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Agenda 11-18-03The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA NOVEMBER 18, 2003 Jerry Taylor Mayor At Large I ......... _ Bob Ensler _ Commissioner / F'~,/ --,- t L~ i / District I Mack McCray " Commissioner ---~ r' ! s~~,lcl i~ ' / District II Mike Ferguson Vice Mayor District III _-~ _.... Carl McKoy -~~-~/ Commissioner District IV DISTRi¢ :T~_i Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PART~CTPAI'~ON AT CTrY OF BOYNTON BEACH COMM:ISSTON MEEI'~NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda :items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda :items-' These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKZNG AT COMM:ISSTON MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda :Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESS:lNG THE COMM:ISS:ION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA November 18, 2003 6:30 P.M. I. OPEN~rNGS: A. Call to Order- Mayor Taylor B. Invocation - Father Mark Szanyi, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: 1. Oceanfront Concert - Friday, November 21, 2003, 6:00-9:00 p.m. - Cficldewood Band (Doo wop) - Oceanfront Park 2. PAX-TV's "Animal Tales"- Saturday, November 22, 2003, 11:00 a.m. - 2:00 p.m. - Parking lot in front of the Bames& Noble store, 333 N. Congress Avenue 3. "A Season of Peace" Holiday Tree Ughting - Saturday, November 22, 2003, 6:00-9:00 p.m. - Schoolhouse Children's Museum 4. CRA MulU-Cultural Winter Camival- Saturday, December 6, 2003, 2:00 p.m.-midnight - 500 block of Ocean Avenue 5. Holiday Parade - Sunday, December 7, 2003, 3:00 p.m. - Federal Highway C. Presentations: 1. Proclamations: a. Dr. Martin Luther King, Jr. Day- January 19, 2004 Agenda Regular City Commission MeeUng Boynton Beach~ Florida November 18, 2003 ~V. PUBLIC AUDZENCE: ZND[V~DUAL SPEAKERS WILL BE I.[MZTED TO 3-MINUTE PRESENTATIONS (at the discreUon of the Chair, this 3-minute allowance may ncc. d to be adjusted depending on the level of business coming before the City Commission) V. ADM~NTSTRAT~VE: A. Accept resignation from Bob Ensler, Alternate Member of the Planning & Development Board B, Appointments to be made: Appointment Length of Term To Be Made Board Expiration Dat~ IL[ Ferguson Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Tabled (3) IV McKoy Advisory Bcl on Children & Youth Stu/NonVoting 1 yr term to 4/04 Tabled (3) Mayor Taylor Advisory Bd on Children & Youth Stu/Voting 1 yr term to ,t/04 II! Ferguson Cemetery Board Reg 3 yr term to 4/04 ITI Ferguson Education Advisory Board Stu 1 yr term to 4/04 Tabled (3) Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/05 I Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) I Ensler Planning & Development Board Alt 1 yr term to 4/04 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of November 3, 2003 2. Regular City Commission Meeting of November 5, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS,' Bid #072-2821-03/.1A, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 (TABLED ON 10/21/059 2 Agenda Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 2. Multi-award Bid #091-1412-03/CJD "ANNUAL SUPPLY OF BRASS FI-ITINGS AND ACCESSORIES" on an overall basis to the lowest, most responsive, most responsible bidder who meets all specifications, with an annual expenditure of $200,000 3. Utilize the STATE OF FLORIDA, SNAPS AGREEMENT #2502011-4 to R & S INTEGRATED PRODUCTS AND SERVICES, INC. to provide document imaging of permitting records with an estimated annual cost of $36,200 ~,. Award Bid #004-2821-04/.1A, WEST WATER TREATMENT PLANT PHASE III, MEMBRANE REPLACEMENT PRO3ECT, to American Engineering Services, Inc. and to execute a contract in the amount of $628,709.70 and approve an owner's contingency of 10% in the amount of $62,870.97 for a total project budget appropriation of $691,580.67 (Proposed Resolution No. R03-181) 5. Piggy-back City of West Palm Beach Bid #00/01-46 with Metro Service Consultants Inc. to provide a coordinated program of fire hydrant testing of 3,100 hydrants and documentation of testing and maintenance for an amount up to $75,000 C. Resolutions: 1. Intentionally left blank 2. Proposed Resolution No. R03-182 Re: Execution of a contract with each of the 20 final, acceptable, qualified firms that responded to the Request for Qualifications (RF~) #065-2821-03/CJD, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach" 3. Proposed ResoluUon No. R03-183 Re: Authorizing individuals to sign for all City accounts at Bank of Amedca D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None F. Approve the petition from Anthony Diodato, representing Dependable Car Service vehicle for hire business, for a certificate of Public Convenience and Necessity as per Chapter 2,~, Section 24-3 3 Agenda Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 G. Request for amendments to the Land Development Regulations, Chapter 21. Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type H. Approve South Central Regional Wastewater Treatment and Disposal Board Resolution No. 1-03, modifying Resolution No. 9-81, to provide that upon collecting user charges from the Cities of Delray Beach and Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board shall retain in its own independent and segregate sinking fund account the sum appropriated out of such collected user charges as the sinking fund, rather than distribuUng the same to the Cities of Delray Beach and Boynton Beach for their independent investment CODE COMPLTANCE & LEGAL SEi-rLEMENTS: A. None ViTT. PUBLTC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERHI'TS None ]:X. Cl'rY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tab/ed on 11/5/03) X, FUTURE AGENDA TI'EMS: A. High School Task Force Report (December 2, 2003) B. Development of Resolution calling for display of POW/Mt4 Flag (December 2, 2003) C. Consideration of additional homestead exemption for eligible seniors (December 2, 2003) D. Discussion of rotation of CRA Chair (December 16, 2003) E. Joint meeting with Commission and CRA on Development Tssues (December 17, 2003 - 6:30 p.m. - Conference Room C - West Wing) F. City Commission Capital :Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) G. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (January 6, 200zt) Agenda Regular City Commission MeeUng Boynton Beach, Florida November 18, 2003 H. Strategic Planning Session Oanuary 2004) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) Workshop regarding City Hall/Public Safety Space Needs Report Cl-BA) K. Proposed Lease Agreement with Boynton Woman's Club (TBA) X1. NEW BUSTNESS: A. Discussion of an Ordinance or procedure for the selection of the Vice Mayor B. Motion to rescind pdor Commission action of October 21, 2003 that granted the following: 1. Gateway Texaco (ZNCV 03-010 thru 03-012)~ 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulUng in a distance of 23 feet, and to allow an 88-foot vadance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an exisUng gas station business; and Request for relief from the City of Boynton Beach ~Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than 30 feet from any intedor property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d.(q) requiring that driveways will be limited to I per street frontage to allow 2 driveways along the street frontage for an existing gas station business 2. Gateway Texaco (ZNCV 03-O13), 2360 North Federal Highway- Request for relief from the City of Boynton Beach Land Development RegulaUons, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(3) requiring a 20-foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas staUon 3. Gateway Texaco (ZNCV 03-014 and 03-015), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land 5 Agenda Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than 20 feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than 30 feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business 4. Gateway Texaco (ZNCV 03-O16 and 03-017), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(1) requiring a 10 foot wide landscape buffer along the street frontage and to include I tree 10 to 15 feet in height with a . minimum 3-inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a 0 landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of 8oynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental regulations L.3.f.(2)(a) requiring a 10 foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a 5 foot buffer for an existing gas station business 5. Gateway Texaco (ZNCV 03-023), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article II[. Section 5 requiring that all signs must meet a minimum 10 foot setback from the property line to the closest surface of the sign to allow a 5 foot variance from the property line, resulting in a 5 foot setback for an existing gas station business 6. f4arouf's Car Wash (NWSP 03-011), 2360 North Federal Highway - Request for new site plan approval for a 1,311 square foot car wash on a 0.22-acre parcel in a C-3 zoning district 7. Gateway Texaco (COUS 03-007), 2360 North Federal Highway - Request for conditional use/major site plan modification approval for a 681 square foot addition to an existing gas station/convenience store on a 0.48-acre parcel in a C-3 zoning district Agenda Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 XII. LEGAL: A. Ordinances - 2"d Reading - PUBLIC HEARING None B. Ordinances - ist Reading 1. Proposed Ordinance No. 03-059 Re: Rescinding Ordinance 02-022, which was adopted on .June 4, 2002 to abandon a utility easement in Quantum Park 2. Proposed Ordinance No. 03-060 Re: Abandonment of a public utility easement (L.A. Rtness) 3. Proposed Ordinance No. 03-061 Re: Amending Chapter 18, Pensions and ReUrement, Article IX Early Retirement [ncenUve Program C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: A. Proposed Resolution No. R03-184 Re: Approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with 3uvenile Transition Center, :[nc. of Boynton Beach in the amount of $7,500 for fiscal year 2002-03 XIV. AD.1OURNMENT: NOT[CE IF A PERSON DECIDES TO APPEAL ANY DECISION HADE BY THE CITY COMMISSION WITH ~ TO ANY MATFER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE~, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INa.UDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN~OY THE BENEFITS OF A SERVICEd PR~, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT ~ TWENn'-FOUR HOUmS PRZOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 11/18/2003 10:30 AM S:\CC\WP~CCAGENDA~,GENDAS\YEAR 2003\111803 FINAL AGENDA.DOC 7 p1'ZT.-ANNOUNCEHENTS & PRESENTATI'ONS WHEREAS, the significant contributions made by the late Dr. Martin Luther King, Jr. are recognized nationwide in that the third Monday of January has been established as a national holiday in commemoration of Dr. King's birthday, January 15, 1929; and WHEREAS, Dr. King dedicated his life so that all Americans may enjoy the freedoms guaranteed every citizen under the Declaration of Independence and the United States Constitution; and WHEREAS, Dr. Martin Luther King, Jr. Birthday Celebration Committee of Boynton Beach, which combines numerous community organizations and municipalities, is playing a major role in the coordination of observances of this day by offering a variety of historical and cultural programs through the City. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim January 19, 2004 as: DR. MARTIN LUTHER KING, JR. DAY in the City of Boynton Beach, Florida, and call upon all citizens to rededicate themselves to advancing the cause of brotherhood and sisterhood among all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 18th day of November, Two Thousand and three. Jerry Taylor, Mayor City of Boynton Beach AFl'EST: City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA\Proclarnations\Year 2004\Martin Luther King Jr. Day- 2004.doc ::" Bob Ensler" ~v. ADMI~NISTRAT~VE · ZTEM A. ;tT¥ OF: BO~,~,~.H 26 Woods ' CITY CLERK S OF'F~C~ Boynton Bea~,,,, 03~0~-5 PHE~ 15 November 5, 2003 City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 Attn: Janet Prainito As you know, ! have been elected to be the commissioner for District i for the City of Boynton Beach. As a result, ! am therefore providing my resignation from the Planning & Development Board. This resignation is to be effective as of this date. Sincerely Yours, Bob Ensler V.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM B.1. AGENDA ITEM REQUEST FO .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) ~ October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) ~[ November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS", Bid # 072-2821-03/JA, to Sweetwater Technologies, of Columbia, Tennessee for an estimated annual expenditure of $37,000.00. EXPLANATION: On July 09, 2003, Procurement Services opened and tabulated six (6) bids. Due to the proprietary nature of the formulations, Utilities Department obtained assistance from our consulting engineers to evaluate the efficacy of the products bid. Based upon the bid price, and a report from our consulting engineer, Hartman & Associates, the Utilities Department recommends (see attached memo #0-154) awarding the bid to Sweetwater Technologies as the lowest responsive, responsible bidder. Since the evaluation process exceeded the ninety (90) days for a bid proposal, Procurement Services obtained extensions of time for all bid proposals. PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the "ANNUAL BID FOR POLYPHOSPATE TYPE CORROSION INHIBITORS". The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: ACCOUNT ESTIMATED NUMBER: ANNUAL EXPEi~IT~ s37,000.00 Deputy Director of Financial Services City i~ana~er~s Signature Procurement Services _ _c~_t~-.- Department Name City Attorney / Finance / Human Resources Cc: Bob Kenyon Deputy Utilities Director Dale Sugerman - Assistant City Manager Barb Conboy Utilities Manager Dave Ailstock Chief Operator Tom Fitzgerald - Chief Operator, EWTP Central File File S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH FINANCIAL SERVICES PROCUREMENT SERVICES DIVISION November 10, 2003 MEMORANDUM TO: Kurt Bressner City Manager THRU: Diane Reese, Director ~ Department of Financial Services FROM: Bill M. Atkin~, l~ldputy Director ~ Department of Financial Services ~ SUBJECT: (Tabled Item) Annual Supply of Polyphosphate Type Corrosion Inhibitors ~ Bid #072-2821-03/JA ~.'.~.i :- Procurement Services placed the referenced bid on the October 21 2003 Commission agenda wLth ~ recommended award to Sweetwater Technologies, of Columbia, Tennessee as being the lowest, 111os~r~ responsive, responsible bidder. The recommended award was based on review by Bob Kenyon, I[~uty~:~' Director of Utilities, and the recommendation of Hartmann & Associates (engineering consultant) that analyzed the Iow bid product to ensure the product will meet or exceed the performance of the City's current corrosion inhibitor. At the Commission meeting, Robert Johnson, a representative from Calciquest Inc. of Balmont, North Carolina, a competing company for the bid spoke in regards to concerns that he felt were relevant to the bid being awarded to Sweetwater Technologies. The concerns brought forth by Robert Johnson in relation to Sweetwater Technologies are: 1. The company was terminated in 1998 from doing business in Collier County, Florida. 2. Boynton Beach specifications requested on-site technical support. 3. The references provided did not meet bid specifications. Since a representative from Sweetwater Technologies was not present at the Commission meeting, Mayor Broening suggested that the Commission consider a motion to reconsider this item and ask staff for an analysis. A motion was made and passed to table this item. Subsequent to the Commission meeting, Procurement Services provided the related information to Joel Rainey, Sweetwater Technologies, requesting that the issues be addressed in writing. His response dated November 7, 2003 (attached) tends to adequately resolve the issues. Issue #1: Sweetwater Technologies had been doing business with Collier County, Florida up until December 2001 when they lost the competitive bid. This is further verified by Mr. Rainey's response letter that included copies of extensions to bid awards and purchase orders issued by Collier County. In addition, on November 10, 2003, I personally called Collier County and spoke with Mr. Bob Wheeler, Supervisor at the North Plant. Mr. Wheeler stated that they had no problems with Sweetwater Technologies, and the only reason they are not currently doing business with them is because they lost the most recent bid, due to not being Iow bidder. Kurt Bressner November 10, 2003 Page 2 Issue #2: The technical support will be provided by Joel Rainey, and Bob Fowlkes, both located in Tennessee. In addition, Sweetwater Technologies has an agent company located in Oviedo, Florida by the name of Dumont Company with several personnel that are available for on-site support. This is common in this industry. Our current polyphosphate supplier (Shannon) is based in Pennsylvania and it has not been a problem with on-site support since they all travel and visit customers on a regular basis. Issue #3: Sweetwater Technologies provided five (5) references for lime softening, and five (5) references for membrane softening in the original bid proposal. The response letter from Sweetwater Technology clarifies that their references for membrane softening should be limited to two (2) full-scale membrane plants and one (1) pilot plant facility. The references were requested by Utilities Department to provide some assurance of the company's ability to provide the product requested. Since Sweetwater Technologies has been serving the potable water market for over eighteen (18) years, and based on the analysis of the product by our independent engineering firm (Hartmann & Associates), the product will meet the needs of our City. In summary, the bid for the "Annual Supply of Polyphosphate Type Corrosion Inhibitors" was opened by Procurement Services on July 9, 2003. The five (5) bids are as follows: Bid Vendors Lime EWP Membrane WVVP Total 1. Sweetwater Technologies $15,132.90 $ 21,809.48 $36,942.38 2. R.G. Systems, Inc. 12,702.00 24,469.60 37,171.60 3. Ondeo Nalco Company 20,492.88 26,739.37 47,232.25 4. Calciquest, Inc. 13,950.30 34,339.20 48,289.50 5. Dave Symonds & Associates, Inc. 24,155.70 32,207.60 56,363.30 6. Shannon Chemical Corporation 26,608.50 39,186.40 65,794.90 It is the recommendation of Procurement Services, Utilities Department, and the consulting engineering firm (Hartmann & Associates) to award the bid to Sweetwater Technologies. Joel Rainey, Sweetwater Technologies, will be present at the Commission meeting to answer any questions. Attachments cc: Dale Sugerman James Cherof Diane Reese Robert Kenyon FROP1 :Swe~twate~-Tenn F~X NO, :931 540 13~B Nov, 07 200] 04:42PM P2 Mr. Bill Atkins November 7, 2003 Purchasing Agent City of Boynton Beach, FL Fax: 561 742 6306 Re: Bid #072-2821-031JA Rea~oonses Bill, Let me start by saying thanks for the opportunity to address these comments made at the recent meeting of the City Commission mee[~. The information listed below is not necessarily complete as I am unsure of some details but it is a compilation of tl"~e facts and proceed'mg~ es closely as ! can reconstruct lhern_ Please keep in mind the events in question occurred 5 years ago. On July 7, 1998, Collier County sent out bid # 98*2834 - 'Orthoflhosphate/Potyphosphate'. Sweetwater was the Iow I~icider for Ix~ locations i.e. Norttt membrane plant and the South lime softening plant. Sweetwater was awarded the business et both locations and began shipments in September, '98. The first order for each location was ~ on September 9, 1998, On May 11, 1999 a letter wes receive~ staling that on April 13,1999 the Collier County Board of Commissioners re~ected all ~ for bid #98-2834. This lelter was accompanied by the "Executive Summary Reject Bid No. 98-2834' that was referenced by, the Cak:iquest representative in the recent B .oynton Beach Commissioners meeting. My files contain no further explanation about this item and unfortunately the Sweetwater Sales Manag~ tttat was directly involved is no longer with Sweetwater. However, I can provide some information from ~. As I remember, the city of Naples was using the same material as the Collier County Soulh plant. There was an occasion initially, when due to order timing and transit time, Naples of CoSier County South required product bel=ore arrival of the new material, in Order to accommodate an~ to I~event ~ lack of any treatment, Sweetwater arranged for material to be shared fn~m one facitity to the other. ThLs caused confusion about which facility received material and the amount of material received at eeeh plant. Ultimately this led to a situation where Naples or Collier South received an invoice when material was actually used by the other pJant. This is likely the source of the misconception that Sweatwater invoiced for larger amounts of chemical than delivered. What is conclusive is that a new request for bid was posted anti opened May 29, 1999 and Sweetwater Technologies was once again awarded the phosphate business at both the North and South plants. Since this occurred, the confusiofl described in the previous paragraph wes obviously resolved or Sweetwater ~ not have been awarded the business a second time as tow bidder. This wes a 1-year award and in 2000 the oo~,b~ was extended for an additional year at the mutual consent of Collier County an~l Sweetwate~. In 2001, Collier County requested that the contract be extended for 90 clays beyon(! the expitatiofl elate so the county could complete a competitive process underway. Sweetwater was not the succ:essftd bidder and ~hipped the last load to the South plant on FROM :Swemtwate~-Tenn FAX NO. :931 540 1338 Nov. 07 2003 04:42PM P3 1112(312001 and the last load to the North plant on 1/4/2002. Please refer to the other documents faxed along with this letter as confim-m-m-m-m~rt of the con4/act alld extensio~ls awarded. Throughout the term of the contract, Sweetwater suppled coupons to both locations and provided periodic analysis as requested. The results were always acceptable to all patties. Your letter stated you would be contacting Collier County so I trust this is consistent with their comments, tn looking into the issue of the 'Summary Reject Bid' document, we can only conclude that all items of contention were resolved since we ~ awarded the contract on the new bid and were granted subsequent extensions. If further darirx:ation is needed please contact me. Next let me desc~be the technical support capabilities of Sweetwater. Routinely throughout the contract period, there wilt be visits by myself or Bob Fowti(es, the National Sales Manager. We are both located in Tennessee. Bob and I am atways available by phone at the numbers provided. In addition to the 2 of us, Sweetwater has an agent located in Oviedo, FL by the name of The Dumont Company. Dumont has several personnel but the primary contact Is Ron Cartwdght, In the event of an emet'gency, Dumo~ carl respond and be on site within a very short time. In addition, Dumont is capable of maintaining invantol7 for immediate shipment of product when needed. All the people available will have the capability of providing Boyntort Beach with technical assistance as needed either by phone or in person. As for re~erences, I apologize for the confusion. We are asked for references on many bids around the country and we use the same ones routirmly. However in your case I now understand the details of membrane plants as well as lime softening, so let me give you what is ava~able, Membrane References: Sweetwater has had the business at only 2 full-scale membrane Plants and I pilot plant facility. We are on the approved bid list for several others. These are listed below. Pompano Beach, FL Currant vendor Collier County North, FL P~,,vious vendor Boca Raton, FL Pm, vious vendor at plant and used in memb~ne pilot plant as well Ft. Myers, FL Approved product on bid list Plantation, FL Approved product on bid list Collier County North is a membrane plant and South is a lime softening and may be mixed in the distribution system. As for lime softening plants, here ate ret~erences. New Orleans, LA Previous vendor Lafayette, LA Cunent rondos' Col;Jar County South, FL Previous v~mdor Knoxville, TN Current vendor Baytown, TX Current vendor I hope this response is suf~lent. Our experience is evident and the independent testing done with our products confirms the performan~ standa~ls required. If mom infoml~on or detail is desired, please contact me to discuss, Sweetwater Technologies has been sewing the potable ~vater market for ova[ 18 years in ali parts of the country. We offer each municipality a high quality product along with competent technical personnel. Our request is simple - give us the ot:~3dunity to provide this level of quality and service to Boynton Beach, FRC.e; :S,~eetuate~-Tenn FAX NO. :931 540 1338 No~). 07 2FJ03 04:4:3PH P4 Bill, ] will contact you next week if there is no communication from you pdor. FRL-~,, :Sweetwater-Tenn FAX NO. :931 540 133@ Nov. 07 2003 04:44PM P8 Ms. DebbJo IJe, President P.O.Box 147~ Tememla, CA 92593 RE: CentraGt JlG,,~161 -"OrlhephephalM~h~" Oe~r Ms. Lee'. Collier Count7 has been under Contra~ with )x)ur company for the referenced service for the past ~ne year. ?he County would like 1o renew this contra~t fo~ one additional )/ear in ac,~ance with the renewal clause in the agreemenL If ~)u arm agreeable to renewing the refsrenced cor~ract, please Indim~te your Intentions ..~1 am agreeable to renewing the present co~l~cl under the ...... I am not agreeable to renewal ot this ca~tracL If,,?u are agreeable to i~newing the COntl-dCt, thi~ .letter (Ul:x)n xour signing and return) w~ll suffice ss the ~onlra~t and will be consummated ulx~, r~iFt of a CountX Purchase Order for thb renewtld period, commencing June I, [~00 and ending June 21, 2001. Abo, plMse provue m Ulxtwl~ ~ of insurame for our ltlem. FROM :Sweetwatem-Tenn FAX NO. :931 540 1338 No~. 07 2003 ~4:44PM PS PAG~ ~0 BID NO. 9~51 Your pr°m~ attenlion I~ .rger~ mClUe~cl. Please return this letter to the Putohaatng Department with your resp~"~se by AlXil 4, 2000. Very truly yours, ~eghen ~4~m~ll Pur'ohn~ir~/G~neml Servio~ Oireotor A~X~l~noe: Conlr~t~r/Vemlot Signature Typed Name and Title Date: Naz-oh 30, 2000 FROq :Swemtwa. tem-Tenn FAX NO. :~31 540 1~38 Nov. 07 20~ 04:45PM P10 'COLLIER COUNTY 8OVER~'MENT ~U~'~Y~~FS~O~' P~C~ Mmy 24, 20~ Dele L~, President ~r P. O, Box 1473 D~r ~. Lee: ~e a~ m~ran~ ~ ~ ~m ~ Ju~ 21, ~1. T~ C~ desiraa e~i~ ~ ninety (~) ~s ~ ~ ~~ ~ ~1 exis~t~ te~B an~ ~d~s. ~is ~uld ~ the ~ e~i~ion ~e ~m~er 21, 2~, ~i~ will g~ u~ enough fl~ to ~m~e a ~t~e ~ ~ ~t ~ are ~ot wl~ a ~ for the p~ ~ ~ p~ ~i~ ~ ~1 ~ our water pllnt~ ~ts I~or will se~e ~ ~e ~i~ ~ ~d ~ aak th~ you s~n in t~ ~m~, 8~ Carnal Pu~si~Geneml Sewl~s FROI"i :S,,J,~'t~a.'te:r'-T~_nn FO:tX NO. :93t 540 '133B No',...,. OT 2003 EI4:44PI'l P? I~OF CO~fV eO~M~ ~ SkIE£'I't,J~TER' TPCNNOL. ouZES ~HO~Tl.I gOtl~Y ~GZDH~L ~T~.'[< ~ 40~-253221-6~2~ O- 000¢o 1.00 [~ ~5000,DO00 FRDI~; :S~ue~twater-T~_nn FAX NO. :931 540 !.338 Nov. 07 2003 04:43PM P6 WEETW~TER TECHNOLOGIES ~ORTH COUNTY RI~:~IONAL WATER · O, 90X 1473 ~rI~R~THENT PLANT EHECUL~, C~ ~005 V~N~FRBILT [4E~CH ' 925~~pLES, FL 34120 / ), 408"25322 ~-~52~ ~ 0-00000 L,O0 E~ 24~36,000~ EANKET PD F/Y 99-00 FOR ORTHOPOLY PHOSPH~1E AO ER ~ID 99-2951 APPR 6/22/~ t6~2 EXP%R~ EPL~CES PO 912~24 FRE~ :S~eet~ater-Tenn Fiq× NO. :931 ~40 i~3B Nov. 87 2~3 04:4~H P5 41 EMECULA, C~ :OUNTY ROAD 951 ...... , . .... .--, . j~.J.,~ ...;, .~ . ... ., .~ ....... .," .. , ,. ....~ _~'"/~, .... ~ ..... ~ ~40.;~ ,., . .......... ~ ?.~ ~:;:~.: :i~.~ :'-~:~ :? ;:.."*~ xu~.' 'r .,-"-':~ ::'.'. ~~:':: ;t~: .- ..... - ~,~ ... ~.' ' '-.., ,.:~;.,,. ','~.. ....... .... "' ' ~""" .'"' "-"?' ~ :;~.:: .... "Ft-__ -:-:'.'~:'." ' '- t~::.;..:. ' . -. ; : .,.,,,.; r. 'v::;,,","', ".;: : .... . .,*.M~..,:.:-~: ,...~,.:~ -.~.~ :~,: ~,;',"~i.~;'~.',n1:? :*-~,' ..... ~'~.,:',~',~,~, ~ .. :. :. ,:~~,, ' .,~*..'.,: '",,',',', 'L .: .4 -'.'.... ~ kkB ;.' ~'. ,,,- ..... · .............. LAHKET PO F/~ 9~"DO FOR S PE~]D 99-2~1 ~PPR 6/2Z/~ 16B2 EXP 6/2~/00 EDT TO~ur:~ ~M~) ~g NEEDED DURING THE YEAR, [PL~CES P~ 916116 MEMORANDUM Utilities #03-154 ]~ 1~ C ~ J ~ 1~ ~ TO: Bill Atkins OC]' 0 I 200,] Procurement Services FROM: Bob Kenyon'~ o~ I< _f~ ~ Deputy Utilities DireCtor DATE: September 29, 2003 SUBJECT: Polyphosphate Type Corrosion Inhibitors Bid ~072-2821-03/JA Agenda Item Bids for polyphosphate type corrosion inhibitors were received and opened on July 9, 2003. Polyphosphate compounds are used as part of the water treatment process at both of our water plants. They are used for: lead and copper control; · prevention of scale; · prevention of corrosion and tuberculation in the distribution system and hot water heaters, and; · reduction of scaling. Due to the proprietary nature of many of the formulations, the Utilities Department obtained assistance from one of our consulting engineers to evaluate the efficacy of the products bid. Based upon the information submitted by bidders, price, and a report from our consulting engineer, Hartman & Associates, the Utilities Department recommends awarding the bid to the lowest responsive, responsible bidder, Sweetwater Technologies of Columbia, TN. The dosage price for the east water treatment plant is $6.91/million gallons of treated water, and the dosage prices for the west water treatment plant is $7.47/million gallons of treated water. The anticipated annual expenditure for polyphosphate type corrosion inhibitors is $37,000.00. Funds are available in account 401-2811-536-52-35. Please place this bid award recommendation on the next City Commission agenda for approval. Attachments cc: Dale Sugerman Barb Conboy Dave Ailstock Tom Fitzgerald BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach. Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: June 13, 2003 Bid Title: "ANNUAL SUPPLY OF POLYPHOSPATE TYPE CORROSION INHIBITORS' Bid Number: 072-2821-03/JA Bid Received By: July 09, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving d~te and time is scheduled for: July 09, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: ~O e e. ar~o a4-et-' I~ech~ol oa Federal I.D. Number: ~' 0 A Corporation of the State of: X Area Code: gOD Telephone Number: Area Code: Q3~ FAX Number: ~40-/3~g Mailin ^dar s: -p. O City/State/Zip: ~o}u~, b;a., Vendor Mailing Date: "7/A ]0, (~~ ~_~.__. ~: A~~ed Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. -- The undersigned proposes to deliver the product in accordance with the specifications for the sum- of: CORROSION INHIBITOR FOR THE 6 MGD LIME SOFTENING WTP: (Recommended dose for optimum corrosion control and sequestration = I. 3 mg dry product per liter, anticipated weight per million gallons of treated water = I I, 0 pounds)~ Unit Price Per Million Gallons Annual Price (Based on 6 MGD) - basd olosaq 04: I, 5 m /t. az Cos, CORROSION INHIBITOR FOR TIlE 8 MGD MEMBRANE SOI~ENING WTP: (Recommended dose for optimum corrosion control m~d sequestration -- l.t5 gallons liquid36~ product per million gallons, anticipated weight per million gallons of treated water =/,~. 5 pounds) $ ~7,'4b~ $~l,gOq, 4g unit Price Per Million Gallons Annual Price (Based on 8 MGD) Product Brand: C ~9 "/{~ 7 L THIS PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 ALL PRICES F.O.B. BOYNTON BEACH Unit price per million gallons of treated water shall be firm through the Contract Period. It is further agreed that the product will be delivered within ~'L 7 calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted Specification "check-off' sheets (Pages 3 -6) submitted x/e ~ Yes/No Product composition sheets submitted Yes/No Product samples ¥¢ s; Yes/No References submitted for (5) similar lime softening treatment facilities that company has done work for in the past (5) years. Yes/No References submitted for (5) similar membrane softening facilities that company has done work for in the past (5) years. Yes/No At least one (1) of the above references must operate a system in which lime softened and membrane softened water is blended in the ,I distribution system. ~ S Yes/No THIS PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 ///~"~,,~ Sweetwater Technologies ~' SVV~ETV~ATER· REFERENCES East Lime Sof[ening Water Treatment Plant Sewerage & Water Board Lafayette Consolidated Government of New Orleans South Water Treatment Plant 625 St. Joseph Street 810 W. Broussard Rd. New Orleans, LA 70165 Lafayette, LA 70506 Manatee County Water Treatment Plant Los Angeles Dept. of Water & Power 17915 Waterline Road 1310 i Sepulveda Blvd. Bradenton, FL 34212 Sylmar, CA 91342-1055 City of Wichita 1815 West Pine Wichita, KS 67203 P.O. Box 602, Columbia, Tennessee 38402 TEL: 931-540-1334 FAX: 931-540-1338 sales~sweetwatertech.com COMPANY NAME G PRINTED NJkME (goo) qqs-qSq4 lJ,',~e-bte$;,~,,,4; TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 ANTI-KICKBACK AFFIDAVIT STATE OF ~~f~,~tgre~ ) · SS COUNTY OF PALM BEACH ) 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 finn or by an officer of the corporation. By: ~T~' NA~-SfGNA~ Sworn and subscribed before me this c~ ~.d day of ~ &[ ,20 ~ Printed Information: NAME TITLE NOTARY I/I~/BLIC, Sthte at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 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. ( ) AMERICAN INDIAN ( ASPXN ( ) BLACK ( ) HISPANIC (~.) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO ~ If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 21 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drag-fi.ce workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received fi.om a business that certifies that it has implemented a drag-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-flee workplace program. In order to have a drug-flee workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-flee workplace, any available drug counseling, rehabilitation, and- employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working o n t he commodities o r eontractual services t hat a re under b id, t he 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 five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory p.articipation in a drug abuse assistance or rehabilitation program if such is available in the employee's commtmity by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-flee workplace through implementation of this section. theAS the person authorized to sign the statement, I certify t~above requirements, fi~h~~'m com~ fully with~s ~a~~''~' en~or's i TI-IlS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 SPECIFICATIONS FOR ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS The City of Boynton Beach Utilities Department'is seeking a firm price for corrosion control chemicals to be used at the two (2) existing water treatment plants. The price of the proposed product(s) will be submitted on both a unit price basis (cost per gallon or pound) and also as a guaranteed price per million gallons of treated water. The term for this contract is for (1) year. The City has two water treatment plants. The East Plant is a lime softening plant with an average flow of six (6) million gallons per day, and the West Plant is a membrane softening plant which produces an average of eight (8) million gallons per day. Both plants feed water into a common distribution network. The City is seeking one supplier to furnish the appropriate chemicals and to provide service to maintain full corrosion control services. Please place an (x) on the blank line next to each item if a specification is met. ff exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3 -6) with the proposal sheet in order for a bid to be considered. For your own records, it is suggested that you make and keep a copy of the specifications. X There shall be two (2) products. One product shall be used at the lime softening plant. The other shall be for use at the membrane softening plant. The Bidder must provide a recommended product dosage for each facility for evaluation by the City. xL The phosphate inhibitor for the lime softening water treatment shall be suitable for the following water quality: Parameter Finished Water DH: 8.93 Alkalinity: 53 m~-.~ as CaCO3 Total Hardness: 109 m~fL as CaCO3 Calcium Hardness: 90 m~/L as CaCO3 Ma~t~nesium Hard~ess: 19 mg/L as CaCO3 Iron: 0.02 mg/L Color: 11 Chlorine as Clx: 3.5 Turbidity: 0.22 NTLI THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued ~)~ The phosphate inhibitor for the membrane softened water shall be suitable for the . following water quality: Parameter Permeate Finished Water pH: 5.76 8.15 Alkalinity: 37 mg/L as CaCO3 51 mg/L as CaCO3 Total Hardness: 51 mg/L as CaCO3 74 m~L as CaCO3 Calcium Hardness: 49 mgv/L as CaCO3 72 m,g/L as CaCO3 Magnesium Hardness: 2.4 mg/L as CaCO3 2.6 mg/L as CaCO3 Iron: < 0.02 mg/L < 0.02 mg/L Color: < 2 5 Chlorine as C12: 0 3.7 Turbidity: 0.05 NTU 0.08 NTU X It shall be the responsibility of the supplier to independently gather water samples from the water treatment plants to verify the existing water quality. ~' Dry polyphosphate shall be used at the East Lime Softening WTP and shall be shipped in 40 or 50 pound multi-walled bags with no more than 1,250 lbs. of product per pallet. ~ This material will be delivered to: 1620 S. Seacrest Boulevard, Boynton Beach, FL 33435. ~ The dry polyphosphate shall be delivered in containers that maintain the granular form of the bulk shipment during storage. ~( The dry polyphosphate shall dissolve completely into solution during product make- up. The dry polyphosphate shall be suitable for use as a minimum 52% solution and the required feed rate shall not exceed 6.0 gallons per hour of 52% solution. x/( Liquid product shall be used at the West Membrane Softening WTP and shall be shipped in 50-60 gallon drams. ~" Delivery Address: 5469 West Boynton Beach Boulevard, Boynton Beach, FL 33437. /X' The track delivering this product must be equipped with a hydraulic tailgate or other means to get the chemical safely fi-om track to ground level. X/ The liquid product maximum feed rate shall not exceed 6.34 gallons per hour of product. 