereinafter catle~t th~"Cig ~and.S~GA;'INC a Florida CorporatiOn. ~,:, ) ~ '~, Check One a Florida General Parm~skip a Florida Limit~ P ,.~ner~ip ( ) hereina~er ca!}ed '?CONTRACTOR". WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for ~the pm-form0nce of'work and supplying materials, hereinafter desgribed, and said CommisSi0~')~kvi~g Canvassed said bids, had d~terminecf'that the bid in ttle t6tal amount of One hfindred anti fora' thousand~ nine hundred and four dollars and 00/100 submitted by the afOremeniSbned .CONTRACTOR was the'best' and most desirable~ bid submitted, and has authorized'th~ execution 6f 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 1.1 The 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 CONTRACTOR, dated December 16, 1999, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, e~c., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: "SOUTH CONGRESS AVE. MEDIANS #Sl1-#S-18 LANDSCAPE & IRRIGATION (PHASE #5 - 1999) Bid Number: #019-2730-00/CJD City of Boynton Beach, Florida, all of which are ~ncorporated herein by reference at such unit prices/or lump sam prices as specified in CONTRACTOR'S bid totaling ($104,904.00) ONE HUNDRED AND FOUR THOUSAND, NINE HUNDRED AND FOUR DOLLARS AND 00/100. c-1 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary toc0mplete-said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid2 contract documents and specifications for the project. 2.2 All the w6rk and labor performed under this contract shall be performed, and all of the material fiJxnished shall be, in strict conformity with said plans and specffieafion~ and CONTRACTOR accepts and consents to the conditions contained in sa/il ptans,and spe6ificafions and expressly agrces to comply with every req~emeht an& stipulation, therein contained to beperformed by the party donfi:actihg to do said Wor-l~. 2.3 The CONTRACTOR further a~eesto furnish all tools, equipment; materials and supplies and to do all the work above mentioned in a first-class, substantial and w~kmfin~ike maimer; and :in conformity with the detail for said~ work on file in ,~:nCeri~ pC~ta~Ys~;t~Cta}leY ~;~°rrde~le;;~ittoh tanh~ ~:~?a~t~ tihne ~C~e°~ ~ eth ~w iC~t Yt hCe° ~fie ~st ~°n~ Which may be g~'ven 15y ~h~ City Manager or his authorized regresentative, at and f~r the priCe~ herein plainly ~et' forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materia}s which.may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necossary eorrebtions within t~Ln (! 0) days of receipt of the ~a~ritten notice. 2.5 To comply with the provismns of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release Of liens forms fi:om all subcontractors and suppliers 0f materials. Forms tO be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all mbbigh, 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, fo~ use, leaving the same in a neat and presentable condition. c-2 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 sati~faqtory to the CITY. · 2~8..The CO.NT~CTOR shall a~alI times.~ohse~e an~c0mply W}.i~.the..provistons of the charter, (~rdih~n~ees; 'co~!ei~ and ~e~ti~:;f the city;~)f. B~nton Beach, 2.9 Upon ~atis~y himself, by i~ a~ordance with the 2.10 catch defects the 3.0 2.11 The :.~NT.R;&. ~CTOR will be :held resP0n~sible for the: care, protection and c~and~ti~;:¢~ a.!~ gro~k un!il fina} 9ompl. efion and: acceptancei thereof, and will be r~c[~d~I~o.~e~ g6od at his om'cqst:a;oy damage or ~njm'7 Pccurring from any. cause. COMMENCEMENT OF WORK 3.1 CONTRACTOR 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 project within 90 days following the commencement date as specified in same. 3.2 Time,.is the essence of the contract. In the event the CONTRACTOR shall, fail in t~e performance of the work specified and required to be performed within the time tim[t :set ~forth in the, contract, after due allowance for any extension or ~xtensions 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 special conditions or in other C~3 documents for each and every calendar day that the CONTP~CTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages fi'om any mount due, or that may become due the CONTRACTOR, or m collect such liquidated damages from the CONTRACTOR or Iris Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify -City Engineer in writing of names of subcontractors proposed~ for principal parts of work, and for such others as City Engineer may direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The 'CONTRACTOR further agrees to pay $250,00 per day as liquidated damages, for failure lto begin ~within ten (10) days. of ,Notipe to Proceed" or failure to complete the ,work Wit~a ~90 calendar days from the, commencement date to be indicated in the writt~n"Notice to Proceed". 5.0 PROTECTION O1~ EXISTING FACILITIES 5.1 The CONTRACTOR wan:ants that prices include the protection and continuous use of all existing soy(ers, condpits, d~ains, pipes, buildings,,walks, bridges, guard rails and other construction enqountered, and the prompt repairLng of any damage done to them during the progress of the work, or from insufficient support thereafter; ,also ail the ftlling, backfitli'ng~ tamping, ramming, puddling and consolidating; t ait ] :; also the materials a the detailed plans and s including all expense discontinuance of the of all rubbish and smplus material; also of all excavations, incidental to the of all necessary labor, tools, equipment, the~ :mance, ~f 1 te whol, work mentioned ~n necessary to give a finished result, and m or ~n consequence of the suspension or with each and every one of the requirements df the contract and for the mainte, nance of the entire work and constmctioh in good ~e°nditfon and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, su'uctures, wa~er mains, sewers, utilities, etc., both abgve and b~low ground, at or near the sitegr sites of the work being performed under the coritraet, or which are in any mamaer affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written no'ace ~n advance to the department of th~ CITY having charge of any property o~ utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected byl the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner C-4 6.¸0 7.0 or oa-ners for the removal and replacement or protection of such property or utilities. :INDEMblIFICATION ~:~ 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents', servants, and employees from and agains~ any claim, demand, or cause of action 0t~wh~soever ldnd or nature arisingout ofierr0i~, 6miss!o?~r negligent~' act of CONTRA~C~OR, its; .age~; .servants~ or ~mPlo~s,.i' th~ ~perfo~ce of servifies,~mderthisAgreeme~at.:i , _~ :.~ - : ~ 6.2 agems, and f. caused in has be 6.3 6.4 as well , contained in this; mrate and The obligation ~of~.he CONT~RA, G~0R, to:indemnify the C1T¥ iSinot subject to any~offset, ~tau,o~)~? defense~as'~[esult of any insuranCe-proceeds available to eithertheCITY:or~e'CONT;~TOP,: '~ : ; ::,; : : PAYMENT BY CITY 7.1 The CITY agrees t~ pay the CONTRACTOR in current funds for the performance of the eon~act, subject to additions and deductions as provided in the specifications. c-5 8.0 CHANGES IN THE WORK 8.1 The 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 accordingly~ Al/. 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. 8.2 All 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. 8.3 The 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 1 Any .change order has to be recommended by the City Manager and officially approved by the City. Commission before an3~ steps are taken to implement the change order. 8..3.2 Should 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 cdnstrued as an acceptance and agreement by him that any such work is ree~uired under the contract and no future claim for extras will be considered'.or, allowed by the CITY. 8.3.3 No claim for extra work~ will be allowed unless and until authority for same by written Changeiprder has been obtained from the City Manager or the City Commissi6n of Boynton Beach, if necessary, which authorization will be'signe: d by the Mayor 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following proo~dures shall become a part of the Contract by a written Change Order. 8.3.5 Information 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 Representatave. w~th full explanattons and justfficat~ons for his consideration in preparing a Change Order to the Contract. 8.4 The value of any change ordered under the Contract for extra work and/or any reductions m work required, shall be determined under one or more of the following procedures before a w~tten Change:Order is issued: c-6 8.4.1 By such applicable unit prices, if any, as are set [orth in the Contract except in those cases where ~ncreases in quantities exceed fifteen (15) percent 9f the original bid quantity: and the total dollar ch,.~ge of that bid . ;;~item is~signifi~anti'~ ~e opilAnt! O~:the Eiigineer, .th~: ~t~,~ce shall be subject to:review m;determin~ ff aneW urtit price'should b~ negotiated; or 8.4.2 If no such mt priC~s, are,~et forth,Ahen~By a !rap sm. or~ 0~her unit prices mutually agreed upon by the CITY and the CONTRACTO~ or rate of wages tO be · each or, total .8.4.3.1 The COINrl;RACT~g shall submi~'t S~ffieient,xost and pricing data . to ~enable; ~e .!~g~ne~,r :, t9 ,ic!~me,,d.the necesstty and reasBnal~leness ~(e~[atifi?~tmts ~se~l and the allowablhty and ~elig4~i~ty of"c~m ~aposed, 8.4.3.2 Th, ~C~ONTP,~¢~,,slmli~ih~e~ an: aceo~ng system whch accq~ts for such cgSts i~ acc0r~ce wi~ gmerally accepted acc0~mg., pnne~P[~s . ~ls;. ~ystem-~ s~t prowde for ~e ~dentlSea~on~_ ~ .~ ~ ace~on, ~d. se~ega~on of allowable ~d ~alrowa~ie~ C~der costs 8.4.3.3 ~ere it is indict¢~ ~m ~e ~n~agr is Fed~ly or State ash~d~ ~he~ CO~C~OPd$ mteg6o~ .is d~ected to ~e ~pli~a~le,:r~r~¢{m~ ~re~a~e. to,~,eost pnnclples whmh must~be reed for' ~e d~te~n~Oa: ~d~B~abiSW of cosu ~der 8.4.3.4 In no case :shall :fi-ingg benefit.,costs on direct labor costs exceed forty (40) l!ement of direct, lhbof dosts. . 8.4.3.5 In r~ocase shall the CONTRACTOR 'and Subcontractors' general ~hVe~head and profi~t in the aggregate exceed fifteen (15) percent of e tot,all ~s~ ~ ~rect la~6ri~fringe benefits, direct overhead, marsala, !st~pptie},~ equipm, ent and direCtly related services supl~lied by tam..Am0~g the :it,s,considered as general overhead are bonds, insurance, incidental job. burdens, supervision and general office expenses. Co7 9.0 8.4.3.6 In 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.?-For special equipmer~t and machinery such as power driven pumps, concrete nmxers, tracks, 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 pubh'shed by the Eqmpment Grade Book Company m the BlueBook/"Rental Rates for. Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be remewed at the end of each day by ~he CONT~RACTOR and the Engineer. Such daily records shall clea~ly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily ! r~cords shall be made, signed by the CONTRACTOR,~nd the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CgNTRACTOR upon certified statement supported by receipted bills: Such sta~.emems shall be submitted for the current contra~t payment for the month in-w~ch 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 o£ the first estimate after the work is completed. PROJECT ENGINEER 9.1 The project engineer shall be FORRE STERfENVIRONMENTALIST. KEVIN HALLAHAN, 9.2 The 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. 9.3 As 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. c-8 INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehic!e¢ and pr0pertydamage insurance, acceptable to the CITY, covering the work contracied and all operations connectS6 herewith, ~d when~,2er~ guy of-the work in the contract is to,~be sublet, CONTRACTOR S cqn~gg~!t or-pr~t~ve, liability and pr0perty ~age insur, ance. Such insurance sl~a!!~_'-l~p.vi~e: limits~; ~0t le~s} th,an, ;~0se set: forth~0n the ~nsu~ance requirement schedule attached as:Attachment 'i A i 10.2 11.0 10.3 11.1 ro prevent the ~slCode as they ' loud or ~0 A.M., in case of All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided: for herein; if the CONT1L~.CTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditom; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certifyin 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 con~ract; if the work be not-fully completed within the time named for its completion or within the time to which such completion dare. 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 m terminate the contract for the CITY and C-9 if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take su6h 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 d~clare the contract tenninated on the effective date specified in such notice, or any date subsequent flaereto. In the event of suer 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 f~feit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and lhe .Surety shall within ten (1.0} days of receipt of said notice remedy the default or'the Surety shall as expeditiously as possible: 12.1.1 Complete the contract in.accordance with its terms and oonditions, or 12.1.2 Obtain a bid or bids. for completing the contract in accordance with its terms and conditions,: and upon determination by Sure,ty and the CITY of the lowest responsible bidder, make available as.work progresses (even though there should be a default or a succession of defat~lts unde~ the contract or contracts or completion arranged under this paragraph) ~ufficient fimds to pay the cosl 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 13.1 The 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. 14.0 TIME OF ESSENCE 14.1 Inasmuch as the provisions hereofi 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 unprovement in accordance with a predetermined program, all SUch time limits are of the essence of the contract. 15.0 REMEDYFORDELAY 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, or delay C-10 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 : ~CDNT~RA~TORr in~ ass0,ciafi0n ~ith!,ar~Y Ztelay in the project eaim~d by an act or - · '.~ omisgion~ftheCITY, itSagents:or,employees:'~ ~.2: ~ailgre_on ~:.part. of CON~CTOR::,to ti~me~ ly p roce,ss a request for an ~; . :e~t~ion :~of~,fime to. ,e0mplete/~. wo~ :shall:-coits/~te ';a waiver by ,CONTRACT~_~-~tCO~CIX)R sh~'be.:held. X~:spOq~Sibre !~or completing 15.3 Ail reqpests for ?st~n~i0n of ~e ~? 90mp~lete the work shall be made in 15.4, For the,purpose of Itds:se~etion Ih~e pbxase:~'~e CITY, its agents and employees" ~: Shall ,include but~,shall n~&e,~inited~ m'ithe~arch/tect, ~project manager and consulting engineers. ,: C-ll IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, 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. Signed. sealed and wimessed in the presence of: CITY OF BOYNTON BEACH~ FLORIDA Mayor Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: Contractor President or the Vice President Attest as to Contractor C-12 State of Florida County of Palm Beach ) ) s~s~ Personally appeared before me duly authorized to administer oaths to me known to be the persons described her~n anc~ who ~xecuted the forego~mg !nstmment and baye ackno~edgejd before_me and they have executed same. Notary Public My Commission Expires: 1/15/96 nc C-13 ****LO~WE.~ST, MOST RESPONSIBLE, Bill Atkins, Deputy Director of Financial Svces. SOUTH CONGRESS AVENUE MEDIANS #S11 -~S18 BIDDER WHO MEETS ALL SPECIFICATIONS Kevin J~ H~llahan, Environmentalist/ Forester LANDSCAPE & IRRIGATION (PHASE #5 - 1999) "Offem from the vendors listed herein are the only offers BID OPENING DATE: DECEMBER 16, 1999 'eceived timely as of the aoove receiving date and time. BID OPENING TIM E: 2:00 P.M. A~ other clefs subm tted n response to th s so c at on BID #: 019-2730-00/CJD ********** if any. are hereby rejected as late" VENDORS 51GA, INC. · SUNNYLAND IRRIGATION MARK TOMBERG, NC ~500 DAVIE ROAD 3114 45T'H STREET 5299 LANTANA ROAD 3AVIE, FL 33314 WEST PALM BEACH, FL 33407 LAKE WORTH, FL 33463 1954) 577-9662 (561) 686-2400 (561) 433-9582 - %TTN: SAMUEL K. SIGARS ATTN: EWADE HORNSBY ATTN: MARKTOMBERG TOTAL PRICE $104,904.00 $115,987.00 $159,391.33 LANDSCAPE SPECIFICATIONS $65,278.00 ' $43,072.00 $81 011.35 TABLE #1 ) - - * 26. ' IRRIGATION WORK (TABLE #2) $39,6 6.00 . $72,915.00 $78,3.79.98 kDDITIONAL COST TO INCREASE UNKNOWN AT THIS TIME 0 0 LIABILITY & AUTOMOBILE INSURANCE 5% BID BOND " THE MOUNTBATTEN SURETY PREFERRED NATIONAL INS. CO. PREFERRED NATIONAL NS CO coMPANY, INC. STATEMENT OF BIDDER'S YES YES YES QUALIFICATIONS SUBMITTED ~ ITE~ CTrON NO - NO- - ' NO CONFIRMATION SUBMITTED ANTI-KICKBACK AFFIDAVIT YES YES YES SUBMITTED NONCOLLUSION AFFIDAVIT OF PRIME YES ~ YES YES PROPOSER SUBMITTED SOUTH CONGRESS AVENUE,MEDIANS #S1'1-~S18 L-~A~D~.~PE__& IR.~!~IO~ (~.HA~_E .#5- 1999) BID OPENING DATE: DECEMBER 16, 1999 BID OPENING-TIME.'- 2:00 P.M. BID #: 019-2730-00/CJD :*~c;ei,/ed timely as qft.~?~a?~ove receiving date and t~me. All otller offers subl~itted iR-response to this soltCitat on if any. are hereby rejected as late" ~7~[I~(~-R~~--~--~::-~ ':~-:-: .......... ;-~-' ~ , , I . - - ~NN ]~AND I ~ATION . ~RK TOMBERG, INC. 5500 DAVIE ROAD )114 45TR STREET ~9 LANTANA ROAD DAVIE FL 33314 NEST PALM BEACH, FL 33407 ~KE woRTH, FL 33463 ......... ..... ~ ..... .............. 9~-)~96~ ........ '561')~686~400~-~' ................... ~6~:~.).~433;9582. ~L'.~: ~N: SAMUEL K. SIGARS ~N: EWADE HORNSBY A~N: MARK TOMBERG SAFE~ PROG~M COMPLIANCE .-- ~ , -~E~ ................. .~E8 ...... ~, , ~ .~. : ,.YES: CONFIRMATION OF DRUG-FREE YES YES YES ~ORKPLACE SUBMI~ED CQNFIMATIO~ OFMiR~RIW OWNED FORM SUBMi~ED/NOT A ' FO~M S0~'I~ED/NOT A ' FORM ~UBMI~ED/NOT A BO~NES~SUBMI~ED:--:= .............. ['~ MINORI~OWNED BUSIN ESS-~ "MINORI~;'~WN ED~'~SINESS~- CoMmENTs 1 COPY SUBMI~ED ' ~ ~OP~.S~BM)~ED 3 COPIES SUB~I~ED ........ '~-- ............ ~ ................. BACKUP-INPORMA-TION .................. SEE'NO~A~IONS .......... ........ ;":' *' :' ;: *SEE NOTATIONS , SOUTH CONGRESS AVENUE MEDIANS #S11-~S18 LANDSCAPE & IRRIGATION (PHASE #5 - 1999) BID OPENING DATE: DECEMBEF~ 16, 1999 E~ID OPENING TIME: 2:00 P.M: BID #: 019-2730-00/CJD "Offem from the vendors listed herein are ti~e only offers received timely as of the above receiving date and t~me. All other offers submitted in response to this solicitatlor., if any, are hereby rejected as late" VENDORS ADVANCED IRRIGATION, INC. CUSTOM CARE, INC. FLORIDA DESIGN IRRIGATION 109 REED ROAD 6560 E. F~OGERS CIRCLE 1326 S. KILLIAN DRIVE LAKE PARK, FL 33403 BOCA RATON, FL 33487 LAKE PARK, FL 33403 (561 ) 845-2220 (561) 997-0696 561) 845-1233 ATTN: WILLIAM FRAZIER ATTN: CAROLYN TRoCcOLO AT~Ni THOMAS H. CLARKE TOTAL PRICE $128,434.59 $144,983.63 $130,698.40 'LAN'DSCAPE SPECIFICATIONS $48,208.59 $60,712.14 $78,133.40 (TABLE #1) error in additions I-F~I~IGATi'ON' WORK (TAB L E #2) ' '~$80 226.00 ' $84,271.49 *$52,565.00 ADDITIONAL COST TO INCREASE 0 0 0 _lABILITY &AUTOMOBILE INSURANCE i 5% BID BOND CUMBERLAND CASUALTY & TRAVELERS CASUALTY & UNITED STATES FIDELITY AND SURETY'CO." SURETY COI~II~AN¥ OFAMERCA GUARANTY COMPANY STATEMENT OF BIDDER'S YES YES YES QUALIFICATIONS SUBMITTED BIDDER'S SITE INSPECTION NO ~ - NO NO CONFIRMATION SUBMITTED ANTI-KICKBACK AFFIDAVIT YES YES I NO SUBMITTED I NONCOLLUSION AFFIDAVIT OF PRIME YES YES NO PROPOSER SUBMITTED SOUTH CONGRESS AVENUE MEDIAN S #S11~S18 LANDSCAPE & IRRIGATION (PHASE #_5 - !999) '~Offers from the vendors listed herein are the only offers BID OPENING DATE: DECEMBER 16, 1999 BID OPENING TIME:--2:00 P.M. BID #: 019-2730-00/CJD I~f~:eiV~d timely ai~ of rthe above receiving date and time. ..................... AIl~Ot h~e7~ ~f f~¢~ ~13t3fflltt'~8 ih~'e~s~']3~E6 ~ ~ t ~ t hi § ~61[bit~tion. if any. are hereby rejected as late" ~/I~NDORS " ' ' · '~ ~DVANCED1RRI~ATIO~71NC.' .... f%TSTOi~YCARE71~I~:' .............. ~OR DA DESIGN IRR GATION 109 REED ROAD 6560 E. ROGERS C RCLE I-~2'6 S. KILLIAN DR VE .... LAKE PARK, FL 33403 BOCA RATON Fl 33487 ~E PARK, FL 33403 -(~-1~} ~4'572~0 .......................~56 f~9'~6~6'~ ....................... A~N: WILLIAM F~IER ~ ~3~;~~G,~OEO;~: ;,~, A~N THOMASH,CEARKE S~FE~ P'RO~M COMPLIANCE ....... YES '/'_ ' YES , ~:', ,': ' ~. :~ES ~ SUBMI~ED CONFIRMATION OF DRUG-FREE YES YES YES WOREPCA~E 'suB~I~ED' COMMENTS 1 COPY SUBMI~ED 3 COPIES, SUBMITTEB "L 300Pt~S¢SUBMi~ED SOUTH CONGRESS AVENUE MEDIANS #S11-~S18 LANDSCAPE & IRRIGATION (PHASE #5 - 1999) BID OPENING DATE: DECEMBER 16, 1999 BID OPENING TIME: 2:00 P.M. BID #: 019-2730-00/CJD "Offers from the vendom listed herein am the only offers received timety as of the above recelwng date and time. AIl other offers submitted in resoonse to this solicitation if any, are hereby rejected as late" VENDORS NU-WAY LAWNS, INC. 4930 COCONUT BLVD. ROYAL PALM BEACH, FL 33411 (561 ) 798-3892 ATTN: JACKIE KLUSMEIER TOTAL PRICE LANDSCAPE SPECIFICATIONS TABLE #1 ) IRRIGATION WORK (TABLE #2) ADDITIONAL COST TO INCREASE LIABILITY & AUTOMOBILE INSURANCE 5% BID BOND STATEMENT OF BIDDER'S QUALIFICATIONS SUBMITTED BIDDER'S SITE INSPECTION CONFIRMATION SUBMITTED ANTI'KICKBACK AFFIDAVIT ;UBMITTED NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER SUBMITTED SOUTH CONGRESS AVENUE MEDIANS #Sl 1 -~S18 ~A-N~DSCA-PE & IRRIGATION (P__H_.A_SE_#5 ~"Offers from-the vendors listed heroin am the only offers BID OPEN NG DATE: DECEMBER 16, 1999 ~receivetl timeiyas-ofthe above receiving date ~nd time. -BI.D-O,P-EN,I,i~G-TJ.M E;-2: 00-P_M ................................................ ,AII,ether-effe~-submitted in-response,to this solicitation, BID#: 019-2730-00/CJD if any, are hereby rejected as late" VENDORS-: NU-WAY-EAWNS7 INC. 4930 COCONUT BLVD. ROYAL PALM BEACH, FL 3341 ........ (561-)798~-3892 ATTN: JACKIE KLUSMEIER SAFI~T~-P"RO~ R/~M (~OMPLIANCE SUBMITTED CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED CONFIMATION OF MINORITY OWNED BUSINESS SUBMITTED COMMENTS HYDROSEED ~ $:045 PER SQUARE FOOT Submit Bids To: Mailing Date (City): Bid Title: CITY OF BOYNTON BEACH. FLORIDA BIDDER ACKNOWLEDGEMENT PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone 561-742-6323 NOVEMBER 8, 1999 SOUTH CONGRESS AVENUE MEDIANS #S11-#S18 LANDSCAPE & IRRIGATION (PHASE g5 - 1999) Bid Number: #019-2730-00/CJD Bid Received By: DECEMBER 16, 1999 NO LATER THAN 2:00 P.M. (LOCAL TIME). Bids will be opened in Procurement Services unless specified otherwise and may not be withdrawn within nin.e, ty (90) days after such date and time. All awards made as a result of this Bid shall conform to applicable sections ofthe charter and codes of the City. Name of Vendor: A Corporation of the State Area Code: ~]~'tt~ Telephone Number: Mailing Address: -~'2~'~ t9 City/State/Zip: "~ ,t-~k/t ~--- ~'/-. · ~ ~, ~ 1-4- Vendor Mailing Date: 1'2-/~ (O/~] ~ Certified or Cashier's check is attached when required in the amount of $ Bid Bond is attached in the amount of $ .A Authorized S~gnaturg/ Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA [ BID PROPOSAL ~-~ The Bidder agrees to accept as full payment for the: SOUTH CONGRESS AVENUE MEDIANS #Sl1-#S18 LANDSCAPE & IRRIGATION (PHASE #5 - 1999) BID # 019-2730:~00/CJD , as defined in These Contract documents based, upo~:{he Undersigned s own estimate of quantities and costs, the following total sum and Cents (moUnt written in ~vords hhs Precedence) The Total Sum amoUnt is based on as follows: Landscape.Specifications (Table #1) Irrigation Work (Table #2) Automobile insurance $ The undersigned bidder agrees to commence work within ten (10) caler~s after the date of the Notice to Proceed and shall complete the work within the time limits as follows: 90_ calendar days after the commencement date to be indicated in the written "Notice to Proceed". The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact :ompliance with the recluirements of the specifications and drawings. The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including ~he removal, relocation or replacement of any objects or obstructions which will be encoUntered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests: the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP t (Name of bidder, Corporation, Firm or Individual) By ~ signatuTr~ Printed Name Title Telephone Number Florida Contractor's License Number ~ ~ --~-..6~ 4 ~ (must contact Palm Beach County Contractor's Certification Division, (561) 233- 5535 to verify number is eligible to submit bid) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP 2 LANDSCAPE SPECIFICATIONS (Table #1) ITEM MATER/AL SPECIFICATION i ~Q'~'~Y~ ~: UNiT TOTAL NO. COST COST , . tar 1 Excavation ofpoor soil* Removal by machine~ 6": ~.:~//~,1 2.0~00~0 ~ ~ ~1~ 2 Disposal of poor soil ::~au~g ~om si~e~by machine~all soil re~ ; 2'07000 3 Backfill excavated geas Overburden, topsoil 4" ; ~,~ 20~000~T3 4 Traffic control silage Ocr D.O.T. Flash board, etc. 2 :sets, 4 flashboards 1 Code) 5 Queen Palms 10' C.T. matched heights, full heads, no sc~ed 51 tm~s 10" min., DBH '1 ' 'h 6 Washington Palm 6 - 6 C.T. helg ts as noted on plan, no clipped 42 buds, no sc~ed tm~s 7 V~egated Pi~ospo~ Tobira Laura 3 gal. 12"x 15" ~11 even foliage, 24" O.C. 209 Lee (vefigata) 3 gal, min. 12 ht. x 15 ~11 even foliage, 24" 484 8 Ixora 'Petite Red Taiwan Dw~V O.C. (max. ht. To be maintained at 24"ht.) 9 Fatk~atchee Gr~s 3 gal 24" x 24", 48" O.C., ~11 122 10 St. Augustine Flofitam ~ass Rolled smooth sod only, laid tight, staggered 32,000 11 Melaleuca Mulch ~ cu. ~. bags, 2" thick application ~00 12 Identification Sign (temporal) See General Requirements Section 10 2 13 Roundup II Weed removal -all concrete medians 5 SUBTOTAL LANDSCAPE COSTS: THIS 1 AGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TOBE CONSIDEr; 4;)COM PLETE AND ACCEPTABLE'~ *Start date will not include time to kill existing grass with herbicide. GRAND TOTAL FOR LANDSCAPE COSTS: $ ~ ~ ~-~--- ~ ~,"'~, z-7 f2 . z..~,,, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDt~' ~ ~CQMP~E~ ~ ACf?EP~ABLE IRRIGATION WORK Table #2- See plans for details NO. MATERIAL QUANTITY EST. MATERIAL COST EsT. LABOR COST (fill in quantities if necessary) , __ 1 (2-,,~tation contro ller/rainswiteh Maxicom ,,~ ~ 2 l" backflow manifold 3 3 1.5" backflow manifold 3 .~;. 4 1 ½" zone valves 15 5 1" zone valve 2 6 6" pop-ups 444 SUB TOTAL IRRIGATION COSTS $ ~_,.d~.~ ~Tt/-/ ~ $ I~)~ ~__~?)S" GRAND TOTAL IRRIGATION COSTS THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACICAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP 5 BID BOND STATE OF FLOKIDA) COUNTY OF PALM BEACH) KNOW ALL MEN BY THESE PRESENTS, SIC. A, IHC. The Mountbatten Surety Company, Inc. as Prir~ipal, and , as Surety, authorized to do business in the State of Floridaam held and fn-rnly bound unto the Owner, .City of Bovnton Beach in the penal sum of ...... Five Percent of Amoumt-Bid~---- · Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ou~elve~, our heirs, ex~curom, administrators, and successors, jointly and severally, firmly by ~ presents. THE CONDITION OF THIS OBLIGATION IS SUCI~ that whereas the Pdncipal has submitted the accompanying bid, da~ed 12/16/,199 9 , for: SOUTH CONGRESS AVENUE MEDIANS #SlI4Slg LANDSCAPE & IRRIGATION (PHASE ~ - 1999) NOW THEKEFORE, If the principal shall not withdraw said Bid within ninety (90) days after da~c of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contact with the Owner in accordance with thc Bid as accepted, and give bonds with goods and Sufficient surety or sureties, as may be required, for the fai/thful performance and proper filll31lmcllt orsuch Contract, the~ the above obligations shall be void and of no effect, other,vise to remain m full force and effect In the evenl of the withdrawal of said Bid within thc pcriod specified, or the failure to enter into such Contract and give such bonds within the time specified, if the pnnczpal shall pay the Owner the difference ber, veen the amoum specified in said Bid and the amount for which the Owner may procure the required work and supplies, if thc loiter amount be in cxccss of the former then the above obligations shall be void and of no effect otherwise to remain in full force and effect. ~J~ ~ ~lL~q iNC ?AX NO. ~ 95~797~670 D~¢. ~ 19~9 09:05AM P5 IN WITNESS WHEREOF, the abdve bounded pan/es have executed this insu-urnent ullder the/r $ever'~t seals, ~ 16 th day o~i ~g hereto aKaxed and these present~ duly signed by its undersigned representative, pu.-'~Suant tO ~{~thority of is governing b~.ody ~ WITNESS: (If Corporation. Secretary only will attest and affix seal). Sisa, Inc. ~ . ~N~am¢,of Finn S~seal) Samuel K. Sigars, President Title 5500 Davie Road Business Address Davie, Florida 33325 City and State BIB 2 The Mountbatten. Surety Cqmpany, Inc. Corporate Str¢ty _At o_mey-/n-fact ( fix Char±es D. Ni~lson 33 Rook Hill Road B~fn~s ~d~ Ba!a Cynwyd, PA 19004 S~¢ Collinsworth, Alter, Nielson, Fowler & Dowling, Inc. Nara¢ ofLoc~ Iasu~uce Agency BIB ] CERTIFICATE AS TO CORPORATE PRINCIPAL I, , of the Corporation named as Principal in the wiml. signed the said Bid Bond on behalf of the Principal, was then ~.~.~__~.~.~.~.~ of said Corporation; fl~I i-kn~w has signature, and his signature hcreVo is genuine; ~d that said bond was dulysi~ned, sealed, and STATE OF FLORIDA) COUN/~ OF PALM-BEACH) Before me.. a Notary Public duly commissioned, qualified and acting, personally appeared Charles D. Nielsou to me well kllown, who being by me first dllly swom upon oath~ say~ The Mountbacten Surety that he is the A~tomey-in-Fact, for the Company, Inc. and that he has been authorized by them tO execute the foregoing bond on behalf of the Contractor named therein in favor for the Ownc-r, Swozm to and subscribed before the City of Boynton Beach_. M~ssion Expires: March 7, 2003 Tm~ MOUN'rBATTF~ StmiTY Co~m~, L~C. Power of A~orney Charles J. Nie!son, ~arles D. Nie!son, Wa~en H. Atrer, Kevin R. Wojrowicz, Roy D. May, Jr. Britt M. Rose~aus, D~nald A. Lamber=, ~r., D. Mi~a~l Stav~ns, Laura D. MSsholde~, ' Kar~n~ Broo~s-Gray and/or Ha~ C. Acevas all Florida *~ ~ 24tli day of Stm~ 1998' ' (Stamp) STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these Gen,eral Documents shall the data requested iff 'the f~ott~iig §¢~d~il~i:~,~O~ti-or~} ' Th~s data,must be included in and made pan of each~id document, .F~ulure 'to comnlv wath this ~nstructmn may be,regarded as jUstffication £or reje~tiiig th¢Cb~t~act62'~s~p~oposal: .....~ * attach additional sheets giving the information Name of Bidder. 2. Business Address: When Organized: Where:Incorporated: How many years haveyou been engaged in'the contracting business under the present firm name? ~ Contracts on hand: *GROSS AMOUNT: *(Each Contract) 10. · tl. · 12. · ' 13. 14. List of more important structures erected by your company, including, approximaTe cost Hav. e you ever defaulted on a contract? If so, where and why?* List your major equipment. '~ (5~:0.: Experience in cons[mction of work similar in importance to this project. * Background and experience ofpnncipal members of yo:ur personnel~ including officers. (tf d) Credit available, requeste THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ I 15. 16. List all lawsuits (design and/or construction relatedI to which you have been a party and which: * A. B. C. arose from construction projects: occurred within the last 4 years: * provide case number and style * $ e= ~-~xch ed Financial statement. (If requested). * Dated at: 7:00 this / ~ day of '~~~.. By M ' ' Awt/x c (printed or t~ed) THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ 2 BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: SOUTH CONGRESS AVENUE MEDIANS #Sl1-#S18 LANDSCAPE & IRRIGATION (PHASE #5- 1999) BID NUMBER #019,2730-00/CJD DATE: Before me. the undersigned authority, author/zed to take acknOwledgements personally appeared located at "~'~'~:2~ ~'~ ~l~ as an authorized representative of: (hereinafter called the bidder) / and that said bidder has visited.the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his Bid or proposal. CITY EMPLOYEE SIGNATU1LE DA~TEOF INSPECTION ~(. BSI 1 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH SS I. the undersigned hereby duly sworn depose and say that no portion of the sum herein Bid will be paid to any employees of the City of Boymon Beach as a commissmn~.kickback, reward of gift, directly or indirectly by me or any member of my finn or by an officer of the corporation. NAME - SIGNATURE Sworn and subscribed before me this ../t~ ~,~ day of 19c~ NpTAR~a~La~e PUBLIC, State of Florida "OFFICIAL NOTARY SEAL" STAMP Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA t NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER State of /22Z4~ 1~ I~)ZI County of ~,-Ad[ 'e~t ~-~---.'~ , being first duly sworn, deposes ~d says that: 1) Heis ~lb~T of ~ ~ T~d. (Title): ~me of Co~omtion 6r Fire) · e bidder.~k~S s~m~t~ ~e ~ached b~ ~ 2) fie is ~lly ~fo~ed respecting the predation ~d ~nt~ts of the a~ached bid ~d of ail pe~ine~ cimmst~ces reSpeCtdg suah bid; 3} Said bi~d is genuine and [g not a collusive or sham bid; Further, the said bidder nor any of its officers, partners owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, d~mqt!y or indirectly with any other bidder, firm or person to submit a collusive or sham bid'in connection With the Contract for which the attached bid has been submitted or to refram from bidding in connection with such Comract, or ~as in any manner, directly or indirectly, sought by agreement or collusion or comm~iC~iii~ns 'or conference with any other bidder, firm or person to fix the price or prices..in the a~ached bid or of any other bidder, or to fix any overhead, profit or cost el~ent'o~theibid-, pfice~6~ thebit[Tprice ofany other bidder or to secure through any collusion, c0nspIracy, conmvance or unlawful ~agreement any advantage agmnst the ~/jtT~, :~ al Public Agency) or any person interested in the proposed C0~fraci; and 5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of iis agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL NCA 1 SAFETY PROGRAM COMPLIANCE Safety is a high priority inthe conducting of business in the City of Boynton Beach. Preference shall be given to contractoPs with an established safety pr0~an~ following O.S.H.A. guidelines, and documented results establish/ng a safe working enwronmem. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form~. 2 The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. 'throUghout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requiremei'/ts e§thblished by O.S.H.A. or ~he State. s the person authortzed to sign the statement, I certify that this tim complies fully with the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL SPC I CONFIRMATION OF DRUG-FREE WORKPLACE ~-~ IDENTICAL TIE BIDS. Preference shall be given t9 businesses wiLh drug-free workplace programs. Whenever two or more'bids whi~h'ar¢ ~qual (vith ~-~pedt to pri~e~ quality, andl serV~6e arc.received by the City of B°/miOfi Be~tcl/i or by' a~y P6iifical s~diV~ibn f0r~.~ p~o~m-emcnt of~¢°mm0difies or~ contractual services, a bid received from ~busifiels that ce2ifi'~s that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing fie bids wilI)e (911owed if ~npne pf ~e fie~d Keudors have a drug-free ~orkttlace program. I~:o~aertO have a.~g-ffee,worl~lace pro~,a~b~usme, s~ll:~../5~ ~,: : 1) Publish a stat ,eme~nt' ngfi~nge~mp.19Ye..e.~ that' ~ ~a,w.,fu,1 manufgct~di~l~ution, - dtspensmg, possesm0n, or us~ eta co~.trpll~d substance ~s prob2ibff~dm~g~orkplaee - and specking the actmns that wtl~0b tal~n~ag~st empl~yees 'for yi61~ions of such prohiNtion. ., : ~ : ~ 2) ' ' : ' ........ !' "? ~ ' Inform ekfployees about the dangers of drag abus¢~m th~ workplace, the'~iness'~¢policy of mmntmnmg a drug-free workplace, any available ~g ~ounaeling; re~abilfta~ork and employee asmstance programs, and the penalUes ~at may be imposed,upon;emplOyees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual;services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,. any violation of chapter 893 or of any controlled substance law of the United States or any state, for a Violation occurring in the workplace no later than 5 days after's~ch convidtion. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6] Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm compli)~s fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW ] CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response ( ! ( ) ASIAN ( ) BLACK (/~- HISPANIC ( I ) WOMEN (~/~ .OTHER AMERICAN iNDIAN (specify) Do you possess a Certification qualifying your bus/ness as a "Minority Owned Bus~ness . YES NO If YES. name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB 1 EQUIPMENT LOCATED AT SIGA, INCORPORATED NURSERY 1 2 $ 4 5 6 7 8 9 10 11 12 14 15 16 17 18. 