4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued Each product shall control the corrosion rate at the vendors recommended dosage so as not to exceed corrosion rate determined with the current product by more than 10%. The corrosion rate at the recommended product dosage will be measured in mils per year in accordance with ASTM G59. The supplier shall provide a list of references for five (5) similar lime softening water treatment facilities and five (5) similar membrane softening facilities that their company is either cun'ently doing work for or has done work for within the last five (5) years. In addition, at least one (1) of the above references must operate a system in which lime softened and membrane sottened water is blended in the distribution system. Product composition sheets and samples will be submitted with the bid for inspection. Material Safety Data Sheets shall be submitted with the fn'st order to each plant and the supplier will conduct annual training within one week of the fn'st delivery. This. training will include proper handling, use, safety, chemical properties and water chemistry. This training will be conducted at each of the Utility Water Plants. Each and every package shall bear the name of the product and the company name, address, phone number, and a product hazard label in accordance with National Fire Protection Association. Successful bidder will submit quarterly analytical reports on four (4) water distribution samples. These samples shall be collected by the Utility in vendor furnished bottles. These reports shall include: pH, hardness, alkalinity, iron, lead, and copper. Freight/postage shall be the responsibility of the supplier. An annual corrosion coupon analysis and phosphate profile shall be performed six (6) months alter first purchase order by the chemical supplier. The supplier will conduct a training session at the Utility aiter this testing to explain the results of this analysis and recommendations to the program. Each product shall be in compliance with the ANSI/NSF Standard 60 for Direct Additives for Drinking Water and shall be acceptable for potable use in Florida by local and state regulatory agencies. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued ~ The products received by the City shall bear the NSF mark, identifying number, _ product trade designation and name, address and telephone number of the manufacturer or supplier. Both the manufacturer and the supplier shall be listed in the index of ANSIfNSF Standard 60 companies and shall comply with ISO 9001, 9002, or 9003 quality systems standards throughout the contract period. The scale inhibitor supplier shall supply a sufficient quantity of scale inhibitor chemical to the City's WTP's for one (1) year operation of each WTP at raw water feed rates of 6 MGD for East Lime Softening WTP and 8 MGD for the West Membrane Softening WTP. The supplier shall determine through correspondence with the City the most beneficial number of shipments to each facility. If any shipment of scale inhibitor is proven to be below the quality required by the Product Specifications, the City reserves the fight to reject that shipment. The rejected material shall be removed by the vendor at the vendor's expense. The supplier shall then replace the rejected material with satisfactory material or credit the City with the full delivery price of the rejected material. Should the scale inhibitor for any reason prove unsatisfactory for the purpose intended, or should the scale inhibitor not perform in accordance with the specifications, or should there be a decline in the treatment effectiveness as defined in Rule 62-555 of the Florida Administrative Code (FAC), the City reserves the right to cancel the contract. The supplier will be required to provide technical assistance within 24-hours of notification of such need. Technical assistance can be provided either through site visits or phone conversations at the discretion of the supplier. 6 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: June 12, 2003 Bid Title: "ANNUAL SUPPLY OF POLYPHOSPATE TYPE CORROSION INHIBITORS" Bid Number: 072-2821-03/JA Bid Received By: 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: 0 Federal I.D. Number: A Corporation of the State of: AreaCode: ~/)() Telephone Number: c qs- $q4 or Area Code: C~51 FAX Number: Mailing Address: City/State/Zip: ~ Itt hq b:a; -'f~ ~ ,J"~o,g/.-6~0 ox , v ndor ai, at : Authori~/d Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 // ~'..,,,, Sweetwater Technologies REFERENCES West Membrane Softening Water Treatment Plant Tennessee American Waterworks City of Calhoun P. O. Box 6338 P.O. Box 248 Chattanooga, TN 37401 Calhoun, GA 30701 City of Gadsden City of Pom.t?ano Beach P. O. Box 800 301 N.E. 12= Street Gadsden, AL 35902 Pompano Beach, FL 33060 Gulf Coast Water Authority 3630 Highway 1765 Texas City, TX 17591 P.O. Box 602, Columbia, Tennessee 38402 TEL: 931-540-1334 FAX: 931-540-1338 salesl~sweetwatertech.com /'/~~",,, Sweetwater Technologies //SW~r_.ETt4/ATER', COMPOSITION SHEET CP767L Zn 1.5% - 3.0% PO4, as poly 10.0% - 20.0% CP59D Sodium Tri Polyphosphate 40 - 60% Teara Sodium Pyrophosphate 20 - 40% Soda Ash 10 - 20% P.O. Box 602, Columbia, Tennessee 38402 TEL: 931-540-1334 FAX: 931-540-1338 sales~sweetwatertech.com ~ ~ ,, Sweetwater Technologies .... /swc-e--rwA~E~"~ " EXCEPTION ON PAGE 4 Due to the concentration of the components in CP59D, it is not possible to make a 52% solution in water, i.e. 58% CP59D + 42% water. P.O. Box 602, Columbia, Tennessee 38402 TEL: 931-540-1334 FAX: 931-540-1338 sales~sweetwatertech.com $ WEETWA TER · Blend of Polyphosphates for broad protection CP 59D · Eliminates costly leaks due to corrosion · Reduces or eliminates the need for pH adjustment · Eliminates unsightly red and black water complaints · Reduces overall treatment costs · Lowers THM's by maintaining a IowerpH environment Principal Uses Handling and Storage Sweetwater CP 59D is a dry polyphosphate corro- Avoid contact with skin or eyes and wash affected sion inhibitor used in the protection of potable wa- area immediately if contact is m~l. e. If irritation ter conduits in the transmission of public water persists call a physician. Do not take internally. supplies. CP 59D has been specifically formulated to ~/ovide signiflmm qumgit~_ of~ho ard_l~~ Sweetwater CP 59D can be stored in unopened con- imsforawklerar~ofcoaus~inla3ifimneedg~ miners for extended periods of time. As. material without pH adjusters such as caustic soda or lime, will cake up when exposed to air, opened contain- CP 59D can help reduce THM formation rates as ers should be sealed to prevent exposure to the at- THM'sareproducedataretardedrateatalowerpH. mosphere. Avoid breathing dust from product. General Description Shipping Form Dry Sweetwater CP 59D is available in either bag, pail or supersack quantities from various locations Color White to Slight Amber around the United States. Odor Slight to None % PO4 59 This product bulletin has been provided to you for Solubility 2-3 Lbs./Gallon reference purposes only. For further information on Swectwater products or services please contact your local Sweetwater representative or Sweetwa- Typical Dosage Rates ter national headquarters at the following address: Pacification 5 - 15 ppm Maintenance 2 - 6 ppm Feeding Sweetwater Technologies Sweetwatcr CP 59D is best fed after dilution with A Division of National Sweetwater, In~ water from a mix tank. Dilution rates will vary P.O. Box 1473, Temecula, CA 92593 based upon pump capacities, temperature and make (800)426-2428FAX(909)598-9906 upwateranal2y.sis. Pmnps should be selected t.o handle a dosage' within the typical feed rates identified above. Sweetwater Technologies Material Safety - P.O. Box 1473, Temecula, CA 92593 Telephone (800) 426-2428 FAX (909) 598-9906 Data Sheet Section I - Identification Trade Name: I CAS Number:. CP 59D I NIA Chemical Name and Synonyms: Condensed Inorganic Phosphate Blend Chemical Name: Formula: Corrosion Inhibitor Proprietary Section II - Hazardous Ingredients Component % TLV.'rlNA This product contains no hazan~ous ingredients as defined in 29 CFR 1910, 1200 Section I!1- Physical Data Boiling Point (C) N/A Specific Gravity N/A Vapor Pmeaum (mm Hg) Percent Volatile by Volume N/A N/A Vapor Density (Air = 1) Evaporation Rate N/A N/A Solubility in Water )H Neat Appreciable N/A Appearance and Odor: White Powder Section IV- Fire and Explosion Data Extinguishing Media: Dry chemical, foam and CO2 Special Fire, Hazard, and Fire Fighting Procedures: Exercise caution when fighting any'chemical fire. Respiratory protection is essential. Section V - Reactivity Data Stability:. Stable IHazardous Polymerization: I Conditions to Avoid: None Known I Incomaatability. Materials to Aviod: i l. la=ardou~ ~ition Produots: None Known I None Known I Section VI - Health Hazard Data Threshold Limit Value (I~/A): None Known Symptoms of Overexposure: None Known Primary Routes of Entry:. Skin Toxicity Information: Slightly toxic if swallowed. Emergency First Aid Procedures Skin: In case of contact remove contaminated clothing and immediately wash skin with soap and water.. Eyes: In case of contact flush with copious amounts of water for at least 15 minutes call a physician. Ingestion: Give large quantities of water and induce vomiting. Call a physician immediately. nhaletion: Avoid breathing dusts or vapors. Move individual to an uncontaminated area and administer oxygen if necessary. Call a physician. Section VII - Special Protection Information Respiratory Protection (Specify Type): Wear NIOSH approved mist respirator. Ventilation: Ama should be well ventilated. Protective Gloves: Rubber Eye Protection: Safety glasses or eye goggles. Other Protective Equipment: Eye bath and safety shower Section VIII - Spill or Leak Procedure Steps to be taken in case mate~at is released or spilled: Dispose of in accordance with local, state and federal regulations. Dike area to corttaln as much spilled matedal as possible. Remove any remaining material by absorbing ~ vermiculite or other suitable absorbing material. Waste Disposal Method: Follow state, federal and local regulations for disposal in an approved landfill. Section IX - Special Precautions Precautions to be taken in handling and storing: Avoid contact with eyes, skin and clothing. Keep container closed. Wash thoroughly Date of Issue: 05/06/97 I Super~d"-' I Prepared bY: Marie D,Abato NSF Product and Service Listings These Listings were Last Updated on Wednesday, July 02, 2003 at 4:15 AM Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Warning: NSF is concerned about fraudulent downloading and manipulation ofwebsite text. If you have received this listing in hard copy, always confirm this certification/listing information by going directly to http://www.nsf, org/_ Certified/PwsChemicnls/Listin_~s.asp?Compan_v~H620&Standard~060& for the latest most accurate information. ANSI/NSF STANDARD 60 Drinking Water Treatment Chemicals - Health Effects SWEETWATER TECHNOLOGIES P.O. BOX 602 COLUMBIA, TN 38402 931-540-1334 Plant at: # 9 USA Blended Corrosion Inhibitor Trade Designation Product Function Max Use CP-78D Corrosion & Scale Control 12.6mg/L CP-6868D Corrosion & Scale Control 14mg/L CP-56D Corrosion & Scale Control 12.9mg/L CP-65D Corrosion & Scale Control 11. lmg/L CP-5719D Corrosion & Scale Control 17mg/L CP-4040D Corrosion & Scale Control 24mg/L CP-2060D Corrosmn & Scale Control 16mg/L CP-770D Corrosion & Scale Control 13mg/L CP-718L Corrosion & Scale Control 50mg/L CP-719 Corrosion & Scale Control 38mg/L CP-719L Corrosion & Scale Control 52mg/L CP-720 Corrosion & Scale Control 55mg/L CP-720L Corrosion & Scale Control 74mg/L CP-722 Corrosmn & Scale Control 49mg/L CP-722L Corrosion & Scale Control 65mg/L CP-723 Corrosion & Scale Control 33mg/L CP-723L Corrosion & Scale Control 44mg/L CP-725 Corrosion & Scale Control 33mg/L CP-725L Corrosion & Scale Control 44mg/L CP-727 Corrosion & Scale Control 29mg/L CP-63D Corrosion & Scale Control 22mg/L CP-78DS Corrosion & Scale Control 13mg/L CP-59D Corrosion & Scale Control 27mg/L Miscellaneous Corrosion Chemicals http://www.ns£ org/Certified/PwsChemicals/Listings.asp?Company=0H620&Standard=060 7/2/2003 $ WEETWA TER · Contains Zinc and Polyphosphate for broad protection CP-767L · Eliminates costly leaks due to corrosion · Reduces or eliminates the need for pH adjustment · Eliminates unsightly red water complaints · Reduces overall treatment costs · Lowers THM's by maintaining a IowerpH environment · Saves energy costs by maintaining a clean, non-corroded distribution system Principal Uses Handling and Storage Sweetwater CP767L is a liquid zinc polyphosphate Swectwater CP767L is an acidic material and corrosion inhibitor used in the protection ofpotable should be trcatcd as any other acid. Avoid contact water conduits in the transmission of public water with skin or eyes and wash affected area immedi- supplies. CP767L has been specifically formu- atcly if contact is made. If irritation persists call a lated to provide sigxd'ficant quantities of zinc and phYsician. Do not take internally. pQ. lyphosphate ions for a wide range of corrosion Sweetwater CP767L can be stored in unopened inhibition needs. When used without pH adjusters containers for extended periods of time. As CP- such as caustic soda or lime, CP767L can help rc- 767L is an acidic material, all contacted mix tanks, duce THM formation rates as THM's are produced at a retarded rate at a lower pH. storage con..t.a, incrs 9r feed. ,pumps. should be engi- neered to withstand an acidic envtronment. General Description Shipping Form Liquid Sweetwater CP767L is available in either drum %Zn. 2.2 or bulk quantities from various locations Color Clear to Slight Amber around the Onited States. Odor Slight to None %P04 22.0 This product bulletin has been provided to you for reference purposes only. For ~urther info/marion Typical Dosage Rates onSweetwater products or services ple. a.~_ contact your local Sweetwater representative or Sweetwa- Pacification 5 - 15 ppm ter national headquarters at the following address: Maintenance 2 - 6 ppm Feeding Sweetwater CF767L is best fed as a neat solution di- Sweetwater Technologies rcctly from the drtFn* or bulk storage tank., .l~um. ps ,n Division of National Sweetwater, Inc. should be selected to handle a dosage within mc P.O. Bo~ 1473, Temecula, CA 92593 typical feed rates identified above. As material is (S00)426-2428FAX(909)598-9906 acidic, care should be taken to insure that all wetted pump parts and feed lines can withstand an acidic environment. Sweetwater Technologies Material Safety - P.O. Box 1473, Temecula, CA 92593 Telephone (800) 426-2428 FAX (909) 598-9906 Data Sheet Section I - Identification Trade Name: I CAS Number:. CP 767L I NA Chemical Name and Synonyms: Zinc Polyphosphate I Chemical Name: Zinc Polyphosphate J Formula: Proprielary I Section II - Hazardous Ingredients Component % TLV-TWA Zinc Chloride 0-10 1 reg./m3 Section III - Physical Data Boiling Point (C) > 100C Specific Gravity 1.30 - 1.38 Vapor Pressure (mm Hg) Similar to water Percant Volatiia by Volume Vapor Density (Air = 1) Evaporation Rate Similar to Water Similar to Water Solubility in Water Infinite pH Neat 9.5 - 11.5 Section IV - Fire and Explosion Data N/A N/A N/A Extinguishing Media: Not flammable $~_,~_.al Fire, Hazard, and Fire Fighting Procedures: A self-conlalned brealhing apparatus should be worn by fire fighting pemonnel. Section V - Reactivity Data Stability: Stable Hazardous Polymerization: Conditions to Avoid: Treat as a basic Will nol occur so~ulion. Incom~atebil#y, Materials to Aviod: J Hazan:lm, m Decom~sition Products: i M--, strong causlic materials. I Hydrogen chlodde Section VI - Health Hazard Data Thr~hold Limit Value (TWA): None established Symptoms of Overexposure: Irritalion similar to a bum Pdmary Routes of Entry: Skin Toxicity Irfformation: None Established Emergency First Aid Procedures Skin: Immediately wash skin thoroughly with soap and water. Eyos: Flush with copious amounte of water for 15minules. Call a physician. Inge~ion: Administer large amounts of water to the victim. Call a physician. 'nhalation: Move victim to an uncor~aminatad area and administer oxygen if necessm7. Avoid breathing mists and vapor~ Call a Section VII - Special Protection Information Re~imtory Protection (Specify Type): A NIOSH approved respirator is recommended. Ventilation: ,Nea should be w~l vanb~lad. Protective Gloves: Rubber Eye Protection: Chemical splash goggles Other Protective Equipment: Eye bath and safety shower Section VIII - Spill or Leak Procedure all local, stale, and federal laws in d~ of in an appropriate manner. Waste Disposal Method: In acc~-dance of all local, state, and federal regulations Section IX - Special Precautions Precautions to be taken in handling and storing: Avoid contact wilh eyes, skin, and inhalation of mists. 4/11/97 I Supercedes: Prepared b~. Tiffany Tierney (~I Underwriters ~AX~ (~ z'/z-e~z9 LabOratories Inc.® .Tanu~y ~o, 2°ol Swo~wm~ 'rodmloeie. ~ Mr. J.'r. bimy P.O. Bmc 6o2 This letter tmtporun3y Mppiemmte the UL Follow-Up Serves Inspection ~ 11m pMdu~ cP'76~ 2s mS/L We wish to remind you that your mlxnittal oft dllfl of new or revised UL Marb fur UL review is a revised ( h du fbd or ~ the ~ ~ilit~), m dds b porn-hie to bring them imo comj)h,~ plmoe bd fl-ce to oomact us. We look h'ward m wo~n~ with you jn the flm~re. RAY t~-x~. ~212) RICHARD WmTO~ (I~ 42676) -The City of Boynton Beach Procurement Services 100 ~. Boynton Beach Boulevard P.O. ~ox 310 Boynton Beach, P'gorida 33425-0310 Telophon~ No: (561) 742-6320 F~' (56D 742-6306 September 19, 2003 SWEETWATER TECHNOLOGIES P.O. BOX 602 COLUMBIA, TN 38402 ATTN: JOEL T. RAINEY Dear Mr. Rainey, Thank you for responding to our Bid # 072-2821-03/JA "ANNUAL SUPPLY OF POLYPIIOSPHATE TYPE CORROSION INIIIBITO~". Your bid proposal price will expire on October 9, 2003, however, we would like to know if you are willing to extend your bid proposal price foran additional 60 days, which will extend your proposal through December 9, 2003. We are currently waiting on our consultant engineering fu'm (Hartman & Associates) to complete their review. Please indicate your response on the following page and return it to Procurement Services at your earliest convenience. We look forward to hearing from you. ffyou should have any questions, please feel flee to call my office at (561) 742-6322. Sincerely, Bill Atkins, Deputy Director of Financial Services Bob Kenyon Utilities Director cc: Barb Conboy - Manager Utilities Adm/niswaton Cenwal File File America's ~a tewa y ~o the ~ulfstream The Ci t~ of Boynton Beach ,~,~,.,~ ~e~ce~ ~ECEIVED 100 K ~ton Beach ~ulev~d ~o. ~o~o SEP 3 0 ~3 ~YntOn Beach, ~o~da 33~2~-0310 NAME OF BID: "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" BID#: 072-2821-03/JA Agreement between the City of Boynton Beach, Owner; and SWEETWATER TECHNOLOGIES (Company's Name) - Extension Period: OCTOBER 9, 2003 TO DECEMBER 9, 2003 ~/Yes, I agree to extend the existing bid proposal under the same Terms and Conditions, until an award is made. _ No; I do not wish to extend the existing bid proposal. NAME OF COMPANY SI NAME OF REPRESENTATIVE TITLE (please print) q/;~ /05 &)O - ~a~, -~ qa £ or DATE ' (AREA CODE) TELEPHONE NUMBER America's Gateway to the Guffstream ,-~"~AME OF BID: "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" BID DATE: JULY 9, 2003 BID #: 072-2821-03/JA STATEMENT OF "NO BIDS" LISTING UNISOURCE We do not offer this product or an 4151 WOODCOCK DRIVE equivalent. JACKSONVII.I~E, FL 32207 o ° o~ ~ z ~ ~ z m -0~ 0 z ;: ;o o-o-o (J> o._.I m- ' I-' cz ~o C:: m° ~ m~ ~-' .~ >".. .< 9 P.c 0 ;o z: ~ 0~ g~.:. 0 ' x z =13 "0 Z 03 oc> 0 -,~ · m o IT! :3' ~ o 0 ~ z -- "~ ~-- -- ~ o°~· ~ ×g~-b~, . ~ ~- (/) m ' (~ o3m ~, · · ~ 0 m ~.~° ~ ~m~ '< __ ~ r~ ~ z, ..~<o~. ~ m - · m ~. ~ ..~ ~ o -< m o 3 o .-~ ) . mmm mm mm mm mm m mm mm m mm m mm m mmmmmmm m m mm ~mm MEMORANDUM HAIg 00.0197.0 TO: Mr. Robert L. Kenyon Deputy Utilities Director Utilities Department City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 FROM: Charles S. Parker, P.E. ~$ P DATE: September 25, 2003 SUBJECT: City of Boynton Beach Evaluation of Phosphate Corrosion Inhibitor, Task Order No. 6 1.0 INTRODUCTION 1.1 Purpose Hartman & Associates, Inc., (HAI), is pleased to submit four (4) copies of the results of the phosphate corrosion inhibitor analysis. The purpose of this memorandum is to summarize our findings and recommendations relative to the phosphate corrosion inhibitor analysis performed at the City of Boynton Beach East Lime Softening Water Treatment Plant (East WTP) and the West Reverse Osmosis Water Treatment Plant (West WTP). The purpose of this study was to evaluate the lowest apparent bid for the polyphosphate corrosion inhibitor contract using the manufacturer's sample of product and recommended dose to determine if the product could either meet or exceed the performance of the City's current corrosion inhibitor products. -1- The objectives of this study were as follows: 1. Collect data from reputable manufacturers for the City's use in preparing bid specifications. 2. Assist the City in the preparation and review of the corrosion inhibitor bid specifications. 3. Perform a baseline analysis of the City's water with the current corrosion inhibitor products measuring corrosion rate in mils per year (mpy) at each WTP. 4. Evaluate the apparent low bid products at each WTP at the manufacturer's recommended dosage by measuring the corrosion rate of the water to see if the product can meet or exceed the performance of the City's current products. 1.2 Corrosion Metering System For the evaluation of the corrosion inhibitor products, a portable linear polarization resistance (LPR)instrument was.used. An LPR instrument determines the corrosion, rate .by measuring.the current from a small applied potential difference between two measurement electrodes of the alloy being monitored. For this analysis the Aquamate CORRATER LPR instrument was used. The LPR measures the corrosion rate of a flow through sample in mils per year (mpy). 1.3 Baseline Analysis The purpose of the baseline analysis was to determine the performance measured in corrosion rate (mpy) of the City's current corrosion inhibitors at each WTP. Once the baseline was established, the proposed corrosion inhibitor product was tested to compare its performance against the existing product. If the corrosion rate for the new product were consistently below the baseline range, then the new product would be said to exceed the performance of the existing product. Conversely, if the corrosion rate for the new product was consistently above .the baseline range, then the dose of the new product was to be adjusted in order to meet the current product performance. From there, it would be possible to re-calculate the costs to the City with the actual required dose and re-evaluate as to whether or not the apparent Iow bid was the actual low bid. -2- In order to determine baseline values, flow through samples from each WTP were allowed to run through the LPR assembly until the corrosion rate stabilized. All corrosion rates for the baseline study along with product testing were determined using the LPR assembly's copper electrode. Prior to determination of the baseline values for corrosion rate, time was allotted to allow the electrode corrosion rate values to stabilize. This was important for both the baseline analysis and the product testing analysis. For this analysis, a "stabilized" corrosion rate was one in which the corrosion rate remained consistent with either a slight increase and or decrease for a small corrosion rate range. The flow through sample for the East W-TP was taken after polyphosphate addition on the discharge tap from the high service pumps. Figure 1-1 includes the baseline measurements after addition of the existing polyphosphate supplier and illustrates the stabilization of the corrosion rate. The baseline goal for the proposed product was determined to be between 0.34 mpy to 0.40 mpy following stabilization of the corrosion rate. The flow through sample for the West WTP was taken after polyphosphate addition following the reverse osmosis units and prior to degasification. Figure 1-2 includes the baseline measurements after addition of the existing polyphosphate supplier at the reverse osmosis WTP and illustrates the stabilization of the corrosion rate. The baseline goal for the proposed product for the West WTP was determined to be between 1.29 mpy to 1.75 mpy. It should be noted that for the West WTP, the flow through sample corrosion rate is not indicative of the finished water quality of the facility. The flow through sample water was very unstable following the membrane treatment and sulfuric acid addition. This location was chosen however so that a comparison under equal conditions could be performed against the proposed product. 2.0 PRODUCT TESTING 2.1 Product Testing Equipment In order to accurately test the proposed products, a metering pump was used to pump the sample product into a flow through sample line where it could then run through the LPR assembly for analysis. The metering pump used for this project was an LMI metering pump with a maximum feed rate of 0.58 gallons per hour (gph) and discharge head of 150 pounds per square inch (psi). The sample piping was ~A-inch PVC pipe with multiple 90 degree bends to ensure good mixing in the sample line prior to connection to the metering box. -3- 2.2 Proposed Corrosion Inhibitor Products Following review of the bid submittals for the corrosion inhibitor contract, it was determined that Sweetwater Technologies, Inc. had the lowest total apparent cost for corrosion inhibitor for the WTPs. The product selection for the East WTP based on the specification requirements was the CP59D at 1.3.. mg/L as dry product. The total estimated annual price for this product at the recommended dosage was $15,132.90. The product selection for the West WTP based on the specification requirements was the SP767L at 1.15 mg/L as neat product. The total estimated annual price at the recommended dosage was $21,809.48. The total annual cost for the Sweetwater Technologies products totaled $36,942.38. 2.3 Product Testing at the East WTP In order to keep the East WTP from mining off it's current corrosion inhibitor feed system, a flow through sample was taken at the corporation stop located on the softener unit discharge to the filters prior to corrosion inhibitor addition. Although the flow through sample was not filtered, there is no other chemical addition to the water besides the corrosion inhibitor following this point. An additional baseline measurement without any corrosion inhibitor was taken prior to the product testing. The pre-phosphate baseline for the East WTP showed a corrosion rate range of 0.32 to 0.39 mpy. Figure 2-1 illustrates the pre-phosphate baseline for the East WTP. The sample flow for the analysis was determined to be approximately 0.60 gallons per minute. In order to accurately dose 1.3 mg/L of the CP59D prOduct, the metering pump was set at 0.093 gph pumping a 0.05% solution prepared in the HAI water laboratory. Following addition of the CP59D product at the manufacturers recommended dose, the corrosion rate was determined to be between 0.15 and 0.17 mpy. Figure 2-2 illustrates the corrosion rate following the addition of the Sweetwater Technologies, Inc. CP59D. Based on these results, the Sweetwater Technologies product meets or exceeds the performance of the current corrosion inhibitor product. 2.4 Product Testing at the West WTP The intent of the testing was to not disrupt the normal operation of each of the WTPs. However, due to the injection location of the corrosion inhibitor at the West WTP, there was not enough available sample flow required to run the analysis prior to injection of the corrosion inhibitor. Because of this, the staff at the WTP agreed to turn off the West WTP's corrosion inhibitor feed -4- system so that the same flow through sample point used for the baseline analysis could be used for the product analysis. Like at the East WTP, an additional baseline measurement without any corrosion inhibitor was taken prior to the product testing. The pre-phosphate baseline for the West WTP showed a corrosion rate baseline range of 0.79 to 1.00 mpy. Figure 2-3 illustrates the pre-phosphate baseline for the West WTP. The sample flow for the analysis was determined to be approximately 1.06 gallons per minute. In order to accurately dose 1.15 mg/L of the SP767L product, the metering pump was set at 0.073 gph pumping a 0.1% solution prepared in the HAI water laboratory. Following addition of the SP767L product at the manufacturers recommended dose, the corrosion rate was determined to be between 0.70 and 1.84 mpy. Figure 2-4 illustrates the corrosion rate following the addition of the Sweetwater Technologies, Inc. SP767L. Because the water at this point in the treatment process is unstable, these results were not unusual. However, based on these results, the Sweetwater Technologies, Inc. product seems to at least meet the performance of the current corrosion inhibitor product. 2.5 Lead Solubility Corrosion Control The final part of this analysis was to evaluate the anticipated lead solubility and how it may be affected by a change in the corrosion inhibitor product. The addition of a phosphate inhibitor is one of the most effective methods of reducing lead corrosion and reducing tap water lead concentrations below the regulatory action level. The phosphate dosage can be evaluated based on the target lead solubility, finished water pH, and finished water alkalinity. Figures 2-5 and 2- 6 illustrate the expected lead solubility for the lime softened water and the reverse osmosis treated water using both the current phosphate corrosion inhibitors at their recommended dosages and the proposed phosphate corrosion inhibitor products at their recommended dosages. Figure 2-5 illustrates that for the East WTP the Sweetwater Technologies Inc. CP59D yields a lead solubility of 0.06 mg/L or 0.012 mg/L higher than the current product, the SNC-N2. This is not a significant increase for lead solubility. Figure 2-6 on the other hand illustrates that for the West WTP, the Sweetwater Technologies Inc. SP 767L yields the same lead solubility at the current product SLI-6120. Based on this analysis, both of the Sweetwater Technologies, Inc. products seem to meet the performance of the current corrosion inhibitor products. -5- 3.0 SUMMARY AND RECOMMENDATIONS In summary, the purpose of this project was to analyze the apparent low bid products at the manufacturers recommended dosages to ensure that the products meet or exceed the performance of the City's current corrosion inhibitor products. Based on the results of this analysis, HAI concludes that the Sweetwater Technologies products CP59D and SP767L for the East and West WTPs respectively meet or exceed the performance of the City's current corrosion inhibitor products. Therefore, it is the recommendation of this report that the City award the corrosion inhibitor contract for the fiscal year 2003 to Sweetwater Technologies, Inc. Following award of the new contract, it will be important that the City hold the supplier to the following terms of the specifications. 1. The successful bidder shall submit quarterly analytical reports on four (4) water distribution samples. These samples shall be collected by the City in vendor furnished bottles. These reports shall include: pH, hardness, alkalinity, iron, lead, and copper. 2. An annual corrosion coupon analysis and phosphate profile shall be performed six (6) months after first purchase order by the chemical supplier. The supplier shall conduct a training session at the Utility after this testing to explain the results of this analysis and recommendations to the program. CSP/slm/00.0197.01 O/reports/r- !/Final Report. DOC -6- il~ 8 ~ ~1-~ IIIIIII m IIIII1~!1 FIGURE 1-1 Om 0 o ~ a/~l~ · O/~la, i I o lllll h. (Adm) ~le~ uo~so~o~ FIGURE 1-2 ~ ~lll~llli~ (Xdm) alea UO~SOJJO3 J FIGURE 2-2 ,:.: fi · - , ~ ...............'- ~ffllillllL (&dm) alert uo~soJJOO FIGURE I .'X. oo o2~ ~ ~ ~/~z 0 0 (~dm) ele~ uo!soJJO0 FIGURE 2-4 1.000 J ' ~ * ' ! p. =o.o 0.100 . 200 .,,I 0.06 -..~=:..-:..~-------? - - -. ..................................................... 100 Q. O.O48 0.001 , , , ' I , , t ;, I t f I i I , I I i I t ' ' ' 0 ~ I i 2 3 3.2 4 5 CP590 SNC-N2 mg POJL NOTE: pH = 9.0,. = 0.005, T = 25°C 01.0197.010_JLO_Ealt_Leld-.v~.C~ = HARTMAN & ASSOCIATES, INC, Lead Solubility versus Phosphate FIGURE --. ~ u ~-~'~'~- ~"~ .... ~ ~ ~ co~.~, at Various Alkalinities 2 - 5 g r ~ I ................................ City of Boynton Beach East WTP A TETRA TECH Co~any - pH = 9.0 : 200 O. lOO :- ....................................................................... -~ o.o6- E 0.010 0 I ~1 2 3 3~ 4 5 SP767L SL1~120 mg PO~L NOTE: pH = 9.0,. = 0.005, T = 25°C ~ ~ ~ HARTMAN & ASSOCSATE$. ,NC. ~.~ -- -- Lead Solubility versus Phosphate ~ · m-~ · at Various Alkalinities RGURE ~ ~..~ ~c. c~... ..................... ,.o., ....... City of Boynton Beach West WTP V.-CONSENT AGENDA TTEM B.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOklvl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) ~-~ November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) ~ November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to multi-award Bid# 091-1412-03/CJD "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" on an overall basis to the lowest, most responsive, most responsible bidder who meets all Specifications with an annual expenditure of: $200,000.00. CONTRACT PERIOD: NOVEMBER 5, 2003 TO NOVEMBER 4, 2004 EXPLANATION: On September 16, 2003, Procurement Services received and opened six (6) proposals for the above mentioned bid. It is recommended to award this bid to multi vendors as overall "Low Bidders". In some cases lots were kept together. The evaluating factors used in determining the award were based on: price, brand name, vendor minimum Shipping. No consideration was given to A&B Pipe Company due to minimum delivery of $1,500.00. Dominic Demauro, Warehouse Manager, concurs with this recommendation (per memo attached). PROGRAM IMPACT: The purpose of this bid is to secure a source for the supply of brass fittings and accessories to be ordered on an "As-Needed" basis and stocked in the warehouse for the use of several departments. FISCAL IMPACT: INVENTORY ACCOUNT: ESTIMATED EXPENDITURE: e,~ ~.~t 502-000-141-000-00 ~ $200,000.00 ~ '-~ Deputy Director of Financial Services " ~2ity Manager s Signature ~ ,'~-'-,~ Procurement Services ~h'x~l~ to ~ Department Name City Attorney'/l~in~tnce / Human Resources' '~ S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Dominie DeMauro - Warehouse Manager File CITY OF BOYNTON BEACH MEMORANDUM O FINANCE ADMINISTRATION TO: Bill Atkins Deputy Finance Director FROM: Dominic DeMauro, Warehouse Manager ~ DATE: October 6, 2003 SUBJECT: BRASS FITTINGS AND ACCESSORIES #091-1412-03/cjd I have reviewed tabulation sheet from your office. I used the following factors in determining this award A) price B) brand name C) vendor minimum shipping. My recommendation is the bid be multi awarded to over all low venders. In some cases lots were kept together. No consideration was given to A&B pipe Due to minimum delivery of $1.500.00. Skip Milor approved samples. If you have any question please call me 6324. ADAPTOR Ferguson Underground 1,2,3,4,5,6,7,8,9 CORPORATION ADAPTORS Ferguson Underground 10,11 . BALL CORPORATION Ferguson Underground 12,13,14 Ball valves --comp x tip Ferguson Underground 15,16,17,18,19 BALL VALVES IPXIP Ferguson Underground ' 20,21,22,23,24,25,26 BRASS GATE VALVES Lehman Pipe 27,28 TAIL PIECES FOR YOKE / Ferguson Underground 29,30 EXPANSION NUTS Ferguson underground 31,32 Page two METER SPUDS Ferguson underground 33,34,35 BRASS CLEAN OUT CAPS Lehman pipe 36,37 BRASS NIPPLES Lehman pipe 38,39,40, 41,42,43,44,45,46,47,48,49,50 BRASS REDUCER Lehman pipe 51,52,53 BRASS BUSHING Matalloy Ind 54 Lehman Pipe 55,56,57,58,59 BRASS CAPS Lehman Pipe 60,61,62,63,64 BRASS COUPLINGS Lehman Pipe 65,66,67,68,69 BRASS ELLS 45 DEGREE Metalloy Ind 70 Lehman pipe 71,72,73 BRASS ELLS 90 DEGREE Lehman Pipe 74,~,77 Metalloy Ind 75,76 BRASS TEES Lehman Pipe 78,79,80,81 BRASS PLUGS I.P Lehman Pipe 82,83,84,85,86 BRASS PLUG CC THERD Metalloy Ind 87,88,89,90 FORD PACK JOINT Ferguson Underground 91,92 L COUPLING Ferguson underground 93,94,95,96 FLANGE PLATES Ferguson Underground 97,98 FLANGE PLATES COMP X FLANGE Ferguson Underground 99,100 UNION BRASS 3-PIECE Ferguson Underground 101,102,103,104 DRESSER Hughes Supply 105,106,107,108,109,110,111,112 CUSTOM SETTER Ferguson Underground 113,114 Page three RAISER FOR METER Ferguson Underground 115,116,117,118,119,120 FIRE HYDRANT SUPPLIES Hughes Supply 121,122 COPER Hughes Supply 123 In addition to over all low prices the following discounts are for items not listed on this bid. Ferguson Underground 40%-50% Lehman Pipe 86% **** OVERALL LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATI0~g.+.~t'~=~ Bill Atkins, Deputy Director of Financial Svces. ~-D~minic DeMauro~ Wa'rehouse Mgr. ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSOIRIES BID DUE DATE: SEPTEMBER II'offers from the vendors listed herein are the only offers received timely es of the abov BID DUE TIME: 5:00 P.M. receiving date and time. All other offers submitted in response to this solicitation, BID #091 -1412-03/CJD if any, are hereby rejected as late.' ' ~ ~ d z ',,,' Z -- >- n- d -~ - -- O z u~ ,,,, co u.I ~ n n I.- a3 co T h-- 0 -- z ~ Z o ~ < ~ O < rr T ~ _ VENDORS: " ~ m < Z ITEM QTY. WAREHOUSE # COMMODITY # 1 100 670-060-00003 ~1'~iP$3.80 $3.77 NO BID NO BID $3.80 2 100 670-060-00004 ~ 4~'$4.20 $4.10 NO BID NO BID $4.21 3 200 670-060-00005 ~ J~$4.50 $4.46 NO BID NO BID $4.51 4 100 670-060-00006 ~ )~$11.25 $11.19 NO BID NO BID $11.27 5 50 670-060-00007 ~ ~$16.40 $16.29 NO BID NO BID $16.44 6 50 670-060-00008 $3.96 $4.04 NO BID NO BID $4.00 7 25 670-060-00009 $4.63 $4.73 NO BID NO BID $4.72 8 50 670-060-00010 $5.66 $5.78 NO BID NO BID $7.26 9 100 670-060-00011 $7.25 $6.96 NO BID NO BID $7.01 10 100 670-060-00001 ~ '~$5.45 $4.04 NO BID NO BID $5.45 ;~$6 75 11 50 670-060-00002 . ~ ,6.62 NOBID NOBID $6.87 12 12 670-020-00001 ~ .$16.50 $16.06 NO BID NO BID $16.15 13 12 670-020-00002 $32.23 ~ $32,92 NO BID NO BID $33.07 ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: SEPTEMBER 1 {'Offers from the vendors listed herein am the only offers received timely as of the abov BID DUE TIME: 5:00 P.M. receiving date and time. All other offers submitted in response to this solicitation, BID #091-1412-03/CJD if any, am hereby rejected as late.' a. d Z v ~ z - >. n- d ~> - - 0 z o u'i a. >: - E: o n ,~ z ~ 2:> 0 z --J z <~ rr 32 ~ _ LM :~ W VENDORS: " '" ~ -- Z ITEM QTY. WAREHOUSE # COMMODITY # 14 6 670-020-00003 ~ $60.00 $51.79 NO BID NO BID $62.88 15 150 670-052-00008 ~ $15.00 $11.42 NO BID NO BID $15.45 16 500 670-052-00009 ~ $24.00 $23.28 NO BID NO BID $23.44 17 50 670-052-00010 $9.71 r~IIBBII $9.91 NO BID NO BID $9.56 19 50 670-052-00012 ~ ~$$21.00 $20.62 NO BID NO BID $20.67 20 100 670-052-00001 $9.36 $9.56 NO BID NO BID $9.06 21 50 670-052-00002 $14.03 $14.32 NO BID NO BID $8.56 22 100 670-052-00003 NO BID $23.94 NO BID NO BID $17.68 23 40 670-052-00004 $21.49 ~ ~ ~========= $21.95 NO BID NO BID $20.83 24 50 670-052-00005 $39.77 $40.61 NO BID NO BID 25 50 670-052-00006$57.91 I~ $59.12 NO BID NO BID $55.27 26 20 670-052-00007 $49.56 $5.00 $50.59 NO BID NO BID $5.36 ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: SEPTEMBER Il"offers from the vendors listed herein are the only offers received timely as of the abov BID DUE TIME: 5:00 P.M. receiving date and time. All other offers submitted in response to this solicitation, BID #091-1412-03/CJD if an)/, are he ~b~/reiected as late." >- ~ .~ 6 z ~' ~ z - -- O z ~ ~ ,,,' ~ n- ~ rr O z (/3 LU -- ~ ~' O LU a. >- ~ ~ <~ ~ O VENDORS: " ~ ~ < z ITEM QTY. WAREHOUSE # COMMODITY # 27 25 670-052-00015 NO BID $18.00 $24.57 [] NO.ID $18.42 28 25 670-052-00014 NO BID $30.00 $30.60 [] ~ NO BID $::>5.23 29 25 670.0~3-00001 $4.82 ~ $4.90 NO RID NO BID $2.41 30 25 670-063-00002 $7.94 $4.oo $8.10 No.~D No.~o ~ 31 5000 670.062-00001 $5.38 ~ $5.49 NO BID NO BID $5.08 32 2000 670-062-00002 $9.60 ~ $9.80 NO BID NO BID $8.54 33 500 670-061-O0001 $2.53 ~~ $2.58 NO BID NO BID $2.56 34 250 670-061-00002 $5.88 ~ ~ $6.00 NO BID NO BID $2,56 35 500 670-061-00003 $3.89 ~ $3.97 NO BID NO BID $3.94 36 15 670-002-00001NO BID $4.00 ~ $2.85 NO BID $3.37 37 15 670-002-00002 NO.,O $6.0o ~ $4.95NO.,D $5.18 38 50 670-004-00001 $5.67 $6.00 $6.68 $5.24 $5.80 39 50 670-004,00002 $0.74 $0.80 $0.76 $0.65 ~ $0.74 ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: SEPTEMBER 1 t"Offers from the vendors listed herein are the only offers received timely as of the abov BID DUE TIME: 5:00 P.M. receiving date and time. All other offers submitted in response to this solicitation, BID #091-1412-03/CJD ~ny, are herebl/reiected as late.' a. ~ z -J O z o ~ "~ ~ n- ~ n- O o3 LU n o3 Z 03 h- O w n ~ :;) ~'~ Z ~ Z (~ ~ <~ <~ O VENDORS: " ITEM CITY, WAREHOUSE # COMMODITY # 40 50 670-004-00003 $1.28 $1.35 $1.32 $1.14 ~ $1.31 41 50 670-004-00004 $1.88 $1.90 $1.92 $1.66 IIII $1.92 42 50 6?0-004-00005 $1.06 $1.10 $1.09 ~$0.94 $0.74 43 50 670-004-00006 $1.86 $1.99 $1.91 ~1.65 ~ $1.86 44 50 870-004-00007 $2.75 $2.80 $2.81 $2.43 ~ $2,75 45 50 670-004-00008 $1.82 $1.90 $1.87 ~t~$1 .61 II $1.87 46 50 670-004-00009 $3.27 $3.45 $3.34 ;~i~:$2.89 ~ $3.42 47 50 670-004-00010 $4.84 $5.15 $4.95 ~F$4.27 ~ $5.06 48 50 670-004-00011 $2.58 $2.75 $2.63 $2.28 IIIIIi $2.69 49 50 670-004-00012 $4.21 $4.50 $4.30 $3.72 II $4.40 50 50 670-004-00013 $6,22 $6.50 $6.36 $5.50~ $6,38 51 30 670-006-00001$3.42 $3.45 $3.50 $3.:34 52 30 670-006-00002 $8.68 $8.75 $8.88 $7.69 $8.57 53 30 670-008-00003 $14.07 $14.25 $14.39 ~ $12.45 $13.85 ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: SEPTEMBER 11 "Offers from the vendors listed herein are the only offers received timely as of the abov BID DUE TIME: 5:00 P.M. receiving date and time. All other offers submitted in response to this solicitation, BID #091-1412-03/CJD an,/, are hereby reiected as late." a. ~ z z o ~' ~ ~' ~ o n ~ ~ Z Z ~ Lu -- ~- O u~ ~ ~ ~3 ~J z -J Z ~ ~ <~ ~ O VENDORS: " ~, ~ z< ITEM QTY. WAREHOUSE # COMMODITY # -- ~_~ _ ~~ ~~~ -~ 54 100 670-012-00001 $1.84 $1.85 $1.89 $1.62 ~ $1.87 55 20 670-012-00002 $3.14 $3.15 $3.22 $2.79 $3.18 56 50 670-012-00003 $4.47 $4.50 $4.58 i~ $3.95 $4.52 57 25 670-012-00004 $5.52 $5.17 $5.65 ~ $4.90 $5.52 58 50 670-012-00005 $5.52 $5.55 $5.65 ii $4.90 $5.52 59 100 670-012-00006 $5.52 $5.50 $5.65 $4.90 $5.52 60 12 670-002-00003 $1.31 $1.25 $1.34 Ii ~ $1.25 $1.32 61 12 670-002-00004 $2.38 $2.25 $2.43 ! ~11 $2.15 $2.38 62 10 670-002-00005 $4,20 $3.95 $4.30 II~ $3.75 $4.21 63 12 670-002-00006 $5.52 $5.20 $5.66 ~ $4.90 $5.52 64 12 670-002-00007 $9.46 $9.50 $9.68 ~ $8.40 $9.47 65 50 670-005-00001 $1.85 $1.90 $1.89 ! ~1 $1.64 $1.85 66 50 670-005-00002 $3.15 $3.00 $3.22 I/ ~ $2.80 $3.04 ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: SEPTEMBER 11 'Offers from the vendors listed herein are the only offers received timely as of the abov BID DUE TIME: 5:00 P.M. receiving date and time. All other offers submitted in response to this solicitation, BID #091-1412-03/CJD if any, are hereby rejected as late." a. d z -~ O z ~ ~ ,~' a_ >: E- O n O LU a_ >- ~ ::) (5 z -~ Z (5 ~ <~ <~ O VENDORS: u_ Z ITEM QTY, WAREHOUSE # COMMODITY # 67 50 670-005-00003 $5.26 $5.50 $5.38 ~ $4.67 $5.09 68 100 670-005-00004 $6.84 $6.90 $7.00 III ~ $6.05 $6.62 69 50 670-005-00005 $11.31 $11.45 $11.57 B ~ll $10.00 $10.96 70 25 670-001-00001$2.74 $2.65 $2.81 $2.41 ~ $2.65 71 25 670-001-00002 $4.68 $4.50 $4.79 i ~ $4.15 $4.54 72 50 670-001-00003 $9.36 $9.00 $9.58 ~ ~ $8.30 $9.06 73 50 670-001-00004 $15.14 $15.00 $15.49 ~ $13.40 $14.66 74 20 670-001-00005 $2.10 $2.10 $2.16 ! ~ $1.87 $2.10 75 20 ~?0-001-00006 $3.42 $3.45 $3.50 "!'1' $3.41 76 20 670-001-00007 $6.84 $6.75 $7.00~PJ~6.05 $6.76 77 20 670-001-00008 $11.04 $11.20 $11.29 ~ $9.80 $10.91 78 20 670-013-00001 $2.62 $2.65 $2.69 $2.62 79 20 670-013-00002 $4.73 $4.75 $4.85 !/ $4.20 $4.74 80 20 670-013-00003 $9.21 $9.25 $9.41 ~ $8.15 $9.21 81 20 670-013-00004 $15.56 $15.45 $15.61 $13.55 $15.26 ANNUAL SUPPLY OF BRASS FIT'rINGS AND ACCESSORIES BID DUE DATE: SEPTEMBER l~"offers from the vendors listed herein are the only offers received timely as of the abov BID DUE TIME: 5:00 P.M. receiving date and time. All other offers submitted in response to this solicitation, BID #091-1412-03/CJD any, am hereby/reiected as late." a_ d z O z o u~ ,,~ ~ n- ~ ~: O ~. ~- z ~ w - ~ :~ f'~ z --~ Z ~ ~ '~ '~ O VENDORS: ~- IT£M QTY. ~AR£HOUSE # COMMODITY' # 82 25 670-015-00001 $1.31 $1.50 $1.34 I~ ! $1.17 $1.27 83 25 670-015-00002 $2.10 $2.25 $2.16 ~ $1.87 $2.03 - 84 25 670-015-00003 $2.05 $3.50 $3.01 $2.62 $2.85 85 25 670-015-00004 $3.68 $4.70 $3.77 i $3.27 $3.56 86 25 670-015-00005 $6.04 $8.00 $6.18 ~ $5.37 $5.85 87 20 670-015-00006 NO BID $2.50 $3.81 NO BID $2.60 ,.J-- 88 20 670-015-00007 NO BID $3.60 $4.02 NO BID / $3.74 89 20 670-015-00008 NO BID $5.75 $6.49 NO BID $6.61 90 20 670-015-00009 NO BID $8.75 $8.41 NO BID i $9.30 . 93 10 670-009-00001 NoB,r, ii~ NOB,D NO~,D NO~ $6.22 94 10 670-009-00002 NO BID ~ NO BID NO BID NO BID $9.14 95 10 670-009-00003 $19.66 ~ $20.07 NO BID NO BID $19.04 ANNUAL SUPPLY OF BRASS Frn'INGS AND ACCESSORIES BID DUE DATE: SEPTEMBER 1~ "Offers from the vendors listed herein are the only offers received timely as of the abov BID DUE TIME: 5:00 P.M. receiving date and time. All other offers submitted in response to this solicitation, BID #091-1412-03/CJD any, are hereby rejected as late." -~ d a_ ~ z -J O z o o~ ,~, n >-' - 0 n ~ ~ ~ z -J z (9 ~ < ~< 0 VENDORS: u_ ITEM QTY, WAREHOUSE # COMMODITY # 96 10 670-009-00004 $28.18 I~ ~ $28,77 NO BID NO BID $27.28 97 12 670-053-00001 NO BID ~ NO BID NO BID NO BID $10.40 98 12 670-053-00002 NO BID I1~ NO BID NO BID NO BID $13.58 99 12 670-053-00003NO BID ~ NO BID NO BID NO BID $43.74 100 12 670-053-00004 NOBID /~ NOBID NOBID NOBID $74.09 101 100 670-010-00001 $4.51 $4.60 NO BID NO BID $4.63 102 200 670-010-00002 ~ ;~$5.50 $5.02 NO BID NO BID $5.31 103 20 670-010-00003$15.74 i~ $16.07 NO BID NO BID $16.21 104 20 670-010-00004 $21.26 i $21.70 NO BID NO BID $21.88 105 20 670-058-00001~ $25.00 $17.87 NO BID NO BID $20.65 106 20 670-058-00002 ~ $9.00 $6.82 NO BID NO BID $8.50 107 20 670-058-00003 ..~ $7.00 $5.15 NO BID NO BID $5.65 ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: SEPTEMBER 1 ("Offers from the vendors listed herein are the only offers received timely as of the abov BID D U E TI U E: 5:00 P.U. receiving date and time. All other offers submitted in response to this solicitation, BID #091-1412-03/CJD if any, are hereby reiected as late.' a. ~ z -J O z a. >-' ~ o - z n O UJ a. >.- ~ :::) (.9 Z -J Z ~ ~ '~ '~ O VENDORS: u- ITEM QTY. WAREHOUSE # COMMODITY # 108 20 670-058-00004 ~ $9.00 $7.25 NO BID NO BID $9.55 109 20 670-058-00005 ~ $7.90 $5.88 NO BID NO BID $7.59 110 20 670-058-00008 ~ $12.00 $9.57 NO BID NO BID $13.61 1 il 20 670-058-00009 ~ $11.00 $8.34 NO BID NO BID $10.78 112 20 670-058-00010 ~ $13.00 $9.93 NO BID NO BID $12.40 113 10 670-054-00001 ~ $265.00 $253.52 NOBID NOBID $255.12 114 10 670-054-00002 ~ ~300.00 $283.09 NOBID NOBID $286.65 115 20 670-061-00004 $24.38 ~'~ $24.89 NO BID NO BID $23.56 116 20 670-061-00005 $26.41 II ~ $26.97 NO BID NO BID $24.66 117 2O 670-061-00006 $27.66 '[~$27.00 $28.24 NO BID NO BID 118 20 670-061-00007 $47.39 ~ $48.38 NO BID NO BID $45.99 119 20 670-061-00008 $49.04 ~ $50.12 NO BID NO BID $47.08 120 20 670-061-00009 ~ ;~$54.00 $54.08 NO BID NO BID $56.20 121 20 670-055-°°°02 No B~D $17.00 ! ~ NO B,D NO B,D $17.25 122 20 670-055-00003 NO B~D I' $19.00 '~ NO B~D NO B~D$19.00 ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: SEPTEMBER 1 {'Offers from the vendors listed herein are the only offers received timely as of the abov BID DUE TIME: 5:00 P.M. receiving date and time. All other offers submitted in response to this solicitation, BID #091-1412-03/CJD if any, are he .~b¥ reiected as late.' -~ d a. ~ z ~' Z -- -~ 0 z o ~ '~' I:L 0 LU n ~- ~ ::~ ~ z -~ Z ~ ~ ~ ~ O VENDORS: " ~, ~ z~ ITEM QTY. WAREHOUSE # COMMODITY # 123 10 670-017-00001 $99.00 $130.00 $92.51 $89.70 NO BID ~ MINIMUM ORDER SPECIFIED $1,500.00 $50.00 NONE NONE SPECIFICATION CHECK OFF YES YES YES YES YES YES SHEETS SUBMITTED DISCOUNT OFF LIST PRICE 52% ~50% N/A .~95°/o NO 20%-50% 0 ~8~i ~'~ o 131 o ~ ~ 8 ~ m ~ ~ z _ ~ o > 0 o 0 o o , o o o o ~ ~ . z z z z z ~ ~ 0 0 0 0 I~ x ~ z z z I~°~ o o o ~ ,~-e ? BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: AUGUST 20, 2003 Bid Title: ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES Bid Number: g091-1412-03/CJD Bid Received By: SEPTEMBER 16, 2003, NO LATER THAN 5:00 P.M. (LOCAL Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: SEPTEMBER 16, 2003, no later than 5:00 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. ~ Name of Vendor: Lehman Pipe & Plumbinq Supply Federal ED. Nmber: ~q-0576 ! 83 A Corporation of the State of: ~l ~r~ da Area Code: 888 Telephone Number: 576-3054 Area Code: 877 FAX Number: 576-3066 Mailing Address: 230 N.W. 29th Street City/State/Zip: Miami, Fl. 33127 Autho~ri~Signa~u~ ~ - Leo Taylor Name Typed THIS PAGE TO BE SUBMITTED ALONG VFITH PROPOSAL 14 ~ ~ m m ° o-~o~o~ °''° ~ m ° m Flat-Top Valves Compact pattern non-rising stem gate valve designed to fit in tight spaces Handle Aluminum Handle Screw Stainless Steel ~ _.---~ Bonnet Cast Copper-based Alloy (C84400) ~~'~ Stem Seal Rubber EPDM "0~ Ring~'- ~ I Stem Copper ASTM B-99, Alloy C65100~~t Wedge Cast Copper-based Alloy (C84400) - Body Cast Copper-based Alloy (C84400) ~ Fiat-Top®'Soider End (cup)' S-29 1/2 .42 - 2½ ~A~ - , 3/4 .65 2~A 1 1.11 3~As 1 ~A~ 1 1/4 1.38 3"A~ 1 'A - - 1 1/2 1.98 - 4~A~ 1 '~A~ - - 2 &22 - 4~ 1 ~As - For water service ONLY Flat~o .~i~ p®Th ded (,e) T-29 1/2 .48 1"As 2Y2 - ~-~ '~ ~ 2~ - ~ ~ 2~ 3~ - - 1 1/4 1.54 2~ 3'~ - 1 1~ 2.12 2% 4~ - - 2 3.29 2~ 4~ - For water se~ice ONLY NIBCO INC. World Headquarters · 1516 Middlebury St. · Elkhart, IN 465164714 U.S.A. · www. nibco, com oo~ o~ooo ~o~ ~o~oo ooo ~ ~ . ~ · ~ · xxx~ x~x 0 o 66661 I 666661 I 66o661:~J 0 oOOOl I mmmm~/ I Z 0 0 0 00I I 0 0 0 00I 8o8ool I 888881 0 m :: :: ' Z m ooo~ o o Bid Specifications Continued SPECIFICATIONS FOR BRASS FITTINGS AND ACCESSORIES ALL PROPOSALS MUST BE TYPEWRITTEN SCOPE OF WORK: The purpose of this bid is to secure prices for a period of one (1) year for the purchase of stocked warehouse supplies, which in turn will provide availability for the various using department of the City, as needed, to complete tasks, make repairs and provide services to the community. Specification and Proposal Check-Off Sheets (pages 3 AND 4, 15-21) provided with the bid must be filled out and returned with the Proposal Sheets in order for the Bid to be considered. Please (X) if specification is met. If exception is taken, bidder must explain (use a separate sheet if necessary). For yom' own records it is suggested that you make and keep a copy of the Speeificafious and Proposal Sheets. A) All Bid prices are F.O.B. Boynton Beach, Warehouse, 222 N.E. 9TM Avenue, Boynton Beach, Florida. B) Bidd ;r must guarantee all prices for one (1) year fxom date of award. ~( C) Bidder must specify if there is minimum order. If what that a quantity per SO, minimum is: $50.00 D) All brass fittings and accessories listed in the proposal form must be of domestic manufacturer and meet all criteria set forth by the A.W.W.A., A.S.T.M. and the trade industry. PLEASE NOTE: ONLY ITEMS WHICH ARE MANUFACTURED IN THE U.S.A. WILL BE CONSIDERED. SHIPMENTS RECEIVED THAT ARE NOT MANUFACTURED IN THE U.S.A. WILL BE REFUSED. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 Bid Specifications Continued E) Bidder must state the manufacturer and model numbers of all items and accessories specified in this proposal. F) Bidder must be able to guarantee all deliveries, within the duration of the bid, 30 days from date of the order being placed. Back orders exceeding the 30 daY period are subject to cancellation. G) All quantities indicated in the pmp°sal represent approximate needs for the one (1) year period. There is no guarantee made or implied that the City will make such purchases. Iq) Annual estimated expenditure for the estimated quantities of the supply of Brass Fittings and Accessories is $ 200~000.00. 1) Award is anticipated on a lot by lot basis; however, item by item offers will be considered. J) For items not listed/covered, a percentage discount off of list price to be extended City-Wide to all using depa~iments: Brass Ft~ls - 86% DISCOUNT OFF OF LIST PRICE K) The percent discount applies to the Commodity Bid- BRASS FITTINGS AND ACCESSORIES. Brass Fittings and Accessories in this instance encoml?sses any and ali similar and like items as individually listed. NOTE: CHECK AND INITIAL Tills LINE ITEM L) All proposal prices MUST BE TYPEWRITTEN to prevent confusion of the unit price entry. IF THE PROPOSAL SHEETS ARE NOT TYPEWRITTEN, Ti~E BID WILL BE REJECTED. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein 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 rum or by an officer of the corporation. NAME - SIGNATt~E Sworn and subscribed before me this 2nd dayof September ,20 03 Printed Information: NAME TITLE NOTARY PUBLIC, State o-f Fiorid(( atLarge Lehman Pipe & Plumbinq Supply, Inc. COMPANY ~ PATRIC1AL~ "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 22 FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for furore use and information. Please fdl 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. ( ) AM~mC~ n~DIA~ ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) VOMEN OTHER Wt~ite American (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO ~ ffYES, 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 23 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 service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-fi-ee workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a d[ug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy or, the statement specified in subsection (1). 4) In'the statement specified in subsection (1), notify the employee that, as a condition of worlcing 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 five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drag-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. ~4,~ ~(~/.tk~ Vendor's Signaq~re'~ Tills PAGE TO B~. SUBMITTE~ ~LONG WITit PROPOSA~ IN ORDER FOR PICI~GE TO BE CON8IDERED COMPLETE ~ ACCEPTABLE 24 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid /~091-1412-03/CJD for ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) 25 IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO THE PURCHASING DEPARTMENT BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: AUGUST 20, 2003 Bid Title: ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES Bid Number: #091-1412-03/CJD Bid Received By: SEPTEMBER 16, 2003, NO LATER THAN 5:00 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: SEPTEMBER 16, 2003, no later than 5:00 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a re ;ult of this bid shall conform to applicable sections of the charter and codes &the City. Name of Vendor: Ferguson Waterworks Federal I.D. Number: 54-1211771 A Corporation of the State of: Virginia Area Code: (954) Telephone Number: 973-8100 Area Code: (954) FAX Number: 960-0095 Mailing Address: 2361 N.w. 22nd. street City/State/Zip: Pompano Beach, FL. 33069 Vendor Mailing Date: 9/15/2003 Jason Mueller Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 o o o o o o ~ o o o o o o o o ~ w ~ ~ o oo o o o o o o o o o o ooo o ~ o o o o ~ o o o o o o o ~ & ~ z o~ o o o o o o o oo o o o ooo 0 0 ~ ~ ~ o ~ w oooxoo ~ ~ o ~ xoO~Oxxo ~~ ~ o ~ F~ ? ~ ~o× = oooo ~ ~ § Z ~ ~ ~ o ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 ~ ~ 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ o~ ooooooo o~ oo oo 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ o o o o o o o ~ o ~ o o o o o o Z ~ z w ~ ~ ~ 0 Z ~ ~ > > ~ < o g< ~oo~ ~ ~ ~- ~z< ~ ~ ~ooh~o ~ ~ ~ ~ ~ 0 0 0 0 0 ~ ~ ~ ~ 0 0 Z ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ 0 z ~ ~ z z 0 x x ~ x x x x h ~ ~ ~ ~ ~ - SPECIFICATIONS FOR BRASS FITTINGS AND ACCESSORIES ALL PROPOSALS MUST BE TYPEWRITTEN SCOPE OF WORK: The purpose of this bid is to secure prices for a period of one (1) year for the purchase of stocked warehouse supplies, which in turn will provide availability for the various using department of the City, as needed, to complete tasks, make repairs and provide services to the community. Specification and Proposal Check-Off Sheets (pages 3 AND 4, 15-21) provided with the bid must be filled out and returned with the Proposal Sheets in order for the Bid to be considered. Please (X) if specification is met. If exception is taken, bidder must explain (use a separate sheet if necessary). For your own records it is suggested that you make and keep a copy of the Specifications and Proposal Sheets. x A) All Bid prices are F.O.B. Boynton Beach, Warehouse, 222 N.E. 9TM Avenue, Boynton Beach, Florida. x B) Bidder must guarantee all prices for one (1) year from date of award. C) Bidder must specify if there is a minimum quantity per order. If so, what that minimum is: $0. O0 x D) All brass fittings and accessories listed in the proposal form must be of domestic manufacturer and meet all criteria set forth by the A.W.W.A., A.S.T.M. and the trade industry. PLEASE NOTE: ONLY ITEMS WHICH ARE MANUFACTURED IN THE U.S.A. WILL BE CONSIDERED. SHIPMENTS RECEIVED THAT ARE NOT MANUFACTURED IN THE U.S.A. WILL BE REFUSED. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE x E) Bidder must state the manufacturer and model numbers of all items and accessories specified in this proposal. x F) Bidder must be able to guarantee all deliveries, within the duration of the bid, 30 days from date of the order being placed. Back orders exceeding the 30 day period are subject to cancellation. x G) All quantities indicated in the propOsal represent approximate needs for the one (1) year period. There is no guarantee made or implied that the City will make such purchases. x H) Annual estimated expenditure for the estimated quantifies of the supply of Brass Fittings and Accessories is $ 200~000.00. x I) Award is anticipated on a lot by lot basis; however, item by item offers will be considered. x J) For items not listed/covered, a percentage discount off' of list price to be extended City-Wide to all using departments: $ 40% off Ford & 50% off Merit ~msss DISCOUNT OFF OF LIST PRICE x K) The percent discount applies to the Commodity Bid- BRASS FITTINGS AND ACCESSORIES. Brass Fittings and Accessories in this instance encompasses any and all similar and like items as individually listed. NOTE: CHECK AND INITIAl, THIS LINE ITEM x L) All proposal prices MUST BE TYPEWRITTEN to prevent confusion of the unit price entry. IF THE PROPOSAL SHEETS ARE NOT TYPEWRITTEN, THE BID WILL BE REJECTED. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my firm or by an officer of the corporation. Swom and subscribed before me this 15 dayof September ,20 03 Printed Information: Jason Mueller NAME Municipal Sales rep. TITLE T/~R~ PmLtC, Stat;of Florida at L~ Ferguson ~ace~orks CO~~ =*." :~- MY COMMISSION # DO170618 I~ "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 22 FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 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. Remm this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) ~/OMEN (x) OTHER Ferguson is not a minority owned bugine~g. Ferguson is a corporation. (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business . YES NO x If YES, name the Organization fi.om which this certification was obtained and date: Issuing Organization for Certification n/a Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 23 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 service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-flee workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: l) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees ~out the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (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 five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any 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. 's ignature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 BIDDER ACKNOWLEDGEMENT · Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: AUGUST 20, 2003 Bid Title: ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES Bid Number: #091-1412-03/CJD Bid Received By: SEPTEMBER 16, 2003, NO LATER THAN 5:00 P.M. (LOCAL T/ME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: SEPTEMBER 16, 2003, no later than 5:00 P.M. (local time) and may not be withdrawn withinninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Mot.al 1 ny Yndu~qtrlo~. ThC, Federal I.D. Number: 5 9- 2 0 6 0 3 5 8 A Corporation of the State of: Flcrida Area Code: 386 Telephone Number: 418 - 1088 Area Code: 386 FAX Number: 418-1288 Mailing Address: p. c~. Rox 11 so City/State/Zip: Alachua, FL. 32616 Vendor Mailing Date: 08/2_2/nq /' -' Authorized Signatuy/ Glenn B 1 umb~.~ri~' Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 0 ~ O 0 0 0 0 0 >~ ~ F ~ ~x~x_x~ ~et~ -~ ~x o> ~>~ ~ ~ ~ ~ 0 0 0 · o m o ~ o ' ' 9 9 9 9 9 9 9 9 ~ 9 9 9 9 9 9 9 9 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 6 6 o o o o o o o 0 0 0 0 0 0 ooo 8~ oooooo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ o o o o o o o ~ ~ o o o o o o o o ~ x= ~ ~ ~ Z -- ~ ~ 0~ m ~ m ~ ~ ~ m~ m ~ ~ × m m o ~ oo oo ooooooo ~ 8 oo oo oooooo8 m o o o o o o o o o o m ~ ~ o o ~ o o o o o o ~ o ° 0 m m °888 88888 oooo oo ~ o ~ ~ ooo 6666 6'6 .... 0 §008 88888 888 ooooo ooo 882 88888 80 ooooo ooo 00000 000 ~ Z Z Z 0006 ooooi 006 ooo 8888 oooo~ oo ooo ooo 8888 oooo~ 008 0 0 0 ~~<< 66666 SPECIFICATIONS FOR BRASS FITTINGS AND ACCESSORIES ALL PROPOSALS MUST BE TYPEWRITTEN SCOPE OF WORK: The purpose of this bid is to secure prices for a period of one (1) year for the purchase of stocked warehouse supplies, which in turn will provide availability for the various using department of the City, as needed, to complete tasks, make repairs and provide services to the community. Specification and Proposal Check-Off Sheets (pages 3 AND 4, 15-21) provided with the bid must be filled out and returned with the Proposal Sheets in order for the Bid to be considered. Please (X) if specification is met. If exception is taken, bidder must explain (use a separate sheet if necessary). For your own records it is suggested that you make and keep a copy of the Specifications and Proposal Sheets. A) All Bid prices are F.O.B. Boynton Beach, Warehouse, 222 N.E. 9TM Avenue, Boynton Beach, Florida. B) Bidder must guarantee all prices for one (1) year from date of award. C) Bidder must specify if there is a minimum quantity per order. If so, what that minimum is: D) All brass fittings and accessories listed in the proposal form must be of domestic manufacturer and meet all criteria set forth by the A.W.W.A., A.S.T.M. and the trade industry. PLEASE NOTE: ONLY ITEMS WHICH ARE MANUFACTURED IN THE U.S.A. WILL BE CONSIDERED. SHIPMENTS RECEIVED THAT ARE NOT MANUFACTURED IN THE U.S,A. WILL BE REFUSED. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 B~a 5pec~l~cat~ons L'ontmuea E) Bidder must state the manufacturer and model numbers of all items and accessories specified in this proposal. F) Bidder must be able to guarantee all deliveries, within the duration of the bid, 30 days from date of the order being placed. Back orders exceeding the 30 day period are subject to cancellation. G) All quantities indicated in the proposal represent approximate needs for the one (1) year period. There is no guarantee made or implied that the City will make such purchases. H) Annual estimated expenditure for the estimated quantities of the supply of Brass Fittings and Accessories is :~ 200~000.00. I) Award is anticipated on a lot by lot basis; however, item by item offers will be considered. J) For items not listed/covered, a percentage discount off of list price to be extended City-Wide to all using departments: $. % DISCOUNT OFF OF LIST PRICE K) The percent discount aPplies to the Commodity Bid- BRASS FITTINGS AND ACCESSORIES. Brass Fittings and Accessories in this instance encompasses any and all similar and like items as individually listed. NOTE: CHECK AND INITIAL THIS LINE ITEM L) All proposal prices MUST BE TYPEWRITTEN to prevent confusion of the unit price entry. IF THE PROPOSAL SHEETS ARE NOT TYPEWRITTEN, THE BID WILL BE REJECTED. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein 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 co.rporation. By: -~AME - SI Sworn and subscribed before me this '~D ^~ day of,t4ha ~ 5'~ ,20 Printed Information: NAME TITLE NOTARY PUBL~of Florida .. ~*~ . ~:/_~V/f). atLarge [V/~'/~ ~.,~.0~/.~ ~1~/ COMPANY ExpJre~ November 29, 2004 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 22 FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 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. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) ~WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 23 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 service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employe ? 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 five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any 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 compiles f/tilly with the above requirements. / Vendor, s{~bt, nature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: AUGUST 20, 2003 Bid Title: ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES Bid Number: #091-1412-03/CJD Bid Received By: SEPTEMBER 16, 2003, NO LATER THAN 5:00 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: SEPTEMBER 16, 2003, no later than 5:00 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Hughes Supply, Inc. Federal I.D. Number: 59-05591446 A Corporation of the State of: Florida Area Code: 561 Telephone Number: 863-5600 Area Code: 561 FAX Number: 845-6120 Mailing Address: 1751 L Avenue City/State/Zip: Riviera Beach, FL 33419 Vendor Mailing Date: September 15, 2003 Authorized Signature Susan Helms Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 ~ ~§§ ° oo o ~ ~ § ° o - ~ ~ °° ~ ~ o X X X ~ 8~ 8 ~ ~ ~o~ ooooo ooooo oooo ~ ~ 0 m z ~1~1 0 000 000000~ 0 i oo ooo ooooooo o - ~ oo ooo ~ooo~ o ° 0 ~ 8b8 xx~bb~ ~ Z Bid Specifications Continued SPECIFICATIONS FOR BRASS FITTINGS AND ACCESSORIES ALL PROPOSALS MUST BE TYPEWRITTEN SCOPE OF WORK: The purpose of this bid is to secure prices for a period of one (1) year for the purchase of stocked warehouse supplies, which in turn will provide availability for the various using department of the City, as needed, to complete tasks, make repairs and provide services to the community. Specification and Proposal Check-Off Sheets (pages 3 AND 4, 15-21) provided with the bid must be filled out and returned with the Proposal Sheets in order for the Bid to be considered. Please (X) if specification is met. If exception is taken, bidder must explain (use a separate sheet if necessary). For your own records it is suggested that you make and keep a copy of the Specifications and Proposal Sheets. A) All Bid prices are F.O.B. Boynton Beach, Warehouse, 222 N.E. 9TM Avenue, Boynton Beach, Florida. B) Bidder must guarantee all prices for one (1) year from date of award. C) Bidder must specify if there is a minimum quantity per order. If so, what that minimum is: D) All brass fittings and accessories listed in the proposal form must be of domestic manufacturer and meet all criteria set forth by the A.W.W.A., A.S.T.M. and the trade industry. PLEASE NOTE: ONLY ITEMS WHICH ARE MANUFACTURED IN THE U.S.A. WILL BE CONSIDERED. SHH~MENTS RECEIVED THAT ARE NOT MANUFACTURED IN THE U.S.A. WILL BE REFUSED. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 Bid Specifications Continued v'/ E) Bidder must state the manufacturer and model numbers of all items and accessories specified in this proposal. F) Bidder must be able to guarantee all deliveries, within the duration of the bid, 30 days from date of the order being placed. Back orders exceeding the 30 day period are subject to cancellation. G) All quantities indicated in the proposal represent approximate needs for the one (1) year period. There is no guarantee made or implied that the City will make such purchases. H)Annual estimated expenditure for the estimated quantities of the supply of Brass Fittings and Accessories is $ 200,000.00.- x/'/I) Award is anticipated on a lot by lot basis; however, item by item offers will be considered. J) For items not listed/covered, a percentage discount off of list price to be extended City-Wide to all using departments: DISCOUNT OFF OF LIST PRICE K) The percent discount applies to the Commodity Bid- BRASS FITTINGS AND ACCESSORIES. Brass Firings and Accessories in this instance encompasses any and all similar and like items as individually listed. NOTE: CHECK AND INITIAL THIS LINE ITEM L) All proposal prices MUST BE TYPEWRITTEN to prevent confusion of the unit price entry. IF THE PROPOSAL SHEETS ARE NOT TYPEWRITTEN, THE BID WILL BE REJECTED. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my firm or by an officer of the corporation. Sworn and subscribed before me this 15 dayof September ,20 03 Printed Information: Susan Helms NAME Municipal Bid Coordinator TITLE NOTARY PUBLIC, State of Florida atLarge Hughes Supply, Inc. COMPANY ~,' {~} x~*~._~... MYC0bIbelSlON~ CC'1992gt ~L~ February S, 2g~5 · .,..,,o 80,"IOED IH~u II~l' FAIN INSUItANG~ INC. "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 22 FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 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. ( ) AMEmCAN tNDtAN ( ) AStAN ( ) BLACK ( ) HISPANIC ( ) 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 WITH PROPOSAL 23 CONFIRMATION OF DRUG-FREE WORKPLACE DENTICAL TI]~ BDS 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 service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drag abuse in the workplace, the business's policy of maintaining a drag-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (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 five (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 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 5.4 3/4"- 2" MUELLER®300TM BALL CORPORATION ,VALVES Rev. 4-01 MUELLER® 300TM Ball MUELLER® 300TM Ball Corporation Valve Corporation Valve Inlet: AWWA taper Inlet: AW'WA I.P. thread (MUELLER "CC") thread Outlet: MUELLER® 110® Outlet: MUELLER® 110® Conductive Compression Conductive Compression Connection for CTS O.D. B-25008 Connection for CTS O.D* tubing B-25028 robing MUELLER 300 Ball MUELLER 300 Ball Corporation Valve Corporation Valve Inlet: AWWA taper Inlet: AWWA I.P. thread (MUELLER "CC") thread Outlet: MUELLER 110® Outlet: MUELLER ® 110 ® Compression Connection B~25009 Compression Connection for B-25029 for IPS PE* pipe IPS PE* pipe MUELLER 300 Ball Corporation Valve MUELLER 300 Ball Inlet: AWWA taper Corporation Valve (MUELLER "CC") thread Inlet: AWWA I.P thread Outlet: MUELLER Pack Joint Outlet: MUELLER for IPS PE** pipe Pack Joint for IPS PE** pipe E-25009 **Note: 3/4" size only may also be used on PVC E-25029 **Note: 3/4" size only may also be used on PVC [314"** I1" I 1-1/2" 12" ] 13/4"** [1" 11-1/2" MUELLER 300 Ball MUELLER 300 Ball Corporation Valve Corporation Valve Inlet: AWWA taper Inlet: AWWA I.P thread (MUELLER "CC") thread Outlet: MUELLER Outlet: MUELLER Pack Joint Pack Joint for IPS PVC pipe V-25056 for IPS PVC pipe V-25058 MUELLER 300 Ball MUELLER 300 Bali Corporation Valve Corporation Valve Inlet: AWWA taper 0VIUELLER Inlet: AWWA I.P. thread "CC") thread Outlet: MUELLER Pack Joint Outlet: MUELLER Pack Joint Connection for CTS O.D.* P-25008 Connection for CTS O.D. * tubing P-25028 robing · Sec charts on pages 5.10-5.13 for tubing and pipe Ihat may be t~e~d with the~e connections. NOTE: Sizes shown above represent nominal size of inlet and onflet connections. When tw6 sizes are given, the first is size of inlet and the second is size of outlet. MUELLER Corporation ~Jal~es are manutactured and tested in accordance with ANSI/AWWA C800. 6.13 1(Muelle, Co.J SERVICE FITTINGS WITH · MUELLER® PACK JOINT CONNECTION Rev. 4-01 Straight couPling O ~ MUELLERQuarter bendpackCOUplingjoint ' MUELLER Pack Joint Connection for CTS O.D.* Connection for CTS O.D.* ml tubing x swivel nut with tubing x female copper female copper thread P-15071 flare thread P-15076 Eighth bend coupling Straight three part union O MUELLER Pack Joint MUELLER Pack Joint Connection for CTS Connection for CTS O.D. O.D.* tubing x swivel nut tubing x 110 Compression with female copper thread P-15409 Connection for IPS PE* P-15075 pipe O Quarter bend coupling MUELLER Pack Joint Connection for CTS O.D.* tubing x female copper flare thread P-15067 *See chart on page 6.14 for tubing and pipe that may be used with these connections. NOTE: Sizes shown above represent nominal size of fitting. When two size$ ave given, flint is size of MI. IEI .I ~R Pack Joint Connection and second is size of threaded end. MUELLER Service Fittings are manufactured and tested in accordance with ANSI/AWWA C800 LOCKWING BALL METER VALVE with METER FLANGE x LOCKWING BALL METER VALVE with METER FLANGE ELEVATED BY-PASS SERVICE LINE HORIZONTAL INLET & OUTLET: CnTALOa 1 1/2" 2" B-2423-99000 12 621.30 700.31 B-2423-99000 15 624.95 705.80 B-2423-99000 18 632.23 716.71 B -2423-99000 21 637.70 725.10 B-2423-99000 24 643.17 733.09 B-2423-99000 27 648.64 741.30 LOCKWING METER VALVE with METER FLANGE x LOCKWlNG METER VALVE with METER FLANGE CHECK VALVE on outlet side of meter, underneath METER VALVE, and ELEVATED BY-PASS SERVICE LINE HORIZONTAL INLET & OUTLET: FIP with HIGH BY PASS c~rALoa 1 1/2" 2" "~- H-1423-2-99000 18 698.80 794.04 H-1423-2-99000 21 704.26 802.45 H-1423-2-99000 24 709.74 810.45 H-1423-2-99000 27 715.21 818.64 LOCKWING BALL METER VALVE with METER FLANGE x DUAL CHECK VALVE with METER FLANGE CHECK VALVE on outlet side of meter, underneath METER VALVE, and ELEVATED BY-PASS SERVICE LINE HORIZONTAL INLET & OUTLET: FIP with HIGH BY PASS CATALOG 1 1/2" 2' B-2423-2-99000 18 737.17 822.90 B-2423-2-99000 21 742.61 831.30 B -2423-2-99000 24 748.10 839.28 B-2423-2-99000 27 753.56 647.49 * = Non-Stock - Minimum order may be required Page 8A-27 Effective: March 15, 2003 LOCKWING METER VALVE with METER FLANGE x LOCKWING METER VALVE with METER FLANGE - SERVICE LllhrE HORIZONTAL INLET & OUTLET: FIP CATALOO 1 1/2" H-1423 12 459,82 515.08 H-1423 15 463.45 520.55 H-1423 18 470.74 531.47 H-1423 21 476.20 539.69 H-1423 24 481.68 547.88 _ H- 1423 27 487.14 556.08 LOCICWING BALL METER VALVE with METER FLANGE x LOCKWING BALL METER VALVE with METER FLANGE SERVICE LINE HORIZONTAL INLET & OUTLET: FIP L CATALOG 1 1/2' 2" B -2423 12 498.19 543.92 B-2423 15 501.82 549.40 B-2423 18 509.10 560.3.3 B-2423 21 514.55 568.53 B-2423 24 520.04 576.73 B-2423 27 525.50 584.92 LOCKWING METER VALVE with METER FLANGE x DUAL CHECK VALVE with METER FLANGE CHECK VALVE in front of BYPASS VALVE SERVICE LINE HORIZONTAL INLET & OUTLET: FIP L CA~'ALOG I 1/2" 2" H-1423-2 12 490.09 623.24 H-1423-2 15 493.74 629.66 H- 1423-2 18 501.03 640.59 H-1423-2: 21 506.48 648.79 H-1423-2 24 511.98 657.01 H-1423-2 27 517.42 665.20 LOCKWING BALL METER VALVE with METER FLANGE x DUAL CHECK VALVE with METER FLANGE CHECK VALVE in front of BYPASS VALVE SERVICE LINE HORIZONTAL INLET & OUTLET: L CATALOG 1 1/2" 2" B-2423-2 12 528.45 652.08 B-2423-2 15 532.08 658.51 B-2423-2 18 539.39 669.44 B-2423-2 21 544.83 677.64 B-247..3-2 24 550.32 685.64 B-2423-2 27 ~555.77 694.05 LOCKWING METER VALVE with METER FLANGE x LOCKWING METER VALVE with METER FLANGE ELEVATED BY-PASS SERVICE LINE HORIZONTAL INLET & OUTLET: FIP CATALOG 1 1/2" 2' H-1423-99000 12 582.94 671.48 H-1423,99000 15 586.60 676.96 H-1423-99000 18 593.86 687.86 H- 1423-99000 21 599.34 696.26 H-1423-990(X) 24 604.82 704.26 H- 1423-99000 27 610.28 712.45 * = Non-Stock -Minimum order may be required Page 8A-26 Effective: March 15, 2003 6.24 (Mu. le, c .l "Y" BRANCH CONNECTIONS Rev. 44)1 Two branch-short body Two branch-short body y *Inlets: MUELLER 110® *Inlets: MUELLER® Pack Conductive Compression Joint Connection for CTS Connection for CTS O.D.** O.D.** robing robing *Outlet: MUELLER Pack *Outlet: MUELLER 110 Joint Connection for CTS H-15343 Conductive Compression P-15343 O.D.** robing Connection for CTS O.D.** mbing i ~/,~"x~" t ~"=~-~2" I l"x2" I I 3/4"x1" I 1,,xl-1/2- V Two branch y Two branch *Inlets: Copper flare nut *Inlets: Copper flare nut *Outlet: M.I.P. thread *Outlet: Copper flare nut H-15341 H-15340 ~:3/4"x1-1/4" :it: I 3/4"x1-1/2" * I l"xl-1/4" * I l"xl-1/2" * I l"x2" I I 3/4" I 3/4"x1" I l"xl-1/4" :1: I' l"xl-1/2" I *Inlets: Copper flare nut *Inlets: Copper flare nut *Outlet: M.I.P. thread *Outlet: .Copper flare nut H -15346 H-15345 J 314"x1-1/2"* I :'",*~,~" I l"x2" I ~ 3/4"x1-1/2', I ].-,d_m- I ]-"=':'" I Four branch ~ Four branch *Inlets: Copper flare *Inlets: Copper flare nut *Outlet: M.I.P. thread *Outlet: Copper flare nut H-15351 H-15350 I 3/4"x2":~ I ~."x2" t I 3'4"x2"~ I l"x2" I V Two branch Two branch-short body *Inlets: Copper flare nut Inlets: M.I.P. thread *Outlet: F.I.P. thread Outlet: M.I.P. thread H-15342 H-10070 NOTE: Minimum length of copper robing "gooseneck" is: 3/4" size-30", i" size-40". ~;Requires minimum ordering quantity. Contact MUELLER Customer Service Center for minimum ordering requirements and availability. *Inlets and outlet can be reversed. **See page 6.25 for tubing that can be used with this connection. MUELLER "Y" Branch Connections are manufactured and tested in accordance with ANSI/AWWA C800. 6:.12IMueller Co.I SERVICE FITTINGS WITH MUELLER® PACK JOINT CONNECTION Rev. 4-01 Straight three part union ~ Quarter bend coupling . MUELLER Pack Joint Il MUELLER Pack Joint Connection for CTS O.D.* Connection for CTS tubing- both ends O.D.* tubing x F.I.P. P- 15403 P- 15533 thread Eighth bend union Straight coupling MUELLER Pack Joint MUELLER Pack Joint Connection for CTS O.D.* Connection for CTS tubing - both ends O.D.* robing x M.I.P. P-15528· P-15428 thread Quarter bend union Quarter bend coupling MUELLER Pack Joint MUELLER Pack Joint Connection for CTS O.D.* Connection for CTS O.D.* robing - both ends tubing x M.I.P. thread P-15526 P-15531 Straight coupling MUELLER Pack Joint Connection for CTS O.D.* robing x F.I.P. thread P-15451 Eighth bend coupling · MUELLER Pack Joint Connection for CTS O.D. * robing x F.I.P. thread P-15534 *See chart on page 6.14 for tubing and pipe that may be used with these connections. NOTE: Sizea shown above represent nominal size of fitting. When two sizes are given, first is size of ~ I .ER Pack Joint Connection and second is size 6f threaded end. MUELLER Service Fittings are manufactured and tested in accordance with ANSI/AW1NA C800. Your best choice for all water service applications. Mueller ball valves can be specified for all types of -Easy to operate with long-lasting, dependable commercial and residential meter installations, performance. B-25146 13-25170 ENDS: Mueller 1 l0® Conductive Compression Connection for ENDS: FIP one end -- Mueller 110® Conductive Compression CPS O.D.* tubing both ends -- integral lockwing -- quarter turn Connection for CI3 O.D.' tubing other end -- integral lockwing -- check.* quarter turn check.* REDUCED PORT SIZES: 3/4"Rt, I"Rt, REDUCED PORT StZFS: 3/4"Rt, I"R*, B-24350 B-24335 ENDS: Mueller 110® Conductive CompressiOn Connect]on for ENDS: Mueller 110® Conductive Compression Connection for CPS O.D.' tubing one end -- meter swivel nut** other end -- CTS O.D.' tubing one end -- meter flange" other end -- integral integral lockwing -- quarter turn check.