19 2o 21 22 23 24 25 26 1!978 1996 SELMA' TON - SW - EASTERN WHEEL - EASTERN · (HORSE TRAILER) ~ ELECTRIC MOTOR -_'QUIPMENT =MENT BOAT - OMC 9 HP GAS MOTOR CHERRY PICKER Broward County Department of Natural Resourc~ Protection v. ,4111erMrick~on ~"oyota, lnc. and Siga, Inc. NOV Noa. 96-301~.9 and 96-~10150 Thia was an administrative prceeedhlg against tho general contractor Al I l~adrickson Toyota, ( Al,IT ), and $tga, a sul~:ontraetor. Aa parl of the subcontract, Stga was to apply herbicide to ~xrbot ? (undesirable) plants al 'Dadewinds Park in Broward County, $iga ~t~id n01 select the ]cxdcs to use -- they were chos¢ll by the engineering film Keith & $¢}maars. Although Siga nev~: applied tile herbicides to arty maple lre~s, the County non~h¢les~ claimed th~ (s~loctod by o t hera) caused damage to maple trees (lhe elalnl was th~ r(xot~ f*om lhe treated plan~s -- which roots could not be seen -- transferred the h~btolde to deairable lrcea. Siga vigorously disgu!~tl, Ihc c~aim saying this was a public pm'k with ae.~ss by othem, $1ga followed ~h¢ lal~ls oilier thLTlgs. A final or'der ("Order'~ dated S, me~lb,r 22 1997 ,~ ,,,,2,,~ ,~, Examiner for th~ ltroward County I)~arlra~nl of Natural Resource Proration. The ]-learing of thc 995, ' file Hearing BEFORE THE HEARING EXAMINER FOR THE BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION IN AND FOR BROWARDCOUNTY, FLORIDA Petitioner, FINAL ORDER ON MITIGATION THIS CAUSE came before the headng examiner for the Broward County Department of Natural Resource Protection ("DNRP") at a specially set hearing held February 17, 1998 at DNRP's offices in Fort Lauderdale. The issue to be determined is to what extent must Respondent Siga, Inc. (~Siga") mitigate the damage caused to red maple trees and attendant understory in the Tradewinds Park in Coconut Creek as a detailed in the Final Order dated September 22, 1997. Appearing for DNRP were Gilbert R. MacAdam of the Broward County Parks and Recreation Department, and Kathryn Cartier, a Natural Resource Specialist IV and manager of DNRP's Wetlands Resoumes Section. Their testimony was presented and DNRP was represented by Melissa Anderson of the Breward County Attomey's office. Siga was represented by William R. Clayton, Esquire, who presented the testimony of Siga's president, Sam Sigars. The witnesses were sworn and testified as indicated in the following Findings of Fact. FINDINGS OF FACT 1. Siga's Motion for Reconsideration or, in the Alternative, Motion for Clarification filed October 2, 1997 was granted to the extent it sought clarification of DNRP~S requested mitigation at the Tradewinds site. The Final Order of September 22, 1997 prOvided insufficient guidance to Siga considerilg the complexity and expense of DNRP's requeSted mitigation, as well as ~NRP's novel use of Section 27-337(b)(9)to calculate required mitigatiOn underL these circumstances, i.e., unintentionally causing the death of individual red maple trees and surrounding understory but not developing or otherwise al[edng the ecosystem at the site in question. 2. DNRP presented two extensive mitigation plans as options for Siga. The first option involves the restoration of the originally impacted 0.4~ acre area and the creation of 1.12 acres of new mitigation adjacent to the origin[al mitigation area. The second option involves the creation of 1.57 acres of mitigation adjacent to the odginal mitigation area. 3. Siga originally proposed to plant 90 ten-gallon red maples at the impacted 0.45 acre site but do nothing else. That offer was dropped to 75 red maples at the time of the headng. 4. DNRP's proposed mitigation plan comes from its interpretation of Section 27-337, which sets forth the cdteda for the issuance or denial of an 2 environmental resource license. Obviously no environmental resource license is at issue here. Moreover, Section 27-337 is typically used to mitigate for land development where the resource inquestion~is obliterated and a housing development or shopping mall is put in its stead. 27's akin Section 27-340 K, which covers tree replacement under Chapter which is more 6. the current 22, 1998 and a ~eotape were shot by Sam': Sigam, s and the video 7. The photographs, video, and Sigar's testimony indicated substantial regrowth of A number of the killed red maples had toppled over, which was to ~)e expected, but the extensive "circles of death" seen earlier were not visible in~any of the photographic or videotaped evidence. ~The only areas devoid of substantial understory regrowth were in sabal Palm hammocks, where understory growth was inhibited by lack of sunlight according to Sigare. There were a couple of small areas , but no testimony linked these areas with herbicide application~ and they certainly were not as extensive or as barren as the 'circles of death" found shortly after hebicide application, 3 8. The Keith and~ Schnam Environmental Monitoring Report of September 1997 indicates the pdma~ problem with the subject site is the regrowth of exotics. The native vegetationinthe areawes found to be healthy in the report, with no indication any "circles of death" were still present. 9. MacAdam testified the area was still heavily damaged. He admitted some native undemtory was coming back, but much of the ~vegetative regrowth is in theforrn of undesirable exotics. Some of the dead red maples have fallen, further damaging understory according to MacAdam. He also said bischofiasare coming back and some are as tall as 25'. 10. MacAdam preferred that any mitigation be done off site to avoid further damage to {he restoration area. He testified he wanted to see a new ecosystem developed to make up for the system that was lost. He admitted the invasion of exotics had continued unabated since the County suspended the exotic -eradication program as a result of the red maple deaths at issue here. That program has recently restarted, although its scope was not delineated by either party. 11. Cartier testified the two options were developed by her Section and were based on DNRP's policy of using section 27-337 in all wetlands situations. She admitted it was pdmadty used for licensing developments in wetland areas, and gave no examples of this provision ever being used in a situation like this before. 12. Sigars testified extensive engineering would be needed for either option, and the total cost for either would range from $175,000 to $205, 000. He also testified it is unlikely all maples would survive in the areas indicated by DNRP for their preferred option two dueto dry and sandy soil conditions. 13. Nothing in Section 27~33~7 directly authorizes a mitigation: plan outside of a licensing context, much less in a non-development type of situation, 14.. Nevertheless~ damage,wasdone~oa natural resoqrce~ specifically occurs due to stHcHiability or~negligence~ DNRP is entitled to:havea~mitigation-~ scheme enacted which will compensate for the loss of the resource involved.~. 15. ~The substantial competent evidence presented atal! hearings on this matter make itclear the primary lasting damage to the Tradewinds Park is twofold: the~death of fifty red maples and the continued incursion of exotic species such as bischofia and Brazilian pepper. Whatever understory was lost in the Arsenal-induced 'circles of death" appears to be coming back on its own, with the only substantial interference being from exotics. 16. Siga is directly responsible for the death of the red maples, but only indirectly responsiblefor the incursion of exotics. No doubt the destruction of the red maples and attendant understory contributed to the continuing incursion of exotics, but the County's decision to stop Hendrickson's exotic control program in the mitigation area contributed heavily to this problem. 17. A better way of estimating an appropriate mitigation comes from Section 27-340 K of the Tree Ordinance, which loOks to replacement of lost tree canopy. While no direct relationship exists between the instant NOV's and the Tree Ordinance, it is a better fit than Section 27-337, at least under the particular and peculiar facts of this case. 18.- There is nogood way of mitigating the destroyed understory now that most of it has come back, and to rome Siga to create a new mitigation area to allow reom for that understory and off-site maples is more punitive than mitigatory, under the cimumstances of this-case. 19. Siga should be required:to COmpensate for all destroyed maples, ensu re their survival for-three years, and centrol all exotics in the immediate vicinity of those replanted maples. While agood case can be made to require Siga to continue the exotic eradication program in the 0.45 acre site, the fact that Keith and Schners is back doing that work under the Hendrickson license makes the practical logistics of such an approach problematic at best. It is also'most likely unnecessary, assuming Keith and Schnars does the job it is paid to do. WHEREFORE, it is hereby ORDERED and ADJUDGED that Respondent Siga, Inc. perform the following mitigation pursuant to the Final Order of September 22, 1997: a) Plant one hundred (100) ten gallon red maple trees at a location or locations to be chosen by DNRP in its reasonable discretion, but to be located in one or beth of the two mitigation areas set forth in DNRP's Options 1 and 2, provided the location(s) chosen have suitable soils, hydrology, and other characteristics such that the planted maples will have a high probability of living and matudng in good health; b) Remove all exotic plant species which are likely to interfere with the growth, survival, or health of the planted red maples for a pedod of three (3) years; c) Provide DNRP with biannual~monitoring repOrts~detailing the p!anted red maples and extentef needed and performed exotic d) DONE and 9P, DERED this / of Mamh, 1998. Hearing E~iner Copies Provided: William R. Clayton, Esquire Melissa Anderson, Assistant County Attomey John Stagnari, DNRP Enforcement Administrator' 7 COMMERCIAL LANDSCAPE CONTRACTING & SPECIALISTS IN BEACH EROSION - WETLANDS RESTORATION S IOA, Inc. is located in Davit, Florida where corporate offices, a six-acre nursery of available plant material, and a full fleet of service vehicles and installation equipment arc maintained. Thc company's :key employee grou[ recognized and architects, providing prompt, accurate and courteous service. RESUMES - KEY-PERSONNEL Samuel K, Sic, ars. PresidentI Heis a graduate ortho University of'California, BS, Marine as a research.bo.tanist, owner-ma~a; der ora major landscaping company, and ~oastaVwetland consultant. Mr. Sigars was One of the foUnders of SIGA, Inc twenty-one years ago and has been its president for the past twenty-one years. Mr. Sigars is a Florida Certified Landscape Contractor. Mark D. Sigars. General Manager: His education background includes studies at the Ufiiversibd 0fWisc0nsin; (3wssmont C011ege, San Diego, CA; Broward Community College. He has ~ control end re-establishment as well as commerci~ is recognized as an exper~ in these areas, years with the Company include Senior Crew Superviso~, Landscape specialist, Director of Landscaping and' General Manager. He is a Florida Certified Landscape Contractor. Martin Hatmaker, Nursery M~nseer and I.andscaue Suuervisor: He is a graduate of A.sbury College He is a Florida Certified Nursery giant nurse~ firms such as Kraft Nurseries prepared him for the responsibilities he now has at SIGA, Inc. Margaret Behr~ Office Manaeer/Controller: She came to SIGA, Inc. with broad experience in office management of contracting and building firms. Utilizing her background in construction and contracting she has become a key player on the $IGA, Inc. management team. Ms. Bchr supervises the internal day-to-day activities of the company. Please lis: 1:brae G¢_6~ral Contr~ctorz which you ~ave performed work for in the pas~ thzee y~$: Company Name: f/?~. ~O/J..c~ Contact: ~//c~ ~v~f N~eof~ject&d~mple~ed;~~ ~ff~- c~ ~-~v~-~ ~ Company Name: Refm'ance #$: ~Compan) Name: Please list lhree supplier or subcontractor rcfere~acs whom you.ha¥~ l~fo~.e~ w~rk w!th over the past three years: ~eference # 1: Reference #~: Company Name: Company Address; Refer~ce #3: Company Name: Company Address: Name Phone #: .,(7~) ~-~ -o~>~ ~' Number of years £ura has experience i~ trade being bid: ~-- ~'" ¥¢axs Please list the 3 most sigaifica~t projects ~rren~Iv under construg~ion for~vhlch your Fmu.is doing work: Note: ~lease do not includc proJeats for whioh yourfrem is not yet b~g'an work Eroiect ii 1: Locauon: ~ ~- Tot~ Value of Project: V~uc offyo~ Con.ct: ~e~-. ..... G.C. Contact: Completion Date: .'rojec~ Name: Location: To~l Value of Proj~: V~ue ofyo~ Co~ct: O,C. Contact: O.C. Phone N~ber: Work Perfo~ed: Completion Proiee~ #3: Project Name: ..-~T, Location: ~T. Total V~ue of Project: Value ofyo~ Con~a~ General Con~ctor: O.C. Con.ct: 6.C, Fhone Work Perfo~ed: Completion Date: Please list the 3 most si~umificant projects C0mvleted in the las~ five (5) '~ea~: Proie~ gl: Project Name: -' Location: D'~O -' &~_ To~ Value of Project: GeneraICon~tor: ~,~. ~(~C~ , , O:C. Con~: Work P~fomed: Completion Date: Proie~ #2: Project Name: ~--/~ Location: ,.5c~ ~0 I T~'~- Total Value of Project: $ Valu~ of your Contract: General Contra~or: O,C; Contact: G_C. Phone Number: Work Performed: Comple~ion Da~e: Proie,t #3: G.C. Contacl: G.C. Phone Number: Work Performed: Completion Date: SCHEDULE-OF SUBCON~CTtNG/M'~NOR!TYBUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION BIDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. BID TITLE: . ~t.~.., ~.a~ $'~ A/.d~ d~,~,c 'c~-t't/- '~ I~ BID~# 019-2730-00/CJD MAIN CONqOR~-~'O~'~i ~}x/d....~_~ MiNORITY NAME/ADDRESS/PHONE OF TYPE OF WORK ., STATUS TYPE CERTIFIED DOLLAR % O] SUBCONTRACTOR TO BE ~ ,t' *(see key ~ ./ AMOUNT TOT,~ PERFORMED Y~s No below) Yes No · * MiNORITY TYPES: (1) BLACK (2) HISPANIC (3) WOMEN (4} OTHER (specify) ADDENDA CITY OF BOYNTON BEACH, FLORIDA BID TITLE: SOUTH CONGRESS AVENUE MEDIANS #Slt-~S18 LANDSCAPE & IRRIGATION (PHASE #5 - 19991 BD#019-2730-00/CJD BiDDER: DATE SUBMITTED: We propose and agree, if th/s Bid is accepted, to contract with the City of Boymon Beach, in the Contract Form. m furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination and labor necessary to construct and zomplete work specified by the Contract documents. Having studied the Drawings and Project Manual prepared by: KILDAY & ASSOCIATES (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to construct the work of this Project according to the Contract documents and th~ following addenda which we have received: ADDENDUM DATE ADDENDUM DATE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN O_R~_ ER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AA ] SOUTH CONGRESS AVENUE MEDIANS #Sll-gS18 LANDSCAPE & IRRIGATION (PHASE #5-1999~ BID DATE: BID TIME: BID #: DECEMBER 16, 1999 2:00 P.M. 019-2730-00/CJD STATEMENT OF "NOBIDS" LISTING VENDOR ACAI ASSOCIATES, INC. 345SNOW, .55'm STREET FT. LAUDERDAI.R/FL 33309 764 JUNIPER PLACE CONTRACTOR 150 N. SWlNTON AV~ENUE DELRAY BEAC!rL FL 37.~.4 EAST COAST ORNAMENTAL 301 W. CAMINO GARDENS BLVD. BOCARATON, FL 39432 EDGE-.CXJT LANDSCAPING P.O. BOX 970205 COCONL~ CRF. RK, FL 33097 MCCOY ,IRRIGATION, INC. 1304 RUPP LANE LAKE WORTH, FL 33460 NATIVE TECHNOLOGIES, INC. 805 EAST BROWARD BLVD. FT. LAUDEKDALE, FL 33301 QUALITY GRASSING & SERVICES, INC. P.O. DRAWER 108 LITHIA, FL 33547 R & R LANDSCAPE CONTRACTORS, INC. 5800 SOUTHWEST 177m AVENUE REASON O~ PRODUCT SCHEDULE WOULD [NOT PERMIT US_~O PERFORM OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM OUR PRODUCT SCHEDULE WOULD NOT pERMIT US TO PERFORM OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM GENERAL CONTRACTOR LICENSE REQUIREMENT WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM MIAMI, FL 33193 SOUTH CONGRESS AVENUE MEDIANS #Sll--gS18 LANDSCAPE & IRRIGATION (PHASE #5-1999~ BID DATE: BID TIME: BID #: DECEMBER 16, 1999 2:00 P.M. 019-2730-00/CJD STATEMENT OF "NO BIDS" LISTING VENDOR SOMERSET GROWERS, INC. 3693 N.W. 124m AVENUE REASON UNABLE TO MEET SPECIFICATIONS CORAL SPRINGS, FL 33065 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D.1 AGENDA ITEM REQUEST FOI u Requested City Commission Meetin~ Date~ [] November 16, 1999 [] December7, 1999 [] December21, 1999 [] Jaauary 4, 2000 NATURE OF AGENDA ITEM Date Final Form Must be Turned ~ Offic_.._ee Requested City Commission November 17, 1999 FS:00 p.m.j ~ February i, 2000 December 22, 1999 (5:00 pm.) [] March 7. 2000 [] Administrative ~J Consent Agenda [] [] Public Hear/ng [] Announcement [] Date Final Form Must be Turned in__to City.Clerk,s Office Janua~ 5, 2000 (5:00 p.m.j January 19, 2000 (5:00 p.mn February 2, 2000 (5:00 p.m.~ Febraary 16. 2000 (5:00 p.m.~ Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the February 1 s~ City Commission agenda Under Consent- Ratification of the Planning and~Develbpmen~Board Action. recommended approval conditioned u The Planning and Development Board with a unanimous vote, to be gen~rated ~.~a .... .. P°ntheadd/tionoftexttharl. - . .... mrtaar ~letalls pertainin- t~ .~:- un~ts the maxmaum size ofmea* -- '- 99-308. . ,~ uts~ request see attached Department ~r,~ , ~ .u oe processed and waste u~-evelopment Memorandum No PZ EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BERRy VEAL Richard W. Carlson, Jr., Esq. Berry Veal Corporation 1421 Neptune DHve Request..t° amend the M-.1 zoning district. . regulations,. Sections 8.A.3 .a(5) and 8.A,4.e to allow a condmonal use the cutting of sub prunal pomons of meat and pre-cut poultry into serving portions, inclt~ding packaging and shipping, and to clarify the list 0fprohibited uses. ~PROGRAM IMPACT: N/A as [FISCAL IMPACT: N/A ~LTERN~TIVEs: N/A Oepfirfrm en~ ~Oirect o~-~ TO: THRU: FROM: DATE: Chairman and Members _ ~ Planning and Development ~aoam Michael W. Rumpf Director of Planning and Zoning .Jose~R. Al faro - Assistacn~,planner December 13, 1999 SUBJECT: BEp,2R.Y~NEAL - CDR. V...99~0~. ~'---:ct re,,,,lations to allow as a conditional use the~ ~U~ ' ReqUest to amend the M-t z0I~ng~u~, . ~_~.~,;~. init s&V~- xSolXions, including pac~agtng ' ortions of meat anet' pm-cut pum,,j .:? y O[gul>.primal p , ...... ._..:__ x~:,~e related prohibited uses. a~ Sl~i~ping, and to elarix~ me: aescnp,,~,,,,, ~!, ~;~ ,~ -~ Richard W. Carlson, preparation business location map) the cutting shipping. general and antiquated The Berry manufacturer/food preparatioa. it from bone (sub-primal cu0 Development R_e,gulationS poultry productS uses, once an ~ A.5.a.