* lockwing -- quarter turn check.* REDUCED PORT SIZES: 3/4"Rt, I"R*, FULL PORT SIZES: 1-1/2", 2" FULL PORT SIZ -ES: 3/4', 1, B-20200 . B-20245 ENDS: FIP both ends -- integral lockwing -- quarter turn ENDS: FIP both ends -- 3-13/16" end-to-end dimension -- for check.* retrofit applications -- integral lockwing -- quarter turn check.* REDUCED PORT SIZES: 3/4"Rt, I"Rt REDUCED PORT SIZE: 3/4"R~ B-24351 B-24337 ENDS: FIP one end -- meter swivel nut** other end -- integral ENDS: FIP one end -- meter flange" Meter flange is double Iockwing -- quarter turn check.* drilled to accept either 1-I/2" or 2" flanged meters. REDUCED PORT SIZES: 3/4"Rt, I"Rt other end -- integral Iockwing -- quarter turn check.* KEY TO SPECIFICATIONS * For type "K" copper service tubin§ or plastic tubing having the same O.D. (PEor PB). ** Nut is drilled for wire seal. Reduced port valve -- 3/4"R has 5/8" port and 1 "R has 3/4" port. 8D 6 IMu,q ar co.J BALL STRAIGHT SERVICE VALVES . 3/4" - 2" SIZES .. MUELLER® 300TM Ball Straight Service Valve - MUELLER 110® MUELLER® 300TM Bali Straight Service Valve - MUELLER® ~~ Conductive Compression Connection for CTS O.D.* tubing - both ends Pack Joint Connection for CTS O.D.* robing - both ends ~ ~-- ~ Quarter mm check - lock wing. ~ Quarter turn check - lock wing. 8-2§~ 46 360o mm option available by adding -3 P-2~l 46 ~60o mm option available by adding -3 suffzx to catalog number (B-25146-3) suffix to catalog number (P-25146-3) -'~-'~ '~ ] Valve size 1.5/8 /3/4 13,4 l1 /1_1/2 IPipe size /3/4 13/4 l1 l1 /I-la ~ .......... : MUELLER 300 Ball Straight ~ MUELLER 300 Ball Straight 1 Service Valve - MUELLER 110 Service Valve - MUELLER Pack ~' ~'~ Conductive Compression Connection Joint Connection for CTS O.D.* for CTS O.D.* tubing x EI.P. ' robing x F.I.P. Quarter turn check - lock wing. -- ~ Quarter turn check - lock wing. B-25170 360° mm option available by adding -3 - 360° turn option available by adding -3 sUffix to catalog number (B.25170-3) P-25170 suffix to catalog number (P-25170-3) jCau~size 13/4RT 3/4 13/4xl|lRg l1 Ilx3/4Rfll-1/2 12 !va/vesi~ 15/8 13/4 13/4 '~3/4 I' /3/4 I'''r2 ~Pipe size [3¢ [3/4 [1 [1 I1 .11 11-1/2 [2 '~ MUELLER 300 Ball Straight Service ~ MUELLER 300 Valve - MUELLER 1 l0 Compression Ball Straight Service Valve ~,~ Connection for IPS* PE pipe XF.I.P. Copper flare nut - both ends Quarter turn check - lock wing. Quarter turn check - lock wing. 360° turn option available by adding -$ 360° mm option aVailable by adding -$ B-2S196 ~f~ to catalog number (B-25196-3) B-2~43 suffix to catalog number (B_25143_3) Valve size 3/4 Valve size 3/4 3/4 3/4 ~Pipe size 3]4 3/4 3/4 1 MUELLER 300 MUELLER 300 Ball Straight Ball Straight Service Valve Service Valve - EIb. x Copper flare nut Copper flare nut x EI.P. Quarter turn check - lock wing. Quarter mm check - lock wing. 360° mm option available by adding 360° turn option available by adding -3 -3 suffix to catalog number - 4-3/8" B-25166 ~ff= to catalog number (u-25166-3) B-251 6C laying length for retrofit applications lp aa~o~i~ 13/4.~ 13/4 I~"~ l~ I~-m 12 '1 lc~o~ Va~iz¢ ~5/8 /3/4 13/4 /~ I~-~r2 /2 i [V~i~ fi/8 ip~ ~i~ ~3/4 p/4 I~ H Il-Ir2 [2 I IP~pe ~iz¢ p/4 MUELLER 300 Ball Straight Service ~ MUELLER 300 Valve - F.I.P. x F.I.P. Ball Straight Service Valve ' Quarter turn check - lock wing. F.I.P. x F.I.P. 360° turn option available by adding -3 Quarter mm check - lock wing. r'. 9.0200 suffix to catalog number (B-20200-3) 360° mm option available by adding -3 [~ .~i~ 13~.+ 1~4 j,~3~ ~ B-20245 ' suffix to cata/og number-- 3-1/2" end-tm " - -- end dimension for retrofit applications I Calal°gsize [3/4R? J *See charts on pages SD. 15 and SD. 16 ][or robing and pipe that can be t~sed with this connection. ?The "R" indicates this valve has a reduced port. The port size is one nominal size smaller than the valve inleffoutlet. MUELLER Valves and CoHnlin~_q am mannfa~_hw~rl anH f~aef,~ |n at,~.t, lar~t,a ~,,ifh AIO~II/~%JtlI~/A V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM B.3 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noo~ -'~"~ [] September 2, 2003 August 18, 2003 (Noon) V ~ November 5, 2003 October 20, 2003 (Nooli'~41~ [] September l6, 2003 September 2, 2003 (Noon) ,~ November l8, 2003 November 3, 2003 (Noo.n).~ [] Administrative [] Legal .-- NATURE OF [] Announcement [] New Business c:> rnc-~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Motion to utilize the STATE OF FLORIDA, SNAPS AGREEMENT#2502011-4 to R & S INTEGRATED PRODUCTS AND SERVICES, INC. to provide document imaging of permitting records with an estimated annual cost of $36,200.00. EXPLANATION: The Development Department has been using R & S Integrated Products and Services, Inc. to provide document imaging services of permitting records. The document imaging reduces the need for records retention of hard copy documents, and reduces the associated costs to leasing storage space. Five (5) years of permit records remain in leased storage awaiting archiving. Staff has prepared records representing permit year 1995 and 1996 to be outsourced imaged through this purchase order. PROGRAM IMPACT: The Building Division has imaged over 440,000 permit documents and plans to date, making these electronic documents readily available for public access. The Laserfiche document imaging system has reduced staff research and record retrieval time from days to minutes, providing greatly enhanced service for both our customers and the general public. FISCAL IMPACT: Funding is provided in the FY2003/2004 Annual Budget as follows: Account Description Account Number Budeet Microfilming/Imaging 001-2411-524-47-21 $36,200.00 ALTERNATIVES: To have existing limited staff resources begin imaging archive records. This alternative would increase the duration of off site storage and slow the record retrieval process. Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Nancy Byme - Development Department S:'~BULLET1N~ORMS~kGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-218 TO: Bill Atkins, Deputy Director of Finance/Purchasing Agent FROM: Nancy Byrne, Assistant Development Director DATE: October 14, 2003 SUBJECT: PURCHASE REQUISITION # 25927 - R & S INTEGRATED PRODUCTS R & S Integrated Products and Services, Inc. provide document imaging of Permitting records, thereby reducing the need for contracted.storage space, and management conversion services for the Department of Development. This service is funded fi:om Building's Microfilming/Imaging account number 001-2411-524-47-21, which has been budgeted $36,200.00. The Division anticipates an annual expenditure of $36,200.00 for these services. Due to the fact that this service will exceed the maximum allowed, I hereby request that Procurement Services take this item to Commission for approval. A copy of the proposed project pricing has been provided by R & S and is attached. Thank you. NB:rs Attachment S:\Development\BUILDiNGLMemos~Vlemos to Finance (Misc.) - 2003~urch Req 25927-R&S.doc SNAPS II - SNAPS Agreement Page 1 of 1 search I directory i contact us I 411 i subscribe I tour l help Services Business & Industry > Search > SNAPS Search Form > SNAPS Agreement A_griculture Business & SNAPS AGREEMENT TITLE: DOCUMENT IMAGING & INFORMATION Industry MANAGEMENT SYSTEM Calendars & AGREEMENT NUMBER :2502011 -4 Events TERM OF AGREEMENT: Community Begin date: 06-14-2000 Resources End date: 06-13-2004 Consumer Assistance VENDOR: Disaster Management R&S INTEGRATED PRODUCT & P.O. Box 3585 Education LAKELAND, FL 33802-3585 Elders SPURS NO: F593209124-001 Employment MBE CODE: NON-MINORITY (A) CONTACT: DEANNA PORTER Environment PHONE: 863-683-9393 Health & Human Services COMMODITY CLASS: 250 COMMODITY GROUP: 800 DELIVERY: 10-15 Days ARO Licensing & WARRANTY :1 year Permitting Public Safety APPROVED PRICE SCHEDULE & DATE: 1 .) Price list eft. 06/14/2000 Expire date: 06-13-2004 Science & Technology CONTACT VENDOR FOR COPY OF PRICE SCHEDULE & CONTRACT INFORMATION. Transportation Document imaging software/hardware and services. Data capture software/hardware and services. Data reporting software and services. Electronic form software and services., Data conversion services. Scanning services-documents, photos, large drawings. Copyright(~ 2000 State Of Florida Privacy Statemen_t http ://fcn.state.fl.us/owa_snaps/owadsnaps_wwxv.agreements.show?agree_number_str=250... 9/23/2003 R&S Integrated Products and Services Inc. Information through Innovation 1647 % George Jenkins Blvd~ Lakeland, FL 33815 Voice 863.683.9393 Facsimile 863.686.0610 www. rsoasis.com R&S Integrated Document Imaging and Information Management Systems City of Boynton Beach Document Imaging and Management Conversion Services Departmental Costs and Specifications Project Pricing Document #COBB2003Q4A1 presented by R&S Integrated October 2003 City of Boynton Beach Document Imaging and Management Projects October 13, 2003 INTRODUCTION This document presents budget information for document imaging conversion services for the Development Department at the city of Boynton Beach. Project will scan hard copy documents related to 'Permit Files'. Documents can be small format (5.8.5 X 14') or large format drawings ~8.5 X 14"), such as engineering drawings and blue prints. Files will be-indexed using an output file from the resident HTE Permit Tracking system. Project meetings will decide the order and total indexes for the records. Index data will populate the LaserFiche search template. All files processed will be inventoried using a HTE printout. Folders and subfolders will be created using the following structure Street Name Address with Street Name Permit 03-XXXXXX 03-XXXXXX Drawings (name of document - permit number and document type) 03-XXXXXX Permit (name of document - permit number and document type) Permit 03-YYYYYY 03-YYYYYY Drawings (name of document - permit number and document type) 03-YYYYYY Permit (name of document - permit number and document type) Costs are all inclusive - from transport to delivery, see Deliverables on page 2. Unit cost has been discounted from R&S typical SNAPSII pricing. ACQUISITION This project can be started upon R&S receiving a purchase order for desired items. This project can be purchased in whole or by part. All R&S products and services can be purchased via the R&S and state of Florida SNAPSII contract; the R&S contract number is 2502011-4. R&S Integrated Document Imaging and Information Management Systems 1 City of Boynton Beach Document Imaging and Management Projects October 13, 2003 Document Hardcopy to Image Conversion Small Format and 'Drawings' Section A Project development Hard copy pickup, transport boxes, per diem, service Prep; remove staples, paper clips, count pages Scan; to 300 dpi TIFF Group IV image in the LaserFiche interface, deskew Delivery of finished product Communication of file data during conversion process Section B Index; by relative fields (or dept. defined indexes established at project meeting) Section C Build LaserFiche file folders for each file category. Create documents named With relative fields such as employee number and document type, example 2348 City Park OR system generated document name. Three indexes with maximum 8, 12, & 14 characters respectively. Organize, and deliver the project files within the LaserFiche imaging interface. Each File will have a named folder with file data built into each Section D Create portable LaserFiche volumes and write to CDR optical disc, two copies Include the LaserFiche viewer program on each CDR, delivery and upload of CDR discs SRP SNAPS discount price Quantities more than 1,000 but less than 11,000 drawings RS004 BC size >8.5 x 14' and <24x36" drawings $1.50 to $2.50 each $1.43 RS005 D size 24x36' drawings $2.50 to $4.00 each $2.38 RS006 E size >24x36' or 36x48' drawings $3.75 to $5.95 each $3.57 Quantities more than 11,001 but less than 25,000 drawings RS004a BC size >8.5 x 14" and <24x36" drawings $1.50 to $2.50 each $0.98 RS005b D size 24x36" drawings $2.50 to $4.00 each $2.18 RS006c E size >24x36' or 36x48" drawings $3.75 to $5.95 each $2.78 Quantities more than 25,001 drawings RS004d BC size >8.5 x 14" and <24x36" drawings $1.50 to $2.50 each $0.48 RS005e D size 24x36" drawings $2.50 to $4.00 each $1.98 RS006f E size >24x36" or 36x48' drawings $3.75 to $5.95 each $2.08 RS881A A Size Hard Copy <8.5 x 14" $0.20 to $0.32 $0.17 Drawing quantities must be transported in a single event to qualify for quantity discounts Onsite hard copy to image processing RSON R&S provides travel, equipment, mobilization, personnel, per diem Client provides workspace, security, and utilities Add 40% to total project conversion costs R&S Integrated Document Imaging and Information Management Systems 2 City of Boynton Beach Document Imaging and Management Projects October 13, 2003 R&S Document Imaging and Data Capture Installations GOVERNMENT EDUCATION City of Miami Beach University of Central Florida City of Delray Beach University of Flodda Law College City of Boca Raton Columbia County Schools City of Kissimmee Florida State University City of Boynton Beach Putnam County Schools City of Greenacres City of New Smyrna Beach RETAIL / COMMERCIAL City of Titusville Advance Auto Parts/Stores City of Deerfield Beach Discount Auto Parts City of Homestead Qualex Consulting City of Stuart, City and Police Howard Schultz and Associates City of Casselberry Ryan Incorporated City of Minneola Outback Steakhouse, Corporate Office City of Inverness Sailormen Inc dba Popeyes Restaurants City of Boca Raton National Gold Exchange Village of Wellington Village of Palm Springs MEDICAL Town of Lauderdale-By-The-Sea AdvantEdge Healthcare Solutions Town of Palm Beach Shores Morton Plant Mease Foundation City of Lauderdale Lakes Shands Hospital - University of Florida City of Zephyrhills Moffit Cancer and Reseamh Center Monroe County Clerk of the Circuit Court Cardiology Consultants, P.C Monroe County Property Appraiser Premier Medical Review Lee County Property Appraiser Collier County - Clerk of the Circuit Court FINANCIAL / REAL ESTATE Florida Department of Health, Griffith & Werner Florida Department of Financial Services Columbia Title and Research Shades of Green Resort, Department of the Army Financial Strategies Workshop Athens Clarke County First Summit / Jefferson Pilot Financial Florida Department of Citrus American Express Financial Services St. Lucie County Board of County Commissioners Southern Title St. Lucie County Property Appraiser Trust Company of Florida St. Lucie County Clerk of the Circuit Court St. Lucie County Veterans Affairs MANUFACTURING Hillsborough County Clerk of the Circuit Court Lockheed Martin Financial Services Florida Keys Aqueduct Authority Bausch & Lomb Pharmaceuticals Collier County - Shedff's Office Lee County Tax Collector's Office Juvenile Welfare Board of Pinellas County Coordinated Childcare of Pinellas County There are over 18,000 LaserFiche installations worldwide. R&S Integrated Document Imaging and Information Management Systems 3 City of Boynton Beach Document Imaging and Management Projects October 13, 2003 R&S Software Product and Integration Clients Organizations have purchased R&S integration products such as 'Document Shuttle' (uses existing or processed data to populate the LaserFiche database with template field values, automatically creates folders and subfolders, and names documents), 'EZFind' (image enable existing software programs with LaserFiche), and 'EZVolume' (monitors LaserFiche data volumes and notifies through email set capacities). Lee County Tax Collector Morenci Water and Electric Company Howard Schultz and Associates Sailormen Inc/DBA/Popeyes Chicken and Biscuits Discount Auto Parts Village of Wellington Advanced Auto Stores ESC Imaging, Inc Forms Processing Inc. City of St Claire Shores Data Servicing Inc. Ncompass Networks DSS Corporation Bloss & Dillard City of Homestead BOLT Document Management AdvantEdge Healthcare Solutions Florida Keys Aqueduct Authority TKB Associates, Inc Ray Morgan Company Village of Lisle, IL Connectivity Business Systems Compensation Funds of New Hampshire Nationwide Insurance Innovative Imaging Housing Authority of the County of Los Angeles St. Lucie County Offutt, Fisher and Nord Collier County Clerk of the Court Pre Medica Collier County Shedfrs Office Engle Business Systems Village of Glenview, IL Data Dash, Inc. City of Boynton Beach Juvenile Welfare Board of Pinellas County City of Boynton Beach Police Coordinated Childcare of Pinellas County City of Zephyrhills IKON Office Solutions - Ontario, Quebec Bce Emergis, Quebec City of Jacksonville, NC One Source Document Solution, Inc New Vision Imaging Systems Stem Cyte Advance Stores Company, IncorpOrated State Ethics Commission, PA Municipal Code Corporation R&S Integrated Document Imaging and Information Management Systems 4 City of Boynton Beach Document Imaging and Management Projects October 13, 2003 R&S Integrated Fact Sheet R&S has been a LaserFiche document imaging VAR for over nine years. R&S has been an AnyDoc data capture VAR integrator for over six years. R&S has over 40 government LaserFiche imaging installations in the state of Florida. These projects have involved integration with a variety of city, county, and state departments. R&S has setup over 70 LaserFiche installations in the Southeast US, more than any other LaserFiche VAR. Over 150 projects have been accomplished at these sites. R&S products and services can be purchased via Florida SNAPS II. R&S has been involved in this state contract program for over four years. You should choose R&S Integrated as your LaserFiche imaging VAR for the following reasons. · R&S has been a LaserFiche VAR integrator for over nine years · R&S has over 70 active LaserFiche installations in the state of Florida R&S received the LaserFiche 'Expertise in Systems Integration' award in 2000 R&S has been in the LaserFiche 'Presidents Circle' for the past five years (since creation of honor) · R&S recognized by imaging industry as a leader in systems integration and project development · All R&S imaging installations can be referenced for additional information, some promote site visits All R&S products and services are available via Florida SNAPS II contract · R&S has integrated LaserFiche with Any Doc's 'OCR for AnyDoc' for automated image indexing & data entry · Numerous articles have been printed in industry magazines and other periodicals that discuss R&S imaging and data capture projects, reprints on request R&S has developed 'Document Shuttle' to automatically build or populate the LaserFiche imaging system with existing or process data (from data capture systems, reports, software output, or ODBC tables). R&S has developed 'EZFind' to image enable existing applications with the LaserFiche imaging system. R&S 'EZAgenda' automates the management and calendaring of organizational meeting Agendas (and associated or supporting data). R&S engineers, programmers, and technicians have over 50 years experience in imaging and related technologies. Go to www. rsoasis.com for more information. R&S Integrated Document Imaging and Information Management Systems 5 City of Boynton Beach Document Imaging and Management Projects October 13, 2003 R&S Integrated Products and Services, Inc. Project References October 2003 · City of Boynton Beach - welcomes site visits, city wide installation Peter Wallace - Dir ITS 561-742-6070 Carol Cheek - Human Resources 561-375-6278 Nancy Byrne - Dir Development Dept 561-742-6372, www. ci.boynton-beach.fl.us, see Weblink · Village of Wellington -welcomes site visits, city wide installation Doug Wise - Planning, Building, CE 561-753-2430 ext 104 Tom Amburgey- Dir ITS 561-791-4000 ext 183 · Collier County, Sheriff's Office - organization wide, 18 scanners Jamie Mosbach 239-793-9514 Damian DeAndres 239-793-9297 · City of Greenacres- welcomes site visits, city wide installation Marina Quintem - Data Processing 561-642-2035 Tom Oldham - Dir MIS 561-642-2013 Administration (City Clerk, Human Resources); Engineering, Planning & Building; Finance; Public Safety · Collier County, Clerk of the Court - welcomes site visits Lori Kraycik 239-774-8340 James Taylor 239-774-8319 Clerk of the Commission & Traffic Dept SEE Weblink at www. clerk.collier.fl.us go to the Weblink option at mid page · Lee County Tax Collector - organization wide, welcomes site visits Eddie Wilson 239-339-6047 Clay Jones 239-339-6042 · State Comptroller/Banking & Finance Legal, Financial Services Department Mary Howell - input/admin user - 850-488-9896 · Florida Keys Aqueduct Authority - organization wide, welcomes site visits Juliet Torres 305-296-2454 Paul Vander Straaten 305-296-2454 · Monroe County Clerk of the Circuit Court - Board and Court Records Lance Guery 305-296-2454 · Monroe County Property Appraiser Rob Shaw 305-296-2454 R&S Integrated Document Imaging and Information Management Systems 6 V.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM B.4 AGENDA ITEM REQUEST FO ,. Request~l City Commission Date Final Form Must be Turned Requested City Commi.~ion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Me, ting Dates to City Clerk's Office [] AugustS, 2003 July l4, 2003 (Noon.) [] October7,2003 [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September2,2003 Augustlg, 2003(Nooo) [] November $, 2003 October 20, 2003 (Noon) CO [] Septemb~ 16,2003 September 2, 2003 (Noon) [] November 18,2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE Og [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to award Bid 0004-2821-04/JA, WEST WATER TREATMENT PLANT PHASE HI, MEMBRANE REPLACEMENT PROJECT, to American Engineering Services, Inc. and to execute a contract by resolution in the amount of $628,709.~k. Also to approve an owner's contingency of 10% in the amount of $62,870.97 for a total project budget appropriation of $691,580.67. EXPLANATION: In June of 2003, a workshop was held at the Utilities Department with the City Manager, City Commissioners, and the Water Resources Leadership Team (WRLT). The WRLT presented a ~program with four (4) goals to ensure the supply of water resources for the future and our ability to process raw water. The four (4) goals included: · Renewal of the City's Consumptive Use Permit (completed) · Phase IH- Membrane Replacement at the West Water Treatment Plant · PhaSe IV - Design/Build Expansion of the West Water Treatment Plant, including the build-out/development of the west wellfield · Expansion of the East Water Treatment Plant, to include the addition of a iow pressure reverse osmosis process to supplement the existing lime softening process This bid is the second step in meeting these goals. S:~BULLETINkFORMS~kGENDA ITEM REQUF~T FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The membrane elements in Trains 1, 2 and 3 at the West Plant are approximately ten years old and have exceeded their design life. The replacement of the membrane elements will increase our permeate capacity from 8 mgd to 9.6 mgd. Four competitive bids were received and opened by Procurement Services on October 22, 2003. AH bid proposals were submitted to Utilities and our design professional for review and recommendation. Although the lowest bidder, Worth Contracting, Inc., documented project experience as a general contractor, he has no previous experience in membrane element installation as outlined in the Evaluation of Bids letter from our design professional (Attachment No. 1, letter from CDM). The next lowest bidder, American Engineering Services, Inc. (AES), has experience in both reverse osmosis and nanofiitration potable water systems and is a leader in the membrane system supply industry. Camp Dresser & McKee Inc. (CDM), the design professional for this project, received favorable responses regarding recent membrane supply and installation projects completed by AES. During our evaluation of the AES bid proposal, we discovered an error in the way AES calculated Bid Item No. I for their mobilization, demobilization and cost of the general conditions. We contacted AES and discussed this; and, AES has agreed to adjust their bid and perform the scope of work described in the bid documents for $2,982.00 less than the bid proposal submitted on October 22, 2003 (Attachment No. 2, letter from AES). The Utilities Department recommends award to AES as the lowest, most responsive, most responsible bidder who meets all specifications. CDM concurs with this recommendation on the basis that AES is the most qualified to perform the services required for this project. PROGRAM IMPACT: The Membrane Replacement Project includes all services required for the removal and disposal of the existing membrane elements. The membrane elements in Trains 1, 2, and 3 will be replaced with FILMTECTM NF90-400 as manufactured by the FilmTec Corporation of the Dow Chemical Company. Maintenance and replacement of three (3) existing product transfer pump impellers with larger impellers is also part of this project along with Instrumentation and Control modifications. The West Plant will remain in operation throughout the project. S:XBULLETINWORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Funds are available in the following account: BUDGET ACCOUNT BUDGET ACCOUNT APPROVED AMOUNT NAME NUMBER Utilities/CIP Water R & R 401-5000-590-96.02 WTRll$ Contract Amount $ 628,709.70 Utilities/CIP Water R & R 401-5000-590-96.02 WTRll8 Contingency 10% $ 62,870.97 TOTAL BUDGET APPROPRIATION $ 691,580.67 ALTERNATIVES: There is no alternative. If the membrane elements are not replaced, the West Water Plant will be at risk due to unscheduled shutdowns for maintenance of the aging membrane elements and repairs. Delays to Phase 3 will have a negative impact on the start of Phase IV, the design/build expansion of the West Water Plant. Assistant City Manager City Manager Utilities _~~ Department Name City Attorney / Finance / Human Resources bc: Dale Sugerman, Assistant City Manager Bob Kenyon, Deputy Utilities Director Paul Fleming, Sr. Project Manager WRLT, Utilities S:x~BULLETII',~FORMgXAGENDA ITEM ~gT FORM.DOC RESOLUTION NO. R 03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR WEST WATER TREATMENT PLANT PHASE III, BID NO. 004-2821-04/JA, TO AMERICAN ENGINEERING SERVICES, INC., IN THE AMOUNT OF $691,580.67; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WI-IEREAS, on October 22, 2003, Procurement Services received a from the Utilities Department to award the bid for West Water Plant Phase 111, Membrane Replacement Project (No. 004-2821-04/JA) to Engineering Services, Inc., who was the most responsive bidder that meets all )ecifications; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be the best interests of the citizens and residents of the City of Boynton Beach, to award bid (#004-2821-04/JA), and enter into an agreement between the'City of Boynton and American Engineering Services, Inc., in the amount of $691,580,67. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, TIIAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida, upon of staff, hereby approves the award of bid (#004-2821-04/JA), and enter into an agreement between the City of Boynton Beach and American Engineering Services, Inc., in the amount of $691,580.67; authorizing the City Manager to execute a S:\CA\RESO~Agreements~Bid Awards\Bid Award - American Engineering - West Water Treatment Plant. doc a copy of which is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS __. day of November, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner aTTEST: Clerk reements\Bid Awards~Bid Award - American Engineering - West Water Treatment Plant.doc BID TITLE: WEST WATER TRF,ATMF,NT PI,ANT PHAgF, Ill; MF,MBR ANF, RF,PI,ACF,MF,NT PROJF, CT BID NUMBER: 004-2821-04/JA PROJECT NUMBER: 'WTR 118 CITY OF BOYNTON BEACH, FLORIDA CONTRACT ['OR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 18th day of November: 2003, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and AMERICAN ENGINEERING SERVICES, INC. a Florida Corporation t~ ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH A. The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: WEST WATER TREATMENT PLANT PHASE HI, MEMBRANE REPLACEMENT PROJECT B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 21 st day of October, 2003, for the total bid amount of C. On the 1 gth day of November: 2003, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within ! 50 calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C-1 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are tree a~d correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amountS set forth in Contractor's bid. 1.1.4.Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5.General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall:- 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY,. CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of f'mal payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. c-3 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written fmal accepthnce and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. 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 fully complete the project within ! 50 calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fall to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONT ~RACTOR.shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid .. proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $1.500~00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within 150 calendar days from the commencement'date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. The CONTRACTOR further agrees to pay an assessment of $1,000.00 per day/per membrane train for failure to maintain the operation of the West WTP as a result of more than one (1) membrane train being placed out-of-service for more than seven (7) calendar days during the approved scheduled replacement of the membrane elements. 6.3. The CONTRACTOR further agrees to pay an assessment of $1;000.00 per day/per tran.qfer primp for failure to maintain the operation of the West WTP as a result of more than one (1) transfer pump being placed out-of-service for more than fourteen (14) calendar days during the approved scheduled maintenance and replacement of impellers. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1: The CONTRACTOR warrants that quoted priCes include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its Performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the C-5 Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CtTY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as prOvided in the Contract Documents. 10. CHANGES IN TItE WORK 10.1. 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. Ail such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. Co6 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is Camp Dresser & MeKee lno-. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. c-7 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. 15.3. Failure on the Part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer .and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. c-8 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Manager, attested to'by, the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and wimessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and wimessed CONTRACTOR in the presence of: President or Vice President Attest as to CONTRACTOR State of Florida ) ) SS: County of Palm Beach ) On this __ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-9 Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence TO: Bill Atkins, DATE: October 30, 2003 Deputy Director of Finance FROM: Paul Fleming, ~ PHONE: 6487 Senior Project Manage PROJECT: West Water Treatment Plant Phase III, Membrane Replacement Project Bid ~)04-2821-04/JA SUBJECT: Recommendation of Contract Award bec: File: 2.2 R. Kenyon B. Conboy K. Riseley Tom Nogaj, P.E. (via fax 561-689-9713) This office has reviewed the bid tabulation sheet and related information for this project/bid and hereby recommends contract award in accordance with the following data: Project Name: WWTP Phase III, Membrane Replacement Project Recommended Contractor:. Amedcan Engineering Services, Inc. This is the second lowest bidder for Bid ~304-2821-04/JA whose bid represents the most advantageous bid to the City, pdce and other factors considered. The Iow bidder, Worth Contracting, Inc. could only demonstrate work as a general contractor with no pdor experience in membrane installation/replacement. Award Amount: $ 628,709.70. A Contingency of 10% of the award amount, $62,870.97, will be set aside for unforeseen site conditions to be managed by the Senior Project Manager. The requested total funding authorization is $ 691,580.67. Account Number: 401-5000-590-96.02 WTR118 Verification of Contractor Responsibility: The Utilities Department and the project consultant, Camp Dresser & McKee, Inc., have verified that Amedcan Engineering Services, Inc. (AES) has performed successful membrane installation/replacement work in the past. AES has agreed to perform the scope of work described in the bid documents for $2,982.00 less than the bid proposal submitted on 10/22/03 due to a calculation error on Bid Item No. 1 (see attached letter from AES). Compliance with the Plans and Specifications: AES meets all required specifications. Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence Client Office Concurrence: Bid results were discussed with Bob Kenyon, Deputy Utilities Director, who has indicated his concurrence with the award recommendation to AES. If you have any questions, please contact me at Ext. 6487. Attachments: Agenda Item Cover Sheet and Checklist Agenda Item Request Letter of Recommendation from CDM (Attachment 1) Letter from American Engineering Services, Inc. (Attachment 2) Procurement Tabulation Sheet (signed by Paul Fleming) Backup copy for City Clerk's Office 0CT-31'03 11:11AM FROM- T-421 P.002/003 F'133 ATTACHMENT NO. 1 PAGE l OF2 1601 Bel~; ..~re I~oad. Suite 211 South West Palm E --ach, Florida 334~ t~l: 561 6a"-3~36 fa~c, 561 6~, .-9713 October :'~0, 2003 Mr. Paul M. Fleming Senior Ih oject Manager City of B.)ynton Beach 124 East W'oolbright Road Boynton Beach, Florida 33455 Subject: West Water Treatment Plant Phase III- Membrane Replacement Project Bid #004-2821-04/JA Evaluation of Bids Dear Mr Fleming: The bid,)pen~ag for the Membrane Replacement Project, was held on Wednesday, October 22, 2003 at 2.30 p.m. at the City of Boynton Beach City Hall. A total of four (4) bids were received, the tabu3 ation of the bids and their respective bidder is summarized in the attached bid tabulaticn table. A summary of the four bids is provided below, along with their Grand Total Base Bid Amount, which is the basis of determining the apparent low bidder. Bidder Grand Total Base Bid $ 1. Wot. h Contractinl~, Inc. $558,246.70 2. Ame. ican En~ee~g Services, Inc. $631,691.70 3. Cede rs Electro-Mc~_hanic~, Inc. $673,000.00 4. Ma_~:te Engineering Contractors, Inc. $706,946.70 Engi ~eer's Estimate $666,263.50 Cedars }'lectro-MechanicaI, Inc. and Marine Engineering Contractors, Inc. both had math errors. ~ lae errors have been fixed accordingly in the table above and axe minor in that they do not a:ijust the order of the bid. In addition, Cedars Electro-Mechanical, Inc. did not submit a bid for membrane spare parts as required by the bid proposal. The bid proposal also stated a maxim am of 8 percent for mobilization and demobilization. The ordy Contractor to meet this req~' irement was Cedars Electro-Mechanical, Inc~ In addition, membrane process protectit,n and the warranty were required as part of the bid. The only Contractor to supply this docq Lmentation was American Engineering Services, Inc. Each bidder acknowIedged receipt c [ Addendum No. 1. Each bidder supplied a bid bond. Bids for the project are valid for a pe]'tod of ninety calendar days from the bid opening day and expire on January 20, 2004. The low bidder on the project is Worth Contracting, Inc. The difference between the high and Iow bidcl.ers was $178,700.00 or 27 percent. The engineer's opinion of probable cost prior to opening bids was $666,263.50 or 19 percent above the lowest bidder. N :',.6276~la205 cioc 0CT-31-03 11:11Abl FROM- T-4Z1 P.003/003 F-133 ATTACHMENT NO. ' Mr. Paul M. Fleming October. 30, 200:3 Page 2 The con_,.truction schedule for this project is one hundred and fifty (150) consecutive calendar days as t.:stablished in the contract documents. The two lowest bidders, Worth Contracting, Inc. and American Engineering Services, Inc. established a construction schedule target of 109 days ant:[ 135 days, respectively. Both Contractors ]neet the schedule established by the City. Worth C ontracting, Inc. has been in business for 29 years, however, as indicated in their submittal they do not have any experience in the geld of membrane systems. The project experier ce submitted by Worth Contracting, Inc. was that of Dow FilmTec as the manufat'turer. Worth Contracting, Inc. has not done any work installing membrane equipmt .nt as such was unable to provide any reference for this type of work. The next lowest bidder,.kmerican Engineering Services, Inc., has been engaged in the membrane system supply/.:ontracting business for 18 years and has completed similar projects with success and on-time supplier. Based o.-t previous CDM experience with the Contractor and the references that we contacted, we have determined that American Engineering Services, Inc. is a responsible Contractor, and is capab.le of undertaking and completing the contract in a satisfactory and amely manner. Accord~,.~gly, CDM recommends that the City award the construction con~act to the next lowest ~.esponsible bidder, American Engineering Services, Inc. of Delaware in the amount of $631,69' .70. If there .ire any questions regarding the bids, American Engineering Services, Inc. or our bid evalua~ on and recommendation, please contact our office. Very trt~ly yours, M. Nogaj, P.E. Project 'VIanager Camp lDresser & McKee Inc. SEM/d .: Enclosu res File: 6276-389024311113] From: 813-621-4085 To: KAREN RISELE me: 3:09:04 PM ATTACHMENT NO. 2 ~'~2of2 PAGE 1 OF 2 Web http:/Avww.aesh 20.com FAX; {813) 821-4085 AMERICAN ENGINEERING SERVICES, INC. 9001 Brittany Way / Tampa, Florida 38619 / (813) 621-3932 Octoben' 30, 2003 Ksren Riseley Contracts Coordinator Ci~ o fBoyntm) Beach 100 ~ Bo~tonB~ch Blvd, Ba~n Beth, FL 334~ Ra: WW~ Phase 3, M~brane Dear Karma, W~ are in receipt of)eom' fax that illustrates the discrepancy in our pricing i'or tlAs p~oje~t. We apologi'ze fo~ file confusiol~ mid will adjust our price Io reflect th~ con'eot c~.l~lation of the 8% in l~e !te.,m one, Thc total bid prit~e offered by AE$ is $6~8,709.70. Please contact me directly should a~ty other iss~ea ariso. Best regards, Pm~id~nt 15:0 9001 Ce~'fled Cmnl~any ATTACHMENT NO. 2 PAGE 2 OF 2 Utilities Department City Of Boynton Beach Project Management Division Facsimile Date:.. ~ October 30, 2003 No. Of Pages: One " (Including cover page) TO: Taryn Miller, Phone: 813-215'6321 (cell) Municipal Sales Manager Fax: 813-621-4085 From: Karen Riseley ~/ff ]L~'~'' Phone: (561) 742-6435 Contract Coordinator" IX/v~ Fax: (561) 742-6298 Mobile: Project: VVVVTP Phase 3, Membrane Replacement Project _ Subject: Proposal cc: File Taryn, As per our conversation, this is the method used to calculate the maximum 8% for Bid Item No. 1 - Mobilization/Demobilization (total proposal value minus Instrumentation Allowance and Markup). Proposed Bid Amount $ 631,691.70. Bid Item No. 1 on Proposal ($ 48,600.00) ! & C on prOpOsal ($12,254.00). 5% Markup on I & Con Proposal ($ 612.70) SUB TOTAL (Proposal Value) $ 570~225~00 8% of Sub Total $ 45,618.00 I & C $12~254.00 5% Markup on I & C. $ 612.70 NEW BID PROPOSAL TOTAL' $ 628~709.70 The difference between your total bid proposal and the new bid proposal is $ 2,982.00. If your company, Amedcan Engineering Services, Inc. agrees to perform the work described in Bid #004-2821-04/JA for $628,709.70, please FAX a letter to us today if possible. The letter of confirmation shOuld be signed by Mr. Ali Kalantar, President of Amedcan Engineering Services, Inc. since he signed the original bid proposal. If you have any questions or concerns, please contact me at (561) 742-6435. - \ If you receive this fax In error, or experle~trouble with Imnsmission, please notily our office immediately, at (~1) 742-8400. Thank you. o~ ~ z "nm -- ~00 ~ o~ 0 ~ ~mm ZZ ~ z ~0 z o~ ~ ~o~ ~ E~ o ~ z ~ 0 Z ~ ~ ~ Z S~S 0 ~ ~ ° V.-CONSENT AGENDA ITEM B.5. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ ~.~:~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve piggy-back of City of West Palm Beach Bid #00/01-46 with Metro Service Consultants Inc. to provide a coordinated program of fire hydrant testing and documentation of testing and maintenance for an amount up to $75,000.00. EXPLANATION: There has never been a utility-wide audit and survey of the fire hydrant system. The Utility provides water to approximately 3,100 fire hydrants. This testing and audit will include all hydrants within our water distribution service area. This program will provide: 1. Improvement of City Insurance Service Organization (ISO) rating. 2. Completion of a necessary step for Fire Department Accreditation. 3. Compliance with Palm Beach County Environmental Control Rule II for testing and maintenance. 4. Identify maintenance needs, closed valves, low flow or hindrances to emergency operations and public safety. 5. Improve documentation and field information for fire fighting. PROGRAM IMPACT: This program will improve the ability of Fire Rescue units to operate at emergency scenes by providing updated information on all hydrants. It will also provide a maintenance checklist for Utilities to ensure all hydrants are fully functional, identify low flow conditions, and keep Utilities in compliance with regulatory agencies. S:X~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Cost is $23.00 per hydrant. There are approximately 3,100 hydrants, but this is a very dynamic number due to new construction, renewal and replacement programs, private system activities, and water main relocations. We anticipate a cost of approximately $71,300.00 and request authorization to spend up to $75,000.00 for this system-wide project. Funds are available in Utilities account g401-5000-590-96-02, WTR120 for this necessary work. ALTERNATIVES: ' Department Name City Attorney / Finance / Human Resources cc: Bill Atkins - Procurement Services Chief Bill Bingham- Fire Deparlment Bob Kenyon Barb Conboy S:~BULLETINLFORM S'~AGENDA ITEM REQUEST FORM.DOC 9--16r'~'203 12:B9PM FROM C. EDWARD FLOYD 407 6;82 9714 P. 2 P.O. B~ W~t p~ ~ F~ 3~02-35~ *~L: (561) 65~ F~: (561) S~t~mber $, 2003 16~20 P~ BI~. H~ T~ 77015 Re: Fi~ ~ T~ ~ A~t A~ ~ ~ ~ of ~ ~v~f~ ~~t ~ ~ ~ duly ~ ~~ o~ of~ City ofW~ P~ ~ f~ ~U~ fi~. ,t . /,.-'mm Att~tu'mmt C~ies to: I~uc Kovner, S~tior Project Windel Palmer, Project Cootdinat~ 9-16='203 1:00PM FROM C. EDWARD FLOYD 4.0'7 682 9'714. P. 3 THIS AMENDMENT NO. ~ TOAG~E~M~T F~ FIRE ~~T~ AND AUD~ into O~ ~ WEST PALM B~OH 9-~6~203 l:00PM FROM C. EDWARD FLOYD 407 682 9714 P.~$ .Amendment, the terms eM ~ of ~e Agreement ~ rem.in unmodified end In fUll force and eeeeL IN wrrNts$ WHEREOF, me ~ ~d ~he city M,~ t~umi ma Amendment nor. mo dm ~ y~r tim wrflN~ above. IN WITNESS WHEREOF, IM ~ hav~ ~ ~ Amendment, crrY A'T'tORNEY';80FF~,~ ... Mt~n~'o ~WIGE CONIIUL.T4NT~ FL. INC. No. ~ -,- Fh~ I,e~lmnt. Teeting :. 2 Send via facsimile: 561.2a~0 Total of 2 pages Mr. Steve Gale, Fire Marshall City of Boyaton Beach, Fire Dept. 100 E Boynton Blvd Boyntom Beach, FL 33425 RE: Audit Procedure & "Piggy Back" of West Palm Beach Dear Mr. Gale: Ed Floyd ask mo to provide you with the following information. Metro Service COnsultants, Inc. (Metro) is pleased to detail~our fire hydrant audit program. Metro will furnish a team of trained and experienced toclmicians for the purPOse of auditing and surveyingthc fire hydrmatsin yo~ system. The following steps are pen~rm~ during, the 1.' Map the 1 ..oc.~t/on, ~the 'hydrant and assign a number to eaCh/!i(City t6 supply/; / · diStribution map.) ~'S allows you :to lOCate hydrant by hydrant number. ~.' 2. List the manafaCtUrer, model, year of manufactttre along with fftain valve size and operational direotion. 3. List pumper and hose ~aozzle Size and thread configuration. 4. Chock H.F.~de requirements (excluding flows). 5. Note shat off valve location and operational direction (if applicable). 6. Cycle hydrant. 7. Register hydrant flow capabilities, single residual. 8. Note mechanical and operational deficiencies (under "WORK lqEEDED"'). 9. indicate cost and time rcquLred to accomplish repairs show~ under "WORK NEEDED") for each hydrant. 10. State cosmetic and misccllanc~hs condition, as found. All of thc above information is to be compiled and presented to ff~c utili~ in book form. · P.O, Box 146 Channelview, TX 77530 · 281-457-2404 · FAX: 281-457-2419 · The same information is to be furnished on a computer programkli_zkette~ligh density IBM compatible, known az our Fire Hydrant Information System (FI-HS) written in FoxPro, which allows the user to update ird'ormation and/or make modifications to thc information. Our Program will allow the Utility to manage your rite hydrants with a proven system. In addition to all of thc above information, a summary report is to be furnished listing all hydrants by manufacturer classification, model and valve size. Also summary reports on required repairs, by categories to include: 1. Operating nut or bonnet tework 2. Extensions required by size - 6", 12", 18" and 24" 3. Caskets required (hose and pumper) a. Main valve replacement 5. MisccUaneous repairs (othe~ gaskets, nuts, bolts, etc.) 6, Hydrarrts needing to be painted ~- 7. Hydrants out of scxvice 8. Hydrants r~quiring replacement :~ ~Tiese s~,mmary r?orts shall list all repairs n~¢ess'~ to retur~ the:fire hydrants to proper workin ! ~°nditi°ll. An ~stimate of cost for these repairs, a~iwell as, th~:~e'requiredfor all;repairs shalI!b~ Shoe.~., ~Metro c~ perform, thCse repairs, as direct~ ~ the AudiO!if the Cit7 sO desires. We currelltly have a contract with th© City of West Palm BeaCh for the services you desire, Metro extends the same pricing schedule to the City of Boynton Beach Fire Department in the amount of $23.00. After reviewing this information, if you a~ .interested in the West Palm Beach contract, just let me know aud I will send the appropriate documentation. I have also been asked to quote you on co]or coding the pumper cap using paint specified by the City. we arc quoting $7 for each cap painted. I understand you are anxious to begin this project. Please, let me know if I may be of further service. Do not hesitate to contact me or any of my associates anytime. I remain, .Mina C. Modlln ME~O SERVICE CONSULTANTS, I~N'C. WBE CERTIFIED BY ~ CITY OF HOUSTON & THE CITY OF AUSTIN, TEXAS HUB CERTIFIED i~' THE STATE OF TEXAS .. ..'.-' ':-:--~-"0~: :':'~':~~'; :?~"::':':':": '." :;!.~,..~ '.'"L::'.":.': '.~- ..7--"; :-~'~' ~' ':, ,': .... ;' ;~ .' .... ' : "' "' ' .~".~ a:.~'5 .~,~' ~. . .~. . ~. . · Septembet'~,.'2001 Mina C. Mod!in,' President& Corporate secretary Metro Service Consultants,-Inc. 16520 Peninsula Blvd.'· Houston, Texas 77015 Subject: Project No. 01649501 sealed Bid NO. 00/01-46 Fire Hydrant .Testing and Audit Notice of Contract Dear'Ms. M0diini-" This letter"Wi'Ii, adVi~'yoU-th..at Metro Service ConsUltants, Inc.. has submitted a bi~! for the SUbi~ proj~(~t ;their ~'~';b~;n" determined to be the' best value' 'to the City for: the constrd:i:;tion services as described in the Invitation to Bid. The City. proiso~es:tO'-~ntract with Mefi'~) Service consultants, Inc. for the work specified in Sealed Bid N~. '..0. E~/01:46 for a tOtal Contract amount of $46,000.00. Your bid will be presented to the Mayor for his approval and authorization to execute a contract with your firm as soon as possible. The City's Engineering Services Division will be advising you of the required insurance and bond submittals, if applicable, so that the contract documents can be .compiled and duly executed. Thank yOu for bidding this project. We look forward to contracting with your firm to accomplish this project. Sincerely, Purchasing and Contmet~ Manager cc: Kenneth Reardan, Director of Public Utilities Chris Helfrich, Assistant Director. of Public Utilities Isaac Kovner, P.E., Senior Project Manager .. VVindel Palmer, Project COordinator ~ ~ - ' ·. ~ "'". ;- , .' ,'"". -' "" - '.; "-; ""*".'.~..-;.:;'~' :"',-:-:,'.'"1045'Chai'lotte Avenue ".' ' '"" ~ .07,~. - "~ "Wesl~Pal'm.Be~Ch, FL 33401 ' [~,;-/~ I [~I~i TEL:' (561) 659-8036.. b"" f 35-o 8 ,'l, Oest CPatm CBeach -~ ~ o~' Addendum Sealed Bid//80/0!-46. · Project NO. 01649501. FIRE HYDRANT TESTING AND AUDIT Each recipient of this Addendum No. 3 to the bid who responds to the bid acknowledges all of the ...... provisions set forth in the Sealed Bid'and agrees-to be bound by'the terms- thereof. 'rl~is · addendum shall modify and beCOme part Of the above referenced Sealed Bid. ' The following changes shall' be made to the bid with the abOve title and number:. 1. - The Technical Specifications have been revised,. The REVISED Technical · ...~. Specifications (pages 1 -9) are attached: "'*~ . ., .. , .,.? ~.' · . of . - 2. The ReviSed SchedUle Bid Items (P;5) has' been revi~ed (revlsed"e°PY attached). The bid due date has-been changed:' From: Wednesday, September 5,200i at.2:00 p.m-' To: WednesdaY, September 12, 2001 at 2:00 p.m.' 'Bidders must acknowledge receipt of this Addendum Number Three in the space prOvided below. This Addendum forms an integral part of.the bid documents and therefOre must be executed. .FatTure to return this addendum With your bid subm~e! may be ca~e for disoualiOcation.. Issued By: City of West Palm Beach signed By..Nora W; Laude~ilk, CPF~ Purchasing Division August 29, 20.01 prOCUrement Official Pdnt Name: /~,',c~ ~. ; FiRE HYDRANT TESTING AND'AUDIT SEALED BID NO. 00101-46 PROJECT NO, 01649501 Pmposal of_ MetrO Service Consultant~, Inc. · (Company Name) -TO: procurement O~dal _ city of West Palm Beach .. West palm Beach, Florida 33401 The undersigned, as Bidder,' hereby declpres that the only persons, company: or parties interested in this proposal or the Contm~t to b*e entered into, as principals, are named herein; and that this pmposai is made without connection with any other person, company or parties making a bid or proposal; and that it is in ali respects fair and:in good faith w;~hout collusion or fraud~ That the Bidder has, carefully and.*to: his full, .a~ac~on examined the Scope of Work, Standard Terms and ConditiOn, General cOnditi°ns ~to COntract, TechaC~l Speciflca~ons, and form of Contract and Bond, if applicable, togetherwith the accompanying plans, and that he has read all addenda issued prior to the opening of the bids; and that he has made a full.examination of the location of the proposed work and hereby'agrees to furnish, unless othenvise provided, all implements, machinery, equipment, tmnsportation,.t°°is'maten;~' supplies, labor and- other things necessary to the prosecution and completion of the work, t.o wit; FIRE HYDRANT TESTING AND AUDIT In accordance with the.Contract Documents pertaining thereto for estimated amou.nt of: . ' : __ ~. "~ ;; -- . - . ($ ~6,o00.oo 5to the C°ntract°r by the City' all in accordance with the requirements and ' provisions of the Contract Documents. . . If awarded the contract the undersigned agrees: .~) to commence to obtain a Performance Bond, Labor and Material Bond, and Certificate of Insurance immediately after receiving a Notice of Contract, and 2) to submit same within ten (10) calendar,days' after Notice .of Contract, and 3) to fully complete all work within ninety (90) calendar days after written Notice,to P.roceed, with 'such extensions of time as are provided for in the General Conditions. CY.SET F ............... . ........ ......................... ~., ..................... The undersigned understands that the contract time starts on date of Notice to Proceed.. There is enclosed a bid guarantee consisting of five percent (5%) of bid price ($ 2 ~ 30O. 00 ). The uridersigned furthermore agree, that, in case of failure on his part to execute said contract and bond Within ten (10) calendar days after being awarded the contract, the check, bond, or other security accompanying his bid and the money payable thereOn, shall become the proPerty Of the CitY, by. forfeit as agreed.and liquidated damages; othenvise the check or bond accompanying is proposal shall be returned to the undersigned. The Undersigned, if awarded ~he contract, agrees to furnish at time of signing of contract, a surety or Performance bond in the amount of 100% of the contract as set forth in "Instructions to Bidders." The undersigned' states that this proposal is the Only ~roposal for this project in which he is interested. The undersigned fUrther agrees to bear the full cost of maintaining all work unb3 tinal accapta ' UBM TTED ' FIRM NAME t4~--~-v~ce. Co~S- a.: . .. - . BUSINESS ADDRESS. [6520 t>ezH'z~sula :S].~,ct ~'O'Soz [46_- C~a==e3.~:Le~. - -_ 1~ouSCoa, T]C- ___ZIP CODE 770[5 SIGNATURE OF RESPONSIBLE OFFICIAL ~ STATE OF INCORPORATION ' . . - ' ' . · FULL NAME AND ADDRESSES OF PERSONS OR PARTIES INTERESTED IN THE FOREGOING BID, AS PRINCIPALS: ADDENDA NO. (S) [, 2, & 3 RECEIVED AND A3-rACHED HERETO ..... ~.,.~ ................. ..';'".'"...":gU~FiC Oe * '.. '..- ..:...., .--: ' · ' . ~; ~-{~i::~ 3': ..' '.'. ~. :*- - · ' - -- .- ~;'~¥~:;~.?~?~.:,~>~,~"~:,t~*-:~:~. . - .:~::.~ ':. :....~., ..-: .;,~.--.: ..*:-..< :<,:-~*-. :,: .... -. .~ ..-..~. . .. . .. . - . , :<:?-.: .' . . " This bid ~ ~ awaked only to a ~nsible b~der quailed b~ ~den~ to provue the wo~ spe~. ~e bidder shai submR the foiling info--on ~ this proposal by ~me~ 'her~o: 1. ~pe~en~ m~ s~ng the bidders t~ning and e~e~en~ in similar ~ 2, A JJ~ and bd~ d~p~on ~ similar wo~.s~a~od~ ~mpleted ~h I~on, d~ d ~n~, n~ and addresses ~ ~nem. 3. A list of equipme~ ~a~l~es avail~b~ to a~mpish ~e wo~ .... '.' Experience Record Metro Service COnsultants, Inc. 0Vletro) was established in 1992. We.are a utilitY service COmpany specializing in fire'hydrants audits, repairs, abrasiv/ blast cleaning, priming'& painting, and preventative maintenance. Metro .. aids utilities in attribute 'gathering, inspection and testing of fire hydrants, as it pertains to your Specifications. 'All our technicians are trained at our facility in HouSton' Texas. They go through identification classes and application' testing classes and aPplication, 'problem identification classes and application and classes and application on other services the Company offers. .. Similar Work I b. ua including five (5) items. If the City desires m?re I can provide: · ' CityofAustin . . 1995, 1996, 1997, 1999, 2000, 2001 (512.91Z6201) . .- jesse':~lba 3907 S Industrial Dr, Austin, TX 78744 . City of Boca Raton 1994, 1996, March & September 2000 (561.338.7302) Cindy Lowery 201 W Palmetto Park Rd' Boca Raton, FL 33432-3795 " Cityofl~riendSwood 1992 - 2001 (281.996.3383) Kaz Hamedian 1306 Deepwood~ Friendswood, TX 77546 Hillsborough County t998, 1999, 2000, 2001 (813.744.5694 x 340) Dale Royals 2218 N Falkenberg Rd, Tampa, FL 33619 The Woodlands/PA: 1992 - 2001 (281.367.1271 X 238) Jim Stinson PO Box 7580, The Woodlands, TX 77387-7580 Equipment & Facilities Metro utilizes one tool to provide the service required. This tool utilizes a pitot mbefor testing, industrial level gl~,¢erine filled gages for accuracy in readktgs and a de, chlorination device in one, as required by your specifications. Our Technicians w°rk in pairs, in cOmPany vehicles, with identifyiag information on the driver's and passenger's doors. We also carry valve key wrenches, in ease a hydrant needs to be shut down at the isolation (shut-off) valve, a probe and a metal detector. ~ i~ pdndpal ~ in ~e C~'d_ and,. a~~ to do b~in~ in ~e State of 'Fl~da, and ~e Ci~ ~'We~ Palm B~ and ~ving an Agent ~id~t ~emi~ su~ Ag~t and Core.ny a~ptable to ~ Ci~ d W~ P~m Bea~ in ~e ~11 ~d ju~ -... DOllars ($ ._ ' ) ~ ~d I~! ~m ~ mo~y ~ ~ UnE~ S~ ~H~, td be paid upon d~nd ~ ~ Ci~ of W~t Palm Bea~, FIo~da, to ~i~ ~ ~11 ~ ~ly to be made ~ bind oumelves, our heir, ex, om, adm~~, and a~igns; jointly ~d jev~lly a~ fi~ly by ~e~e print. ~ER~, ~e PHnd~l is a~ to s~E, or has submiffed to ~e C~:~ W~ Palm B~, Florida a p~al ~r ~e ~~on ~ Pmje~ No. 01649501 - FIRE ~D~T. TES~NG ~D AU D~ for said c~ ~E~S, ~e P~! d~ir~ to file ~is ~nd in a~an~ ~th !~, inlleu of a ~d bidders to, mp y NOw 'EREFoRE; su~ ~ E ~e p~sal ~ a~pt~ ~e P~dpal shall wi~in ten (10) ~iendar days after m~ipt n~on ~ ~e' a~~ ~em~, ex~e a ~n~ in a~~ te~, ~ndEi~s and pH~ set ~ ~erein, in ~e ~ a~ mann~ r~uired by ~e Ci~ ~ West Palm Be~, Florida, and exe~e a.s~de~ and s~a~ Sum~ or Pedo~ BOnd pay~le to'~e C~ We~ Palm B~, Rod~ in ~ ~o~t ~ one hundred per~ (1~%) ~ ~e t~l ~n~ pfi~, as i~i~ed in the P~sal, ~ ~ and ~ s~d~ s~i~o~ to the ~id C~, ~ ~ obligation ~ ~ · void, offie~ {o ~ and'mmai~ in ~r ~ and vi~ ~.1~ .~d .ffie Su~ ~11 ~n f~lum ~'~ Pd~l to ~mply ~ any or all ~ the ~ing requireme~s ~in ~e time spewed ~e i~iate~ ' pay to ~e a~m~id Ci~ u~ demand ~e amou~ he~ in g~d and ~eH~, ~ as a ~ b~ as Ii~id~ danges. .. IN ~s~Mo~ ~EoF, ~e PHncip~l and Sum~ have ~us~ ~ ~esent t° be duly sign~ and Seal~ ~is _d~ ~:. .., 2~1. PRINCIPAL SURETY. · ...... ;L.'- CITY OF,WESTPALM BEACH, FLORIDA" -" · '~'bia'.r~,is" ' i. specUo"' and testing of are hydrants w~in" the C,'/"of we~t 'Pa~,"..-'..' . .costs incurred. "be complete and inclusive of al_i labor, 'peitnitS,. inspecti,on, taxes, -' Beach j r c~st~;' Warranty, 0verhead.and pmfiL..-; : ".-'.. ..1. Fire .Hydrants'AudiL incfudes ' · :' - inspection~ static-and flow testing and ' · fi~llng out fontis: (ExhibitBl-l:'& B2-1)' ~.~ in' accordance with the attached' Scope. ,-. - -' · . 2000, EA.- $ ':.. 23.oo $ /,~, nnn nn - '"' ' xxx Es XXX 2. city permit fees " -. " 'XXX LS XXX $ -o- 3. Mobilization TOTAL BASE. BID Notes: ' · "Small BuSiness'participation for this project is 0% 12[ This is a seventY-five (75) substantial/ninety (90) final calendar day Project. . Liquidated damages are $1001calendar day. . · Het=o Se=v:l. ce Consultants. Inc.. Bid submitted by:. ~ (l~int company nan?) Signature of (title) Responsible Date of Bid opening: 9/[2/01 Telephone. No. End Schedule of Bid Items FIRE HYDRANT TESTiNG' AND' AUDIT · : . ;...;?.: -.:.:.'"! ;..:;.:,'..:. ..'' 'suBsTITUTION'SHEET · : 'PROPOSED" .. ADD DI~DUCT DESCRIPTION oR MAKE SUBSTITUTION · BID ITEM NO. SPECIFIED ' ...-------~ SCHEDULE OF SUBOONTRAOTOR$ · The following is a Complete list Of all sub-contractors to be used fi' the undersigned is awarded the contmc~ for this project: ' Dollar amount of . · NAME & ADDRESS TYPE OF WORK subcontract work $' .$- Awaked to Sub-contractors Signature of ReSponsible OffiCial ' ~ ' Note: The above schedule of sub-contractors vall become a part of the C°ntmct documents. Changes made to the above schedule of subcontractors after the contract has been awarded and .dulY. executed must be submitted in Wrffing to the Public Utilities Department, Enginee~mg Services Division for apprOVal prior to that sub~)n~ct~ performing the work.' ...-- · , . . . ..-.. ~::. :' · · ;;..,::~..:.:...,..... 200 2"a Street~ ~'Floor West Palm Beach, FL 33401 '. TeL (561) 6~9-8029 Fax (561) 6532698 Small Bmine~s Yrogra__m ~'nrficiuafion Statement of Subconffactors raru .p , . Instm~ons: List all the Small Businesses thai will parti¢ipale on this projec~toon!ra~ _Only City Certified small- ~lished for ~is project/contraS' Submit this form'with your bid/proposaL sECTION L General Information Bi.dd~ or proposcr's Name: Metro service consuli:an~s. !nc.. - Mina Modlin ~e: P~:es. & Corp. Sec. Pr~pal~r's Name: Fire-Hydrant Testing & Audit Proj~ ~}~,mb~-. 01649501 Project!amc: - T0talBas~Bid: $46, 000.00 Total Bid (baso bid and al ,tcm~,ifapplicabl¢):$ N/A _ i~'¢ ~ ..~'~! ' .: ............ · -S · . - % % 1. l~one 2. ~ $ 4. ~~ .% 6 .... - % % T. ~ % % ~ $ · . $. ~'. 'Small Business Division 200 ~ Str~*-4, ~ FlOOr ... West Palm Beach, FL 33401 TeL (561) 6~9.-8029 Fax (~61) 6~3-.2698 SmallBus'mess _~. ~r~_m . . · The lvlnnicipal Code requires the S=roll B,_~,iness DivisJo~ tO compile and maintain information on ail subcontractors thst submits bids lbr City projects..PI'ease ~l' out this form with the required informaflor~ .List -ALL subcontractors that -~.."' ;'- ~ · '; o~il.io- or this rom '" ca.seror rejection or?o-r bid/proposal 1) =) ~) ~) 6) 9)¸ West Palm'Beacl~ FL 33401 TeL (561) 659-8029 Fax (~61) 6~-2698 Smau Business P~ Letter of Intent s~ON L ~e~ ~aflon 00/01=46 SE~ON ~ Sm~ Bus~s p~d~fion None None SECTION * IlL Information on the Small Business small Busings 1qatar: Title: Da~: ~eptemher 10, 2001 · Snmll Business Division . · 200 2~a Street, 5a Floor West pnim .Keach, FL 33401 TeL (~61) 6598029 Fax (561) 6~3-2698. '. Small Bminess Pro~ram Affidavit for Payaent' ,i'o_~ with .eao. h~ .e-st/invoice that._y_o.u.m.. _b~. '_t _to . Small Business Payment Information ~) s 4) $.. .~ S) $ $:' CERTIFICATION: Tho .unde~gned certifies that tho SmAll bp-~nossf, es) ~ above have ~-:- .2 pdd or writ be pnlrl been utilized tn accordance with the partici _.~on levels provided by th~ pr#ne contractOr at th~ time of contract and have Been paid for work and mat~als'from prevtous progress paymen~.receivea~ less any retatnag~, prior to rect~ bf any furtaer progress t~tyment~". -. l~r~pa~'s Name: Title: · : Si .~atUm: Date: WITNESS' WHBREOF,' I have hereunto sc, t my hand and seal. Nolary. CONTRACTOR'VEi~i~iCATION FOR _ .'; ' '. . '. '- .. .. " pROJECT N0,""0t649501 "' '" :' ' ' FIRE HYDRANT TESTI. NG AND AUDIT. SEALED BID f/0010'!-46 THE FOLLOWING IS O COMPLETED BY.P IME BIDDE : Nam~ of Firm: Metro .Service Co.~.sult. a~ts, lac. Co.orate T~le: ~ a Blvd (PO Box 146, Cha~melvtew, TX 77530) 16520 Penin~ Adding: ' " 77015 * Houston, ~ ~ ~p C~e) - , '- ' . ?~; ~fi~ name) . ' - T~ep~ne: ( 28~ ~57.2~0~ F~ ( 281)* 457.24i9 , .. . ~/k (A~ACH COP~ ~e' U~nse ~ ~/~ (A~ACH COP~ ~un~ U~nse ~ C~ ~nse ~ ~ed · (~ui~ ~om ~mmen~ment of ~) Ty~ ~ U~nse: ~ Unliml~ _ ~e~no) if "NO', UmE~ to ~ ~de?._ LIST OF REFERENCES ' OWNERS'S NAME PROJECT CONTACT pERSON NUMBER & ADDRESS s]~ ATr_A~ o1~ ~ PACE References: AccOunt: Contact: Hydrants Seiviced Phone #: The Woo~llands J'PA J'tm stinson, P.E. 2400 X 8 years Audit 281/367-1271 Repairs & Painting x. 238 Entire System Management City of Austin, TX Jesse Alba 3000 Audit & Paint 512/912-6201 Under Contract for 1375 -' Additional w/3 year renewal p~:Beach. CoUn~, FL Frank Ferrano,'PE': · 10,000 Audit '561/434-5326"' City of Boca Raton, FL Cindy Lowcry 5,000 Audit &' Repairs 561/338-7302 Hillsborough County; FL Dale Royals 10,000 Audit, 813/744-5694 x. 340 Metr(>Dade County, FL Brent McMahan 1000 Audit & GIS 305/547-7004 CiW of Oeala, .FL .Sm Trautmun Abrasive Blast clean, Prime 352/351-6700 ' & Paint 500 Hydrants for 4 years Orange Utility Commission CliffRussell 2000 Audit 407/649-.4420 · City of DelmY Beach Mike Offie' 2300 Audit & Paint 561/243-7312 Repairs City of Lake Worth /vrtke Thew 2800 Audits over 5 years 561.586.1671 City of Deerfield Beach Craig O'Connor Audit System 954.480.4400 City of West Palm Beach Chris Helfrich All Private Hydrants 561.837.4052 Private Hydrants Additional References Upon Request proprietary Information Mina' C. Modlta ~ ~ing fi~ du~ ~m, 1. ~ya~ P~es S Cozp Sec ~e~o Se~tce-.Co~u]t~t"- Thc' ~eBidder.. ~ - ~e) - (Name ~ Company) ' 'has subm~~'~e ~a~ ~d; 2. He b'~i~ i~~ ~pe~ng ~e pmpa~on and ~n~nts ~ the a~ed ~d and pe~ne~ d~m~n~s rasing su~ Bid; 3. - Su~ Bid ~ genuine and b n~ a ~lusNe or sham Bid; 4. NeEher ~e s~d Bidder nor any ~ ~ offi~m, pa~bm, ownem, agent, mpmsent~, employees or pa~es ~ intem~, including ~is ~a~, has in any ~Y ~aud~, ~ns~'. ~nn~ or'agree, di~ or.in~ ~ any ~her bidder, fi~ or ~mon to submE a; . · or to r~min from bidding tn ~nne~n ~n sucD ~o~= ~llusNe or sham BM in ~nn~ ~ ~e ~n~ ~for Bidder, or to se~m ~mugh any ~llusbn, ~nspimW, '~nn~~ or unl~l ~me~ . any advan~ge .again~ ~e C~ ~ W~ Palm-Be~ Or any pe~n i~e~ in proposed Co~; and 5. The pd~ or pd~s qU~ in ~e ~h~ Bid am fair and proper and ~llusion, ~pim~, ~nnNan~ or un~l ag~ement on the pad Es ~en~,-mpmsent~es, o~em, employs, or pa~es in inte~, ind~ing.~is ~a~ ' (Sign~) . STATE OF FLORIDA COU~ OF'PALM B~CH. " ~efo~oingin~mentwasa~o~~mme~* [otb aa7 of, Sepce~e=, .2001 .. (Da~) * whd is pemonally ~ to me orwho has p~~ Nom~ (p~nt & agn The'~dersigncd vcnd°r in accordance with Florida Statute 287.087 hereby certifics that Netro,,Clervir,_~. Cnn~l~l t~nr.~_ Tnt. - ' do~$: (Name of B~siness) 1. lh~bli~h a statemen~ notifying employees that the unl~ manufacture, dism~ufion~ distxmsing, possession, o~ me of a controlled Substanee is proh~"oited in the workplace and specifying the actions that will be ~ employees for v/ohfion of tach prohibit/o~ 2J Inform employees about the dan~ers of drug abuse/n the workplace, the bm/ness's pol/cy of maintaining a drag-free workplace, any ava/lable drug ooumel/ng, rehabil/tation~ and cmployee ass/staa .co programs, and the penalties that may be/mposexi upon employees for drug abuse violations. 3. G/ye each emPloyee engaged/n Providin~ the commod/ties or con~ servic~ that are ,under b d a Copy'bfthe statement sp~c/fiedin s~bsect/on (!.): :~ ' ~: .. 4. "~ In the ~nt sp/~i/ied in sub~¢ction (1), no~. the employe~ tl~at, as a cond/fion"°f work/ng on th~ corn .mod/ties, or contra~al s~'vice~ that are underbid, the employee w/Il abide by the term.~ of the ~ent, and w/l/not/fy the employer of any convict/on of, or Plea of gu/lty, or nolo..contendere ito any v/olafion of Chapter 1593, or of any controlled substance law of the United S~te.s, or any s/ate~ for a v/olafion o~urrint in the workplace no later than five (5) days after such COnviction 5. Impose a sanction on, or r~aire the satisfactory partiCi~on in a drug abuse assistance, or . rehabilitation program, if such is available in the employee's community, by any emPloyee who/s so convict~ 6. Make a good faith, effort to continue to ma/main a drug-free workplace through implancat~ion of.this sectioa As the person authoriz~ t.o sign the statement, I certifY that thi~ finn complies fully with the above September 10, 200i Date V.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM C.2. AGENDA ITEM REQUEST [] 8q~mb~r 2, 2003 August lg, 2003 (Noon) [] Nov~ml~r 5, 2003 October 20, 2003 (Noon) [] 8q~-mber 16, 2003 Sq~temb~ 2, 2003 (Noon) [] Nov~nb~r 18, 2003 November 3, 2003 (Noon) [] Administrative [] I.~gal NATURE OF [] Announ~ment [] N~w Business AGENDAITEM [] City Manager's ~port [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept negotiated rates of compensation for services, and authorize by resolution the execution of a contract with each of the twenty final, acceptable, qualified firms that responded~_~o the Request for Qualifications (RFQ) #065-2821-03/CJD, "Two-Year Contract fm~Ge~l~q~d Consulting and Engineering Services for the City of Boynton Beach". EXPLANATION: RFQ #06~-2821-03/CJD was issued on May 11, 2003 by Procurement Services a.~l snbmii~ls received on June 17, 2003. This RFQ was issued to secure the sery~ces of consultants/engineers for assignments logically tied to the developmen(', maintenance of the City of Boynton Beach Utilities Department. It is also intend~I for use other departments as applicable. On September 16, 2003, Commission approved a short list of top rankiqg qualifiers, by Scope of Service, and granted the Utilities Department approval to conduct negotiRtions for compensation of services according to Florida State Statute #287.0~$, Consultants' ComPetitive Negotiations Act (see Attachment No.1 for the Commission approved short list of the twenty firms,). Certified letters were mailed to the firms referenced in Attachment 1 on September 17, 2003, notifying them of their approval, by Scope(s) of Service. The firms were requested to complete a detailed outline of their compensation rates along with a description of each professional classification/position title. S:~BU-LLETIN~ORMb~kGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The Water Resources Leadership Team OVRLT) evaluated the compensation rates for each classification. It was determined that it would be in the best interest of the City to establish an upper limit of 20% above the overall average for each classification as the maximum allowable rate for negotiation purposes. Any firm exceeding the maximum allowable rate was given an opportunity to negotiate a rate between the overall average and the maximum allowable rate outlined above. Firms with rates equal to or below the maximum allowable rate, per classification, were notified and a copy of their Consultant Agreement that will be executed upon Commission approval was sent for their review. The Utilities Department has completed the negotiations and all twenty firms have agreed to the rates of compensation for services for a two-year period as defined in the individual contracts. FISCAL IMPACT: The Fiscal Impact will not be determined until individual task orders are assigned to the firms based on the needs of a given project. The Utilities Department has projected an estimated $80,000,000 budget for Capital Improvement Projects over the next five (5) years. ALTERNATIVES: The Commission has two (2) alternatives: 1) Approve the negotiated rates of compensation for services and authorize the execution of contracts; or 2) Make a recommendation to conduct further rate negotiations. ~ ~ Dale S. Suger~lan "Kurt Bressner Assistant City Manager City Manager Utilities ~ Department Name City Attorney / Finance / Human Resources bc: Dale Sugerman, Assistant City Manager WRLT, Utilities Bill Atkins, Procurement Services File S:~BULLETINLFORMS~GENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: November 12, 2003 TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Award of Contracts for Engineering Services Attached you will find a descriptive outline of the four component parts (Scopes A-D) of the type of engineering work trhat would be undertaken by engineering firms, once those contracts are awarded by the City Commission. I have also attached an outline of the MBE/WBE status of the firms being awarded the contracts. Please let me know directly if you have any questions or if you need any additional information. Dale S. Sugerman Assistant City Manager SCOPES OF SERVICES Request for Qualifications, RFQ #065-2821-03/CJD Two-Year Contract for General Consulting and Engineering Services SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT Low pressure membrane softening and low pressure reverse osmosis plant expansions. · Low Pressure Membrane Softening Low Pressure Reverse Osmosis · Nanofiltration · Anionic Exchange · Lime Softening · Other Related Services SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES Water use permitting, wellfield improvements and redevelopment, deep injection well maintenance/repair, locating/installing surficial wells, aquifer storage & recovery (ASR) well development, Floridan aquifer wells, and multi-use wells for ASR/Floridan supply. · Well Redevelopment and Modification · Bringing Existing Wells to Production · New Surficial Wells · Locating and Installing New Floridan Aquifer Wells · Wellfield Improvements · Aquifer Storage & Recovery (ASR) Well Development · Deep Injection Well Maintenance and Repair · Multi-purpose ASR/Floridan Wells · Wellfield Protection · Wellfield Flow Analysis · Other Related Services SCOPE C: INFRASTRUCTURE IMPROVEMENTS Water service lines, water main and sanitary sewer line replacement, interconnections, inflow & inf'fltration studies and repair, stormwater lines, outfalls, surface restoration, neighborhood restoration improvements, sidewalks and park amenities. · Water Main Replacement · Interconnections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infiltration Studies/Repair · Wastewater Pump Station Rehabilitation/Expansion & Analysis SCOPES OF SERVICES Request for Qualifications, RFQ #065-2821-03/CJD Two-Year Contract for General Consulting and Engineering Services · Pump Sizing/Expansion/Improvements · Stormwater Management · Swale and Drainage Development/Improvements · Outfalls · Roadway and Transportation · Neighborhood Improvements · Lighting · Sidewalks · Park Amenities · Other Related services SCOPE D: ANCILLARY STUDIES and SERVICES Rate analysis, revenue bonds, risk management, vulnerability assessments, Clean Air Act compliance, NPDES permitting, consumer confidence compliance, process controls & instrumentation and supervisory control & data acquisition. · Rate Analysis · Accounting Procedures · Revenue Bonds · Risk Management · Employee Training · Performance Measurement & Organizational Management · NPDES Permitting · Vulnerability Assessments · Master Plan Updates · Clean Air Act Compliance · Consumer Confidence Report · Consumer Satisfaction Survey · Wastewater Capacity Analysis · Hydraulic Analysis · Power Analysis · Geographic Information Systems · Aerial Photogrammetry & Photography · Process Controls & Instrumentation · Data Acquisition and Control Services (DACS) · Supervisory Control & Data Acquisition (SCADA) · Other Related Services MINORITY, WOMEN OWNED BUSINESS AND SMALL BUSINESS STATUS Request for Qualifications, RFQ #065-2821-03/CJD Two-Year Contract for Consulting & Engineering Services Firm Name Minority/Women/Small Business Declaration 1. Arcadis, G & M None of the above N/A 2. Boyle En~neering Corporation None of the above N/A 3. Brown & Caldwell None of the above N/A 4. Camp Dresser & McKee, Inc. None of the above N/A 5. CH2M Hill, Inc. None of the above N/A 6. Craig A. Smith & Associates None of the above N/A 7. Crossroad En~neering Yes/Certified/Minority M/WBE 8. Global Tech, Inc. None of the above N/A 9. Hartrnan & Associates, Inc. None of the above N/A 10. Kimley-Hom & Associates, Inc. None of the above N/A 11. LBFH, Inc. None of the above N/A 12. Lawson, Noble & Webb, Inc. None of the above N/A !3,' Marc° En~neeriiig Yes/Certifie~Ority ~E !4._: i Mathews Consulting Yes/Certified/Women Owned WBE 15. Metcalf & Eddy, Inc. None of the above N/A 16. PBS & J Corporation None of the above N/A 17. SFRN None of the above N/A 18. Stanley Consultants, Inc. None of the above N/A 19. URS Corporation None of the above N/A 20. Wantman Group, Inc. None of the above N/A A responding firm/business is not considered a minority owned business if it only engages the services of a minority sub-consultant. DBE Disadvantaged Business Enterprise MBE Minority Business Enterprise M/WBE Minority/Women Owned Enterprise SBE Small Business Enterprise SDB Small Disadvantaged Business WBE Women Business Enterprise RESOLUTION NO. R03 · A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING TWENTY COMPANIES AS GENERAL CONSULTANTS FOR ENGINEERING SERVICES; ACCEPTING NEGOTIATED RATES OF COMPENSATION FOR SERVICES; AUTHORIZING EXECUTION OF CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, .upon of staff, hereby deems it to be in the best interests of the citizens and of the City of Boynton Beach, to designate twenty engineering finns as being ualified to provide consulting engineering &ork for the City's Utility Department, and to negotiated rates of compensation for services, and authorize execution of contracts each of the twenty (20) companies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA,.THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does designate the following twenty engineering firms as being qualified to provide g engineering work for the City's Utility Department, accepts the negotiated rates of for services, and authorizes execution of agreements, as follows: Arcadis, Geraghty & Miller; Boyle Engineering Corporation; Brown & Caldwell Camp Dresser & McKee, Inc.; CH2M Hill, Inc.; Craig A. Smith & Associates; Crossroads Engineering, Inc.; Global Tech, Inc.; Hartman & Associates, Inc.; Kimley-Hom & Associates, Inc.; LBFH, Inc.; :\CA\RESO',Agreements\Consultant- Engineering Services 110403.doc Lawson, Noble & Webb, Inc.; Marco Water Engineering; Matthews Consulting, Inc.; Metcalf & Eddy, Inc.; PBS & J Corporation; SFRN, Inc.; Stanley Consultants, Inc.; URS Corporation; Wantman Group, Inc.; Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of November, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk Seal) ;:\CA\RESO~Agreements\Consultant - Engineering Services 110403.doc TWO (2) YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH RFQ ~)65-2821-031CJD COMMISSION APPROVED SHORT LIST CommiSsion Agenda September 16, 2003 Attachment No. I SCOPES OF SERVICES Scope A Scope B Scope C Scope D NAME OF CONSULTANT I Arcadis, Geraghty & Mil'ler X x 2 Boyle Engineering Corporation X 3 Brown & Caldwell X X 4 Camp Dresser & McKee, inc. x 5 CH2M Hill, Inc. X X X X 6 Craig A. Smith & ASSociates X '7 Crossroads Engineering, Inc. X 8 Global Tech, InC. X X X X 9 HaRman & Associate~, Inc. X X 10 KimleyTHom & Associat, es, Inc. X , X x 11 LBFH, Inc. X 12 Lawson, Noble & Webb, Inc. X 13 Marco Water Engineering X 14 Mathews Consulting, Inc. X 15 M.etcalf & Eddy, Inc. X X X 1'6 PBS & J Corporation X 17 SFRN, Inc. X X 18 Stanley Consultants, Inc. X 19 URS CorporatiOn X , X 20 Wantman Group, Inc. X Page 1 of 1 AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and (Consulting Firm Name), hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the City issued a Request for Qualifications invitation for Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; and WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055, the Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on , 2003, accepted the City Administration's recommendation and designated Consultant as one of (X) qualified consulting firms for Scope (X) to provide general engineering services to the City; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications invitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true and correct. CA-1 2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general engineering consulting services under a continuing contract with the City whereby the Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on written request by the City, will provide professional engineering services to the City for: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. For engineering work of a specified nature as hereinafter identified in the scope of services and as requested by the City with no time limitation, or D. Design build projects 3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified projects at the request of the City during the term of this agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of (X) consulting firms which will be assigned projects listed on Exhibit "A" and that the City has made no representation or promise regarding which projects or the number of projects that will be assigned to Consultant. 