(5) prohibits the M-1 zoning distriej "Cutting of sub-prit~al portions of meat :and,pr~~t~ a manufacturer/food (see Exhibit "A' - a conditional use including packaging and the rather in 1985 under a license of and Section 8, t new use be_added in ,4.;e.), .and read as follows: packaging and shipping." includes a modification to the listOf.pro,hibited. ~ uses Ln the M-1 zoning district.The This request also ..... e~,-tion 8 A.5.a.(5)-, be changed' from applicant requests mat ~napter ~:, o,,~ , ,Meat packing and poultry dressing." to ~ and dressing, from carcasses. (se Exhibit "Slaughtering and rendering of meat and poultry, processing, "B" - Stateme;at of Request). ANALYSIS As stared above, Berry Veal Corporation has been doing business in the City of Boynton Beach since 1985. staff assumes that the original approval was the result of a more lenieat interpretation of the code, or was based on an understanding that the subject use did not include the cutting (butchering) of greater portions of meat. The business has subsequently increased itS operation to the point of overgrowing the existing physical facilities. In order for them to remain competitive they have expressed the need to expand their facilities, Page 2 CDRv #99-00# .~ ~ including building a new Storage/cool room area. The cool room will increase their capacity to Store larger quantities of both pre-cut and cut material, and thus provide better (quicker) service to their customers. As staff Currently interprets the M-i code t · - ~peci.fically defme "meat pack/n,-" the o. prohibtt meat cutting and packin~ uevelopment Reo-~,;~- M, o use is now cOnstrued ~ taua me Code does o,~.x~, e,.-,,,,,uus, t..napter 2 Sec6nn 1 ~'~ ~,-, . to be legal norl-confnvm; .... not ed for a none .... , Nonconfo s. ne Land onfornnn rmmg uses a unless · g use shall .be e ~ nc~ structures ,, the use is c nlar ed ext - , states · . ban ed t - . g · ended rec . Ne apphcant has exn,-~--~ -- .o one which Comphes with the ,--~ ,,',o .o~.txmcted or strncmrall alt sunsequendy Complete the eded ,* ..... g ~e use into conformnv th,, ,,.~ T., t mance). The ne .... xgauslon m ,- .... ,- ,~}m Current Clty regulations. ------~J, and The applicant believes that Berry Veal's nature of business sl~ould h~lude meat eutrin a shippin~ as a permitted aSPect oflthe entire rote is app['oprmte ~n 'the industrial a~,.~ ~, p , ss~ and that thts lex'el of ~';.,.~;:k~ .g.;, nd paqJcagmg and toprocess and acka . .... ~ :. ~ -~,u.,.~. zne applicant also states' that' me., ~.u,uug ana-packaoir/, g/shi '~ ' m' · P · ge:meat for rem . restaurants and su PPg than currently allowe,~-i;2 Xi . . il customers vathin commer¢. ~ ,~ . . permavkets are allowed - ' . q ,-~m me m0reintense _ .' . . .. , lai ,-,,nnlg dlatrlats at a · · Compliance with fed at ~;- .... · , M 1 zomng &sract i.~ nard.--- I greater mtensv:~ era_ ,~u · . · . . mroi regulations as v ' · . ·, ,~wormy Ea Be · - vistted the site and witrie}sed m,, ~./;.. L ~ enfied daily by a resident ~mn^' iL I::.'~ ~eal is m full ..... ,,,¥ cumng Stage and cleanliness ,o a.~ "'°"5.'~ respect°r: In l~act, st,/ff'has m m~ operation. With, respect to .impacts' staff feels that the subject request, if approved, would gene, at no n WllasodUe to theeubjecleanl/neSSto 6fenvironme~al~ the., Operation and proximity to other ih iu t ial uses F ' ~ egative impacts; aplprotval binlS,,~).ct review (the e~istin~, ;,o. 2, ~,' ...' '~rr¢o.re, said expansions ~. ~ ,~o~ ,~ oerry Veal received environmenta1 review For comparison, staff surveyed Other~jurisdictions to obtain their respective regc/ati0ns Of entities sUrveyed~ Delray B~ach allows meat ' dk-xricts. Simil - cutting sub'ect .- . the three 3 .. ar to the C} s con '.' 'J to condmonal use ' - - . . ( ) review suc project, on a - attt°-nal use process, r>eiray eaoh us-o m.: e .musmal Zo ng '-,*~;-oy-case Oasis fo ~o u~e conalt hal The second . r performanc · · use rocess urisdmt e, mclnd P to Lake WorthJ-t-~:~-:.l°~,n' Palm .B.each County, simply allows ....... ?g parking, sa}~;?compatibilitv ete v-~,,,~mts me use with code lan~u~c,, -: -, -,~ t.umng as a permitted fls~ o--/a. ;~-' ' ~--o- *Umnar to the city's current regulations -, ,~,~ me ck'y of Staff recommends that RECOM/~IENDATION the subject request be approve& based on the following: 1) the proposed revisions are consistent with the intent and purpose of the M-1 zoning district regulations; 2) the proposed revisions will have no adverse impact on adjacent properties nor on the City as a whole; and 3) the proposed revisions will update the City's industrial zoning district regulations with respect to modern portion cutting, processing and shipping of meats, and prevent future multiple interpretations of the subject regulations. Staff assumes that the original intent of the zoning regulations was to specifically prohibit the more intense stages of meat processing such as as noise and waste) which are not characteristic of uses involved in the lower end of the process. slaughtering (and the associated impacts such No conditions of approval are recommended, however, any conditions required by the Commission, shall be documented in Exhibit - conditions of Approval. ' "C" " . recommended by the Board, or Exhibits JA':MR / / '0 1 I8 400.'800 FEET E¸C' ' L. III: ~,.0 MAP EXHIBIT "A" R Richard W. Carlson, Jr., Esq. 2377 Crawford Court Lan~na, FL 35462.2511 P/ione (561) 433-0172 Telecopier (561) 432]-0874 EXHIBIT "B NOvember 4, 1999 Mike RUmpf, Pl~nning Director ci~ of Soynton Beach 100 Boulevard Boynton , FL 33435-0310 Re: Dear. Mike: mea= I Sec. Obviously HOWever, of an :' deli, an Veal SU~ sub- the At classi: enclose TO assist: you, ~eal facility. W~ __ nd~eeting a = =ppreclate your and evaluate the City,s Land ~ CO~e review that WOu~=a~ptune Drive. · u mo~l~y Chapter 2, lon between meet pr°cessingoperations. slauqhterhouses are properly a prohibited Use. done by~.Berry Veal has less . at a supermarket or even a mess and the Use is located in no reason why the bUSiness of Berry e in the M--1 zen' · 8ASa 5) and '8A4 b- ~g.dlstrlct. Onal Use in the end of our meeting I ' r ' ~ ''s for our u~" T ~_= p om~sed to obta~- ~n T'.~<~ ~ '~=~ Some diffic,~_ ~. qae SIC -. ~ ~u., it proved tO ~_ %-~ omtalning the Classifications ~__ ~ om l~ttle h~l~ ~z your consideration: ~' I have prepared the following lan~age for your Mike Rumpf, planning Director Nevember 4, 1999 Page 2 of 3 . .~ / - · · poultry revieW. I suggest Section 8A5a(5), prohibited useS, read: · and renderin~ o~fme'at~l~k-i-~and Si~ au~hterlnq. .~_~_n _~rom .... carcasse:.- ~ dressl 9x_ . A new Section 8A4e, conditional uses, should be added to provide: As you requested, enclosed is a for a Code RevieW. once the code review a clear indication it is supportedess. the City begin the co conditions as we discussed, there control from veal 50 and documented in reports. zoning a supermarket veal. business of has a'greater'impact~than zBerry MOreOver, the use ~s be restored w cot approval. the condi~ Berry veal cannot continue conf use. The toss to the V~ extremely site you could see property above-and' .esulting with the level of type five he a non- Berry ~the ;es · the Mike Ru~pf, Planning Director November 4, 1999 Page 3 of 3 facility is truly a clean, light industrial Use. We again invite you or other ~oy~t~n officials to site. at ~time' for a tour of t~e ~acllitv. w ..... visit the - such as the USDA ~ = will lalso Provide the b reports - We are con: at once ~sl~es~ ~ .. as you see fit. f ~der~tood:t~.ere Will bec c: Richard Gioia, President, Since ely, Berry Veal Carlson, Jrt, Esq.' EXItlBIT "C" Project name: Berry Veal File number: CDRV #99-004 X X DIVISION oBe X X s: None AND ZONING ADDITIONAL PLANNING AND DEVELOPMENT BOARD coNDITIONS 1. Text describing conditional use shall also state that all pre-Cut sections of meat entering the use shall not exceed i0 pounds and waste generated shall not exceed 1%. ~DDITIONAL cITY coMMISSION CONDITIONS To be determined. MWR: dim OF ~,Pa cc 2-~-~.ooc X X DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BERRY VEAL APPLICANT'S AGENT: Richard W. Carlson, ~lr., Esq. APPLICANT'S ADDRESS: 1421 Neptune Drive DATE OF HEARING RATtFICATION BEFORE CiTY COMMISSION: Februaryl 1, 2000 TYPE OF RELIEF SOUGHT:theAmendcuttingthe~M-l' zoningof sub-pr/rnajdistdCtportionsregulati°ns to allow as a Conditi ,serving port~ons . _ of meat and r - .onal use oes ' ~,., nc. iud ng pac~(a i · P.e cut poultry Into er pt on of the re,ated proh/b/'teg~fngusaens(~ sh,pp,ng, and to c/ar/fy the LOCATION OF PROPERTY: 1421 Neptune Drive DRAWING(S): SEE EXHIBIT "B. ATTACHED HERETO. ~ THIS MATTER c appeadn o arne before · · g n the Consent A the City Cornrn s ' findings and recornrne...~-.- gen. d..a on the date above -r~._ s...s..~n_of the City of Bovnton R~,..~,..-, -ua[Ion eT the Pi nnin .... ' '"~ ~.Jt'y (--;OrnrniSSl '. -- ~'-=~.., ~- or/da OR a ..... u =no ueve/oprnent Board ,.,~o~n,.h,..ereby adopts the , ...,,.. =card found as follows: ~lorida rne on to be heard before the C , ' ' of - relief sought by the ann co-'~ ~_~,nng stated above. The O' ity .C..om. rnl.sslon the C~t ..... · ~.u heard tes' ~_ ity Commission · . y of Boynton staff and the public finds as follows: tlrnony fr,:,,, the applicant, rnen~..a.v../n_g~ c.~sid, ered the -.,-, o u[ cl~y aorninistrative 1. Application for the relief sought was made by the Applicant in a manner the requirements ~1' the City's Land Development Regulations. consistent with 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 supportect b sub - forth on Exhibit ,,c..~. w,~."':"- no~a[ion ..... - nc Uded".Y Stanbal COmpetent evidence are as set 4. The Applicant's application for relief is hereby ~X GRANTED subject to the conditions referenced in paragraph 3 hereof. ~ DENIED 5. This Order snail take effect immediately Upon iSSUance by the City Clerk. 6. andAll furtherconditionsdeveloprnentof this order·eh the property Shall be made in accordance with the terms 7. Other TO: ' 'FRO~: RE; 3anuary 27, Z~00 Honorable'M~°r~ and City :commissiOn 3ames A. cheref, C~b/Attorn ¥ Adcion There' are fi~e 3AC/~I Requested City Commission Meeting Dates [] November 16. 1999 [] December 7, 1999 [] December21, 1999 [] January 4, 2000 NATURE OF AGENDA ITEM IV-CONSENT AGENDA 'TEM D. 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIvl Date Final Form Must be Turned in to City Clerk's Office November 3, 1999 [5:00 p.m0 November I7, 1999 (5:00p.m.) December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) [] Administzative [] Consent Agenda [] Public Hearing '-] Bids ] AKnouncemen[ Requested City Commission Meeting Dates [] January. 18. 2000 [] February 1. 2000 [] February 15,2000 [] March 7. 2000 -q Dat~ Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.} February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) Developr~ent Plans New Busi0.ess Legal Unfmished Business Presentation RECOMMENDATION: Please place the request below on the February 1s~ City Commission agenda'under Consent - Ratification of the Planning and Development Board Action. The Plamfmg and Development Bofird recommended that the subject request be denied. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00-012. EXPLANATION: PROJECT NAME: AGENT/OWNER: LOCATION: DESCRIPTION: DAVID CHAFIN David Chafin 640 NE 15t~ Place Request for reliefl}om Chapter 2. Zoning, Section 5 (C)(2)(a), requiring a minimum rear setback of 25 feet to allow a 9 1/2 foot rear variance, or a rear setback of 15 1/2 feet to construct a detached addition to a single family home. PROGRAM rMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zon~ Director City anag~]'s,s~_Signamre Attorney~ F/lfiance] Human Resources Staff Report Planning and Development Board and City Commission Meeting Date: File No: January 25, 2000 ZNCV 99-021 - Rear yard setback Location: 640 Nor[heast 15~h Place Owner: David Chafin Project: Detached building accessory to single-family house. Variance Request: Reques. t relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, to allow a 9 ¼ foot reduction from the twenty- five (25) foot rear yard setback required wth n the R-l-AA single family zoning distdct to allow a 15 ~ foot setback. BACKGROUND The subject property and nearby neighborhood is currently zoned R-l-AA, single family residential. The lot is currently developed and conforming with the R-l-AA zoning district requirements. Currently, the subject neighborhood is mostly developed (see Exhibit "A~' - Location Map). ANALYSIS The code states that the zoning code vadance can not be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning distrfct. Page 2 David Chafin File No. ZNCV 99-021 That literal interDretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and w°uld v~rk unnecessary and undue hardship on th~ appficanL That the variance granted is the minimum variance that will make possible the reasonable use of the land, bu'ilding~ br StrUcture. f. That the grant of thb variance will be in harmony with the general intent and purpose of this chapt-e/; [ord~'nance] a"nd that Such variance ~ill not be injurioUs'to ~he ar~a ~nv~lved or otherwise d~trimental ~o the l~Ubtic welfare. (Exhibit "B" contains the applicant's response to the above criteria.) Staff has conducted th s a,~]a ys s focus ng on terns "a" "b" and c requeS~is initiated,bY` special:cbndJ~ ons and circumstar~ces that are p~e'c~li';r' 'i;"tl~e~s%r~ta[an~de' structure or building, ~h c~i,are not a result, of the actions Of the applicant add that granting of the variance woul(J'~Otl c°nfe? on the applicant any special privilege that is; den ed 'b~; the regulati(~ns to other~'~oroper~ie~s within th~ Same zoning district. . According to the applic~ propertyowners The applicant there~,e has provided a floor plan): staff r~a[ setback reductions ~avi Furthermore, the s~!bje¢ situated ona standard generated by the appl ~t!s resp, onse~o the above-cnteria the applicant fee sthat other ;!~`h..~ood have been a owed the priv ege Of redu~d rear se ~ ~..~,~.,, ,~ ,. . tbacks ¢~,~ ,he ,s also ent t ed to the same privilege, an8:a~,c,e, rd ngly, he fl&oi~ ~lan d~pictingthe proposed addition (see Exhibit C - proposed ied C {y reco'~'ds and was u~able to verify that anys ~ilar variances for 3een grantedwithin c(ose proximity to the subjec~ p!'operty, request has been initiated for the so e ex ans on of . ,,,~..,,,; ,, p . a home that ~s ~i;~h ~ t~ls ne ghborhood Therefore the c rcumstar~ces are ~t,;SSleiy ~or individual benefit. There exists a ro~'im te 125 · · · · PP ,,:~ ?. ,: y~,, feet between the rear of the existing s~ng e farr rear setback hne. T~he!~eror,e, it;appearS that,sufficient space exists to d-esii3h ~ e~ther an attached d~ detached ~mprovement to this home wlthout~-the nece~s~ iJy home and the md construct y for a variance. ~pace, with~ the ttainabJe within ~,bns Staff therefore recommends;t,hat the reiquest for a 9 ~ foot rear yard setback ~ducti?n be denied. NO condltio/'~s of apP~0,~al are r~Commended; however, any condltionsl~f aPl~roval recommeqded by the.,piann[ng and Development Board or C ty commission W il be I~ced in Exhibit "D". ' ' ~ P MR/dim EXHIBIT' "A" 0 · :: FEET EXHIBIT "C" EXHIBIT "D" Conditions of Approval Project name: Dave Chafin File number: ZNCV-021 (rear yard setback) Reference: Zoning Code Variance Application dated DeCem }99. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Cgmments: None X Comments: None X POLICE Comments: None . X E~br~mEPaNG DrVIS~ON COmments: None ~ X BUILDING DIVISION Comments: None X , PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. DENIED X ADDITIONAL CITY COMMISSI°N CONDITIONS · 2. To be determined. ',ICWCOND. OFAPPR CC 2-1-00 REAR SETBACK.DOC DEVELOPMENT ORDER OF THE CI'TY COMMISSION OF THE PROJECT NAME: DAVE CHAFIN APPLICANT'S AGENT: DAVE CHAFIN APPLICANT'S ADDRESS: 640 NE 15~n PLACE BOYNTON BEACH FL 33435 DATE OF HEARING RATIFICATION BEFORE CiTY COMMISSION: FEBRUARY 1, 2000 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION Of PROPERTY: 640 NE 15t' PLACE DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS M~ ~TT,. ER came before the City Commission of lhe City of Boynton Beach, Florida ~e~on th'e C0~ Agenda or~ the date above. The City Commission hereby adopts the ~ ~ndings ~nd recommendat on of the Planning and:Development Board, which Board found as fdllows~! .:OR THIS MATTER came on tobe heard before the City Commission of the City of Boynton !Beach, Flon~da onthe da~e of hearing stated above. The City Commission hav ng considered the - ~relief sough~ by the appelant and heard testimony from the applicant, members of city administrative ~taff and the public finds as follows: Application for the tel ef sought was made bythe Applicant in .a manner consistent with, the requirements of the City's Land Development Regulations. The Applicant HAS x HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant. administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby ..~. GRANTED subject to the conditions referenced in paragraph 3 hereof. x DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order, 7. Other DATED: MEMORANDUM TO: FROM: RE: January 27, 2000 Honorable Mayor and City Commission .lames A. Cherof, Oty Attorney ',[~/~;L~ Ratification of Planning & Development Board Action There are five (5)agenda items designated for inclusion on the Consent Agenda which ! am recommending be pulled from Consent and discussed under either Development Plans or Legal Other. They are Items D.t., 2, 3, 4, and 5. Requested City Commission Meetinff Dates [] November 16, 1999 [] December7, [999 [] December21, 1999 [] January 4. 2000 NATURE OF AGENDA ITEM IV-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date FinaI Form Must be Turned in to Ci~f Clerk's Office Requested City Commission Meefine Dates November3, 1999 [5:00 p.m.) [] ~lanuary lg, 2000 November 17, 1999 (5:00 p.m.) [] February 1, 2000 Decemberg, 1999(5:00'p.m.) ~-~ February I5,2000 December 22, t999 (5:00 p.rm) [] March 7, 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office JallUal~ 5, 2000 (5:00 p.m.) Jauuary 19, 2000 (5:00 p.m.~ February 2, 2000/5:00 p:m.~ February 16, 2000 15:00 p.m.) Development Plans New Business Legal Unf'mished Business Presentation RECOMMENDATION: Please place the request below on the February 1 st City Commission agenda under Consent - Ratification of the Planning and Development Board Action. The Planning and Development Board with a 6-1 vote. recommended approval without conditions. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00-014 EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCR/PTION: SAMMY BERRY BUILDING Kimberly A. Dellastatius AIA PA Sammy Berry Jr. and Eula Mason-Berry l 10 Martin Luther King J. Boulevard Request for relief from Chapter 2. Zoning, Section 6(B)(3) reqmrmg a minimum side setback of 15 feet to allow a 10 foot variance, or a 5 foot side setback. PROGRAM I1VIPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Deparf~n( ~ f D~'~et o-p[nen~ Director Planning and Zonin~Director DEVELOPMENT S Staff Report Planning and DeveloPment Board and City Commission Meeting Date: File No:,. Janua~ 25,2000 Location: Martin L:uther King Boulevard, 75 feet east'of Seacrest Boulevard. Owner: Sammy Berxy Jr. and Eula ~v ason-Berw; Project: A new one-stop];office/retail building. Variance Requests: 1) Request for relief from the City of Boynton Beach Land Development Regu. ations Chapter 2 Zoning Section 6 (B) (3) to allow a ten (10) foot reduction from.the minimum, fifteen (15) foot side yard setback or a five (5) foot front setback: 2) Request for relief from the City of Boynton Beach Land Development Regulations Chapter 2, Zoning, Section 6 (B) (3) te allow a thirty (30) foot reduction from the minimum thirty (30) foot front yard setback, or a zero (01 foot front yard setback; and 3) Request'for relief from Chapter 23, Parking Lots. Article II (H) (3), requinng a minimum separation of one hundred-eighty (!80) feet between a driveway and intersection to allow a twenty-eight (28) foot reduction, or a separation of one- hundred-fifty-two (152) feet. BACKGROUND The subject property and adjacent parcels are currently zoned C-2, Neighborhood Commercial. The lot is currently vacant, clean of debris and overgrown grass, and conforming with the C-2 zoning district regulations. There is a mixture of built and vacant properties along this corridor of Martin Luther King Boulevard, and the use to the west of the subject property, located at the corner of Martin Luther King Boulevard and Seacrest Boulevard, consists of a restaurant (see Exhibit "A" - location map). A site plan for this project has been submitted concurrently for City consideratior reflecting those setbacks as proposed by the subject variances. The subject variances are requested in order to place the building along thesidewalk, rather tt~an 30 feet back. and to allow the building to be shifted toward one side to faCilitate placement of a two-way driveway alonc the opposite side and parking in the rear of the project. The Martin Page 2 Sammy Berry File No. ZNCV g9-018 Luther King Bou evard has been targeted for redevelopment efforts as documented in the Vision 20/20 Redevelopment Plan and will ultimately be the subject of a district design study and new development ~'egu arians to implement sa d study and the v sion fo~ the corr der. The new vision fbr ii~e cart der iS based n I~a~t ~ tradit cna ;design p~- nc p es r: .~commended for the d~Wntown arba by ~h~ 'Rbde~/eloprr;ent Plan. As the propo~ed proj~ct h; sPreceded establishment of the district plan and ~0rresponding regularlY)ns, staff ~as al' ernatively chosen to use the variance process to achieve the desired des gn for the prelect T ~e proposed project would be a pss rive improvement' for the ;:,or~: der arid a possible c;'talyst for; ;imilar future inierest an(~ ~nvestmer{t.' Rather than Pes~ bly jeopard z ng the' projectj or a ~wing it to be c~dst~uc~ed accord ng to Cu~rent'~-egul,at Ons~h c~;corttradicts t~e deSiredcl ~araoter for the a~'sa, S{aff pr,n~&tes.(~e-granfin~"o¢ ~arian~eSjn ,thio c~se~ ~- unti~ SUch time tha( the appropriate code ¢evi~isr~ are r~ade. ' ANALYSIS The code states that the zoning code variance can not be approved unless ~he board finds the following: That special conditions an¢i cb'cumstanc.es, e~st which are peculiar, to the land, structure, or bui~ding invblved and Wt¢/ct~are no~ a"pp)i~ble to other/~nds. Structbres or buildings i~ the same zoning,, district. b: That the special conditions and circumstances do not. result from the actions of the applicant. That " *¢ ~ '~ranun~ru/e variat~ce requested will, not confer on the applicant ar~ secial rivil th. at. !s. den/ed by this=ordinance to othe~:l, nds, buildings, or structures ih the same zon~n,, a/s~ncr. ~ d That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonl~/ enjoyed by:ether prope~ies i~ the same zoning district bnder the terms of the ordinance and ~v(~'uld ~j( Unnec~ss"a~ and Undue hardship on the ~pplicant. e. That the variance granted is the minimum vadanca that. wilt make poss/ble the reasonable use of the land, building, or ~tructure. f. That the grant of the van'ance will be in fiarmony with the~eneral intent and purpose of this chapter [ordinance] and that such variance will n~t be injurious to th~ area involved or otherwise detdmental to the public we/fare.. Please see Exhibit "B" for the applicant's response to the above cr teria. The proposed project could be designed to comply with current setback regu ations for this property, without the granting of th~ subject setl~ack variances, if the proposedldes gnwas typical including placement !of the building toward the center or rear of the property, and parkin in front of the building. However this typical d~Si~n obiect ve-czeneratR~ b,e ~,,uburban.',in character; lacks ~edestrian-frien~ly c~aracteri"stics streemcape taeric and more safe walking and' biking environmerffs, and could ~ncourage or Page 3 Sammy Berry File No. ZNCV 99-018 support businesses and project signage which may contradict the vision for the area. This segment of the Mar[in Luther King Boulevard corridor possesses characteristics similar to Ocean Avenue; ,aS/t iS a connb~br between'twO priridf¢) e r0ad~ys c0nt,a!n?, ~ mi~ur¢ of, land uses inC]udir~g,rbSJ~'ntial'i'a~dl has b~e~ Ce~rfii-n6'n~ed~fpr ge'?~ y:~s act~v t es by.;,~he;V~ s on 20~O.Re'development P an (see Exhibit C With resp~;t¢ impa~ ~pon adja,cent ?:o,~ ~prop,°,'S. ed Setbacks would ar~ esta~bffs~ed b~i~n: ~" a~ a~'g~]}~;r: ~i¢,~,exi~ti~g:buildin~sethac~ ~,;~ost se~e~al p~ope~' remain uhd~f~ed. ., Jired hum dista~ ~ only Will not support with :ted; ::)evel~p~ent Board er City MR/dim desires LOCATION MAP EXHIBIT "A' SAMMY BERRY BUILDING --,'-t:=l.-q'. --- I:=:1 !:::= ~ KIMBERLY A. !~ t_ - ?L?'. :,':~'~"~ DELLASTATIOU$ A~,PA 422 North D/x:ieHighv~y 5612582 5622 - EXHIBIT "B" · December2, 1999 REVISED 12/14/99, 115/00 Re: sammy Berry Bti/Iding Zoning Variance Submittal, i i0 Martin Luther King, Jr. Blvd. :We ~ pmlmsiv-~, an a6omximatdv 2' 950 ~f Office / Retail one stm7 building onMartin Luther. King Jr. Blvd. Due ~:: ~ ~ ~ge~ o~ ~ ~ ~o~ ~I~ ~ for : ~ .Ir., Blvd. 3. b~ tl~ O~ir~e. to Tlmr~%0~ fol,{o~ time'an&assistance concerning this mt~er: ~you:~z D~ASTAT[OUS:;~A P~sideht ' [mt such to. contact me. EXHIBIT "C" c? Project name: Sammy Berry File number: ZNCV 99-018 (side yard setback) Reference: DEPARTMENTS iNCLUDE REJECT X X X PARKS AND I~CREATION Comlnen~s: FOKESTERfENVIRONMENTALIST Comments: None ) ZONING AND DEVELOPMENT BOARD cONDITIONS X X X 1. NONE ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. BERRY BUILDING',ZNC~CON E · t-00 .~IDE SETBACK.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: SAMMY BERRY APPLICANT'S AGENT: KIMBERLY DELLASTATIOUS AIA. PA APPLICANT'S ADDRESS: 516 S Dixie Highway #lA Lake Worth, FI 33460 DATE OF RATIFICATION BEFORE CITY COMMISSION: FEBRUARY 1, 2000 TYPE OF RELIEF SOUGHT: Side yard setback from property line (ZNCV 99-018) LOCATION OF PROPERTY: Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard. DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. ~ X . THIS,MATTER came before the City Commission of the- City o.f,,E~oynton Beach. Florida appearing ~)h the Cd~sent Agenda Qn the date above The City Commission herebyadopts th'e findings and m-cbmmendafi0n of the Planning and Development Board, which BSard foUr~d as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, F or da on the d_ate of hearing stated above. The City Corem ssio~ havinp, considered the re ief:sought by the appiicant and heard test mony from the applicant, members of city administrative staff and the public finds as follows: Applicat on for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS _ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. __DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order 7. Other DATED: S:~PLAN N~NG~$ HARED'~WP~PRO JECTS~AMMY ~ERRY BIJILDIN G~.NC'~AD EVELOPMENT ORDER-i.' ~-00 SIDE SETBACk. DOC TO: FROM: RE: MEMORANDUM 3anuary27,2000 Honorable Mayor and Oty Commission .]ames A, Cherof, City Atto~y ~~--l~ Rafifica~on of Plann ng& D~velopment Board Addon 3AC/ral Requested City Corer/fission Meeting Dates [] November 16, 1999 [] December7, 1999 [] December21, 1999 [] January 4. 2000 NATURE OF AGENDA ITEM IV - CONSENT AGENDA ITEM D.4 CITY OF BOYNTON BEACIq AGENDA ITEM REQUEST FOIl,. Date Final Form Must be Turned in to City Clerk's Office November 3, 1999 (5:00 p.m.) November 15, I999 (5:00 p.m.) December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Amlouncement Requested City Commission Meeting Dates [] January 18, 2000 [] February 1, 2000 '--] Februa~ 15. 2000 [] March 7, 2000 Date Final Form Must be Turned in to Cit~ Clerk's Office Jalluary 5, 2000 (5:00 p.m.) January 19,,2000 (5:00 p.m.I February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00p.m3 Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the February 1s~ City Commission agenda under Consent- Ratification of the Planning end Development Board Action. The Planning and Development Bo~d, with a 6-1 vote. recommended approval without conditions. For further details pertaining to this request see attacl~ed Department of Development Memorandum No. PZ 00-015. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: SAMMY BERRY BUILDING Kimberly A. Dellastatius AkA, PA Sanmqy Berry Jr. and Euta Mason-Berry 110 Martin Luther King J. Boulevard Request for relief fi'om Chapter 2. Zoning, Section 6(B)(3) requiring a minimum front setback of 30 feetto allow a 30 foot reduction, or a zero [0) foot g~thack. PROGRAM IMPACT: N/A FISCAL I1VIPACT: N/A ALTERNATIVES: N/A D eparma~ c~pm~Jen;Dir ectlr /~. ,.e-/ Plaiming and Zo~tbirector City ,Men ,~/ger's Signature x-City Attorney//Pfnance Hfiman Resources ~ DEVELOPM Staff Report Planning and Development Board and City Commission Meeting Date: File No: January 25, 2000 Driveway dis{ance Location: Ma~.i~ hut~er K r~g Boulevard, 75 feet east of Seacrest. Boulevard. Owner: Project: Sammy Berry Jr. and Eula Mason-Berry A new or~e,Story office/retail building. Variance Requests: 1) Request for relief from the City of Boynton Beach Land Development Regulations Chapter 2~ Zoning, Section 6 IB) (3) to allow a ten (10) foot reduction ,from the ,minimum fifteen (15) foot side yard setback or a five (5) foot front setback; 2) Request for relief from the City of Boynton Beach Land Development Regulations Chapter 2, Zoning, Section 6 (B) (3) to allow a thirty (30) foot reduction from the minimum thirty (30) foot front yard setback, ~r a zero (0) foot front yard setback; and 3) Request for relief from Chapter 23, Parking Lots; Article II (H) (3), requiring a minimum separation of one hundred-eighty (1801 feet between a ddveway and intersection to allow a twenty-eight (28) foot reduction, or a separation of one- hundred-fifty-two (152) feet. BACKGROUND The subject property and adjacent parcels are currently zoned C-2, Neighborhood CommemiaL The lot is currently vacant, cJean of debds and overgrown grass, and conforming with the C-2 zoning district regulations. There is a mixture of built and vacant properties along this corridor of Martin Luther King Boulevard, and the use to the west of the subject property, located at the corner of Martin Luther King Boulevard and Seacrest Boulevard, consists of a restaurant (see Ex ~blt A - location map). A s~te plan for th~s project has been submitted concurrent y for C ty consideration reflecting tho~e setbacks as proposed by the subject var ances. The subject variances are requested in order to place the building along the sidewalk, rather than 30 feet back, and to allow the building to be shifted toward one side to facilitate placement Page 2 Sammy Berry File No. ZNCV 99-019 of a two-way ddveway along the opposite s de ahd parking in the rear of the project. The Martin Luther King Boulevar~ has been targeted for redevelopment efforts as docum~ented in the Vision 2(3120 Redevelopment Plan and wil ultimately be the subject of a distd~t design study and new d;evelopme,nt ~'egulations to implement said study and the vis~or~ for the corddor The new'Vjsi0n, for the cQrridor is based,.in PaFt,-on, tcaditional design.pdnc!ples recommended for the downtown area by the ,RedevelolPment P an. As the proposed project haspreceded establishment of the distdct plan and corresponding regulations, staff has alte~atively chosen to use the ~,adance,process to achieve the desired design for the project. The proposed project would be ~ positive, improvement ~=or th.e corridor~and,a poss bte cata yst for similar future interest ar~ inVe'stmer;t.'r Rather thart, possibly i jeoPardizing, the: proje~tl, or allo~[ng it to 'be co~$tr, u¢~t~d'~.~O~ir~g~to,~rent ~egul~ti0ns "~'hich~contradicts the desired Character for the area', st.aff~,P~om0tes~the grantihg.of Variances in this case, b~ until, such t me tha~ thb approp~t~cede ~ViSidr~sare made !. ,. ~ ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: a. That special conditions.and circumstances exist wflich are peculiar to t~e land,' structure, or buit'ding involved and which are not applicable to other l~hds, structures or buildings in the same zoning:district. b. That-,the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that i~ denied, by this ordinance to other lands, buildings, or structures ii'the sam'e zoning district. d. That literal interpretation of the provisions of this ordinance would deprivp the applicant of rights commonly enjoyed by other prol2er#es in the same zoning distr)ct Under the terms of the ordinance and would work unnecessary and undue hard~hip on the al~plicant. e. That the variance granted is the minimum variance that will make possible~ the reasonable use of the. land, building, or structure f. That the grant of the variance will be in harmony with the general intet~t and purpose of this chapter [ordinance] and that such variance will not be injurious to th~ area involved or otherwise detrimental to the public welfare. Please see Exhibit "B" for the applicant's response to the above criteria. The proposed project could be designed to comply with current setback regulations for this property, without the granting of the subject setback variances, if the prop(~seddesign was typical including placement of the buildir~g toward the center or rear of the property, and parking in front of the building. However, this typical design objective generates a project that tends to be "suburban" in character; lacks pedestrian-friendly characteristics such as a 'J/isually pleasing Page 3 Sammy Berry File No. ZNCV 99-0t9 streetscape fabr c and more safe walking and biking environments; and could encourage or support businesses and project signage which may contradict the vision for the area. This uses ;onflicf with most be the ppo~ ir thoWaa ~!:phl iiiii i~ei°~eP~~r~tse~;~ad'~";nl d d e s i res MR/dim LOCATION MAP SAMMY EXHIBIT "A" 422 N~orth DLxie Highway ' 'Lake Vv'°rth, Florida 33460 56 i-582-5622 December 2,' ! 999 REVISED 12,'14/99, 1/5/00 Re: Sammy BerrTBudldingZoning Vatian~ Submittal. 110 ~ Luther K/ng~ Jr. Blvd. ~ o~ zon~ ~for ~h Tim.ak you Sincer~Iy, ~ KIMBERL¥:_A. DELLAsT~TIOUS AIA,p~ matter. If you have~y qu~riogs,~m~.~ I frae to ~atactme EXHIBIT "C" Conditions of g2pproval Project name: Sammy Berry File number: ZNCV 99-019 (front yard setback) Reference: Zoning Code,Variance Application dated,:December,2 1999. DEPARTMENTS ' CLUD RE 1N E JECT PUBLIC WORKS Comments: None ' X ~mments: None :~ : X ~g'mments: None : ' ' ' ' ; x ,~ents: None Drns oN Go~ nts: Noxie : me · B~D1NG DIVISION C~mm None X Comments Nort~ X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING COmmentS: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. ;J:\S H RDATA~PLAN NIN G\SHARE D\WP\P RO J ECTS\SAMMY E~ERRY BUILDING~NC'~COND. OF APPR CC 2-1-00 )NT SETBACK.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: SAMMY BERRY APPLICANT'S AGENT: KIMBERLY DELLASTATIOUS AIA, PA APPLICANT'S ADDRESS: 516 S. Dixie Highway #lA Lake Worth. FI 33460 DATE Of HEARING RAtlFI CATION BEFORE CiTY COMMISSION: FEBRUARY 1,2000 TYPE OF RELIEF SOUGHT: Front yard setback from property line (ZNCV 99-019) LOCATION OF PROPERTY: Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard. DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MA]I'ER came before the City Commission 0f the City of Bpynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission he,i-eby adopts the fi~dings and recommendation of the Plannihg' ah~l Development Board. Which Board four~d as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, ~lorida on the date of hearing stated above. The City Commission havirig 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 X HAS _ HAS NOT established by substantial competent evidence a basis for the relief requested 3. The conditions for development requested by the A~plicant. administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D' with notation "Included". 4. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof, DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk, All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: J:\SH RDATA'~PLAN NIN G~$ HARED'tWP~P RO.~ ECTS'~SAMMY BERP, Y BU ~LDING~ZNC'v~DEVELO PM E NT ORDER-I*19-O0 FRONT SETBACK. DOC TO: FRO M: RE: MEMORANDUM 3anuary 27, 2000 Honorable. Mayor and City Commission _lames A. Cherof, C ty Attorn~ '~ [~A~ Ratificatio~ of Planning & Development 8oard Action _lAC/ral Requested Ci~ Commisalon Meeting Dates November 16, i999 [] December 7. 1999 [] December21, 1999 [] January 4, 2000 NATURE OF AGENDA ITEM IV - CONSENT AGENDA ITEM D.