4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, unless an extension of such time is granted in writing by the City. 6. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made based on the hourly rates as provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be adjusted in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. CA-2 d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made if executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of the Consultant, shall be at the City's sole risk. WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City that it is competent to engage in the scope(s) of services contemplated under this agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. Consultant's services shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professional practicing under similar conditions. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use, that may result from this Agreement or out of the services or goods furnished hereunder. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. The general liability policy shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to the City. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. CA-3 INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deduction federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or ay other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. CA-5 DATED this ~ day of ~, 20 CITY OF BOYNTON BEACH Kurt Bressner, City Manager Consultant Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 04/08/03 CA-6 EXHIBIT "A" Scope(s) of Services - to be determined SEE EACH INDIVIDUAL CONTRACT FOR SCOPE DEFINITION SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES SCOPE C: INFRASTRUCTURE IMPROVEMENTS SCOPE D: ANCILLARY STUDIES AND SERVICES EACH INDIVIDUAL CONTRACT IS AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE. CA-7 EXHIBIT "B" Labor Rates ..... to be determined SEE EACH INDIVIDUAL CONTRACT FOR LABOR RATE SCHEDULE. EACH INDIVIDUAL CONTRACT IS AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE. CA-8 V.-CONSENT AGENDA WEM C.3. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve Resolution for authorized signers for all City accounts at Bank of America. Authorized signers are Diane Reese, Director of Finance; Bill Atkins, Deputy Director of Finance; Mary Munro, Budget Coordinator and Mayor Taylor. EXPLANATION: Due to the change in Mayor's we need to complete a new Resolution that adds Mayor Taylor's name to the list of authorized signers. All City checks require two (2) signatures. One (1) signer from the Finance Department and the other signer is the Mayor. PROGRAM IMPACT: Checks will continue to have former Mayor Broening's signature until this Resolution is approved and forwarded to the Bank. FISCAL IMPACT: None ALTERNATIVES: None Department Head's Signature City Manager's Signature Department Name City Attddney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A RESOLUTION TO AUTHORIZE INDIVIDUALS TO SIGN FOR ALL CITY ACCOUNTS AT BANK OF AMERICA, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to in the best interests of the citizens and residents of the City of Boynton Beach, to authorize following individuals as signers for all City accounts at Bank of America; Mayor Jerry Diane Reese, Director of Financial Services, Bill Atkins, Deputy Director of Services, and Mary Munro, Budget Coordinator. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: ',ection 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being and correct and are hereby made a specific part of this Resolution upon adoption hereof. The City Commission of the City of Boynton Beach, Florida does hereby execution of the Resolution opening and maintaining deposit accotmts and services which is attached hereto as Exhibit "A." This Resolution shall become effective immediately upon passage. k\CA\RESO~,greements~Authodzing Signatures Bank Amercia.doc PASSED AND ADOPTED this __ day of November, 2003. CITY OF BOYNTON BEACH, FLOR]DA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk Seal) Bank Amercia.doc *'Bank of America. Certified Copy of Unincorporated Association Resolutions ~XOFA~4nUC%N,~ff~ Openin~ and Maintainin~ Deposit Accounts and Services Name of Unincorporated Association CITY OF BOYNTON BEACH !, the undersigned, hereby certify to BANK OF AMERICA, N.A. that 1 am the Secretary/Assistant Secretary and the designated keeper of the records and minutes of · CITY OF BOYNTON BEACH an unincorporated association whose principal address is in the State of F 1 o r ida (the "Association"); that I have full authority to manage, represent, sign for and bind the Association, that the following is a true copy of resolutions duly adopted by the governing body of said Association at a meeting duly held on the day of , at which a quorum was present and acted throughout or adopted by the unanimous written consent of the governing body; and that such resolutions are in full force and effect and have not been amended or rescinded. I. Resolved, that BANK OF AMERICA, N.A. (the"Bank") is hereby designated as a depository of the Association and that deposit accounts and/or ame depostts (CDs) be opened and ma,ntmned tn the name ofth,s Association with the Bank in accordance with the terms of the Bank's Deposit Agreement and Disclosures and the applicable mles and regulations for such accounts; that any one of the following Authorized Representatives of this Association: Diane Reese Director of Financial Services Name Title · Bill Atkins Deputy Director o.f FS. nancial Services Name Title 14ary l~lunro B!cdget Coordinator Name Title Jerry Taylor l~layo r Name Title is hereby authorized, on behalf of this Association and in its name, to execute and to sign any application, deposit agreement, signature card and any other documentation required by the Bank to open said accounts; to sign checks, drafts, notes, bills of exchange, acceptances, time deposits (CDs) or other orders for payment of money; to endorse checks, drafts, notes, bills, time deposits (CDs) or other instruments owned or held by this Association for deposit with Bank or for collection or discount by the Bank; to accept drafts, acceptances, and other instruments payable at the Bank; to place orders with the Bank for the purchase and sale of foreigu currencies on behalf of this Association; to execute and deliver an electronic fund transfers agreement and to make transfers or withdrawals by electxonic transfer on behalf of the Association; to obtain an access device (including but not limited to a card, code, or other means of access to the Association's accounts) that may be used for the purpose of initiating electronic fund transfers [Association agrees and acknowledges that neithe~ the Electronic Funds Transfer Act (15 U.S.C. 1693 et seq.) nor Regulation E (12 C.F. IL Part 205) are applicable to any such access device]; to establish and maintain a night deposit relationship; to execute and deliver a wire transfer agreement and to request, or to appoint or delegate from time to time such persons who may request, wires of funds; to enter into any agreements with the Bank for the provision by the Bank of various Treasury Management services to this Association as such Authorized Representative may determine, in his or her sole discretion, and to sign any and all documents and take all actions required by Bank relative to such Treasury Management services or the performance oftbe Association's obligations thereunder, and that any such Treasmy Management agreement(s) shall remain in full force and effect until written notice to terminate given in accordance with the terms of any such agreement shall have been received by the Bank and that such termination shall not affect any action taken by the Bank prior to such termination; to rent or lease a safe deposit box from the Bank, to execute the rental agreement or lease, to enter the safe deposit box and to terminate the rental agreement or lease; to take whatever other actions or. enter into whatever other agreements relating to.the, aecountSsuchOr investment of funds in snch accounts with the Bank and to execute, amend, supplement and deliver to Bank such agreements on behalf of the Assocmt~on upon terms and conditions as such Authorized Representative may deem appropriate and to appoint and delegate, from time tO time, such person(s) who may be authorized to enter into snch agreements and take any other actions pursuant to such agreements in connection with said accounts that the Authorized Representative deems necessary; and to waive presentment, demand, protest, and notice of protest or dishonor of any check, note, bill, dra~ or other instrument made, drawn or endorsed by this Association; and 2. Further Resolved, that the Bank be and is hereby authorized to honor, receive, certify, pay or exchange for money orders or other instruments all instruments signed in accordance with the foregoing resolutions even though such payment may create an overdra~ or even though such insmnnems may be drawn or endo~ to the order of any Authorized Representative signing the same or tendered by such Authorized Representative or a third patty for exchange or cashing or in payment of the individual obligation of such Authorized Representative, or for deposit to such Authorized Representative's pemmal account and Bank shall not be required or be under any obligation to inquire as to the cimumstances of the issuance or use of any instrument signed in accordance with the foregoing resolutions or the application or disposition of such instrument or the proceeds thereof; and, further, that the Bank is authorized to honor any instructions regarding withdrawals, orders for payment or transfer of funds whether oral, by telephone or electronic means if such withdrawal, orders or transfer are initiated by an Authorized Representative; and 3. Further Resolved, that the Bank be and is hereby requested, authorized and directed to honor and to treat as authorized, checks, drafts or other orders for the payment of money drawn or purportedly drawn in this Association's name, including thuse payable to the individual order of any pe~on whose name appears thereon as signer thereof, when bearing or purporting to bear the facsimile signature of an Authorized Representative authorized in the foregoing resolutions and other orders regardless of by whom or by what means Bank shall be entitled to honor, to treat as authorized, and to charge thrs Assocrat~on for such checks, drafts, or specimen duly ccntified to or filed with the actual or purported facsimile signature thereon may have been affixed thereto, if such signature resembles the facsimile the Bank by the Secretary or Assistant Secretary or other officer or an Authorized Representative of this Association or if snch facsimile signature resembles any facsimile signature previously affixed to any check, draft, or other order drawn in the Association's name, which check, draft, or other order was accepted and paid without timely objection by the Association, thereby rafi~ting the use of such facsimile signature; and the Association hereby indemnifies and holds the 'Bank harmless against any and all loss, cost, damage or expense suffered or incurred by the Bank arising out of or in any way related to the misuse or unlawful or unauthorized use by a person of such facsimile signature; and Page I of 2 00-14-9011MW 06-1999 4. Further Resolved, that endorsements for deposit may be evidenced by the name of the Association being written or stamped on the cheek or other instrument deposited, without designation of the party making the endorsement, and Bank is authorized to supply any endorsement on any instrument tendered for deposit or colleetion; and 5. Further Resolved, that the Secretmy or Assistant Secretary or other duly authorized officer of this Association shall certify to the Bank names and signatures of persons authorized to act on behalf of this Association under the foregoing resolutions and shall from time to time hereafter, as changes in the identity of said Authorized Representatives are made, immediately report, furnish and certi~ such changes to Bank and shall submit to Bank a new account signature card reflecting such change in order to make such changes effective and Bank shall be fully proteeted in relying on such certifications and shall be indemnified and saved harmless from any claims, demands, expenses, losses, or damages resulting from, or growing out of, honoring the signature of any Authorized Representative so certified, or refusing to honor any signature not so certified; and 6. Further Resolved, that the foregoing resolutions shall remain in full force and effeet and the authority herein given to all of said persons shall remain irrevocable as far as Bank is concerned until three (3) business days after Bank is notified in writing of the revocation of such authority and that receipt of such notice shall not affect any action taken by the Bank prior thereto; and 7. Further Resolved, that all transactions by any Authorized Representative, officer or employee of this Association on its behalf and in its name with Bank prior to the delive~ to Bank ora ceRified copy of the foregoing resolutions are, in all respects, hereby ratified, confirmed, approved and adopted; and 8. Further Resolved, that the Secretary or Assistant Seeretary be and hereby is, authorized and directed to certify these resolutions to Bank and that the provisions hereof are in conformity with the Articles 0fAssociation Charter, Rules and Bylaws of this Association. In Witness Whereof, and intending to bind the Association, I have hereunto subscribed my name, as the Seeretary of this Association, this day of Secretary/Assistant Secretary Bank Information Date: · 11 / 07 / 2003 Banking Center Name: SE Commercial Banking Associate's Name: Carol Encke Associate's Phone Number:. 941 . 745 . 3040 Page2 of 2 V.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM F AGENDA ITEM REQUEST FG vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (N~) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noor~ [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (No [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (N [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the November 18, 2003, City Commission Agenda under Consent Agenda. Staff recommends that the City Commission approve the petition from Anthony Diodato representing Dependable Car Service vehicle for hire business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3. EXPLANATION: Request for Certificate of Public Convenience and Necessity for Dependable Car Service, vehicle for hire service. Pursuant to city codes, Chapter 24 "Taxicabs", prior to operation these uses must obtain approval from the City Commission through granting ora Certificate of Public Convenience and Necessity. A notarized application has been attached for commission review, which indicates that the business consists of one (1) employee; that it will operate at 2601 Aspen Way, Boynton Beach, and that it will provide services within Boynton Beach city limits. The vehicle will be kept at applicants' home address. There are currently eight (8) other limousine-taxi businesses licensed to operate within the city, with a total of eight (8) vehicles. Due to the specialized nature of these businesses, and the limited extem of public transit routes within the city and county, the subject business would not represent an excessive service. PROGRAM IMPACT: N/A FISCAL IMPACT: Increased Occupational License revenues of $125.00 (1 vehicle) annually. ALTERNATIVES:~To deny the petition for a certification of Public Convenience and Necessity. Deve~ol~ent ~epm'tment ~rector Y2iiy Manager s ~ignature · P~-am~g a~d Zom/l~"~or City Attorney / Finance / Human Resources S:\Occupational~.genda Items~Dependable Car ServiceXAgenda Item Request Form Aug 5~Nov 18, 2003.dot OFFICE USE ONLY www.boYnton-beach.orq Lic. ~ Occupational Ucense Class. # (561) 742-6360 City of Boynton Beach Fee $ '~ ~' (561) 742-6364 - FAX Occupational License Application uc. Date areas need to be Write "N/A" if item ts 1. Name of Business (DBA): ~)~ M {~ ~3¢,.~ LE '"' 2. Corporation Name: 3. Business Address: ~ Gi~L A,,~ PL~./~ ~ /~'"~ 4. Mailing Address: /V' / 5. City, State, Zip: ~"~ 0 cl,'J"~'O~'') 'r6 (~,/~ -¥, ]~L.- 3,~O' PCN 6. Business Phone Number: .... '7 ~ -,['- 7 0 7 Business Fax Number: 7'FederalEmpl°yerldentificati°n°rS°cialSecurityNumber: X 6~/'L'~'''' 7_.,,~ - ~'(-~'~ 8. Name of Property Owner/Agent: ~ i~ 0 ~ ('~( State: ~--/--- ZIP: ~.~ ''/' lO. Owner/Officer'sName: A/d'~)/v~, ~ (,00~ Title O(.~J~e 11.Owner's Address: ,,.,~ ~ 0 ( ~.~ p~./~ 12. City ¢"~ 0 ~"(~"1~ ,~ A ~-- ~¢~--, ~ State .~Z (... ZIP , 3. Corporate Address: ~'~[~ 15. Corporation/Partnership Contact Name: /~J//' ~ 16. Contact Person's Title: ~///~V Phone: /~i//,~'--- Fax: 17. Florida Certification or Palm Beach County Competency Number ; ~ ~/~ Describe deta, the nature o the bus ness: 0 bJ -J ' L t i - 19. Describe previous business use in this location: /l J0,J ~- 20. Gross Square Feet of Floor Area as reflected in your lease/floor plan: f~ ~ 21.(Retail Sales) Retail value of inventory: ///~22.(NursingCarelACLFIApts/HotellMotellRentalproperty) Number of rooms ~/4~//"~F 23.(Wholesale only)Wholesale value of i/,)f/°l- 24.(Coin Op. Laundry & car washNendingJBilliards) inventory: Number of Machines/Tables 25.Theaters)(Restaurants/Sal°ns/BarberNumber of Seats/StationsSh°ps/M°vie 26. Capacity(B°ats - Recreational/Commercial) Passenger 27. (Trucking/towingltransportationllce 28. (All Businesses) Number of employees (including Cream/Lunch wagons) Number of Vehicles I owner) 29.Total number of parking spaces allotted for use by this business (off-street only) Yes No Yes No 32. Does your business require outside storage? / 33. Do you store inventory off-site? 34. Is this a Dead Storage Facility? 35. Are you claiming exemption? 36.Will your use require remodeling or renovation? / 37. Is Health Department approval required? (attach) 38. Is this a home based business? / 39.Was this business previously licensed in Boynton? 40.Will you use, handle, store or display Hazardous Materials or generate Hazardous Waste? *Certain business and professions must/.~bmit a deed, lease agreement or letter of sharing and other additional information. License contractors must also supply Palm Beach County compete~Y./~?a~tact our office for specific infomlation. (561)742-6360 Applicant's Signature: ( (jJ/~./[~_.~-~' Date: \ O- '~,.-")- ~ 3 S:\Development\OL\Forms\PDFs L~App.doc (rev. 2-03; 6-03) CITY OF BOYNTON BEACH OCCUPATIONAL LICENSE HOME OCCUPATION CONDITIONS & AFFIDAVIT OF AGREEMENT The Boynton Beach permits Home Occupations within residential districts subject to compliance with Chapter 2, Zoning Section 11~D. > Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of the activity takes place within a structure, and where the principal use is for residential purposes. > In order for any home occupation to be permitted or continue to be permitted, the following performanCe-standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupational license: 1. The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. 2. 'A home occupation Shall only be conducted within twenty (20) percent of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. 3. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only be the type of occupation which does not involve client business visits to the homel and is typified by business transactions conducted by telephone, mail, or off premises of the licensed address. (The giving of individual instruction to one (1) person at a time,-such as an art or piano teacher, shall be deemed a home occupation). 4. No equipment or Process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, our electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence or outside the dwelling unit if conducted in Other than a single family residence. In the case of electrical interference no equipment or process shall be used which creates visual or audible interference in any radiO or television receivers off the premises. 5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off street parking which complies with Chapter 23, Parking Lots. 6. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection 2 above and Shall not be visible from adjacent residential units. . ~i~. ~Lo~_~ pOWer & Light Company ~ ~_~ ~~~{J~'~__~ / ~ i:~. x. 025576 V Miami, FL 33102 i .To ~ Fewer Oulie..c 1-W).40'~E~ Division of Corporations Page 1 of 1 DEPENDABLE CAR SERVICE 2601 ASPEN WAY BOYNTON BEACH, FL 33436 Document Number Status Date Filed G97232000176 ACTIVE 08/20/1997 Expiration Date Current Owners County 12/31/2007 000000001 PALM BEACH Total Pages Events Filed FEI Number 000000003 000000002 05-4282018 View Filing History Owner Information Document Images Listed below are the images available for this filing. [~ -- 02/05/2002 -- RENEWAL [G01257900022 -- 09/14/2001 -- EVENT FILING TItIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://w.../ficidet.exe?action=DETREG&docnum=G97232000176&rdocnum=G9723200017 9/3/2003 CITY OF BOYNTON BEACH APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: APPLICANT INFORMATION: LOCATION OF PROPOSED DEPOTS ~D TE~INAL: EXPERIENCE OF APPLICANT IN THE TRANSPORTATION OF PASSENGERS: ANY FACTS WHICH THE APPLICANT BELIEVES TEND TO PROVE THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE GRANTING OF A CERTIFICATE: %- ce_. THE TOTAL NUMBER OF VEHICLES TO BE OPERATED OR CONTROLLED BY THE APPLICANT: THE NUMBER OF VEHICLES TO BE OPERATED BY THE APPLICANT IN THE CITY OF BOYNTON BEACH: ~cono~ SEMEN[ O~ INSIGNIA TO BE USED: Il ~b~{ ' NAME OF INSURANCE CARRIER (ATTACH CERTIFICATE OF INSURANCE MADE ~OUT TO THE ___~T~YOF B_OYNTON BEACN~ . ACORD. CERTIFICATE OF LIABILITY INSURANCE OP,D ANTHO- 9 ! 10/22/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TIB Transportation Ins. Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1515 South Orlando Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland FL 32751 Phone: 407-740-5383 Fax: 407-740-5386 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Lancer Insurance Company 26077 INSURER B: Dependable Car Service INSURER C: ~26D 1 .Asp~_n Way ...... INSURER D: ~oyn=on ~each ~',. ~..~o INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. auo POLICY EFFECTIVE POLICY EXPIRATION i~ INS~ TYPE OF INSURANCE POLICY NUMBER DATE (MMfDDP(~ DATE (MM/DDP~ LIMITS GENERAL MABIL[TY EACH OCCURRENCE $ 500, 000 A X X COMMERCIAL GENERAL LU%BILITY GL155968 10/21/03 10/21/04 U^M~= ,U~N,~U PREMISES (Ea occurence) $ 50 , 000 I CLAIMSMADE [] OCCUR MEO EXP (Any one person) $ 000 PERSONAL &ADV INJURY $ 500 ~ 000 GENERAL AGGREGATE $ 500 ~ 000 GE~L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ EXCLUDED ~ PRO- IPOLICY I I JECT ~ LOC AUTOMOBILE LIABILfTY COMBINED SINGLE LIMIT A X ANYAUTO BA156117 10/21/03 10/21/04 (Eaacddwnt) $ 500,000 ALL OWNED AUTOS BODILY INJURY $ ! X SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON43WNED AUTOS (Per acddent) PROPERTY DAMAGE $ (Per accident) GARAGE LIABIU~Y AUTO ONLY - EA ACCIDENT $ I ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS~JMBRELLA LIABIUTY EACH OCCURRENCE $ IOCCUR ~ CLAIMS MADE AGGREGATE $ $ I DEDUCTIBLE $ RETENTION $ $ WC SIA,U-I O/H- WORKERS COMPENSATION AND TORY LIMF~S I ER EMPLOYERS' L~kBILJTY E.L. EACH ACCIDENT ANY PROPRIETOPJPARTNEPJEXECUTIVE OFFICEPJMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ Ifyes, descdbe under SPEC~d_ PRO%qSIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERA%qONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The certificate holder is added as additional insured but only to the extent that the certificate holder is liable for the conduct of the named insured. Vehicle scheduled:2000 Lincoln Towncar Vin#lLNHMB1WBYY799219 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA~]O~ BOYN- 0 DATE THEREOF, THE ISSUING INSURER ~LL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CER~FICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHA' City of Boynton Beach IMPOSE NO OBLIGA~ON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 100 E.Boynton Beach Blvd. REPRESENTATIVES. Boynton Beach FL 33425-0310 ACORD 25 (2001108) © ACORD CORPORATION 1988 ORDINANCE AD The following proposed ordinances that are published by cap~ion only were read on First Reading at the Regular CiW Commission meeting of the CiW Commission of the CiW of Boynton Beach, Florida on Tuesday, OCTOBER 21, 2003 AT 6:30 p.m. These ordinances shall be presented for proposed enactment by the Cib/ Commission at the Regular CiW Commission meeting to be held at Cib/Hall, in the Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, Florida on Wednesday, NOVEMBER 5, 2003. ORDINANCE NO. 03- O AN ORDINANCE OF THE CITY OF BOY'NTON BEACH, FLORIDA AMENDING CHAPTER 14 MOTOR VEHICLES AND TRAFFIC, SEC. 14-5. TO INCLUDE "STORAGE"; CREATING NEW SUBSECTIONS (4) AND (5); PROVIDING FOR THE PROHIBITION OF PARKING OR STORAGE' OF VEHICLES IN THE PUBLIC RIGHT OF WAY OR WITHIN FWE FEET OF THE ?UBLIC RIGHT-OF-WAY; PROVIDING FOR CONFLICTS, SEVEKABILITY, CODIFICATION AND AN EFFECTIVE DATE. ORDINANCE 03- AN ORDINANCE OF tZ-m crrv CO~[YaSSlON OF ~ C~ O~ BORON BEACH, ~O~A EST~L~G A L~ED E~Y ~T~ ~C~~ PR~~; PRO~G ~Q~~S FOR P~C~A~ON; PROLOG C~~ FOR QU~CA~ON; ~PRO~G ~ ISS~G A STATE~ OF A~~ ~ACT; ~PRO~G ~ FO~ ~~~OU TO ~H a coPY TO ~S~C~ ~O~a ~0~ S~~~. CO~~ __ ~/~, Inter~ paffi~ may ap~ar at ~id m~ng and ~ heaffi wi~ r~ to ~ pro~ ordinances. Subj~ offiinanc~ may ~ ins~ by ~e public at ~e ~ce of ~e CiW Cle~ at CiW Hall, 1~ E. ~ynmn ~ BNd., ~n~ ~a~, florida 33435. Pumuant to F.S. 286.0105, plea~ ~ a~ ~at it a ~n d~d~ to ap~l any d~sion made by Commi~ion wi~ r~ to any ma~ conside~ at ~is m~ng, he will n~ a r~offi of ~is p~ing, and for s~ pu~, he may n~ to ensure ~at a ve~m pr~ing is made, whi~ r~offi indud~ ~e t~mony a~ evid~ce u~n which ~e ap~ai is to ~ ba~. C~ OF ~Y~ON B~ JAN~ ~. P~N~O, C~C, ~ C~RK PUB~H: P~ B~ ~ ~OBER 25, s:xc~w~ ~~ i~ ~ - ~, J~.~ V.-CONSENT AGENDA CITY OF BOYNTON BEACt ITEM G. AGENDA ITEM REQUEST FOt Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon~ [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noo~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the November 18, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board unanimously approved this request on October 28, 2003, and the Community Redevelopment Agency Board, with a 3 to 2 vote on October 30, 2003, also recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03~246. EXPLANATION: PROJECT: Sign Code Amendments - Sign Heights (CDRV 03-004) OWNER: City Initiated DESCRIPTION: Request for amendments to the Land Development Regulations, Chapter 21. Signs, to provide defmitions for monument and pole signs and establish maximum sign heights that correspond with road type. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~(~4/ ~ ,~N/A Deve~pmer~t D~artmen~Dirclctor City Manager's Signature Planning and Zoni~l~trector City Attorney / Finance / Human Resources J:~SHRDATA"Planning~SHARED\WI:r',SPECPROJ~SignsLa. genda Item Request Sign Code Amend. CDRV 03-004 11-18-03.dot S:\BULLETINLFORMS~GENDA ITEM REQUEST FORM.DOC PLANNING AND ZONING MEMORANDUM NO. 03,246 TO: Community Redevelopment Agency and Planning & Development Board FROM: Michael Rumpf, Director of Planning & Zoning ~ DATE: October 8, 2003 SUBJECT: Sign Code Review (CDRV 03-004) Heights and Definitions BACKGROUND The Planning & Zoning Division has been reviewing a number of new site plans and modifications to site plans recently and is continuously required to defend the City's position relative to signage, which is not supported by code. The current Land Development Regulations regarding commercial and industrial signage allows freestanding pole, pylon and monument signs up to 20 feet in height. Staff has been successful in negotiating with developers for monument signs (ground signs) at a greatly reduced height from the maximum height allowed by code, typically in the' range of 8 tel2 feet, since signs of this height are more in keeping with the scale of the City as a whole and more specifically the project itself. Increasingly, developers of smaller sites have been more resistant to staff's overtures, instead looking to increase their visibility and marketability by proposing pylon sirens at the maximum 20-foot limit. Additionally, several of the sites, due to being at an intersection of two streets, would be alloWed two such signs. Staff is in the midst of a complete sign code review and rewrite, timed with the greater Land Development Regulations re-write, that is proposed to address this and many other issues. However, staff is approximately six months removed from proposing new language in ordinance form. In order to provide staff the tools necessary to guide development appropriately and in keeping with Boynton's character, staff is requesting an immediate code amendment to the section(s) of the sign code regulating freestanding signs. ANALYSIS Previously, staff Conducted research and reviewed the sign codes for Unincorporated Palm Beach County, Boca Raton, Delray Beach and Greenacres as comparisons. This comparison indicated a wide range of regulations, restricting sign heights anywhere from 5-feet to 30-feet for freestanding signs. Within the last few years, staff has attempted to influence the use of monumenl style signs as opposed to pole signs or pylon signs, as well as reduce the height and scale of these types of signs. Staff has attempted to create an improved community standard to guide development ~for the betterment of our residents and visitors alike. During this time, staff has been fairly successful in influencing the. sign styles and sizes that have begun to grace our city. Several office complexes such as the Corrina Collin Center and the Medical Arts Professional Center were approved with small monument signs (6-feet and under). Several other single tenant commercial projects such as Victoria's Closet; Krispy .Kreme, Mobil on the Run and Lighthouse Academy were approved with 8-foot tall monument signs. Even Staples was approved with a 7-foot high monument sign. Lastly, the Woolbdght Plaza project, which included a four (4) story office building and a Walgreens store with attached retail bays, was approved (per conditions) with two (2) 12-foot tall monument signs. These types of approvals, have gone a long way to improve the visual image of the city. However, by code,~ll of the examples noted above could have had a 20-foot tall pylon sign in front of their respective businesses. Staff has been very successful in negotiating on the City's behalf, and will continue to do so. These proposed amendments are needed to codify regulations that represent the City's current image and vision. CONCLUSIONS/RECOMMENDATIONS Understanding that a city cannot have one regulation that fits all circumstances, staff would like to propose a ~hulti-faceted approach to freestanding si~,~: · Eliminate pylon sign as an allowable sign type in the sign code. Pylon signs are defined as sins that are on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is 6-feet or more above grade. Currently these signs are allowed upto a height of 20-feet. · Add the definition of monument sign: a freestanding sign situated directly on the ground or mounted completely along the bottom of the sign. cabinet to a low- profile base or pedestal. · Amend the definition of freestanding sign to read: a monument or ground- mounted sign identifying the use of the property upon which it is located. Ground- mounted signs may be supported by ond or more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and complete length of the sign or cabinet are clad in the same or like material, completely to the ground. Altemativ, es to the cladding requirement may be considered if the design of the sign follows the architectural design of the building(s). · Add a requirement of all'new freestanding signs,, that~the numerical address be an integral and prominent part of the sign, · For a shopping center or mall of at least four (4) acres in size, that has multiple tenants, a monument sign not exceeding'-15-feet'in height may be allowed. TI~ sign must include the'project name and be used as a directory of the businesses located in the center, not for just one large tenant. If the center is located at an intersection, thereby qualifying for a second freestanding sign, said sign shall be a monument sign no greater than 1 O-feet in height. · For all single tenant sites and all multiple tenant sites under four (4) acres, monument signs shall be the only type of freestanding sign allowed. On roadways of 6 travel lanes or greater, a monument sign may not exceed 12-feet in height. On roadways consisting of 4 travel lanes, a monument sign may not exceed 8-feet in height. Other criteria such as stm'ounding properties, speed limit and scale of the project may be justification for ~e further reduction in maximum height to a 6-foot limitation. On roadways consisting of 2 travel lanes, a monument sign may not exceed 6-feet in height. Again, special circumstances (such as those noted above) may justify a further reduction in sign height. · In the Central Business District (CBD), the only type of freestanding sign allowed shall be a monument sign that shall not ,exceed 5-foot in height. This limitation would help to preserve and foster the pedestrian scale of the district. However, this restriction may be superceded by related planning documents and overlay zones currently regulating signage within a portion of, or the whole,' entire district. Three (3) additional points need to be made. First, the suggested changes recommended above do not supercede the sign programs adopted as part of the approval process for existing Planned Commercial Districts (PCD) and Planned Industrial Districts (PID). Second, pending redevelopment planning efforts may lead to zoning and signage regulations tailored specifically to certain developments or corridors, which, would supercede the code provisions described herein. Lastly, these proposed code amendments are designed for new~ development applications and extensivo-major site plan modifications. It is not intended to create a mechanism for the City to systematically eliminate non-conforming signs. However, as current codes require, once a sign is damaged in. excess of '50% of its original value, it shall be made to comply with all the requirements of the code. J:~HRDAT. AhOLANNrNGXSHARED\WP~SPECPROJ',Signs~Sign Regulations CDRV 03-004.DOC V.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve South Central Regional Wastewater Treatment and Disposal Board Resolution No. 1-03. EXPLANATION: This Resolution modifies Resolution No. 9-81 and provides that upon collecting user charges from the Cities of Delray Beach and Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board shah retain in its own independent and segregate sinking fund account the sum appropriated out of such collected user charges as the sinking fund, rather than distributing the same to the Cities of Delray Beach and Boynton Beach for their independent investment. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not approve Resolution. City Clerk's Office City Attorney / Finance / Human Resources S:~BULLE~RMS~AGENDA ITEM REQUEST FORM.DOC SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delra_y Beach, Florida 33445 ROBERT J. HAGEL ?~'~o~ Telephone Executive Director ~ (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com November 7, 2003 Ms. Janet Prainito City of Boynton Beach c/o City Clerk's Office P.O. Box 310 Boynton Beach, FL 33425-0310 Dear Ms. Prainito: Enclosed please find-South Central Regional Wastewater Treatment & Disposal Board's Resolution//1-03 which has been approved and executed by the City of Delray Beach, Please have this Resolution placed on the Agenda for the next Commission Meeting. Once this has been approved and executed, please send the signed original back to us. Thank you for your assistance. cc: Kurt Bressner, City Manager File #01-300 AGENDA # H (1) b. RESOLUTION NO. 1 -03 A RESOLUTION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD MOD~YING RESOLUTION NO. 9-81 TO PROVIDE THAT UPON COLLECTING USER CHARGES FROM THE CITIES OF DELRAY BEACH AND BOYNTON BEACH, THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD SHALL RETAIN IN ITS OWN INDEPENDENT AND SEGREGATE SINKING FUND ACCOUNT THE SLIM APPROPRIATED OUT OF SUCH COLLECTED USER CHARGES AS THE SINKING FUND, RATHER THAN DISTRIBUTING THE SAME TO THE CITIES OF DELRAY BEACH AND BOYNTON BEACH FOR THEIR INDEPENDENT INVESTMENT. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board (the "Board") adopted Resolution No. 9-81 on December 21, 1981; and WHEREAS, said Resolution provided for the creation ora sinking fund component of the user charge for replacement and maintenance of the Board's physical plant; and WHEREAS, thc said Resolution further provided that the Board would deposit said sinking fund equally with the Cities of Dclray Beach and Boynton Beach for the Cities' independent investment of said funds; and WHEREAS, it is determined that the Board possesses sufficient financial expertise to administer the investment of the sinking fund and to provide for administrative economy and expeditious availability of the funds to the Board for implementation of its repair and replacement projects. NOW, THEREFORE, the South Central Regional Wastewater Treatment and Disposal Board resolves as follows: 1. Resolution No. 9-81 is hereby modified to provide that the sinking fund component of the wholesale user charge, as shall be collected from time to time by the Board, shall be maintained and invested by the Board for the purposes for which is was collected in accordance with Florida and Federal law rather than depositing said funds with the Cities of Delray Beach and Boynton Beach. 2. This Resolution shall become effective immediately upon ratification by both the City of Delray Beach and the City of Boynton Beach. RESOLVED this /6, t~ day of 0 c./-O .~ e Iv-.