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORever Date Final Form Must be Turned in to City Clerk's Office November 3. 1999 (5:00 p.m.) November 17, 1999 (5:00 p.m./ December 8. 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) [] AduYmistrative [] Consent Agenda [] Public Hearing [] Bids Requested City Comnfission Meeting Dates [] Jallllary 18, 2000 [] February 1. 2000 [] February 15, 2000 [] March 7. 2000 Date Final Form Must be Turned in to City Clerk's Office Janua~ 5, 2000 (5:00 p.m./ January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) Development Plans New Business Legal Unfmishe~ Business Presentafibn RECOMMENDATION: Please place the request below on the February 1s~ City Commission agenda under Consent - Ratification ofthe Planning and Development Board Action. The Planning and Development Boardwitha 6-1 vote. recommended approval without conditions. For further details pertaining to this request see ~ttached Department of Development Memorandum No. PZ 00-016. EXPLANATION: PROYECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: SAMMY BERRY BUILDING Kimberly A. Dellastatius AIA, PA Sammy Berry Jr. and Eula Mason-Berry 110 Martin Luther King 1. Boulevard Request for relief fi'om Chapter 23, Parking lots, Attic? I1(I-I)(31 requiring a rmnimum separation of 180 feet between a driveway and intersection to allow a 28 foot variance or separation of 152 feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A e' m ~rector Dep ~ v ~ . Planning and Zoni~(g/Dkector Staff Report Planning and Development Board and City CommissiOn Meeting Date: Janua~ 25.2000 Location: Owr~er: Mar~in :Luther King Boulevard. 75 feet east of.Seacrest Boulevard. S~mrny B?rry Jr.-~and Eula Mason-Berrs, Project: A new one.story office/retail building. Variance Requests: 1) ReqUest for relief from the City of Boynton Beach Land Development Regulations Chapter 2, Zoning, Section 6 (B) (3) to allow a ten (10) foot redu~ti~r~ from tl-ie min mum fi:~een (15) foot side yard setback or a five (5) foot front s~tback; 2) Request for relief from the City of Boynton Beach Land Development Regulations Chapter 2, Zoning, Section 6 (B) (3) to allow a thirty (30) foot reduction from the m~n~mum thirty (30) foot front yard setback, or a zero (0) foot front yard setback; and 3) Request for relief from Chapter 23, Park ng Lots. Article II IH) (3), requiring a minimum separation of one hundred-eighty (180) feet between a ddveway and intersection to allow a twenty-eight (28)i foot reduction, or a separation of one- hundred-fifty-two (152) feet. BACKGROUND The subject property and adjacent parcels are currently zoned C-2. Neighborhood Commercial. The lot is currently vacant, clean of debris and overgrown grass, and conforming with the C-2 zoning distdct regulations. There is a mixture of built and vacant properties along this corridor of Martin Luther King Boulevard, and the use to the west of the subject property, located at the comer of Martin Luther King Boulevard and Seacrest Boulevard, consists of a restaurant Isee Exhibit "A" - location map). A site plan for this project has been submitted concurrently for City consideration, reflecting those setbacks as proposed by the subject variances. The subject variances are requested in order to place the building along the sidewalk, rather than 30 feet back. and to allowthe building to be shifted toward one side to facilitate placement of a two-way driveway along the opposite side and parking in the rear of the project. The Martin Page 2 Sammy Berry File No, ZNCV 99-020 Luther King Boulevard has been targeted for redevelopment efforts as documented in the Vision 20/:~0 Redevelopment Plan, arid will,ultimately be :tE~ subject of a district design study and new development regu at ons to i~nplement sam stu¢ly and the vision for the corr dor. The new v!sion for'th..e~corridor.is based, in part, on traditional design.principles recommended for the downtown area by the Redevelopment Plan As the p~,op, osed project ha~ preceded establishment of the district plan and co~responding regulations, staff has alternatively chosen to use the variance pmces,s to achieve the desired design for the project. Thy proposed project would I~e a positive ii:npro~ernent'for the corridor and a Possible Catalyst for similar, future interest and investment. Rather than possibly jeopardizing the project or allowing it-to be constructed according to current regulations.~vhic~fl contradicts the desired ch:~racter for the area, ~ta~ prbmo'tes'ihe.'g.rar;~ir~g ~ ~a~ian(~es in ~is case, ~r until~such time that the appropriate bode reVisior~ are made~ ANALYSIS The code states that the zoning code vanance can not be approved unless the board finds the foJtowing: a. That special conditions and circumstances exist which are peculiar to t¢e land, structure or b~il'ding involve8 and wt~ich are not applicable to other lands; structures or b¢ildings in the same zoning district. b. That the .special conditions and circumstances do not result .from tt~e actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this 'ordinance to other lands, buildings, or structures ih the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonl~ enjoyed by other properties .in the same zoning district Under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that wi#make possible the reasonable use of the land, b~'i/ding, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Please see Exhibit "B" for the .applicant's response to the above criteria:. The proposed project could be designed to comply with current setback regulations for this property, without the granting of the subject setback variances, if the proposec~ design.was typical including placement of the building toward the center or rear of the property, and parking in front of the building. However, this typical design objective generates a pro,,ect that tends to be "suburban" in character; lacks pedestrian-friendly characteristics such as a visually pleasing streetscape fabric and more safe walking and biking environments, and could encourage or Page 3 Sammy Berry FiFe No. ZNCV 99-020 support businesses and project signage which may contradict the vision for the area. This segment of~ the Martin luther King Boulevard corddor possesses Characteristics similar to Oqean A~L~nue;. as .it,is a.connector between-two principle roadways, contains~ a mi~[ure ~:f~ and usesi, i~,cl,~zding; ~sid.,Sr~tia~" ahd has be:er~ re~omff~eh~ed fbr gener;;ily:;~ F~i ~::¢~8~gei~'p~f actlwtles::by.the.:~/isio,n 20/20 Redevelopment*Plan '(see Exh b t "C' = 'prol~o~b6 site D ~n~.' as an ur part, of thi~ With respect to mpacts upon adjacent properties, the proposed setbacbs, Wo~ld n~[ conflibt :witti any establfshed building-pattern along the corr~d~i-~i~' ?( ~i',~g ,bui!di~ ~t~ca~,:;va~ m~t existing :~;~merc ~[ buildin~ ~ere c0nS~raCt~[~ ~',~d~' t~'t~ ~e:~,'&~'~~ With respect to the requested parking lot variance, Which represents ~,(~d~,~i~n p ~ r~quired separation.~een a driveway and ntersect eh it ShobB b~ nb[ed ~f~i~ i~,~;~i~m. d~stance the driveway cou d be placed from th~ inCersection (the fa[ side e~t~e pro~ ~ bn v 175 feet from the intersect on) t shou d a so be sta~¢~ that regard e~, ¢~r~4ff~ d~jg~ the proposed ~dr~veway,Would no~ sat~s~ the requ ~d-se~araSen, d~stan~,~ul~;~e(efpre still require cude;~[elief'. Given~that the' dH~way~d~ld ;b~ in'~x~ess ~f i'~ ~'¢:~ ?, nterse~ on and that ult mate corr der des'gn w 'n ~ address t~¢~ ~ace(y ~i 'not be reducedby the subject variance ' CONCLUSIONS/RECOMMENDATION ~:';: . ; As supported-herein; staff're~mmend~ the.s~bjeCt ~rian~b~re~ues~B';l~:'~l~oved to suppoA the desirable des gn and development o~ th s corr dor wh Ch w u~ ~e~y be'~he subject of design rewew pursuant ~o,,re~mmendat~ons from the redevelopment p a~ cDns stent w th current design conce~s pmmot~ by s~ff. No cond~Ons of~a~rovaF~ ~m~hded; however, any ~nditions of a~proval added by the Plan ng and Dev~ 0P~n~ Board or C ty Commission ~ill be'pla~e~i~Xhibit "D~, ",., ,- r ~, ~;~h -'- : ,, : While staff doeS not endorse U~ of the variance process in ~a~e~;ab~¢~,~f t~aditienal hardship, staff recognizes that the oppoAunity ,for are~ redev~l~pmeqt ~ ~q~acff¢ and desires to suppo~ t ~thout de ay a~ negat ve aff~t on p~e~ R~ MR/dim LOCATION MAP EXHIBIT "A" SAMMY BERRY BUILDING --- ~ EXHIBIT ~'~B" DELLASTATIOUS AIA,PA December2. 1999 REVISED 12/14/99, 1/.5/00 Re:' Sammy Ber~ Building Zoning Varianc~ Submittal, 1 i0 Martin Luther King, Jr. Blvd. y' ; a~ pmposi ' _ EXHIBIT "C" L BIT D Conditions of Appr0val Prqiect name: Sammy Berry File number: ZNCV 99-020 (driveway distance) Reference: Zoning CodeYariance Application dated De~ember 2, 1999. : INC ELUD DEPARTMENTSRE JECT pUBLIC WORKS , Comments: None X Gomments: None ," X COmments: None. ENGiNEERING,DIVISION ~ ents No~e X BUgDING DIVISION e~s ^ND Pa~cm~^~r~ON Comments: None : X FORESTEIVENVtR©NMENTALIST Comments: None X PLANNING AND ZONING Comments: N~,~e X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X NONE. i 1. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. 21, J:\SHRDATA~PLANNING\SHARED\~VP\PROJECTS\SAMMY BERRY BUILDING~ZNC~ACOND. OF APPR CC 2-1-00 D~IVEWAY~ DISTANCE. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: SAMMY BERRY APPLICANT'S AGENT: KIMBERLY DELLASTATIOUS AIA, PA APPLICANT'S ADDRESS: 516 S. Dixie Highway #lA Lake Worth, FI 33460 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: FEBRUARY 1 2000 TYPE OF RELIEF SOUGHT: Driveway distance from intersection (ZNCV 99-020) LOCATION OF PROPERTY: Martin Luther King Boulevard= 7{5 feet east of Seal, rest Boulevard. DRAWING(S): SEE EXHIBIT "C" A'I-I'ACHED HERETO. ~. THIS MATTER came before the.C ty Commission of the~City of E~oynton Beach, F or da appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board. wi~ich Board :routed as follows: OR THIS MA-i-I'ER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the d~ate of headng 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 X HAS _ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the AISplicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby X GRANTED subiect 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: J:~S H RDATA\P LAN NINGkS HARE D\WFAPRO J ECTS\SAMMY BERRY B UILDING'tZNCV~D EYELO PME NT O RD ER-1-19A~0DRIVEWAY DISTANCE~DOC TO: FROM: RE: MEMORANDUM January 27, 2000 Honorable Mayor and City Commission .lames A. Cherof, City Attorney ~/~'j) RaUfication of Planning & Development Board Action There are five JAC/ral Requested Ci.ty Conkrmsslon Meeting Dates [] November 16, I999 [] December 7. 1999 [] December21. 1999 [] January 4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tttmed in to'City Clerk's Office November 3. 1'999 (5:00p.m.) November 17. I999 f5:00 p.m.) December 8, t999 5:00 p.m.) December 22. 1999 ~5:00 p.m.) Requested City Commission Meetin~ Dates [] January 18. 2000 [] February I. 2000 [] February 15, 2000 [] March 7, 2000 ZV-CONSENT AGENDA ITEM E Dale Final Form Must be Turned ~n to City Clerk's Office January 5, 2000 [5:00 p.m.} Janlmry 19, 2000 (5:00 p.m.) Feb~ua~ 2, 200C (5:00 p.m.) .. February 16; 2000 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Adminisltative [] Consent Agenda [] Public Hearing [] Bids Approve Payment [] Developmem Plans [] New Bus'ness [] Legal [] Unfinished Business [] Presentation EXPLANATION: Bills Over $I0.000 PROGRAM IM2PACT: FISCAL IMPACT: ALTERNATIVES: Diane Reese, Finance Director Finance Department S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC City Attorney Finance ' Human Resources CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVALOE!BILES~ 1. CERUEEAN TECH ............... ~ .............................................................. $18~967.50 Maintenance contract for PD compu~;~er system,- Pay from Gen Fund - 001-2110-521-46-91 THIS BILL IS APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. Diane Reese, Finance Director Requested City Comrmssion Meeting Dates [] November 16, 1999 December 7. 1999 [] December21, 1999 [] January 4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 3, 1999 (5:00 p.m.) November 17, 1999 ~5:00p.m.) December 8, 1999 (5:00 p.m.) Decemb~ 22. 1999 (5:00 p.m.) Requested City Comr~ssion Meeting Dates [] January 18.2000 [] Febma~ 1,2000 [] ve~ 15, 2000 [] March 7. 2000 IV-CONSENT AGENDA ITEM F Date Final Form Must be Turned in to City Clerk's Office January 5, 2000 ~5:00 p.m.) Janumy 19, 2000 ~5:00 p.m.) February 2, 2000 5:00 p.m.) Fei-mary 16,2000 (5:00p.m./ NATURE OF AGENDAITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation Motion to approve payment of invoices for annual software teclmical support & maintenance from H.T.E. Inc. of Lake Mary, _ori_'d_a_ in the amount of $16,980 for the period of January 1, 2000 through December 31, 2000 for Activity Registration 2,222.00) AS400 Support Lines and PC Network Suppor Lines ($13 585 00) and Cogn6s Impromptu Admin & Enter ($1,173.00). ' EXPLANATION: Maintenance fees provide: · Seven (7) days a week, 24 hours sofxware technical support for these departmental products. · Version upgrades of all software products, when available, ar no additional cost. · Program Temporary Fix (PTF) patches for software problems, when available, at no additional cost. PROGRAM IMPACT: · Part of the City's I.T.S. plan is vendor supported "common off the shelf' products to reduce total cost of owners~np. · In-house staff is insufficiant in size or available expenance to maintain and support these products in-house. FISCAL IMPACT: · Sufficient funds are available in the current ITS budget for software maintenance services. · This is a budgeted maintenance 1/ne item. · This is very reasonable pricing for market specific products of this type. ALTERNATIVES: · These maintenance servmes are only available from the original software vendor. · ~g ttfis purchase would require alternative replacements and or in-house rewrites of software. · [ Ma~e0of thWoducts ~s essentaal m order to receive ult~t~.~e ofitepartmen, t ap/p~c/~tion sofiware' Information Technology Services Department Name City Attorney Finance / Haman Resources S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC Requested City CommL~ion Meetim~ Dates [] November 16. 1999 [] Deceraber7, 1999 [] D~rnber21, t999 ] Janua~T 4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dalv F[ual Form Must be Turned [u m Ciiv Clerk's Office Novembe~ 3, 1999 (5:00 p.m.1 Novembe~ 17, 1999 (5:00 p.m.) Decomber 8~ 1999 (5:00 p.m.) December 22. 1999 (5:00 p.m.) Requesaxl City Comm~sion Meeting Dates [] lanuaw 18,2000 [] February l, 2000 ] F~ebrnaW 15,2000 [] Match 7, 2000 IV-CONSENT AGENDI ITEM G Date Fhml Form Must be Turned to City Clerk's Office lanua~ 5, 2000 (5:00 pan.) January 19, 2000 (5:00 p.m.) Fe. lnxutty 2, 2000 (5:00 p_n~) February 16, 20~)0 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Conse~tAgenda [] New'Business [] Public Hearing [] Legal. [] Bids [] Unfinished Business [] Announcement ~'] Presentation RECOMMENDATION: Authorizing an agreement with CDM Engineers & Constructors, Inc. for construction of the Downtown Stormwater Retention Pond (Pond "B") using a "CM at Risk" contract. EXPLANATION: Being that the City solicited public bids for the construction of the Pond "B" project on two separate occasions, and being that both times, the public bidding process resulted in just one bidder each time, with their bid being far in excess of the engineer's estimate, the City Commission is being presented with a design/build concept known as a CM (Construction Manager) at Risk. In this case, the CM will construct the project at a pre-designated upward limit in cost (plus a contingency) If there are any costs savings obtained within the pre- designated upward limit (and within the contingency), all cost savings will be split between the City and the construction manager. PROGRAM IMPACT: We have done the best to negotiate a contract that is fair to the construction company and favorable to the City. Even in a worst-case scenario, the CM at Risk approach to constructing Pond ~B" should result in a cost savings of approximately $1,000,000.q0 over awarding the contract to the most recent sole bidder. In a best case scenario, the City could conceivably save upwards of $2,000,000.00 using the CM at Risk concept. S :~B ULLET1]~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM-REQUEST ~FORM FISCAL IMPACT: The contract that would be awarded to CDM Engineers and Constructors, Inc. has three component parts: 1) FIXED PRICE FEE- 2) SUBC~ ) V^LUE- ong ntract cost from the the 3) address values percent (5%) will be established to excess of the original schedule of ~tered during construction. Fifty paid to the Construction ALTERNATIVES: It seems as though the CM at Riskalternative is the only viable alternative at this point in time. Other than that, the only oth~er alternative that makes any sense would be to rebid the project a third time. Department l~d's Signature c~ty. ~er s~ Utilities Department Department Name City Attorney / Finance / Human Resources S:~ULLET1N~ORMS AGENDA ITEM KEQUEST FORM.DOC STORMWATER IMPROVEMENTS FOR DOWNTOWN REGIONAL FACILITY- BASIN 1 (POND "B"} Known as a Construction Manager at Risk contract. Agreement between the City of Boynton Beach and CDM Engineers & C~nstructors, inc. The project is the installation of a stormwater system and modifications to holding pond. The specific work is the *construction management and construction services required to cOmplete the project. The Construction Manager will provide all materials and equipment, supervision~ inspection, testing, labor, tools, construction equipment and specialty'items necessary to execute and complete the construction of the project. The Construction Manager will secure req uired certificates of inspection, testing or approval required for building construction and deliver them to the City. The Construction Manager will perform all of the work, and will engage sub-contractors through an "open book" effort. That is. the City will participate ~n the decision-making process for the awarding of subcontracts and the purchasing of materials. Schedule- Substantial Final Completion Completion Base Bid Item I Parts II, III, and IV 180 days 210 days 300 days 365 days Compensation- The Construction Manager's compensation for the performance of the work under the agreement consists of three components. The three components are: -1) FIXED PRICEFEE- the Construction Manager agrees to perform the work for a guaranteed maximum price of $4,950,000.00. 