- ,2003. Carl l~lcKoy Approv,~ /~d/mi ~'~ at i 4D~' ~e/c ~o"r Robert 3. Hagel The a~ave Resolction No. 1 -03 is hereby ratified in open session by the City of Delray Beach, this day og-"'f~~d'" ~----"'-- ,2003, by a ~ to O vote~m ATTEST: City Clerk (/~j~ved as to fon~. The above Resolution No. 1 -03 is hereby ratified in open session by the City of Boynton Beach, this __ day of ,2003, by a __ to __ vote. MAYOR ATTEST: City Clerk Approved as to form: City Attorney IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FOl*dv Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) /)ctober 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) ~ [] October 21, 2003 October 6, 2003 (Noon) U- ~_j September 2, 2003 August 18, 2003 (Noon) November 5, 2003 October 20, 2003 (Noon) September 16, 2003 September 2, 2003 (Noon) ]~ November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Discussion of Marina Development Agreement per developer's request for dissolution of the Second Revised Development Agreement. EXPLANATION: The developer of the Marina project has requested that the City Commission consider rescinding the Marina development agreement. The agreement is the "Third Revised Development Agreement" which provided a time extension to the "Second Revised Development Agreement," dated June 6, 2000. I am attaching the Second Revised Agreement as (Exhibit A) since it contains the substance of the agreement between the developer and the City. The request for release of the Agreement is contained in a letter fi.om legal counsel for the developer dated April 9, 2003. (Exhibit B) In addition, the City has received a letter fi.om legal counsel for Two George's Restaurant opposing the release of the Development Agreement at this time. (Exhibit C) The original development agreement, as amended called for 207 public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unrestricted parking spaces elsewhere on the Marina development property. Per the 1999 Amended Mediation Agreement, Two George's Restaurant was to provide off-site permanent parking for employees and to meet the parking requirement for the additional floor area of the restaurant provided in 2002. (Exhibit D.) Per the latest site plan approved by the CRA/City Commission, the following parking is provided on the site plan: Regular on grade surface parking: 15 Spaces Handicapped on grade surface: 4 Spaces Regular Parking Spaces in Deck 725 Spaces (includes parking for condos and commercial uses) Handicapped Parking in Deck 15 Spaces Townhouse Parking 22 Spaces (not approved yet) 781 Spaces In addition, there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Marina Drive/Casa Loma. These are "public access" spaces. PROGRAM IMPACT: None direct. However, there is a perceived lack of public access to the site because unrestricted public parking is not part of the approved site plan, to date. S:LBULLETINLFORMS~GENDA ITEM REQUEST FORM.DOC ~~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not known at this time but it should be noted that release of the Agreement will extinguish the City's security interest in the property which was created to secure the value of the incentives the City provided to the developers. ALTERNATIVES: 1. Dissolve the Development Agreement per the request of the Marina Developer. 2. Refer the issue of parking matters and property owner association matters to staff for further mediation between the City, CRA, developer and business interests. The staff has conducted one meeting of the participants on May 13th. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources SSBULLETINLFORMSLa~GENDA ITEM REQUEST FORM.DOC Xl'. - NEW BUSINESS I'TEM A. CITY OF BOYNTON BEACB AGENDA ITEM REQUEST FORM Requested City Commission Da~ Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noo~) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] Sept~bcr 2, 2003 Aug~ iS, 2003 ~Noo~) [] ~ovemb~ 5, 2003 ~ 20, 2003 (Noon) [] September 16,2003 Septembor 2, 2003 (Noon) [] November 18,2003 November 3,2003(Noon) [] Administrative [] Legal NATURE OF [] Announcement ~ New Business AGENDA ITEM city . ger's Rq,on [] sent tion [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlemems [] Unfinished Business RECOMMENDATION: Discussion of an Ordinance setting forth procedure for the selection of the Vice Mayor. EXPLANATION: Section 23 of the Charter describes the Vice Mayor as serving for a period of one year, but contains no details on the selection process. At the last Commission meeting it was suggested that the position of Vice Mayor be rotated. Staff has taken the liberty of drafting, for discussion purposes, an ordinance, which provides a Vice Mayor selection process on an anmml rotating basis. Other options are available to clarify the nomination/selection process. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature ~ture SABULLETINWORMSXAGENDA ri'EM REQUEST FORM. DOC ORDINANCE NO. O 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A NEW SECTION 2-1.2 OF TIlE CODE OF ORDINANCES, ESTABLISHING THE PROCEDURE FOR THE ANNUAL SELECTION OF THE VICE-MAYOR; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the position of Vice-Mayor serves an important operational and ceremonial in the City; and WHEREAS, the Charter of the City states that the position of Vice-Mayor of the City serve in a capacity for a period of one (1) year; and WHEREAS, no current procedure is detailed in either the Charter or the Code of es regarding the selection process that the Commission shall use in the appointment of Vice-Mayor; and WHEREAS, the City Commission deems it in the best interest of the City that the of Vice-Mayor be rotated, thereby affording both experience and opportunity to of the Commission to represent the interests of the City as Vice-Mayor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA, THAT: Section 1. There is hereby created a new'Section 2-1.2 of the Code of Ordinances shall read as follows: Sec. 2-1.2. At the second regular City Commission meeting in November of each the City Commission shall appoint one of its members to serve as Vice-Mayor. Any of the City Commission may nominate another member of the Commission who has not Page 1 served as Vice Mayor to serve as Vice-Mayor and no second of the nomination is uired. Voting shall occur in the same order as the nominations until a Vice-Mayor is selected majority vote of the Mayor and Commissioners. If only one member is nominated to serve as the Mayor shall declare the nominee appointed by acclamation without the necessity Section 2. Should any section or provision of this ordinance or portion hereof, any sentence or word be declared by a court of competent jurisdiction to be invalid, such shall not affect the remainder of this ordinance. Section 3. Authority is hereby granted to codify said ordinance. Section 4. This ordinance shall become effective immediately upon passage. FIRST READING this day of ~ 2003. SECOND, FINAL READING AND PASSAGE this day of , CITY OF BOYNTON BEACH, FLOR]X)A Mayor ViceMayor Commissioner " Commissioner City Clerk Commissioner Page 2 XII. - LEGAL CITY OF BOYNTON BEAC] ITEM AGENDA ITEM REQUEST Requested City Conuidssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19,2003 August4,2003 (Noon) [] October21,2003 October6,2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Coaecom~l~ncea~galSe~em~ts [] Unr~hedBusiness ~ g~' " RECOMMENDATION: Please place this request on the November 18, 2003 City Coazuuission Agenda unde? Legal Ordinance - First Reading. Staffrecommends that Ordinance 02-022, which was adopted on June 4, 2002, to abandon a utility easement in Quantum Park, be rescinded. Please see attached survey for further description of this previously abandoned easement. EXPLANATION: PROJECT: PACKAGING CONCEPTS (ABAN 02-001) QUANTUM PARK LOT 847-B OWNER: City Initiated LOCATION: Lot 47-B Quuntum Park DESCRIPTION: Ordinance No. 02-022 was adopted on June 4, 2002 to abandon a 10-foot wide water main easement, to accorraaodate the major site plan modification of the Packaging Concepts office/warehouse building. Permits for this project were never pulled thereby allowing the approval to expire. As the easement is cm'rently occupied by a utility line on Lot 47-B of Quantum Park, which will no longer have an approval for relocation, the easement should be preserved. Therefore, this ordinance will appropriately rescind and reverse the previous action to abandon the easement leaving it in place to serve the continued public purpose of preserving existin~ and needed utility lines. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ N/A · De~p~nt ~'~ep~art[nent Director City Manager's Signature Planning and Zoni~ector City Attorney / Finance / Human Resources acka n 02 Request Form Packaging Concepts S?~BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE NO. 02-022 THEREBY REVERSING THE ACTION TO ABANDON THE EASEMENT ON LOT 47-B OF QUANTUM PARK; DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AUTHORIZING THE EXECUTION OF ANY OTHER DOCUMENTS NECESSARY TO RESCIND ORDINANCE NO. 02-022, AND AUTHORIZING RECORDATION OF THOSE DOCUMENTS IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WltEREAS, Ordinance No. 02-022 was adopted on June 4, 2002, to abandon a 10-foot wide water main easement, to accommodate the major site plan modification of the Packaging Concepts office/warehouse building; and WHEREAS, permits for this project were never pulled thereby allowing the approval to expire; and WHEREAS, as this easement is currently occupied by a utility line on Lot 47-B of Quantum Park, which will no longer have an approval for relocation, the easement should be preserved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, does hereby rescind Ordinance N°. 02-022, adopted on June 4, 2002, to abandon a 10 foot water main easement being a portion of Lot 47-B, Quantum Park, Boynton Beach, Florida. Section 3. The City Commission does authorize and direct the City Clerk to forward a copy of this Ordinance and cause the same to be recorded in the Public Records of Palm Beach County, Florida. Section 4. The City Manager and City Clerk are hereby authorized and directed to execute and deliver any other documents necessary to rescind Ordinance No. S:\CA\Ordinances~Abandonments~Rescinding 02-022 - Quantum Abandonment - Lot 47B.doc 02-022, and cause the same to be filed in the Public Records of Palm Beach County, Florida, if deemed necessary. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this day of November, 2003. SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST; City Clerk S:\CA\Ordinances~kbandonments\Rescinding 02-022 - Quantum Abandonment - Lot 47B.doc ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A TEN FOOT WATER MAIN EASEMENT (ORB6689, PAGE 629) BEING A PORTION OF LOT 47-B, QUANTUM PARK, MORE PARTIC~Y. DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDEDIN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WItERE~, Andrew B. Blasi of Shapiro, Blasi, Dector & Piazza, P.A., agent for PJM & Associations, L.C., submitted this request to abandon a 10 foot wide water line easement (per the Official Record Book 6689, Page 629, Palm Beach County, Florida; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before' the City's Planning and Development Board and the City Commission on the proposed abandonment; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIO~ OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of 'the City of Boynton Beach, Florida by and through its City Commission, does hereby abandon a 10 foot water main easement being a portion of Lot 47-B, Quantum Park, Boynton Beach, Florida and moro particUlarly described herein as Exhibit "A", and subject to all staff comments, which includes a condition hold/ng final approval of thin abandonmen,t until'.a replacement easement for a new Water main is recorded in the Public Records of Palm Be_~ch County, Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READING this ,,q t day of May, 2002~ SECOND, FINAL READING AND PASSAGE THIS q day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Commissioner ~TTEST: EXHIBIT "A" That certain ten (10') foot Water Main Easement recorded in Official Record Book 6689, Page 629, Public Records of Palm Beach County, Florida, and lying in a portion of Lot 47B of Quantum Park at Boynton Beach, P.I.D., Plat No. 10, according to the plat thereof as recorded in the Public Records of Palm Beach County, Florida, Plat Book 60, Page 34 containing in all 2,220 square feet and/or 0.05 acres more or less LOCATION MAP Packaging Concepts EXHIBIT "A" ! ~,, IK Olm cOMMEi::I .. 'ANTUM 1::3AI:::iK )- I: ....... / I ' ::3 LA' DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a 10 foot water main easement in a portion of Lot 47-B, Quantum Park recorded in Plat BOOk 6689, Page 629, Public Records of Palm Beach County, Florida, more particularly described herein as Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of ., 2002. ATTEST: CITY OF BosRq~ON BEACH,' FLORIDA Janet Prainito .G~erald Broening, Mayor Interim City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERgLD Broening and JANET PRAIN1TO, Mayor and City Clerk respectively, of the City of .Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the exeeuti0n thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of ,2002. NOTARY PUBLIC, State of Florida My Commission Expires: LOCATION MAP Packaging Concepts EXHIBIT "A" i cITY: .... ~' : " " J --'1 I I I ~ K OF COMME UANTUM PARK)- : ....... ~ JLA~ DESCRIPTION & SKE:,..H ,, ,, PREPARED FOR: EXHIBITB PJM & ASSOCIATES LC PACKAGING CONCEPTS · sPTE 02-001 NATER MAIN EASEMENT RELEASE EXISTING EASEMENT L DESCRIPTION .~ A PORTION OF AN EXISTING 10 FOOT WIDE WATER MAIN EASEMENT RECORDED IN OFFICIAL )RD BOOK 6689, PAGE 629, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LYING IN A 'ION OF LOT 47-B, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10, ACCORDING TO THE PLAT .EOF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM BEACH COUNTY, IDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: /IENClNG AT THE SOUTHEAST CORNER OF PJM AT QUANTUM PARK, ACCORDING TO THE PLAT .EOF AS RECORDED IN PLAT BOOK 76, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, IDA; THENCE NORTH 88' 50'54" WEST ALONG THE SOUTHERLY LINE OF SAID PJM AT QUANTUM PARK. TANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88' 50.'54" WEST IG SAID SOUTHERLY' LINE AND THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE A kNCE OF 222.00 FI~ET TO A POINT IN THE EAST LINE OF THE WEST 85.12 FEET OF SAID LOT 47-B, ITUM PARKAT BOYNTON BEACH; THENCE SOUTH 01' 09'05" WEST ALONG SAID LINE A DISTANCE OF FEET; THENCE SOUTH 88' 50'54" EAST A DISTANCE OF 222.00 FEET TO A POINT ON THE WEST LINE OF t5.0 FOOT UTILITY EASEMENT; THENCE NORTH 01' 09'05" EAST ALONG SAID WEST LINE A DISTANCE ,.00 FEET TO THE POINT OF BEGINNING. 'AINING In all 2,220 sq. ft. and/or 0.05 acres, more or less. EYOR'S NOTES: " ',' S DRAWING IS NOT A SURVEY. ' SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE B~; THIS OFFICE. ! DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE dPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS rH ACCOMPANY EACH OTHER. :;- S LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE GINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED EDBERG LA/~SURVEY1NG, INC. LB = MCENSE BUSINESS ORB = OFFICIAL RECORD BOOK ~ POB = POINT OF BEGINNING -- ' POC = POINT OF COMMENCEMEN~ PPER ROW = RIGHT-OF-WAY FIXATE.No. 3613 UTILI3Y EASEMENT IDAIDA CF. RTICERTIR ATE.No. 3613 UE = . . I CAD K:~.UTOCAD2000~174543t00-2~,0~-253A LIDBERG LAND - DESCRIPTION '& SKE'I ,.,H PREPARED FOR: EXHIBIT "B" PJM & ASSOCIATES LC PACKAGING CONCEpTs SPTE 02-001 · WATER MAIN EASEMENT RELEASE EXISTING EASEMENT i :)RTION OF ~ ~ I LOT 47-B PLAT BOOK 76, PAGE 50 I PJM AT QUANTUM PARK >m ~J C3 rrl ITl ~ c, oZ ~ z~ -lC) ~°'! ~ ~ ~ 0' ,','^',',=,, ,..,.," ~,.,,=.',' '"' '-' ~ ~ O.R.B. 6689, PG. 629 POINT OF " , BEGINNING ,m ,,,'=' I :~- i . -- -- Jz'/ m, P= I; .~ _C PLAT BOOK e0, PAGE 34 - i?..o ~ E: J> _- m QUANTUM PARK AT BOYNTON BEACH, I ~,, o.., PJ.D. PLAT No. l0 , = I " mzOJ'-O I["~ [.' SOUT~ u,~ LOT,*~-~ ' | '< ' I' .O,'mU.S L"6'~'T?.~ ' -- "7, -- I ' .i I 40 :20 0 40 80 GRAPHIC SCALE IN F:EET SCALE: 1" = 40' CAD K:~.UTOCAD2000~I74543~00-253~00-253A - LIDBERG LAND.~ K~I~iAUToCA~ I -- ~. ~,,~¢'/r=v,~un_ INC...o .c~ l'"' "°''!"°" "°':'""""' -'-,-,' I DA'I~ n,I/fl9/132 DESCRIPTION & SKETCH PREPARED FOR: EXHIBIT "B';. PJM & ASSOCIATES LC PACKAGING CONCEPTS SPTE 02-001' WATER MAIN EASEMENT PROPOSED EASEMENT -:GAL DESCRIPTION 12 FOOT WIDE AND 10 WIDE STRIP OF LAND BEING A PORTION OF LOTS 47.8 AND 47~, QUANTUM PARK AT BOYNTON BEACH, I.D. PLAT NO. 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM -:ACH COUNTY, FLORIDA, AND HEREIN DESCRIBED IN TWO PARTS REFERRED TO AS EASEMENT 'A' AND 'B', THE CE~FER LINES : WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: kSEMENT 'A' 3MMENCING AT THE SOUTHEAST CORNER OF SAID LOT 47.8, QUANTUM PARK AT BOYNTON BEACH; THENCE NORTH 88'50'54' EST, ALONG THE SOUTH LINE OF SAID LOT 47-8, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST LINE OF A 15 UTILIT~ kSEMENT RUNNING PAP~LLEL AND ADJACENT WITH BETA DRIVE AS SHOWN ON SAID QUANTUM PARK AT BOYNTON BEACH, SAID )INT BEING THE CENTERLINE OF A 12.0 WIDE STRIP OF LAND AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH ,'50'54' WEST A DISTANCE OF 26.31 FEET; THENCE SOUTH 01 '09'05' WEST A DISTANCE OF 33.69 FEET TO A POINT ON SAID 15 .qLITY EASEMENT AND THE POINT OF TERMINUS. kSEMENT 'B' ~MMENCING AT THE AFOREMENTIONED TERMINUS POINT OF EASEMENT 'A'; THENCE SOUTH 01'0g'05' WEST RUNNING ACROSS PORTION OF SAID 15 UTILITY EASEMENT A DISTANCE OF 70.0g FEET, TO A POINT ON THE SOUTHW1~STERLY LINE OF SAID 15 )OT UTILITY EASEMENT AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTEPJJNE OF A 12_0 FOOT WIDE ,SF~tENT; THENCE SOUTH 01 '09~35, WEST A DISTANCE OF 53.88 FEET; THENCE NORTH 88'50'54' WEST A DISTANCE OF 78.18 FEET ) A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE SOUTH 01'09~5, WESTA DISTANCE OF 18.00 FEET; THENCE )NTINUING FROM THE AFOREMENTIONED POINT'A' NORTH 88'50'54' WESTA DISTANCE OF 112.51 FEET, TO A POINT IN A LINE 10 FEET EAST OF AND PARALLEL TO THE EAST UNE OF THE WEST 85.12 FEET OF SAID LOTS 47-B AND 47~, SAID POINT BEING ON IE CENTERUNE AND THE BEGINNING OF A 10 WIDE STRIP OF LAND; THENCE NORTH 01°09'05, EAST, ALONG SAID PAI~,ALLEL UNE :)ISTANCE OF 229.19 FEET TO A POINT IN A UNE 71.53 FEET NORTH OF AND PARALLEL TO THE SOUTH MNE OF SAID LOT 47.8 AND [E POINT OF TERMINUS. ~ )NTAINING IN ALL 6,689 SQ. FT. AND/OR 0.15 ACRES, MORE OR LESS. RVEYOR'S NOTES: -HIS DRAWING IS NOT A SURVEY. ~0 SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE B.Y THIS OFFICE ,'HE DESCRIPTION SKETCH AND THE BESCRIPTION TEXT COMPRISE THE .;OMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS )OTH ACCOMPANY EACH OTHER. 'HIS LEGAL DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE )RIGINAL RAISED S~F A FLORIDA LICENSED SURVEYOR AND MAPPER iMPLOYED BY LIpBER~kENq~. D SURVEYING, INC. LEGEND: lATE OF LEG,.~,L'"D~I~.'~I~I:~ff'.LIe02 LB = LICENSE BUSINESS , .~..~~ L S =ECENSESURVEYOR :)BERG ORB = OFFICIAL RECORD BOOK '" PB' = PLAT BOOK ]])~~~~--/~ -- POB = POINT OF BEGINNING EFE'~I~RVEYOR AND MAPPER POC = POINT OF COMMENCEMENT DP, IDA CERTIFICATE No. 3613 _ [LIDBERG LAND .. __SuRvEYING, INC. DESCRIPTION & SKETCH PREPARED FOR: EXHIBIT PJM & ASSOCIATES LC PACI~AGING 'C..0..NCEPTS 'SPTE 02-001 .- WATER MAIN EASEMENT PROPOSED EASEMENT POINT OF. TERMiNUSX_.._.'J PLAT BOOK 76, PAGE $0 24._...~01--..! PJM AT QUANTUM PARK 10' WATER LINE EASEMENT O.R.B. 6689, PG. 629 15' UTILITY EASEMENT PER PLAT BOOK 60, PAGE 34 .--" REMAINDER OF J ~ LOT 47-B · . ' PLAT BOOK 60, PAGE 34 QUANTUM PARK AT BO ON ii ~ P.I.D.P~TNO. IO. ' ~ / IE/~ · I - G~HiC SCALE Ii, LIDBERG LAND XII, - LEGAL CITY OF BOYNTON BEACH ITEM B.2 AGENDA ITEM REQUEST FOK___ Requested City Commission Date Final Form Must bt: Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cid Clerk's OGce Meeting Dates in to Cid Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (l~.~n) [] August19, 2003 August 4, 2003 (Noon) [] October21,2003 Oetober6,2003(Noo~ ~--~ [] September2,2003 August l8, 2003 (Noon) [] NovemberS, 2003 October 20, 2003 (Noo.~ [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (N~ ~ '. [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the November 18, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commissiop. with a unanimous vote approved the request under Public Hearing on November 5, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-213. EXPLANATION: PROJECT: L.A. Fitness (ABAN 03-010) AGENT: Derek Vander Ploeg, Vander Ploeg & Associates, Inc. OWNER: RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC LOCATION: 2290 and 2298 N. Congress Avenue DESCRIPTION: Request for abandonment of a public utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ N/A Delw~l~enqI)epartment Director City Manager's Signature Planning and Zj~irector City Attorney / Finance / Human Resources S:~Planning~SHARED\WPWROJECTS~L.A. FitnessLM3AN 03-010L~genda Item Request L.A. Fitness ABAN 03-010 11-18-03.dot S:~BULLETIlqWORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PUBLIC UTILITY EASEMENT ON THE EAST SIDE OF CONGRESS AVENUE, IN THE SHOPPES OF BOYNTON (NO. 03-0100); AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Derek Vander Ploeg of Vander Ploeg and Associates, Inc., agent for A. Fitness Center, is requesting to abandon a utility easement, located at the Shoppes of subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, public hearings have been-held before the City's Planning and Development Board, and City Commission on the proposed abandonment; and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does abandon a utility easement located on the east side of Congress Avenue and bounded Gateway Boulevard to the south and the LWDD L021 Canal to the north, specifically, the subject property is located on the north parcel at the northeast comer (Shoppes of Boynton), ect to staff comments and any easements of record, and more particularly described in the Exhibit "A". A location map is attached hereto as Exhibit "B". Section 3. The City Manager is hereby authorized and directed to execute and attached Disclaimer and cause the same to be filed in the Public Records of Palm Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this __ day of ., 2003 S:XCA\Ordinances'u~bandonmentsV,.A Fitness Cent~.doc SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: City Clerk S:lCA\Ordinances~,bandonments~l_A Fitness Cente~.doc EXHIBIT "A" TWO parcels of land lying in Sec. 17, Township. 45S,-Range. 43E, described as follows; COMNENC3NG at the W1/4 comer of said Sec. 17; thence N 89~08'39" E., along the east/west Qtr. Une 0f said Sec. 17 a distance of 60.06 feet: thence S 0104335# W along the east right-of-way line . of Congress Avenue a distance of 355.15 feet; thence S4Z[°33'53'' E a distance of 36.14 feet; thence N 89~0839'' E along the north right-of way line of Quantum Boulevard a distance of 118.71 feet; thence N 00°51'21" W a distance of 123.39 feet; thence N 30007'37'' W a distance of 69.43 feet; thence N 00°51'21'' W a distance of 89.46 feet: thence N 89008'39'' E a distance of 95.00 feet; thence S 00°51'21" E a distance of 48.3;~ feet; thence N 89008'39'' E a 'distance of 25.00 feet; thence S 00°51'21'' E a 'distance of 15.00 feet; .thence S 89008'39'' W a'distance of 25.00 feet; thence S 00e51'21'' E a distance of 74.16 feet;, thence N 89°08'39" Ea distance'of 245.55 feet to the POINT OF BEGINNING; The last 10 calls being coinddent with the edge of an existing utility easement as recorded in O.R.B. 7149, Page 1153, Palm Beach County Records; thence N 00°51~1" W a dlstance of 18.30 feet; thence N 89°08'39~ E a distance of 15.00 feet; thence S 00~51'21'' E a distance of 18.30 feet to Reference Point ~A"; thence S 89008'39'' W a distance of 15,00 feet to said POINT OF BEGINNING; Together with COHMENCZNG at the aforementioned Reference Point thence N 89~08'39'' E a distance of 3.30 feet to a POINT OF BEGZNNING; thence N 01043'35'' E a distance of 73.67 feet; thence N 88016*25'' W a distance of 9.00 feet; thence N 01~,3'35" E a distance of 9.00 feet; thence 'N 01043'35" E a distance of 19.00 feet; thence S 88~16'25" E a distance of 24.00 feet; thence S 01°~t3'35" W a distance of 91.99 feet; thence S 89008'39'' W a distance of 15.00 feet to the POINT OF BEG1;NN[NG. Said lands situate, lying and being in Palm Beach County, Rodda. Location Map ? EXHIBIT"~- L.A. Fitness ) L-21 C3 DISCLAIMER KNOW ALL MEN BY TItESE PRESENTS that the City of Boynton Beach, a municipal corporation, under the laws of the State of Florida, does hereby abandon utility easement, located on the east side of Congress Avenue and bounded by Gateway to the south and the LWDD L021 Canal to the no~h, specifically, the subject is located on the north parcel at the northeast comer (Shoppes of Boynton), and in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Florida, have hereunto set their hands and affixed the seal of the City this of November 2003. IT: CITY OF BOYNTON BEACH, FLORIDA Prainito Kurt Bressner, City Manager Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, known to me to be the persons described in and who executed the foregoing and acknowledged the execution thereof to be their free hand and deed as ;uch officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of October, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:~CA~Ordinances~.bandonme~ts~LA. Fitness Center.doc EXHIBIT "A" TWo parcels of land lying in Sec. :t7, Township. 45S,-Range. 43E, described as follows; COMNENCZNG atthe W1/4 comer of said Sec. 17; thenc..e N 89°08'39" E., along the east/west Qtr. Une Of said Sec. 17 a distance of 60.06 feet: thence S 0104335" W along the east right-of-way line . of Congress Avenue a distance of 355.15 feet; thence S~H°33'53" E a distance of 36.14 feet; thence N 89~08'39# E along the north right-of way line of Quantum Boulevard a distance of 118.71 feet; thence N 00°51'21" W .a distance of 123.39 feet; thence N 30007'37" W a distance of 69.43 feet; thence N 00°51'21'' W a distance of 89.46 feet: thence N 89008'39" E a distance of 95.00 feet;, thence S 00°51'21'' E a distance of 48.3~[ feet; thence N 89008'39" E a 'distance of 25.00 feet; thence S 00°51'21'' E a 'distance of 15.00 feet; .thence S 89008'39'' W a' distance of 25.00 feet; thence S 00°51'21'' E a distance of 74.16 feet;, thence N 89008'39" E-a distance 'of 245.55 feet to the POINT OF BEGZNNZNG; The last 10 calls being coinddent with the edge of an existing utility easement as recorded In O.R.B. 7149, Page 1153, Palm Beach County Records; thence N 00°51'21" W a distance of 18.30 fee~, thence N 89008'39" E a distance of 15.00 feet; thence S 00°51'21'' E a distance of 18.30 feet to Reference Point ~A~; thence S 89008'39'' W a distance of 15,00 feet to said POZNT OF BEG[NNZNG; Together with COHMENCZNG at the aforementioned Reference Point LA"; thence N 89o08'39'' E a distance of 3.30.feet to a POINT OF BEGINNING; thence N 01043'35'' E a distance of 73.67 feet; thence N 88016'25" W a distance of 9.00 feet; thence N 01043'35" E a 'distance of 9.00 feet; thence 'N 01°43'35""E a distance of 19.00 feet; thence S 88016'25" E a distance of 2,t00 feet; thence $ 01043'35# W a distance of 91.99 feet; thence S 89008'39" W a distance of 15.00 feet'to the POZNT OF BEGZNN[NG. Said lands situatet lying and being in Palm Beach County, Rodda. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM,NO. PZ 03-213 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf ~,.~ Planning and Zoning Director FROM: Maxime Ducoste-Am~d~e Planner DATE: September 2, 2003 SUBJECT: L.A. Fitness CENTER (ABAN 03-010). Abandonment of a Utility Easement at the Shoppes of Boynton. NATURE OF REQUEST The agent for L.~,. Fitness Center, Derek Vander Ploeg of Vander Ploeg and Associates, Inc., is requesting to abandon a Utility easement. This request to abandon the utility easement was submitted on .July 23, 2003. It is described as follows: Two parcels of land lying in Sec. 17, Township. 45S,-Range. 43E, described as follows; COMMENCING at the W1/4 comer of said Sec. 17; thence N 89008'39" E., along the east/west Qb'. Une of said Sec. 17 a distance of 60.06 feet: thence S 01043,35'' W along the east right-of-way line . of Congress Avenue a distance of 355.15 feet; thence S~°33'53'' E a distance of 36.14 feet; thence N 89°08,39'' E along the north dght-of way line of Quantum Boulevard a distance of 118.71 feet; thence N 00°51'21" W a distance of 123.39 feet; thence N 30007'37" W a distance of 69.43 feet; thence N 00°51'21" W a distance of 89.46 feet: thence N 89008'39" E a distance of 95.00 feet; thence S 00°51'21" E a distance of 48.34 feet; thence N 89008'39'' E a distance of 25.00 feet; thence S 00°51'21'' E a distance of 15.00 feet; thence S 89008'39" W a distance of 25.00 feet; thence S 00°51'21" E a distance of 74.16 feet; thence N -89008'39" E a distance of 245.55 feet to the POINT OF BEGINNING; The last 10 calls being coincident with the edge of an existing utility easement as recorded in O.R.B. 7149, Page 1153, Palm Beach County Records; thence N 00°51'21" W a distance of 18.30 feet; thence N 89008'39" E a distance of 15.00 feet; thence S 00°51'21" E a distance of 18.30 feet to Reference Point"A"; thence S 89°08,39" W a distance of 15.00 feet to said POINT OF BEGINN]:NG; Together with COMMENCING at the aforemenUoned Reference Point"A"; thence N 89008'39" E a distance of 3.30 feet to a POINT OF BEGINNING; thence N 01043'35" E a distance of 73.67 feet; thence N 88°16'25'' W a distance of 9.00 feet; thence N 01043'35'' E a distance of 9.00 feet; thence N 01043'35'' E a distance of 19.00 feet; thence S 88016'25'' E a distance of 24.00 feet; thence S 01043,35" W a distance of 91.99 feet; thence S 89008,39'' W a distance of 15.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Palm Beach County, Florida. ~'he location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The ~ttached Exhibit "B" shows the location of the proposed abandonment on the subject property and includes a letailed location of the easement to be abandoned and its legal description. 'h~e following is a description of the zoning districts and land uses of the properties that surround the subject ~quest. Page 2 Memqrandum No. PZ 03-213 ABAN 03-010 ' North - Right-of-way for Lake Worth Drainage District L-2i Canal, then farther north is developed residential property (Dos Lagos) with a Low Density Residential (LDR) land Use designation, zoned Planned Unit Development (PUD); South - Right-of-way for Quantum Boulevard, then farther south is the remainder of the developed commercial project (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East - Developed Industrial property (Quantum Park Lot 3) with an Office/Industrial (OI) use option 'within the Quantum Park, Planned Industrial Distdct (PID). West - Developed commercial property (Pollo Tropical) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3), then farther west is right-of-way for Congress Avenue. BACKGROUND The Shoppes of Boynt°n is a commemial retail center composed of two parcels (North parcel and South parcel) located on the east side of Congress Avenue and bounded by Gateway Boulevard to the south and the L.W.D.D. L- 21Canal to the north. Specifically, the subject property is located on the north parcel at the northeast comer. The parcel was previously developed with a theater (Regal Cinema). However, the applicant is proposing to raze the existing theater to build a 43,000 square foot fitness center on the 6.27-acre lot. An existing utility easement runs through the north parcel of the Shoppes of Boynton center. There currently exists a city water main and fire hydrant located within this easement. The applicant has the intention of vacating the easement and relocating the fire ant as part of the concurrent site plan (see Exhibit "C"- LA Fitness Center Site Plan). ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - Approval with conditions (See Exhibit "D") Planning and Zoning No objecton PUBLIC UTILITY COMPANIES Florida Power and Light - No objecton Bell South No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A RECOMMENDATION ~t~,, recommends that this request to abandon the existing utility (water) easement as described above, be lpproved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions re(iuired by the )lanning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central Rle ' - $*% Plannlng~'~WPIPROJECTS~I-A Im~tnessV~ 03-010~s~aff refl~Ld~c Location Map EXHIBIT"A" L.A. Fitness L-21 C3 C3__ a PARTIAL EASEMENT ABANDONMENI' (: "i'HIS IS NOT['A'-SURVEY ........ ' :' EXHIBIT'"i~", R/W RIGHT OF WA P.E. PLA T BOOff PG PA6~ P.O.C POINT OF' P.O.B POINT 0~' ~GINNING PoO.~. POINT 0~' 7~RIWINU~ 88~6'25'E I S I'4J'J5'W 91.99 S S 8~8'Jg"W I N I'4J'J5'E FJ. 67 N S O~f'2f'f p.o.8.~ ~JO 887~'25'W ~8. JO~ ' 9.00 ~PK 'A' N ~3~5~ ~ moo ~5.bo l, ~$ ag~a'zg'w . ~.oo ~~/~.oo ~ ~.~4 % I [ 74. ~ z . EXIS~NG U.& S I'~'J5'W .J55. ~5 /N 89~8'~'E ~0.0~ (BEARING BASE) ~ EAST R~ ~GRESS A~NUE P.O.C /~ST ~/~ C~. SEC BRUCE CARTER & ASSOCIATES, INC. ~~,~v~]~J~.~ z/~8/o~ &~ S.E. ~ A~. ~ m~m~ ~ .U I~ ~Y B~, ~IDA 3~ HOPS OF BOYNTON ~ ~~ II IlSCALE N. ~S. EASEMENT ABANDONMENT ~ ~ ' · · ':',: EXHIBIT "C" tq,~jlllel,lll~,l~8[~ QUANTUM BLVD .... '1 i ' ' ii It II 11 Il Ii It l: ~J , . ,,: ,-'gl.-'l/lil ~, ,. f-I. I · ',:: Ii I ,,ii [ill l I~ I I ~Irll_ -, ~:mss I In~. EXHIBIT "D" Conditions of Approval Project name: LA Fimess File number: ABAN 03-010 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. This division approves this application, subject to the proviso that this X action be concun'ent with the relocated 12-foot utility easement to support the new required fire hydrant and be dedicated to the city. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Co._.___mments: N°ne X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None ~~' X FORESTER/ENVIRONMENTALiST Comments: None X ~ PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIVATE UTILITIES Comments: 4. Adelph~a: None: X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. X JkDDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~°Iannlng~SHARE~WP~PROJEC~ RIness~ABAN 03*010~COA.d0c DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: L.A. Fitness Abandonment APPLICANT'S AGENT: Derek Vander Ploeg - Vander Ploeg & Associates, Inc. APPLICANT'S ADDRESS: 155 East Boca Raton Rd Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 7, 2003 and November 5, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a Utility easement at the Shoppes of Boynton. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and DeVelopment Board, which Board found as follows: OR , X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date 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 HAS HAS NOT established by substantial competent evidence a basis for the relief requested. · 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S.'~nnlng~SHARED~WP~PROJECTS~. Fitness ABAN~.doc XII. - LEGAL CITY OF BOYNTON BEACI ITEM B.3 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve an Ordinance amending Chapter 18, Pensions and Retirement by deleting current outdated language in the Code of Ordinances and creating new sections providing for the establishment of early retirement incentive programs. EXPLANATION: The City Commission has formulated early retirement incentive programs, which have had positive administrative and fiscal benefits to the City. A new ERIP is currently pending. This Ordinance deletes sections of the Code of Ordinances regarding early incentive programs, and creates new sections of the Code authorizing early incentive programs and adding provisions for exercising of the option to participate in extenuating circumstances. PROGRAM IMPACT: Incorporates provisions for participation in early retirement incentive programs when offered, in the event that an employee is incapacitated or dies during participation eligibility periods. FISCAL IMPACT: City Manager's Signature City Attorney Department Name City Attorney / Finance / Human Resources SSBLILLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, ARTICLE IX EARLY RETIREMENT INCENTIVE PROGRAM; DELETING SECTIONS 18-223 THROUGH 18-230 IN THEIR ENTIRETY AND ADDING NEW SECTIONS PROVIDING FOR THE ESTABLISHMENT OF EARLY RETIREMENT INCENTIVE PROGRAMS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has heretofore formulated early retirement programs which have had positive administrative and fiscal benefits to the City; WHEREAS, the City Commission has determined that codification of incentive is not necessary as they are limited in scope and time; and WHEREAS, additional provisions for exercising the option to participate in early incentive programs is necessary to address circumstances when employees are or die during participation eligibility periods; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing Whereas clauses are true and correct and incorporated by this reference. Section 2. Sections18-223 through 18-230 of Article IX of Chapter 18 are deleted their entirety~ Section 3. The following Sections of Article IX of Chapter 18 are hereby created as follows: Sec. 18-223. The City Commission may from time to time establish early ; f~ ERIP 110603.rtl 1 retirement incentive programs. Early retirement incentive programs shall be created by Ordinance. No Ordinance establishing an early retirement incentive program shall be enacted without: a. A written recommendation from the City Manager and the Finance Director that the proposed early retirement incentive program is beneficial to the administration of the City workforce and is fiscally beneficial; and b. An actuarial study has been conducted and presented to the City Commission; and c. The proposed Ordinance has been furnished to the State of Florida for review, as required by law. Sec. 18-224. No employee shall be compelled to participate in an early retirement incentive program. Participation is optional and shall be evidenced by the employees' signature on a participation agreement. Sec. 18-225. The benefits provided by any early retirement incentive program shall not be forfeited when an employee who was eligible for participation in an early retirement incentive program offered by the City dies following execution of an agreement for participation but prior to his/her actual retirement date. Sec. 18-226. The surviving spouse, or any other legally designated representative, of an employee who is eligible for participation in an early retirement incentive program may exercise the employee's option to participate when the employee dies or is determined to be mentally incompetent subsequent to the adoption of the ordinance enacting the early retirement incentive program but prior to the deadline for electing to participate in the program, provided the spouse or representative executes the participation agreement on behalf of the employee. In .~ for ERIP 110603.rtl 2 such cases, the employee's department head, subject to approval by the City Manager, shall establish the actual date of retirement. Section 4. Should any section or provision of this Ordinance or portion hereof, any any sentence, or word be declared by a court of competent jurisdiction to be nvalid, such decision shall not affect the remainder of this Ordinance. Section 5. Any part of the Boynton Beach Code in conflict herewith shall be repealed. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This Ordinance shall be effective upon the later of date. of passage, and is applicable to any early retirement incentive program pending at time of adoption and all future programs adopted by the Commission. FIRST READING this ~ day of ., 2003. IECOND, FINAL READING and PASSAGE this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~_TTEST: City Clerk S:~7.A~)rdinances~ensio~Codified Language for ERIP 110603.,,,ff 3 XITZ-UNFINISHED BUSINESS CZTY OF BOYNTON BEAI ITEM A. AGENDA ITEM REQUEST F,_ Requested City Date Final Form Must be Requested City Commission Date Final Form Must be Commission Meetinq Dates Tumed in to City Clerk's Office Meetinq Dates Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AI~ENDA 1'rEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing Code compliance/Legal [] Settlements [] Unfinished Business RECOMMENDATION: Staff recommends the approval of a contract for services for Community Development Block Grant (CDBG) funding for the 3uvenile Transition Center (J-I-C) for Fiscal-Year 2002/2003. EXPLANAI~ON: As indicated in the ITC application, this funding is solely for the purpose of purchasing educational, employability software, designing, planning and implementing family oriented projects, as well as materials, supplies and equipment for job postings. PROGRAM TMPACT: The provision of service to our community. This factor meets the City's objectives and priorities as set forth in the Five Year Consolidated Plan. FTSCAL IMPACT: A total of $223,000 had been awarded to sub-grantees for fiscal year 2002/2003. ALTERNAT'~VES~~one at this time. Dep~a~m~ent i~ea-d's §ign~l;ure '~ · nature Department~ of Development ~ A~r~ney Community ]mprovement Division Department Name x~it / Finance / Human Resources S:\Development\CID\CCl 1-18-033-FC.dot Exhibits to City Commission Agenda Item - Juvenile Transition Center CDBG Sub- Grantee Agreement with City of Boynton Beach 1. Commission Agenda Coversheet for July 2, 2002 Meeting with Recommendation to authorize 2002-03 CDBH Funding to Juvenile Transition Center and other organizations. The City Commission authorized staff to proceed with sub-grantee agreements with organizations. 