2) SUBCONTRACTED VALUE- any savings in subcontract cost from the original scheduled value of subcontracted work will be shared fifty percent by the Construction Manager and fifty percent by the City. 3) be establ excess be the contingency shall be paid to the fiftY THE TO ;LE. IV-CONSENT AGENDA ITEM G RESOLUTION R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN OVVNER AND CONSTRUCTION MANAGER AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CDM ENGINEERS & CONSTRUCTORS, INC~; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission of , of Boynton Beach, hereby, approves an Owner and Construction Manager Agreement between the City of Boynton Beach and CDM Engineers 9, Constructors, Inc., and authorizes the Mayor and City Clerk to execute said eement, a..ttached hereto as Exhibit"A'; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, hereby authorize and direct the Mayor and City Clerk to execute and Construction Manager Agreement between the City of Boynton Beach and CDM Engineers & Constructors, Inc., and authorizes the Mayor and City Clerk to execute said Agreement, attached hereto as Exhibit "A' hereto as Exhibit "A". Section 2. This Resolution will become effective immediately upon PASSED AND ADOPTED this ,ATTEST: City Clerk (Corporate Seal) daybf February, 2000. IRIDA ViceMa~or May~Ero'Tem Commissioner CommissiOner Requcated CiW Commission Meeting Dates November 16. 1999 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mus~ be Turned into City Clerk's Office Novanber 3. [999 (5:00 p.m.) November 17. 1999 (5:00 pa~) December 8. I999 (5:00 pan.) December 22. 1999 (5:00 p.m.) Rf4uested City Commission Meeting Dates ] January Ig. 2000 ] February L 2000 ] Februaryl5 2000 ] March 7. 2000 IV-CONSENT AGENDA ITEM H Date Final Form Must be Trained to City Clerk's Office Janua~ 5, 2000 (5:00 p.m.) January 19. 2000 (5:00 p.m.) Februa~_ 2, 2000 (5:00 p.m.) February 16. 2000 (5:00 p.m. NATUI~E OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [-- Announcement [] Presentation RECOMMENDATION: Move to approve agreement with The Community Foundation for Palm Beach and Martin Counties. Inc. for the award of a $10.000 planmng Grant for the Black Awareness Events. EXPLANATION: This grant is to create a five-year plan for implementing an on-going, year- round series of events celebrating the accomplishments and heritage of the city's African ~-Amencan commumty. This grant is awarded from the Marie Graber Martens fund oftbe Commumty Foundation for the period of Deeamber 15. 1999 through December 14. 2000. PROGRA~ IMPACT: The Black Awareness Committee believes that tkis planning grant is essential to the future success of the Black Awareness Events~ A professional consultant(s) will be retained to facilitate this plan with the Boynton Beach community's input. A series of community meetings and committee workshops will be held to craft the plan_ At the end of the grant period, a five- year plan will be completed and will be used as the Black Awareness cormmttee's road map for the future. FISCAL IMPACT: · The Community Foundation grant will pay for retaining the sen4ces of a professional consultant(s). · The City of Boyntun Beach will provide in-kind services totaling $3,230 which includes a meeting facility, Department of:Leisure Services Special Event Team stafftime, materials for community workshops and refreshments. · NO CASH MATCH OR DOLL.~RS ARE REQUllKED FROM THE CITY FOR TI-I/S GRANT. ALTERNATIVES: · The Cit~ of Boynton Beach would fund this venture alone. · ~wouldbenoP~tk~inggr~Ln, txfurthefutureoCBlackAwarene(~n~ ~ ~ ~ (~ /] Department Head'SISignamre ~ C~ty Manag~ s Signamr Name ~/ City Attorde~/'~nance Human Resources Department S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AUTHORIZING OF BOYNTON ..BEACH ~,QMMUNITY FOUNDATION FOR pALM BEACH AND MARTIN COUNT[ES,. INC:; FOR., THE: AWARD oF 'A~$10~000 ~LANNING~,G~'~ E~R '];~E ~ ' A~NEs$ ~E~S; AND PROV'.~]N.GANEFF~tCT VE DATE: WHEREAS, the Ci~ of Boynton Beach applied for this grant to create a five- ,ear plan for implem~flng an onto ng, year-round ~e~es,.of events ~leb~ ng the accomplishments and heritage of the Ci~'s African-American Community; and WHEREAS, the Ci~ Commission of the Ci~ o~ Boynton Beach, upon 'ecommendation of staff, deems it to be in ~e best interests of the citizens of the Ci~ of Boynton Beach to accept this grant from the Marie Graber MaAens Fund of the Communi~ FoundatiOn for Palm Beach and MaAin Counties, inc., in the amount ~f $10.000; NOW, THEREFORE, BE IT RESOLVED BY THE CI~ COMMISSION OF rilE CI~ OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and the Community Foundation for Palm Beach and vlartin Counties, Inc., accepting a grant in the amount of $10,000.00. A copy of the agreement is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this day of February, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro-Tem Commissioner Commissioner kTTEST: Oity Clerk Community Foundation FOR PALM BEACH AND MA:RTIN COUNTIES INC. BOARO O1" DtRl!¢TO~ Ronakl V AIweez Moses Bake~ Jr. %\ill{am d. Bm'ant D.D.S Jchn 2. D/×ige Kenneth L. Groves SvMa Hac~enfeJd Thornton 3L Kekh ?t James Fr~*!db Srebbins ~'thur L 3~ever L~i Cdchton )~ ~onell Bren& S, Mon~omeo' Jorge A. Sancnez Russell O. S~mpma [~o~ [ 5nlder Pa ~'ia G~' [~l~ra }3~gs 7~mble ~cMrd S. %~eins~eln December 22. 1999 Debbie Maj ors, Recreation- Snpervisor The Black Awareness Committee CtW ofB9Ymqn B.eack i06 B4 t0h B a hBbtflevard BoyntonBeach. FL 33435 Dear Ms. Majors: We are pleased to inform you that the Board of Directors of the Community Foundation for Palm Beach and Miirtin Counties has awarded your organization a grant of $10.000.00. This grant is awarded from the Marie Graber Martens Fund of the Community Foundation for the period of December 15. 1999 through December 14. 2000. These terms apply tO your organization s use of the Community Foundation's grant Use of Grant This grant is to create a five-year plan for implementing an on-going, year-round series of events celebrating the accomplishments and heritage of the City's African- American community. Review of Grant Activity The grantee will furnish the Foundation with a final report sixW days after the completion of the activity specified above. The report will contain the information requested in the attached Report of Grantee. The Foundation may also request interim reports. Special Provisions All grants are made, and must be used, in accordance with all applicable laws. regulations and rulings. Please read the following carefully; 524 Damra Street. Suite 340, X&~est Palm Beach. Florida 55401 · f56i 1 65%6800 Fax: 56I 852-6542 _Mardn County Address: PO. Box 2341, Smart, Florida ~4995-2541 · .888) 85S-GIFT .4458) E-rna~l Address: cfpbmc@aol.cora · Webske Address: www. cfpbmc.org Public Announcements - Grantee shall, to the maximum extent feasible, recognize the support of thc Foundation in furtherance of the program or activity funded under this agreemem Grantee shall submit, for approval prior re distribution, press releases, announcements, publicity and published materials regarding this program or activity in which the Foundation's name and/or logo will be included. The Foundation reserves the right re request that the Foundation's name, logo or.emblems be used in same. Grantee ts required to submit final copies of any programmatic materials distributed under this grant, and to provide an appropriate program relatedphoto, ~vith applicable signed · eleases for use by. the Foundation in its own publicity. The Foundation reserves the.fight re use any and all information about the program or activity in its own press releases and publicity unless otherwtse requested in advance by the grantee. 2. Expertdi~e 0f Grar~tFunds - This gr.ant is made expressly and solely for lpurposes stated in the~grantproposal. The funds provided may be spent ont½ in accord~ce vkith the provisions in the application that you submitted..The program is subject to modification only with the Foundation's prior written approval. a) Expenses charged against this grant may not be incurred prior to the effective date of the grant or subsequent to the termination date, and may be incurred only as necessary to carry out the purposes and activities of the approved program. b) The gramee organization is responsibl¢ for the expenditure offunds arid for maintaining adequate supporting records consistent with generally accepted accounting practices. c) Equipment purchased with grant funds shah be the property of the grantee organization so long as it is nor diverted from the purposes for which the grant was made. If the purpose of use is changed or the grantee organization goes out of existence, the property reverts to the Foundation. d) The grantee is responsible for reporting to the Foundation if there are any changes in the program/project as described in the application for Foundation funding. This would include changes in purpose, staff, funding from other sources, relationships with other agencies, etc. ~Ifthere is any doubt about the importance of any changes. Foundation staff should be consulted.) e) The grantee must be able and willing to prove to the Foundation's satisfaction that no portion of the grant funds has been used for purposes not clearly identified as charitable under the law, both State and Federal. The Foundation reserves the right at any time to terminate this grant if. in its discretion, it shall determine that the grantee has made any misrepresentations, has in any way misappropriated grant funds, or has done anything inconsistent with the Grant Agreement, including but not necessarily limited to any special conditions. Reversion of Grant Funds: Grantee will return to the Foundation any unexpended funds at the close of the project per/od. FUnds will be promptly ret~ed: (a) If the Foundation elects to terminate said gra~t,.in:~col-dance with P~agra~p.ti 2(f) ~tb6x~e; or:(b)~f the.grantee l~3ses!its exemption fi:om Federal,income.taxatiOn as~provid~d for raider Section 501(C)0); of the Internal Revenue Code~ The declaration:Or filing o£bankruptcy by the grantee will automatically terminate the grant Limit of Commitment: Unless o. therwise provided in writing, this~grant is made with the ,up.~erstanding that ~e;Foun~la~on has-no 0bligafion to provid~other or~addifional:s~pporr to If you agree to,the grant conditions as stated please indicate your organization's agreement m such terms by:ha~ ,zing ,the enel6sed-coP7 6,f tiffs *tetter countersigned b~ ~'~P~f¢phat~ 0ffider of your orgmfilafi6n:an&remm,.~o {h~.C0~UnitY:Fo~[a!ibn:: ~o~gra~til~iib~s:fo'~ ~e ~in~ Work that:you anG~bur organization a~e:d0ing, :fhe:¢6mmUnity isenr/ehed by yo~ ideas and~effor~s. ~ Serrano e President for Programs ACCEPTED A_ND AGREED TheCity of Boynton Beach,Black Awareness Committee Grantee By: Title: Date: Payment check should be directed to: Nancy Whitney-Conway (Name) Customer Relations Supervisor (Title) Boymton Beach City Hall in the Mai1 801 N. Congress Avenue, suite 111 Boynton Beach, FL 33426 Address Requesxed City Commission Meeting Dales [] November 16. 1999 ] December7.1999 [] December21. [999 ] January4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 3, 1999 (5:00 p.m.) NoYember 17. 1999 (5:00 p~rm) December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.r~) Requested CRy Commission Meeling Dates ] January 18. 2000 [] Fcbtn. m~ 1. 2000 [] Febraary 15_ 2000 [] March 7. 2000 IV-CONSENT AGENDA ITEM ! Date Final Form Must be Turned to City Clerk's Office January 5, 2000 (5:00 p.rr~) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.nz) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administmlive [] Developmem Plans 5~ Consent Agenda [] New Business --1 Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Move to approve staffrequest for reallocation of budgeted capital improvc~nent dollars to fund the expanded Hester Center Breezeway Construction Project, and authorize staff to prepare an mterlocal agreement with Palm Bench County to accept $200,000 grant funding towards this project ii'his is a grant-based reimbursable expenditure3 EXPLANATION: The Director of Recreation, Hester Center Program Manager. Recreation Supervisor, Project Manager and the Post. Buckley, Schuh & Jemigan engineenng firm have completed a preliminary coaceptual design for the Hester Center breezeway enclosure project. To meet public demand for program space, provide for increased storage and office space, create a new computer laboratory, upgrade seCtmty and oversight of participants, relocate the existing ADA whcelchair ramp and ensure ADA compliance, the original scope of the project's design has been modified and reqmres additional funding to accomplish. Therefore, we request authorization to reallocate capital im~ provement project dollars as identified under "Program Impact" below, Total projected cost of the project is $334,400 according to Post, Bucldey, Schuh & Jemigan and Project Manager Bill DeBeck. PROGRAM IMPACT: $75.000 has been budgeted and encumbered in account #001-0000-247-02.47 Reallocation: *$ 6,936 originally funded for an electronic gate at Hester Center m accoum #001-0000-247.02-47 *$30,000 from ADA encumbrance in account #001-0000-247.02-41 *$7,411 balance from Tennis Center encumbrance for court resurfacing m account #001-0000-247.02-24 Palm Beach County grant reimbursement funding $200,000 $15.053 in aceoum #001-2710-572.49-17, Other Contractual Services (engineering fees) FISCAL IMPACT: Request is for reallocation of Ciw Commission approved and previously funded capital improvement dollars. additional fimding is required. Total projected cost estimate is $334.400. No ALTERNATIVES: Auce the scope oftbe project by eliminating the computer lab, office and storage area. We do not ~recommend this option. Department ~Iead s Signature City M~ier~s Sig~aature Leisure Services/Recreation ~ -_~.- :'/~h'_,>~;,, _ Department Name City Attorney / Finance / Human Resources December 28, 1999 FLORIDA DEPARTMENT OF STATE Katherine Harris S~cretary of State X-NEW BUSINESS ITEM A WILLIE WARD 428 NW 3RD AVE. BOYNTON BCH, FL 33435 The Articles of Incorporation for BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION were filed on December 21. 1999 and assigned document number N99000007620. Please refer to this number whenever corresponding with this office regard ng the above corporation. The certification you requested is enclosed. PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES IS ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO DO SO MAY RESULT IN DISSOLUTION OF YOUR C0~PORATION. A CC RPORATION ANNUAL REPORT MUST BE FILED WITH THIS OFFICE BETWEEN JANUARY I AND MAY 1 OF EACH YEAR BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE ANNUAL REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION. A FEDERAL EMPLOYER IDENTIFICATION (FEI) NUMBER MUST BE SHOWN ON THE ANNUAL REPORT FORM PRIOR TO ITS FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECEIVE THE FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT AT 1-800-829-3676 AND REQUEST FORM SS-4, SHOULD YOUR ,CORPORATE MAILING ADDRESS CHANGE, YOU MUST NOTIFY TH~S OFFICE IN WRITING, TO IN_q,q,q,q,q,q,q,q,q,~JRE IMPORTANT MAILIi~GS SUCH AS TItlE ANNUAL REPORT NOTICES REACH YOU. Should you have any questions regarding corporations, please contact this office at the address given below. Wanda Cunnin.g. ham, Document Specialist New Filing Section Letter Number: 299A000604~6 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 I certify from the records of this office that BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION is a corporation organized under the taws of the State of Florida, filed on December 21, 1999. The document number of this corporation is N99000007620. I further certify:~that said corporation has paid all fees due this offce through December31 1999, and ~ts status is act ~/e I further certify that said corporation has not filed Articles of Dissolution. CR2EO22 1-99~ G Given under my hand and th.e reat Seal of the State of Flonda ~-~t Tallahassee, the Capitol this the Twenty-eighth day of December, 1999 Bepar men! of I certify the attached is a true and correct copy of the Articles of Incorporation of BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, a Florida corporation, filed on December21, 1999, as shown by the records of this office. The document number of this corporation is N99000007620. CR2EO22 11-99) A Given un. de.r my_hand and the, -------~,reat Seal of the State of Flori(3a at Tallahassee, the Capitol, this the Twenty-eighth day of December, 1999 -~ecret~r~ ~f~t~te corporat following Name: The Non-Profit Corporation: The corporation is a non profit-corporation. Purposes: The purpose for which this corporation is organized is to: Based Community Promote the- finaacial revitalization of the community through business and real estate ownership, provision of services, home ownership and improvemem, unification of residents, resistance to gentrification. · Develop and sustain partnerships with various groups and agencies in the Boynton Beach Target Neighborhood in order to ensure that development is streamlined and resources are put to the most efficient use. · Increase homeownership opportunities in Boynton Beach. · Reduce the number of vacant lots in the neighborhood and thereby reduce spot blight and crime. · Improve:and increase the delivery-of social services to the neighborhood. The Boynton Beach Target Neighborhood is that geographical area located in the City of Boynton Beach, Florida, that is delineated by NE & NW 6t~ Avenues to the South, NE &NNV 13t~ Avenues to the North, Interstate 95 to the West and the FEC Railroad to the East. The foregoing statement of purposes shall be construed as a statement, of both purpose and powers, and the purpose and powers stated in each clause shall, except where otherwise expressed, be in no way limited or restricted by any reference to or inference from the terms or provisions of any other clauses, but Shall be regarded as independent purposes and powers. Notwithstanding any other provisions of these. Articles of Incorporation, the corporation shall not conduct or carry on any ac~ties not permitted to be conducted or carried on' by an organization exempt from taxation under Section 501 (c) (3) of the Internal Revert'fie Code and its regulations as they now exist or as they may be hereafter be amended, or by an organization, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code and Regulations as they now exist or as they may hereafter be amended. This corporation is organized pursuant to the Florida Non-Profit Corporation Act, and does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes. Registered Office: The initial registered office of the company shall be 428 NW 3rd Avenue in Boynton Beach, FL 33435 in the County of Palm Beach. Registered Agent: The registered agent of the Company shall be Willie Ward. Limitation of Powers: No part of the net earnings of the corporation shall inure to the benefit of or be distributed to its members, trustees, officers, or other private persons, except that-the corporation shall be ~uthorized and empowered to pay reasonable compensation for services rendered and to make payments and distnbuuons in furtherance of the purposes set forth in Article 4 hereof. No part of the activities of the corporation shall be t~, participate in, or intervene in (including the publishing or distribution of statements), any political campmgn on behalf of any u lic office ' "' ' candidate for p b ' . Notwithstanding any other provision of.these Articles, the corporation shall not carry on any oth~r activities not permitted to be carried on (I) by a corporation exempt from Federal Income Tax under Section 501 (c) (3) of the Internal Kevenue Code of 1954 (or ~,the cOrresponding provisions of any future United States Internal Revenue Law); or (2) by a corpo~fion, contributions to which are deductible under Section 170 (c) (2) 6fthe Internal R~venue Code. of 1954 (or the correSPonding provisions of any future Un'ted States Internal Revenue Law). Dissolution: Upon the dissolution of the corporation, the Board of Trustees shall, after paying or making provisions for the l~ayrnem.Of all the liabilities and obligations of the corporation, dispose of any and all ~f the assets of the corporation exclusively for charitable, educational, or scientific ~urposes as shall at the time qualify as an exempt organization or organizations ~ Revenue Service of 1954 ( Internal Revenue Law) so disposed of shall disposed of by which the principal office of purposes or to such organization, as and operated exclusively for such purpose. Section 501 (c) (3) of the Internal of any future United States tees shall determine. Any such assets not having jurisdiction in the county in is then located, exclusively for such r shall determine, which are organized Board of Trustees: The nUmber of trustees constituting the organizing Board of Trustees of the corporation is seven (7), and they shalI seNe.in.this capacity only until a full Board of-Trustees has be~n installed in :accordance with the b3;21aws. The names and addresses of the persons who are to serve as the or~ganieing: trustees are: - Name: Courmey Cain 1900 NE 2~~ Lane, BoyntonBeach, FL 33435 Victor Marshall Samuel Kendrick 380 NW 13 Avenue Bo~[qn~ Beach, FL I81 NE t9 A.venue Jeanette Cain Lanes t0. Elizabeth Jenldns 711 NW:~?t Street, Boynton Beach, FL 33435 Debra Marshall FL Willie Ward 28 NW 3: Avenue Boynton Beach, FL 33435 By-Laws: The by-laws of the corporation shall be adoptiii by its Board of Trustees. The power to alter, amend or repeal the by-laWs or to adopt new by-laws shall be vested in the Board of Trustees. 11. Incorporators: Name: Courmey Cain Victor Marshall The names and addressesof each__i, ncorporator is: Address: 1900 NE 2"d Lane, Boynton Beach, FL 33435 380 NW 13 Avenue Boynton Beach, FL Samuel Kendrick 181 NE 19th Avenue Boynton~Beach, FL 33435 Elizabeth Jenkins - - 711 NW 1s~ Street Boynton Beach, FL 33435 Willie Ward 428 NW 3rd Avenue Boynton Beach, FL 33435 12.Principal Place of Business: The principal place of business of the corporation shall be 428 NW 3~ Avenue, Boymon Beach, FL 33435 in the County of Palm Beach. IN WITNESS WHEREOF, we the undersigned incorporators have hereto set our hands on this 15th day of December 1999. Courtney Cain' ~Zicior M~rshall Willie Ward ~i~muel Kend~rick Eiiz~l~th Jenkins STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE me, the undersigned authority, personally appeared before me Courmey Cain, Victor Marshall, Willie Ward, Samuel Kendrick and Elizabeth Jenkins on December 15,1999, who are personally known by me, and who subscribed the above Articles of Incorporation, and they did freely and voluntarily acknowledge before me according to law that they made and subscribed the same for the uses and purposes therein mentioned. IN WITNESS WI-IEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL at Boynton Beach in the StateofFlorida on this 15th day of December, 1999 -' Notary Public State of Florida My com. nussmn expxres: Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in these articles, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree m comply with all statutes relating to the proper and complete performance ofmy duties, and am familiar: with and accept the obligations of my position as registered'agent. Registered Agent: Willi~ Ward Date BOY'NTON BEACH FAITH BASED COMMUNrrY DEVELOPMENT CORPORATION REQUEST FOR FUNDING CITY OF BOYNTON BEACH Background: The Boynton Beach Faith Based Community Development Corporation, Inc. was formed out of the vision of two residents of the City of Boynton Beach and the mission and aspirations of over 11 local churches. With these aspirations, a group consist~g cfi clergy, church members, businessmen, social service Workers and concerned citizens began meeting. Several strategic planning meetings were held with the assistance of Local Initiatives Support Corporation (LISC). The group identified goals; objectives, a target area and proposed activities t~ make a difference and guide their mission. The churches to join to citizens to help the homeless, widows Boynton Beach. Out of promote the development, human services, unification-of target area. The group has ' Developmen( Corporation number and applied for .IRS also identified two immediate: their desire to group was for concerned the The group has Amount of Request: $5,000 Purpose and Uses of Funding: The Boynton Beact~ Faith Based Community Development,Corporation is requesting fun.ds !~ cover some of its operating costs. A copy or'he proposed budget ~or this funding request is attached. Funds will ~be, used for general expense~, postage, marketing and promotion of the CDC s activitieS, commt~nity events ~] educatio~ and awareness. Other funding is being solicited through gr~t application, donations from member chUrches~ businesSes and proposed fungi raising activities. Members of the group showed their comrr~tment to this effort by donating funds in the amount of $700 f6flncorporation fees and tax-exem~t status application. IV. Objectives of the Corporation: The CDC sees the following as its main objectives: ~' To develop and sustain partnerships .with various groups, businesses, governmental entities and agencies ifithe Boynton To increas~ and ~ ~To ~aost:efficient use. in the target area for Iow heatth~(~t~ the neighborhood. plans to conduct a CDC are (1') a Handy Man The area have themselves. above provision of minor they axe unable to hanclle Program involves for skills. The such, as <trim:carpentry, participants months but needy in operation for only two since then. Apart from the group has already undertaken ) fed over I00 CDC began planning another to .promote ~ts efforts and provide The~ CDC is also in the r of the target area. Target Neighborhood: That area in th~ ~City of Boynton Beach located between NE & NW 6rh Avenues to 'the South, NE & NW 13t~ Avenues to the North, Interstate 95 to the West and the FEC railroad to the East. VIII. Participants and Stakeholders: · New Mount Zion MissiOnary Baptist Church · Bible Church of God · Bread of Life Temple · New Beginnings BaptistChurch · Church of God in Christ · St. John Missionary Baptist Church · SupernaturalDeliverance Church of Christ · Palm:Beach County Housing Authority · Concerned Citizens for the Community · Police AthletiC League · MAD DADS · Boys to M~n · Locallniti~fi.~es Support Corporation · TropicalR~altY BOYNTONBEACH GENERAL, FUND REQUEST AMOUNT OF REQUEST: 5,000 OFFICE SUPPLIES: POSTAGE: COMMI~NITY ORGANIZING AND SPECIAL ~EVENTS: MARKETING & EDUCATIONAL MATERIALS: ADVERTISING: 1,750, 1,450 800 AMOUNT OF REQUEST: $5,000 SS-4 I Application for Employer Identification Number (Rev, Fd~.~y 199~ I gm~mt~t a~ ~ ~r~..~ ~.- , ~rn~'~ d ~ Tr..~"~ I" Keep a Copyfor y°ur rec°rds' "' ~" 1 .Name of ~plicant (le~d name) (see in~°ns) ...... =~ 2 Tra~er~&~fbuain~[ifdiff~,entfr~mnar~onlinel) 3 ~,~, · ~ ~.~e~~'is~ ~. ~ · ~ ' .- ~ ~, ~ p~, ~, ~, ~N ~ mN ~y ~ ,~ Is~ ,n~.~,., ~ Ty~ d ~(~~)~i~ Boynton Beach. Florida Code of Ordinances DEVELOPMENT PLANS TT~I /~. 2 1. In order to authorize any variance from the terms of an ordinance, the board must find that: a. That special conditions and circumstances exist which are peculiar to the land. structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. b. That special conditions and c/rcumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and unc/ue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. £ That the grant of the variance will be in harmony with the general intent and propose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available fi:om adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide _an affidavit with the application for variance stating that the above-mentioned conditions exist with respect to the acquisition of additional property. Copvri(3ht ¢c~, 1995, American Leqal Publishin.cI Corporation Requested City CoramSssion Meetin~ Dates [] November 16, I999 [] December 7, 1999 [] December 21. 1999 [] January 4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned tn to City Clerk's Office November3. 1999 5:00p.m.) November 17. 1999 (5:00 p.m.) December 8. 1999 (5:00 p.m.) Decemb~ 22, I999 (5:00 p.mq Reques~d City Conxnission Meefin~ Dates [] January lB. 2000 [] February l. 2000 [] Febmaryl5.2000 [] March 7. 2000 X. NEW BUSINESS B. Date Final Form Must be Turned in to CiW Clerk's Office January 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16,2000 5:00p.m,) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus~ness [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Annouucemem [] Presentation RECOMM2ENDATION: Schedule Special City Commission Meeting before C.R.A. Meeting on Wednesday, February 9, 2000, for election matters. EXPLANATION: The candidates' qualification period closes at 12:00 noon on Tuesday, February 8. The ballot information containing the names of the candidates must be forwarded to the SupervisOr of Elections by 5:00 p.m. on Friday. February 11. It is suggested an approximate five minute special meeting be scheduled at the beginning of the C.R.A. meeting on Wednesday at 6:30 p.m. to approve these nominations and election proclamation. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Schedule separate special meeting for this purpose in the same three day period. Dep~Head's Signature Department Name City '~anager's Signature City Auomey / Finance / Human Resources S:XBULLETYN~ORMSLAGENDA ITEM REQUEST FORM.DOC X-NEW BUS]:NESS ]:TEM C RESOLUTION NO. R99-//~ A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORI DA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY BETWEEN THE CI~ OF BOYNTON BEACH AND THE TOWN OF OCEAN RIDGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the C~ity Commission, upon recommendation of staff, has deemed it to be in the best~interests of.the citizens and residents of the City to enter into a Contract for Purci~ase. and Saleof Real Property between the City of Boynton Beach and O~cean Ridge; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 1'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, The City Commission of the City of Boynton Beach, Florida Joes hereby authorize and direct the Mayor and City Clerk to execute a Contract for =urchase and Sale of Real Property between the City of Boynton Beach the Town F Ocean Ridge, for the real property more particularly described in said Agreement as Exhibit "A", which Agreement is attached hereto. ~ This Resolution sh~tlL...become effective immediately upon )assage. PASSED AND ADOPTED this CF day of December, 1999. FLORI DA Mayor pr~3 T~? . CommJs~ig:ner ~'- ;it~Clerk (c o_r.~?~ ~ ~",,... ~'d ............. ~ ~ ~O[~~ ~ s:~X~~~u~se & Sate -'~ F~O~" X-NEW BUSINESS ITEN C RESOLUTION NO. R99-/~ ~' A RESOLUTION OF THE CITY COMMISSION OF THE Ci'I'Y OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETVVEEN ~THE Cl-rY OF BOYNTON BEACH AND THE TOWN OF OCEAN RIDGE PROVIDING FOR COOPERA'I'[ON BETWEEN THE PAR'T'[ES CONCERNING THE USE OF THE BOYNTON BEACH OCEANFRONT PARK AND THE PARKING FACILITIES AT THE OCEAN RIDGE TOWN HALL;. AND PROVIDING AN EFF~E DATE. WHEREAS, Section I63.0:[, Florida Statues, known as the "Florida Intertocal 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, the parties do. hereby agree to make the most efficient use of heir powers by enabling them to cooperate more fully among themselves concerning the use of the Boynton Beach Oceanfront Park and the parking facilities at the Ocean Ridge Town Hall on a basis of mutual advantage; and NOW, THEREFORE, BE TT RESOLVED BY THE CTrY COt4t4ISSION OF THE ~ OF BOYNTON BEACH; FL~'I?,ZDA, THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Beynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and the Town of Ocean Ridge )roviding for cooperation between the par~ies concerning the use of the Boynton ]each~ Oceanfron~,Park,,and. ..- , the parking-facflities-at the~O~:ean &idge ~Fown Hall, passage. immediately upon 1999. Commis~$ioner FNTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, made and entered into this ,~--~ day of ~)CC_, , 1999, by and between the City of Boynton Beach (CITY) and Town of Ocean Ridge (TOWN'), each being municipalities located in Palm Beach County, Florida, and each being duly organized and existing under the laws of the State of Florida; WITNF_,SSETH: WI-IF.2~, based upon the representation of each of said municipal/ties that it is duly organ/zed and ex/sting under the laws of the State of Florida and not under any charter or other leg/i impediment to entering into and performing this Agreement, each of the parties desires ~o enter into this Agreemant and to perform it insofar as practicable for the uses andpurpo~es herein expressed; and WHEREAS, Section 163.01, Florida Statues, known as the "Florida Interlocal Cooperation Act of 1969" authorizes legal governments to make the most efficient use of their powers by ~nabling 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 interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in conunon and which each might exercise separately; and NOW, THEREFORE, in consideration of the premises and in the consideration of the mutual agreements, terms and conditions hereinafter set forth, the parties hereby mutually agree as follows: 1. ' Purpose. The purpose of this Agreement is to permit the municipalities to make the most ~fficient uae of their powem by enabling them to cooperate among themselves. C~n~'~-'the/~e of th6 Boynt~n Beach OCeanfront Park and'the-parking facihties and pursuant to forms of governmental organization that w/Il accord best with geographic, economic, population ~ Other f~Cto~S influencing the needs andi' dgveldp~nt of each respective municipality. 2. ~p0int a staff person to serve as' a del'§ate on the CITY's Special Even~ Team (CHEERS)or any Other committee, stafl~, 6r individual delegated to the pl~nning of special events at the Bo!rnton Beach Oceanf~nt Park, to assist in the planning of special events to beheld at the Boynton Beach Oceanfront Park. 3. All special events held at the Bo!mton Beach Oceanfront Park shall meet the minimum requirements of the Town of Ocean Ridge's Code of Ordinances, Chapter 30 LICENSES AND BUSINESS REGUI,ATION~ An'icle VIII. SPECIAL EVENTS. 4. All fees and deposit requirements of the TOWN'S Special Events Ordinance shall be waived for any special event sp-b~ored by the CITY and/or TOWN. 5. All special events shall meet all the other requirements of the Town of Ocean Ridge's Code of Ordinances. No special even~ held at the Boynton Beach Oceanfront Park shall include any type of fireworks. 6. The TOWN will make its Town Hall parking tot available for overflow parking (if needed) for special events and other occasions when the Boynton Beach Oceanfront Park parking lot is full. The overflow parking will not be available during business hours from 8:00 a.m. to 5:00 p,m., Monday through Friday or during public meetings held at Town Hall. 7, Effective date of this Agreement. This agreement shall take effect when fully adopted by enabling resolution, when executed by both pm'des and each has a fully executed original together with an original or certified copy of the other's enabling resolution, and when a fully executed original of this Agreement has been' filed with the Clerk of the Circuit Court of Palm Beach County, in pursuance of Section 163.01(11), Florida Statutes. 8. Tct, ai. Once effective, this Agreement shall continue in~iefinitely until terminated. Either municipality may termi-~te this Agreement upon ~ (180) days' written notice to the other. 9. Amendments or Modifications. No Amendment or Modifications to tiffs Agreement shall be binding unless reduced to writing, appro.ved, executed and delivered and filed with the Clerk of the Circuit Court of Palm Beach County with the same formalities a~ this Agreement. I0. Construction~ This Agreement s~aa/1 be construed and interpreted in accordance with the laws of the State of Florida. This Agreement is personal to the parties and is not binding upon and shall not inure to the benefit of the parties' successors or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hand~ and seals to three (3) original counterparts, each of which shall be considered an original, as of the date and Attest: Town Clerk Approved as to Legal Sufficiency: TOWN ,OF OCEAlC~GE By: / s:\ea~.g~Int erlocal\Oeean Ridge-parking