2. Copy of JTC's Original 2002 CDBG Application 3. Excerpts of Minutes of City Commission Meeting of January 7, 2003 regarding prior request for funding for Drug Forfeiture Funds to JTC. This was included because of confusion as to whether an audit of the JTC was authorized by the Commission. It was not. The City Manager had the Finance Department conduct a review of the audited statements by Steve Davis, Assistant Finance Director, who is a CPA. (Note: The sub-grantee agreement between the City and JTC was pulled from the agenda pending a review by HUD as to whether there was a conflict of interest due to Commissioner Carl McKoy being elected in November 2002.) 4. Memorandum from City Manager to City Commission dated February 3, 2003 with results of City staff review of JTC's financial statements for the JTC's financial year ending on June 30, 2002. The report from staff confirmed that the presentation of the financial information was in accord with accounting standards and proper. The memo also noted that the issue related to CDBG funds would be held until a final letter from HUD was received. 5. Letter dated October 15, 2003 from HUD addressing issue of conflict of interest and authorizing the City to proceed with a sub-grantee agreement with JTC 6. Letter from Palm Beach County summarizing review of JTC's financial statements. 7. Resolution Authorizing Sub-Grantee Agreement between City and JTC (This is the action item on the Agenda for November 18, 2003) 8.Proposed Agreement between City of Boynton Beach and JTC. KB:I 1/17/03 r... : V Z ;,cONSENTi .AGENDA .. · ~e:5, ~ (~:~ ~])' ' '.' . ~'~ ..... G~nt ~unt . ~,~ R~mmendaflon' '~: * ~ ~r'C~ild~, Inc. I ~e a D~m ~ '5,0~ .~,'~ ~[.,.~ ~e~~.~ ........-. :.*' .. ~..........:.... .. .... . . CITY' OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT DIVISION .OF COMMUNITY REDEVELOPMENT ACTIVITY APPLICATION FORM_ READ ALL INSTRUCTIONS .BEFORE.. COMPLETING APPUCATION *"APPLICATION MUST BE TYPED~ DUE DATE IS MAY 6, 2002 BY 5:30 P.M. FOR ASSISTANCE CALL (561) 742-6066 I. APPUCANT INFORMATION The Juvenile Transition Center, Inc. ' OR6N~7.~TtOt0At3En ~t NAME:: Com',~': Stcphanic ]Vfingo-McKoy Tn'u~: President Avo~ss: P.O. Box 4102. Crn,, sT^~. zp:Bo, mton Be_a~ Florida 33424 (~.~.A~OE) p~Ut~,e~: (561) 313-4645 t~=~ CO~) ~:~xnu~m~: (561) 364-4079. PEm~ ~ W~C, ~VS,'~ October 1, 2002 t~hru June 1, 2003 BEING REQUES'TE~. .- Prom' (SEE SECnO~ I. ACTIVITY AND PROJECT INFORII~TION THE WORD 'A~ AS USED IN THIS AppuCATION DENOTES THE ACTION FOR WHICH FUNDS ARE BEING REQUESTED. THE WORD "PROJECT" AS USED IN THE APPUCAlION DENOTES ALL THE ACTIONS (oR ACTNmES) THaT CONS~rrE THE PROJECT. IN SO~ mSTASCES, THE ~ IS THE ~4E pROJECT. !~ THE A~ FOR T FUNDS ARE BEING REQUESTED PART OF AN OVERALl. PROJECT? YES C) NO PLEASE DEscmBE THE PROJE~T j~;~ND EXPLAIN HOW THE -ACTIVITY .RELATES--TO THE PROJECT (i.e., LAND ACC~USFnoN TO OEVEL~ A PARK}: exclusively for thc Boyflton Co~m,,~ty to combat juvenile ~lin~ucncy and cconon~ic dCl~vatio=. intends to j~¢p~rc each pazt~c~ fiD= thc Flo~i~ Comlxchcns~on Act~cv~,ncnt T=st ~CAT) o= ex. as (coutiugeut ou the indies ueeds), provide employmeut ~ & post job ~eads daily (Job leads available for ALL Boynton residenls) and, to demonstmIe community in~resi by planning & implementing Family · ori~Med pro~ects. To replicate the success o£previous programs implemem~l by the Juvenile Transition Cen~er, Ibc E.$.T.E.E.1VL tno~t~m ~ Kssist i~s pm~icipams fl~m~h · comNehensive ~um oF and social activities. ESTEEM Participan~ will have a~ opportuBity to high school ~ from the ?_~m Beach Co~mty Sd~ool Board for ~¢ performance of 2.0 or ~ter. Dur~ff t~ reflular s~hool year ESTEEM pm~i¢ipams will he able to earn ~ school c~edits, ~ ~ a~l pleasure fiekl trips duri~ school b~eaks as · n inceu~v¢ to heighten th~ a~sdemic achievemcu~ TERMS IS PROVIDED IN SECTION IX OF THE Ar~'U~;~.~. r.~u.,-~.~ ~- ARE SUMMARIZED IN SECT~N )C REHABI~A~ O ~ON OF REAL PROPERTY CODE COMPUANCE O PUBUC FACILmESIIMPROVEMENTS DE~oLrno~~CE O RE~OVAL/~C,n'Ec'nm~ SARm~ · PUBLIC 8ERVICT=S {~ ADMiNlSTRAllON/SALARIES HISTORIC PRESEI~ATK)N I~i SPECIAL ECON~ DEVELOPMENT PLANNING Q SPECIAL ACTIVITY BY A Fmploymcnt T _raiH~ · · - ......... "'"'"~ ~R ACTIVFHE~ SUBMITTED 15¥ BOARD. pRIORITIZATION MU~/ ~ rr~vn~-w r~ ______. --~ AND BY APPLICANTS WHOSE ACTIVITIES ARE LOCATED WITHIN MUNK;;PAU I'== AT'r~,~O Ex~uan' "A" ;o~ UO~E O'=TAU-). PR]ORIT'f HUMBER [-~ ,, B. INTER.RELATED ACTIVITIES IF SEPARATE AppLICATIONS ARE BEING SUBMITTED FOR INTER'RELATED ACTIVITIES, PLEASE COMPLETE THE FOLLOWING: NUMBER OF I~TED ACTIVITIES, INCLUDING TN~ APPL/CAT1ON: ACTIVITY TYPE: ~ FCAT & CoBe~ prep Support and Work Et~cs Developmmt C. ACTIVITY DESCRIPTIO/~I 1. ACllvrrY_DES(3~JL~'K~'.- PLEASE DESCRIBE THE ACTIVITY IN DETAIL. AND BE VERY ~ TO °HOW THE GDBG FUND~ ARE PROPO~ TO BE USED (A DETAI~n DESCRIPTION ~$ NECE~ARY TO DETERmiNE EL~BIL~. ! Youth ~n~ and Sob Additional, the ES~ .r~rdcipza~s v411 s~re ia Bornton's HeOtageFest to raise an awaren~ ofo. dmrai Center operational hours are Tuesday-Thursday 3:00-6:00. a. PLEASE ~ THE OBJECTIVES, IN MEASURABLE TERMS, PROPOSED TO BE ACCC~Ptra,EO 0~2UOE T~E OF tear UEASU~ {e-g-, UaE~ OF StOeaALKS} U$~EO m ~u,eE~oo( 2, eAr~ 3;~). r-oat ~CTetmEs mvoLVe~a NEW CONSTRUC11ON OR EXPANSION, PLEASE II~ERT THE SlZE OF THE FACILITY. assessment activ~es to bette~ l~repa~ Progress Rq~o~ts, Report Ca~ds, FCAT program youth for FCAT or College re~Its ~d/or SAT, ACT r~t~. Wor'~orce Devdopma~ Center. the leads Frodd~. To impkunmt youth community projects A monthly lo~ ofth~ vohmtcer st~vice b. AR~ CDB6 ~ ?O nE tmm~ ~on ~ m:oNomc DEV~LOP~ ~ YES IF "YES", PLEASE SPECIFY NUMBER OF LOWIMOD JOBS TO BE CREATED OR PROJECTS. THE CITY OF BOYNTON.BEACH MAY mE CONTACTED FOR ASSISTANCE. , 2. ACT1vrrY SPECIRC INFORMATION a. ACTM~S INVOL~d~G LAND ACQUISITION AND/OR NEW CONSTRUCTION, PLEASE COMPLETE; (1) IS'I'HEPA, RCELOFLANDVACAN'~ · YES O NO I (IF "NO", INDICATE EX]STING LI~E OF THE SITE)= (~; "NO', PLEAS~ ~XPU~): .... b. ACTIVITIES INVOLVING ACQUI~TTION, REHABILITATION OR DEMOLITION OF ST~UCrUP. E(S), PCEAS~ COa~: (1) ~S (tF"YF.S", ~mCA~ PREVtOCm USE OF S'm~): , . I~""o","e"o~i~~ 6~ ~ s~): , , , ,. (2) ~ ~ ~~ w~ ~T: (~) ~~ ~ ~~ OF ~ ~.e (s~~ ~~, ~NFO~A~): , , (4) ~ ~. ACTIVITIES AS MENTIONED IN SUBSECTIONS "a" AND "b" pLEASE COMPLETE: (1) HAS srn~ comRot. BE~ OS~A~F.~? YES (U: 'YES", rmCUMF. NTAT~, [e.g. SALES CONTRACT, r~a, ETC.] SHOm~ srrE CONTROL MUST BE ATTACHED). (2) ~s THER~ A UE~ O, THE PROPERZ~ YES (3) ~U~ PUm~C WATER AND SEWER AV~L~=? Y~S (4) ARE TAX~S CH THE PRO~ER~ CURR~T? YES (5) IS 'fOUR AGENCY EXEMPT FI~OM THE PAYMEHT OF REAJ~ ESTATE TAXES? YES (6) ~S THE PROPERTY CURRENTLY MORTGAGED? YES (7) IS THE Ac'riv~ IN COlaPLIANCe wm.I ZONING AND LAND USE DESIGNATIONS? YES d. ~. AgmmoN TO COMPLET~G ~S "a' AND "C' A~OVE, AS APPUCA~LE, PLEASE CO~PCETE/ATTACH THE ;OCCOmN6:* (1} dUSTU~ Am) r~.U~ENT ~ NEED FO~ HOUSm6 ACTIVITY: NOT AP PL]CABLE i ' ', (2) HOW ~ UmTS A~E TO SE PRODDED O~ mPROVE~ SY T,E ~:Twrr~ - | NOT APPLICABLE I. , , (3) PLEASE EXPLA~ m3W 'mE AFFOm:te. mUTY' O~'THESE OmTS WILL CREA't'EO AHO ~M. mTAn~EO. RENTAL Pm3JECTS mOST mCLU~3E THE PROJECTED' (4) RENTAl. PROJECTS MUCH ATTACH PROJECT COST PRO FORMA~ AND AN OPERATtOI4AL PRO FORMA. ACTIVITY IMP ~LI;MENTATION AND MANAGEMENT A. ACTIVITY IMPLEMENTATION ACTIVITY IMPLEMENTATION: EXPLAJN IN DETAJL YOUR PLAN OF ACTION, FOCU~NNG ON HOW THE AGENCY (AND WI'lO, SPECIFICALLY) WILL IMPLEMENT THE ~. ALL APPLICANTS ARE REQUIRED TO PROV]DE INFORMATION RELATIVE TO THEIR EXPERTISE. IN YOUR EXPLANATION, DESCRIBE ~F At~Y POUCIES, PROGRAMS, ETC., NEED TO BE DEVELOPED, AND IF ADDITIONAL PERSONNEl. IS NEEDED TO IMPLEMENT THE ACTIVITY: Thc ~uvcnilc T~aasition Center intends to implement a technology-based _ed~,_¢afional component that will encompass various FCAT applications. The Executive Dircct~ will provide educational assislaaco, roach job training ._,kills and spearhead all youth ~ projects. Thc ^dmlni.malive Assistam wRlhandle clerical dales (Case MmmgcmmI, assistiug thc youth with dcvolopiag and applyi~ ~ social .&ills. This year we expect to have a follow-up invt~igat~, who w~l mak~ coatact ~ o16 and now ESTFiF. M participants on a weekly basis to determine ii'the!¢ ar~ .invo~.~ in productive activitios (¢xtra- curri¢,d~r school activiti=s, =mployect, College, Technical School). We ar= also loo~iag lo,ant to a pool o£~ teachcrs/vol~ to offt~ stramsic taloring tcch~qucs, as ~ as facilitate the coc,,,;~ity projects. Last year, stadcats crcamd Holiday cards, made liuit Hcstc~ Commua~ Ccaic~'s S~fr_ Additioaal~, tl~ smdg~ w~r~ iavolvtd with makiag Slag VIP passes for Hcr/tagcFcst 2002, assisting at thc Youth Luncheon, and the Battle of thc Bands, which fcatu~d thc "Florida A & M Ma~ching 100". If flmdcd by CDBG, the Suvcnil¢ Tr~m.~ition Cemc~ intgads to implcm~t projects that would hilghlight thc Boyato~ Comnmn~, but more .~.~iflcamly, tho Boynton ¥outk a. DOES IMPLEMENTATJON OF YOUR ACTIVITY REQUIRE A LICENSE TO OPERATE?. {IF "YES", ATTA~'H A COPY OF LI~ IF YOU DO NOT HAVE A UCEI~E, PLEASE EXPC~UN}: 6 2. PRIVATE AGENCIES: PRWATE'AGigJC~S MUST ATTACH AN ORGANIZATIONAL CHART wr[~H A UST OF CURRENT ~$ AND $~. 3. PLEASE COMPLETE THE ACTIVITY/PROJECT WORK PLAN BELOW: '.. 'Technology-Based Remedial:ion October 1, 2002' May 30, 2003 .:. Job Training S~'ll.q/Job Posfing~October.1, 2002 May 30, 2003 · · Community Service Proj¢ .c~ October 1, 2002 May 30, 2003 7. IS THE FACILITY LEASE]), OR ANTiCI~TED TO BE LEA.9;ED BY USERS OTHER THAN THE (IF "YES", PLEASE COMPLETE THE FOLLOWING INFORMATION): a. NAME OF PROPOSED USERS: , , b. ~o T~E Pm~eoseD US~RS.~T~D TO ~ FEES? ~ ~ .O [~ (~F "YEs", PCEAS~ EXP~N}: ...... 9. DOES IMPLEMENTATION OF YOUR ACTIVITY I~IRE A LICEI~E TO OPERATE? OF "~.S", xTrAcH COPY OF t.tCB~s. ,: YOU OO NOT tU~ ~ uc~-NsE, EXPUUN): ...... B, .ACTIVITY .LOCATION PLEASE COMPLETE THE FOLLOWING: 1. ACTiViTy ADDRESS: I ,1901 North Sea~. ,Boulevard , I ,., 6. OWNER'S PHONE NUMBER: (:~]) 742-~00 ?. ATTACH TY~O :~2) MAPS A STREET MAP; THE OTHER; A PLAT MAP SHOWING LOT AND BLOCK NUMBERS, C. MAINTENANCE/OPERATION COMMrTMENT P~.ASE EXPL~ THE sTEPs TO ~E TAKE~ TO ENSU~ THE MAINTENANCE THE COMPLETED ACTnm~. A LETTER CEm"FY.~ THi~ O~C=AN~Z.A'nON'S CoMMr~Em' "U.~/ BE ATTACHED. , ........ Thc Sure'nile T~ans~o~ Cc~t~ ~ ~m extremely v~abJc ~gan~on ~ a proven track record ofprovi(fing comprehensive youth p~ designed ~o eradicate iuv~m'lc dclin(mcncy and economic dcr~vagon. IV. pROJECT AND ACTIVITY BUD(~,,.ET PI~X/ECT BUDgie'T: PLEASE ATTACH AN ITEMIZED TOTAL PROJECT BUDGET, AND COMPLETE THE FOLLOWING~ 1. PLEASE INSERT THE TOTAL PROJECT COST: $_~ 320,750 2. ~o;s T,£ TOTA~ P;OJ,~r co~r ,N¢~uO~ ~U,OS FeO~ OT~R -OC~ IF '"YES", a. ooEs T,; P~ eE~U~eE M~mCWNG FUNOS? YES I'-i NO b. PROVIDE NAME OF AOENGY, PROORAM{'$) AND AMOUNT(S), YEAR AWARDED OR TO BE AWARDEO, ANO EXPIRATION DATE OF AWARD. SUPPORTIHG AGENCY ,PROGRAM{S} AMOUNT(S} YEAR i I s I J- ( IF"yeS'; eROV;OE n~E ~d~E OF 1tie eROGeA~($}, [e.g., CDBG, HOME ESGP], A~OUaT(S) ~ao ~_a~S) FUNOE0. PeOGeA~(S) 4. OF THETOTAL PROJECT c~L~I'_ WHaT INSERT PERCEmAGE DE~D: $~ (d~l~d ~1 B. ACTIVITY BUDGET: PLEASE COMPLETE THE 1. PLEASE INSERT THE TOTAL ACTIVITY C(~T FOR WHICH FUNDS ARE BEING REQUESTED ............................. tF THE ACTNTTY iNVOLVES ADMINISTRAllVE E)G:)ENSE$, 28.000 INSERT THEAMOUNT ON THIS UNE ..................... 3. PI.~,~SE INSERT THE AMOUNT OF CD~G FUNDS REQUESTED r-on'mE),c'n~ .................... $~ CZ}BO TO nE USEO TO ~TCH T.E ~cTrvrrY COST ........ . {sues~cnc~ D ~Low ~UST .~ co~pt~rr~) ~. Pt~.ASE E.T~ ~4~ SU~ OF ~ ~ ~ Cm T~US UNE ....... $, 6. PI.EASE ITEMIZE THE ACTIVITY BUDGET: ATTACH ADDITION~ SHEETS, IF NEEDED ITEMIZED ACTIVITY BUDGET ~IZED PROPO6ED {~ OF CDBG FUNDS Technology-Based FCAT &SAT&ACT soltware 100% $4,000 Job Posting supplies ] 00% $2,000 ~ctors Salves 30% $ ! 6,000 Ad~n~iga~e Asst. 50% $I2,000 Commun~ t~oject Supplies ~00% $~-%~00 7. )aE CDBO FUNDS SEJSO ~C-qU~STED FO~ T~'WE~.? YES [] ~O J~ tF "YES" Pt. EASE EXPIJdN THE PURPOSE OF TRAVEL AND ESTIMATED MILEAGE: 8. ~ CDB(~ FU.OS Se~ .SqUESTED ~ ^~rE.DA,C~ TO 9. ARE CDBG FIJNDS BEING REC~ESTED TO.RENT SPACE? YES ~ NO I IF "YES", PLEASE DESCRIISE ACTWTTIE$ TO TAd(E PLACE IN THE RENTED AREA, AND INCLUDE THE SQUARE FOOTAGE: 10 C. PROGRAM INCOMEA~VENUF~,. P OPOS; TO ,.COU= REVENUES? 2.PLEASE UST ALL PROGRAMS OR ACTMTIES THAT GENERATE, OR WILl. GENERATE, INCOME: AMOUNT OF INCOME ('~daA,~'Ar~'wrrv , , , GENERATED ANNUALLY Cdebr~ 1~a.~on Show (Local Celebri~ie~ & Youth) New Event New Event APPLICANTS ARE ENCOURAGED TO PROV/DE MATCHING FUNDS. MATCHING CONTRIBUTIONS WILL POSITIVELY IMPACT THE APPUCATION. 1. MATCHING FUNDS MUST BE D .I~E .C'.TLY~ ASSOCIATED WITH THE DEVELOPMEHT OF THE ACTIVITY. PLEASE CHECK ONE OR MORE OF THE FOLLOWTNG ELIGIBI.E MATCHfNG COttTRn3UTIONS: CASH CONTRIBUTIONS; OTHER FEDERAL, STATE OR LOCAL GRANT~ OR PROGRAMS; PRNATE LOANS; FUND-RAISING MONIES; VALUE OF LAND OR REAL PROPERTY; (P~ SPECIFY WHO OWNS THE LAND OR REAL PR~)PERTY. IF T~'rd~ BUIU)ING ~ OWNED BY THE APPUCAHT, PLEASE EXPLAJN/F IT ~S INTENDED TO BE MORTGAGED): ..... VALUE OF IN-KIND CONTRIBUTION, JN.GLUD~G DONATED MATERIAL OR BUILDING; AND VALUE OF LEASE ON A BUILDING (STAFF TIME EXCLUDED). FAJR MARKET VALUE: , , 3. pLEASE UST ~# DETAIL.. THE. CONTRIBUTOR, THE~.TYPE. OF-CO~i~l~m01~ (e.g. GRAI4T$, LOAJ4$, OW~l SOURCE OF FUNDS), THE AYAZL.Aml..ITY OA,TE AI4O THE ,t, MouJ~ OF ALL MATCHING CONTmm, n'loNs. EYmEJVCE OF A¥,~f. XBUdTY Muir .E ATTACHED. (SUPPORTING DOCUMENTA ,T~N. ,MUST BE INCLUOED). iF NO DATE IS PROV#M~), PLEASE E~.AJN: , The ~w~n% Tnms~don Om~e~ has reepond~ to a RFP soSched by ~e PBC Depertm~ ~ ~ the~tin~. ACTIVITY, IMI~AC"I' ALL DOCUMENTATION INCLUDED IN THIS SUBSECTION MUST INCLUDE REUABLE ~)URCE~ SUCH CENSUS INFORMATION, COMPREHF_N~IVE PLAN, CON.fOMDATED PLAN OR STUDIF~ PERFORMED. PI. EASE ATTACH EXCERPTS FROM THE DOCUMENTS USED. A. .,J.~J~ST~FI~ATION FOR FUNDING ACTIVITY , DS )ZSE S MENT 1. Pl~ IDENTIFY AND DOCUMENT THE NF:FI~ S) THAT WILL BE ADDRESSED BY THE ACTNtTY FOR WHICH FUNDS APE BEING REQUESTED; p~sed ~t~ Florida Comp~ Achievemem Test (FCAT). TI~ re,u-ch a/so d~ ~ economicz of tho students, which revealed whedxer thexe was a con~lation betweon soci~ and acad~ Research continues to show students ~om low-to-moderate income areas performed poorly, or was unable to complet~ testing in & timely manner. To aid in ~ tho sadisti~ cycle of welfare depcndet~, the ITC intends to promote self-sufficiency by provltllno~ job training ~i611~, and posting job vaomcies ~ could lead to securi~ nmmi~ful ~mploymem 2. -Lr=A~e r-.~L~N HoW ~.l~ A~J,WTY mU. ~UC~SFUU. Y ADDRESS THE NEEDS ' IDENTIFIED ABOVE. IN YOUR EXPLANATION, INCLUDE-WHAT WOULD BE THE DEGREE Wtti~ the ~c~! ~ of th= CDBG :alloc~6on re~ueste~ tl~ E.&T.£.E.M. yomh w/Il receiv= structured acadcm/c serv/ccs, resources, leads for employment opportunities, and community involvement fxom a positive perspecti~. Th~ most critical com~ of the E.$.T.E.E.bt program will provide the youth with FCAT /SAT/ACT s/mulated matcxia/s to prepare them for the actual test through sample, 3. ~RO~ A Fnt~q~ p~q~mcrrnm, ~x~t.~N ANO JO~T~Z tU~ REASON WHY CDBG FUNo$ REO~mSTE~ ~ ~EEOEn (i.e,, ~m~gmo o~): . . To close the financial gap, and a ~ugment the Boynton youth being served, tho CDI3G funds requested arc essential to the success of thc E.S.T.E.E.M. project B. ACTIVITY BENEFIT PLEASE IDENTIFY THE FOLLOWING: 1. TOTAL NUMBER OF ~N9 TO BBNEf~T ~y~~ ~. ! 1Vlinimum °f 35 min°rity at'risk y°uth fr°m lhg B°ynl°n C°mmunity 15-I-Iaitian, lO-African .Oa - ican, and 10-Hispanic Tho regs allow for 20% to be above ~ ~. Add~t,~dly, there are rmny families that ar~ umble to moe~ tim flnamial obligation ofp~ying for servica~ of this are barely above income guidelines. This will afford those F~/l/es the opportun~ to obtain assistance for ~ ~ 3. FOR ACTIVITIES LOCATED WITH OUR MUNICIPAUTY PROVIDING OR PROPOSING TO iN_O~&'n= wu,~'r m=RCENTAGE OF THE CLIENTS 4. SPECIAL POPULATIONS TO ESTIMATED CA~E=O~ ~,opu~o~ ~O~EL~SS ....~ .............................................................................. , ~,. ELDERI.Y ........................................................................................ · , ~ CHILDREN AND TEENAGERS ........................................................... [~ VICTIMS OF DOMESTIC AZrSAULT ..................................................... c. .~'nvn'Y co~r~,ESS ~0 ~T~.SO,A~L~-SS O; cos~r. ~ 1. PLEASE DETERMINE THE AMOUNT OF FUNDS USED, PER PERSON, BY DMDING THE TOTAL Fl. Iy_r~_ p~F_crrED BY THE NUM_~ER OF ~1~ DIRECTLY BENEFITING: ,, 2. JUST[FY AND DOCUMENT THE ~NABLENE~S OF COST FOR THE AMOUNT OF CDBG FUNDS REQUESTED PER UNIT OF MEASUREMENT AS INCLUDED IN THE ~ ~..SC~.T~. SEC~O.: , ,, , .... A_ cost anatysis was conduct~ usin~ t~c Dcl~m~ of ~avcm~e ~as'dcc e~d palm Beach county Schools salaries, and FTE (cost of scrvi~ per child). Each participant w/Il b~ given ind/v/dual/zed im~ruction Ii'om Stat= of Florida ccrfifiedtcachers. The Stwcnil¢ Transition Ccnirr is accreditS:through the Palm Beach County School District. The IXOglam has shown substantial improvements among previous participants who were ident/fl~ as having bas/c literacy skills deficiency and/or behavioral inad~uacy. CON~IOERING THE Goer OF THE ACTIVITY AND THE ~.RVICE IT WILL pROViDE, HOW T~c Boazd of'D~rcctms wLl] pomona quality assunmcc cveJuafions to monitor the progress of the m~on To ensmc financial ~ and accountability, an independent audit, will be conducted by a local accounting firm. The Excxmtive Director will ~valuai= the pcrf~ce ofail employc=s ~n~l ~nntrn~t~r~ 14 4. EXXON HOW YOU DETERMINED THE AMOUNT OF FUNDS NI~)ED ~ THE~ (~-9- A ~ PERFORMED OR A CONTRAA~TO~S E~NI~TE RC--qI~.$T~O). BICLUO~ ANY OTHER RELEV~ WFORMATION THAT IMLL HELP EXPLAIN YOUR DETERMINATION OF THE AMOUNT OF FUNO$ NEEDED. The Suvenile Transition Center currently operates under similar guidelines as the Palm Beach County School District along wilh their pay scales and cost factors VI. . CDBG NATIONAL Oe, JF-,.CTIVE RE.qUIREMENTS ALL CDEK~-FUNDED ACT~VITIE~ MUST MEET ONE OF THE THREE NATIONAJ. OB.JECTIYE~. IDENTIFY THE NATIONAL OBJECTIVE TO BE MET BY THE ACTn~TY AND EXPLA/N HOW rr W/LL 8E MET. (PLEASE READ SEGT1ON VI OF ,'THE IN~I'i~JCrlON$ T0 ,I~'TERMINE WHAT OBJECllVE YOUR ACTIVITY ~ TO MFS'T; AND S~GTK)N II OF THE APPLICATION ?0 REL~TE T,H~ pROP(~ED ~CTMTY WITH )~P~LIC~_m F NA?]ONAL, PLEASE INDICATE THE NATIONAL. OBJECTIVE TO BE ME~T: (CHECK ONLY ONE} A. .T~O BENEFIT LOW-AND MODERATE-INCOME PERSON~ 1. I.f THE ACTIVITY LOCATED IN A LOW- AND MODERATE4NCOME AREA? YES NO ~ 2. DOES THE ACTIVTrY PROVE]E ~)F. RVICE~ TO ALL RESIDENTS OF THE AREA? YES- NO [-'! 3. DOES THE ACTIVITY PROVIDE SERVICE~ TO PRIVATE GROUPS? YES ~] NO (F ~YES", PI.EASE us'r oRouPs): ............ 4. DOES THE Ac-nvrrY ~ s~ TO ^ UWTED CUENTELE? S. DOES THE ACTnmY Pn0V~E ,OUS.~=~ LOW/MODERATEHNCOME r'=R$ONS? 6. DOES ACTIVITY CREATE OR RETAIN PERMANENT JOBS WHERE AT LEA~T 51% OF THE LOW~zMODERATE INCOME PERSONS? B. TO Aa) IN THE ~ON OF ELJA~NA?~ON OF. SLLFM. AND_R~. .. L~ 1. HAS AREA BEEN DF. SIC. NA~ "SLUM AND-~ BY THE STATE OR COUNTY? YEs [] No i"1 · 2. WILL TI. US ACTJV~Y ADDRESS SLUM .AND BLJGHT ON A SPOT BASIS? 15 · .u, Id [APMENT MK~D OF PildqllCU~ U .RGENCY. EXPLJUN HOW YOUR ACTIVITY MEETS THE DEFINITION PROVIDED IN THE INSTRUCTIONS SECTION: , .... VII. ~_~GAL STATUS AND CONSISTENCY .WTi'H LOCAL GOVERNMENT',.AL PLA~..S THE FO'~' O,mNG DOC_~_:~-"_,qTA~ON MUST BE Su~rrrEo ~-THE' APPUCA?mN-'AG rr ,*q'eu~ TO yOUR f4GENCY. PLEASE IDENTIFY THE TYPE OF AGENCY REQUE~¥iHG FUIV~iHG. A. OTHER AG,ENCIF_$ OR ORGANIZATIONS- SPECIFY: ~ . NON-PRO~TO~C, ANU'-AT"~" COMMUNrrY Dm~:COFMENT BASED ORGAmZA~ON (SEE GLOSSARY OF T~RMS) SMAU. S~ ~r~ESTUEm' COMP,U4Y (Sr:G ~Y OF TEKMS) LOCAl. DEVELOPIIIENT COIqIJ'OI~TiON (SEE GLOSSARY OF TERIKS) OTHER; EXPLAIN: . 'DOCUMENTATION REQUIRED 1. PROOF OF 501(C) TAX EXEMPT STATUS FOR NON-PROFIT AGENCIES- 2. ARTICLES OF INCORPORATION. 3. BY..LAWS~ 4. OCCUPATIONAL LICENSE AHD/OR FICTITIOUS NAME REGISTRATION. · ' 5. LETTER OF SUPPORT FORM OTttERAGENCIES 6. Auorr AND/OR AUormD FmANC~ STATEMENT FROM LAST YEAR OF ~11ON. ?. DOCUMENTATION sHOWING PAST P~E ON ANY LOCAL, STATE OR FEDERAL FUNDING PROGRAM. LI~--T THE OBJECT/YES AND PERCENTAGE OF OB~JECTlVES ATTAINED. & copy 0~ ucENsKs} To FEB-06-2002 HED 02:20 PI1 ~R'rBI~N f,,;-C'~ON ¢:'iD SAilS i'"~ ,'lO..i.~b4~qiZUUb r. u~/u~ C£zent : 478 0 AC_D2~. CEFITIFICATE OF LIASlL. ITY INSU 'BaCeman, Gordon & Sands, Znc · '"~ P.O. Box 1270 Pompano Beach. FL 33061 The Juvenile Transition Center ~,~u~Burlin__~Lton' Insurance Co/H~-~ &-~ Boynton Beach, FL 33424 .... I ~su~ ~, .... .al-,~-,_,,,:~, ~0~6~QSl0~ !o~/~Z/oz I0~/21/02 ~.~=~.,~ ~.z- 008- LX..j c~,~,,=~,. ~ u,,.,,-, I ~ ' _ .... 000.. ~HEOULEO ~TO~ i . ' '~ ' " ~ ~o ' ........ ~~z~ ~ov~ag?s o~ as c~zr in=erest ~y a~ear for the ~rk ~P~: (561) 963-6747 Attn: S~ Yin~er Palm Bea~ Cowry Park A Recreat ion 2700 6=h Avenue South ~~~~~~'~~m~ Lake Worth, ~ 33461 FRE~ : ATUE~3D IN,SIJRAH~- izlC.-ENCY Il'lC FAX ~. : ~1 ~ 1~0 ~. O6 2~ 12:~ P1 ~ CERTIFICATE ~ LIABIkl~ INSU~NC~ ~ =~'"~ ' ~ 216/2~02 ATWCOD INSU~C~ ~Cv. I~C ~' ~ ~ ~ ~ ~ ~ 5154 C~ECHOBEE BLVD. ~ ~ C~ ~~ BY ~E ~=~ ~EST P~ B~ACH, ~ 33417 ~ The Javenile Tzan~i%~on Cch:er, Inc. ~ ~cia=~d. Industries Ins. 1901 N Seacrest Blvd. ~e . . ~oynton ~each, ~ 334Bfi ~ : ~ ~A~ S -- i ~Y~ 2001327211 7/20/01 7/20/02 g~~ sl00, 000. K~, ~ ~ ~~_~3~ ~2L~ --v~-~ ~ ~ ~ ,~ ~ ' ...... : I Fax 561-369-8697 INTER/qAL REVENUE SERVICE DEpA.~T~-~-NT OF TH.E T ~REASURY DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: DLN: 17053291964007 THE JUVENILE TRANSITION CENTER INC Contact Person: 69 CITRUS PARK LANE D.A. DOWNING BOYNTON BEACH, FL 33436 contact Telephone Number: (513) 241-5199 Accounting Period Ending: June 30 Foundation Status Classification: 509 (a) (1) Advance Ruling Period Begins: August 8, 1937 Advance Ruling Period Ends: June 30,. 2002 Addendum Applies: No Dear Applicant: Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have dete~nined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c} (3). Because you are a newly created organization, we are not now making a final determination of yOur foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in sections 509(a) (1) and 170(b) (1) (A) (vi). Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have 'met the reqUire- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as .a section 509(a) (1) or 509(a)(2} organization as long as you continue to meet the requirements of the applicable suppor~ test. I~ you do not meet the public support requirements during the advance ruling period, we will classify you. as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of sectio~ 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you send us the reqUired information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make a final determination of your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we Letter 1045 (DO/CG) THE JUVENILE TRANSITION CENTER INC · grantors and will no longer treat you as a publicly supported or~anizat~cn, contributors may not rely on this dete_~nination after the date we publish the . . ur status as a publicly supported or~ani- notice- In addition, if you lo~e yo ..... ~ ~or o- was aware of, the contributor was re~po~ ~ , - zation, and a grantor or your loss of such status, that person act or failure to act, that resulted in . 'may not rely on this determination from the date of the ac~ or failure to act Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then that person may not rely on this determination as of tke date he or she acquired such knowledge. If you change your sources of support, your purposes, character, or method of operation, please let us know so we can consider the effecu of the change on your exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. ALSO, let us know all changes'in your name or address. As of Janua~ 1, 1984, y~u are liable for social'security taxes under the Federal Insurance Contributions Ac~ on amounts of. S100 cr moke you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations tha~ are not private foundations are not subjec~ to ~he pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Code. However, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or o~her federal taxes, please let us know. Donors may deduct contributions to you as providedin section 170 of the ' , devises, transfers, or gifts to you Internal Revenue Cod~._ ~_.q~t~rl~~ estate and gif~ tax purposes if they or for your use are =e=ucu~m~= ~ - meet the applicable provisions of sections 2055, 2106, and 2522 of the Code Donors may deduct contributions to you only to the extent that their Contributions are gifts, with no consideration received- Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions depending on the circumstances~ Revenue ~ ~ · ~9~6~-~ on page 104, gives guidelxnes regarding when taxp y other participation in, fundraising activities for charity. You are not required to file Form 990, Return of Organization Exempt From income Tax, if your gross receipts each year are normally $25,000 or less. If you receive a Form 990 package in the mai!, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or. less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth month after the' end of your annual accounting period. A penalty of $20 a day is charged when a return is filed late, unless there is reasonable cause for Letter 10~5 (DO/CG) THE JI/VENILE TRANSITION CENTER INC the delay. However, the maximum penalty charged cannot exceed $10,000 or 5 percent of your gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for.an organization with gross receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be char~ed if a return is not complete. So, please be sure your return is complete before you file it. You are not required to file federal income Tax returns unless you arb subject to the tax on unrelated business income under section 511 of t.he Code~ If you are subject to this tax, you must filean income tax return cn 990-T, Exempt Organization Business Income Tax Re=urn. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code.' You are required to make your a~mual return available for public inspection for three years after the return is due. You are also required to make available a copy of your exemption application, .any supporting documents, and this exemption letter. Failure to make these documents available for public inspection may subject you to a penalty of $20 per day for each day there is a failure to comply (up to a maximum of $10,000 in the case of an annual return). You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, we will assign a number to you and advise you of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. If you distribute funds to individuals, you should keep case histories showing the recipients' names, addresses, purposes of awards, manner of selec- tion, and relationship (if any) to members, officers, trustees or donors of funds to you, So that you can substantiate upon request by the Internal Revenue Service any and all distributions you made to individuals. (Revenue Rulin~ 56-304, C.B. 1956-2, pa~e 306.) If we said in the headin~ of this letter that an'addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help us resolve any. questions about your exempt status and foundation status, you should keep it in your permanent records. Letter 1045 (DO/CG) -4- T~E JUVENILE TRANSITION CENTER INC If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. sincerely yours, ~ District Director Enclosure (s): Form 872-C Letter 10%5 (DO/CG) I certify from the records of this office that THE JUVENILE TRANSITION CE~,I'FI::R, INC. is ~ r, orp,',r~tlc, n ,, rg -, ,, ~-, -. ,~ ,,n~-' +h,-, ~=,,,- of' the q*=*" -''f Florida, filed on August 8, 1997. The docUment number of this corporation is N97000004502. I further certify that said corporation has paid all fees due this office through December 31, 2002, that its most recent annual report/uniform business report was filed on April 7, 2002, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my_hand and the Great Seal of the State of Florida at Tallahassee, the Cap. itol, this the Eighth day of April, 2002 CR2EO22 (1-99) ~.~c-r~t,'~r~ o~t~te FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State April 8, 2002 THE JUVENILE TRANSITION CENTER, INC. 69 CITRUS PARK LANE BOYNTON BEACH, FL 33436 SUBJECT: THE JUVENILE TRANSITION CENTER, INC. DOCUMENT NUMBER: N97000004502 In compliance with the request on your 2002 Annual Report/Uniform Business Report, the certificate of status for the subject corporation is enclosed. Should you have any questions regarding this matter, please telephone (850) 488- 9000. Division of Corporations Letter No. 102A00020795 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 ARTICLES OF AJvlENDMENT TO ARTICLES OF INCORPORATION OF Pursuant to the provisions of section 617.1006, Florida Statutes, The Juvenile Transition Center, Inc. a Florida nonprofit corpomt/on adopts the fol/owing articles of amendment to its articles of FIRST: Amendment to Article Ill will add the following information: The Juvenile Transition Center, Inc. is organized exclusiVely for charitable, relitgous, educational, and scientific purposes, including, for such purlx~es, the making of distributions to or~nizations that qualify as exempt organizations under section 501 (c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, 'officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for serv/ces rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereo£ No substantial part of the activities of the organization shall be the carpjing on of propaganda, or othep,vise attempting to influence legislation, and the organization shall not partic4pate in, or inter,erie in (including the pubb'shing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code, or (b) by an organization, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future federal tax code. Upon the dissolution of the organization, assets shall be distn~outed for one or more exempt purposes w/thin the meaning of sect/on 501 (c) (3) ofthe Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distribut~ to the federal government, or to a state or local government, for a public purpose. Any such assets not d/sposed of shall be disposed of by the Court of Common Pleas of Palm Beach County/n which the principal office of the organ/mt/on/s then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, .which are organized and operated exclusively for such purposes. Amendment to Article IV will add the following information: On October 1, 1997 at 7:00 p.m. the Board of directors were formally appointed by the President and Vice President to place control in the han~ of unrelated individuals selected from the community The .Juvenile Transition Center, Inc. will serve. The following were appointed: Mrs. Priscilla B. Maloney, 87 Citrus Park Lane, Boynton Beach, FL 33436 Mr. Christopher Deliso, 328 Northeast 24~ Ave., Boynton Beach, FL 33435 Mr. Lester Lockett, 251 Northeast 19th Ave. Boynton Beach, FL 33435 All of the above appointed accepted their duties and respons~ilities to serve the community in the effort to combat juvenile delinquency through education, empathy, and exposure. SECOND: The date of adoption of the amendmem was October 1, 1997 TglIRD: [XI There are no members entitled to vote on the amendment. The amendments were adopted by the board of d/rectors. The Juvenile Transition Center, Inc. /Doc. # N970001~502 Stephanie Mingo-McKo¥ President October 6, 1997 The undersigned incorporator, for the purpose of forrnine a corporation under the Florida '":-" Not for Profit Corporation ~lcl. hereby adopt(s) the following.4rticles of lncorporalion: -' "o'"' a~Za~ I NAME =' ...,,.,'fh~ name of th~ c~rporation shall b~: ' - ~._: " ~ · Thc principal place o£busincss and mailin~ address of this comoratio- shall be: - .~.gs ..t~ifiC.pu.rpo?(s) fgr whi .ch the .corpo,mion. is o~mi.'zcd is(ar~): . ~ __ -__ . u, i'f6'v .l, ,C.e aBl,tahveservlc.e.5 .anti ,ARTJULE IV MAIOIER OF Er,~,C~ION OF D~ECTORS .The manner in which the d/reCtOrs ar= elected or appo/nted is:' ':. · . -. -. , : .,~,~-. ," ~ - . . . ; · . . · . ._ ,.: .: ---- '.~-~. ,.:--: -;<.~ ~,~;~z~.;~ _ ./,u~. ~!:c¢_'-c,,'~ z,.~{/ /aW._ A~~ V 12V'J~ Rff, GIST~RED AGff, NT A31'D ST~ZT 4DDR~$~ Thc name a~d Florida street address of thc initial registered agent are: ARTI~:r.~. WI .I~q~ORPORA TOR I Sign atu re/lncol(-porn~or / '"d Date (An ndclitionnl at'fide must be added if an effective ctntc is requested.) Having been named as regL~tered agent and to accept *ervice of process for the above stated corporation at the place designated in this certificate. I hereby accept the appointment as register*d agent 'and agree to act in this capacity. I further agree to comply with the provision~ of all ,tatute$ relating to the proper and complete performance of my duties. and l am familiar with and accept the obligations of my. position as r~gistered agent. ... OccUpATiONA CITY O~ 3OYNTON B~ACH ' ~.~C~NS~ NUST E~ CONSPICUOU ' '-, ~OYNTON BEACH FL 3343~ B~CH JUVENILE.~S..ITION CENTER INI LOCATED --~,-~'.- first d~ of ~¢~nd.,~nding ~n~· ~ea.o~ ~.~.<,,.~l~:l ;[ ~~ ~ .... .: ...... ~gage In ~e b~j'p[p~_!~.O[..~pa~.~ :;'~.:7~.~.~:~1 "r ~ .... ~J~',. "*, HIS'LICENSE VALID ON'LY.~EN REbE!P~D .~Y~ , . ' , - . . - . , ..: ~. . -- ~ .' ' ~ ,~,, ~ - '. - .- ' "."- 7; ~. '".~-' .'-,./;.. '..7'."~,s:..~",'...; .,~ ,..' ...... ~.;... . ,:. ' .,' '-~ .- .... ':ir~ -..' .-j.-..-;.- - -,-'. -.' .... ... '.' ,..~.. ,:;:.."...- -; .. ' .' · . . ~ ,,. ' ' .'~ - - . -. '~ .'._ · '.. ~ ' .' .* _; ,., . · ;'- -S : ~.' .' ' ' ,: ' - '.. , .' , . . ". - '-. '." "":~ ."'~' TM ' " -~ -.- ' t '~ .- .~..~- · . ::..:., ........ OCcUPATiONAL CITY OF ~OYN'TOFI BEACH it~.~ s L ness na,~ - THE nb'r ' 3335 Fhone number - Location add? ' ~? ~ :ES, NEC Lic Nbr/C!a-ss : [ s~ue date ' '- ~ o~al ' ~ / I.;~CENS~ MUST THE JUVENILE TRANSITION CfR .~'-. BOYNTON BEACH FL 33436 COLLECTOR,~PALM _ . ~. ,. . :.. . .. · , . ~ .: , _~_ -..~...: -.-~ . -::v'~ ' .c~''. t~ ,. ', .." ~ ?:-' ~-' ..... ;~' .--' ' "" ~':- : '- . ' : ~-.' · ': :' - .- : - ;~. :' .'"~.' ': .'~' ': ~ Y.:: ~'~;.'-;~ ." '~"- '. "* ~':~ :~,~':'~'~C? - '~..' ;.,:,- ~.;5~'~'~'.r~ -' .t:'- ' .' : ,, .';: * .... . ~-. .... -,...~ ', --..,~;.~ ..- .'-. . ..- ~. '-.'~ ' -.~ '---',~ ~ ~:~ . .. . . ~'-': .k. ,. · : .:' , ~ :': ?:"~..:{: :,:.' :, ~?:<:..,:.~:-:: ::.: ~::; -.!: .... ? :.,' '- -: "+?.3;:.'~',-.;' ':'~.'~: ~' ,: .'..-.'.'.',,'.'.~;" ~,:' ? '. '.." ::.':':f ~ '~f: :-;,t f':: ";7~ L:.' :'>.:L:~ ~ .. ,".:'.:':.(~. · -~;, -- ~..~,"~r %'/.:? ._ ..-, ,. -,-~-.-,..~ ~; ,- '-., : .~ ;,: '?::,.~, ,~:~ ~.:.-: ~..~. ~ ~, '-. --~ ,. ,.~ , · .... :~;='-.~'-,-. <..~. "- . .'~.~ :~ -~-:-,., MI=HAEL j. McGOEY CPA, INC. 209 NORTH SEACREST BLVD BOYNTON BEACH, FL 33435 (561) 734-8599 Fax (561) 734-8544 September 29, 1999 To the Board of Directors of Finance Committee of The Juvenile Transition Center, Inc. We have audited the accompanying Statement of Financial Position at August 9, 1999 and the related Statement of Activities for the period then ended.' These financial statements are the responsibility'of the Organization's management. Our responsibility is to express'an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require, that we plan and perform the audit to obtain reasonable assurance about whether :the financial statements are free of material misstatement.' An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as Well as evaluating the overall financial Statement pre. s.entation. We believe that our audit provides a reasonable basis for our op~n~on. In Our opinion, the financial statements referred to above present fairlY, in all material respects, the financial pgSition of The Juvenile Transition Center, Inc. as of August 9, 1999. ' Michael J. McGoey, CPA Boynton Beach, Florida' 44 ' i ShOrt Form -Q'_Q~.~71 Return of Organization Exempt From Income Tax I F~ vvv ---- I und? _~.-o, .50~.(c).of ~ k,t~?: aov.,~, Cod, (e~otX b~ ,,,,g .b~._ .r,t m,t or I · I prr~at_e mun~.tiQ.n), ~ 527, or .sec .l~ 4947(aXt) nonexempt charitable lrust. ! · FOr orgamzauons w~ gross rece~p[s less than $100,000 and =)tel asse~s less · · ~dU.T,?pury ! -- -- . . ~ than SZ50.OOO at .tl~e. end of the ~ear. - - ~_~ ~__. I I~e or nlzation ma have to use a co~.~l~s retL~n to sa~ng requirements. · · A For the 2000 calendar ;fear,'or tax ~ear be~i~ July I· 2000, end ending June 30 , 20 B Check if afll~acable: I ~"~'~ I C Name of o~gan~a~ ' D Employer identJflcatjo~ number [] Cha,,ge d ~*~ess I?? IThe Juvenile Transition Center, Inc ~a~ or ' 65 i 0770795 [] r.~u~ I~.1 City or town, stateorcoun~,andZlP.4 I~"mP' ~ - . ( 561 )3134645 E] ,~..~. I.o.~ Ieoynton Beaoh, FL 33424 F Check ·[] ifapplJcaUon pending G Ac~c~Jndn9 method: [] Cash [] AcCrUal [] Other (specify) · I H Enter 4-digit group exemption no. (G£N) · I C,,~a~zation type (check only one)-- [] 501(c) ( 3 ) d (insert no:) [] 527 or [] 4947(aX1) · Sec~k,,~ 501(c)(3).c,,~a,~;zaZ~o,~ and 4947(aX1) ~. xemix charitable ~ m,__,~_ ~_--_-,.~h a comp_i,,_b,d Sched___,_,Je A ~o,''~ J Check ·El if the organization's Foss receipts are normally nm mom than S25.000. The organization need not file a return with the IRS: but if the orcjanization received a FOrm 990 Package in the mag, it should file a return without financial data. Some states _req,_,!re a coml~.~--~ return. K Acid ;'.~es Sb. 6b, and 7b, to line 9 to determine Foss receipts: if $100,000 or more. fik~ Form 990 ~,,~e_-d of Fo~m 990-EZ. . · $ L Check this box if the oroa~a~zaGon is not required to attach Schedule B (Form 990 cx 990-EZ) Revenue, Expenses, and Chanqes in Net Assets or Fund Balances (See Specific Instructions on pa.qe 34.) 1 Contributions, gifts, grants, and similar amounts received 37662 2 Program service revenue including government fees and contracts .......... · 186OO2 3 Membership dues and assessments 3578 4 investment income - .......................... b Less: cost or other basis and sales expenses '116b -0- c Gain or (loss) from sale of assets other th~n inventory (line 50 less line 5b) (attach schedule) -0- 6 Special events and activ~es (attach'schedule): a Gross revenue (not including $ -0- of contributions .e e. on,,ne,, ...... ' ........... b Less: direct expenses °ther than fundraising expenses .....I 16b -0- c Net income or (loss) from special events and activities (line 6a less line 6b) ....... -0- .a ..... ''a' b Less: cost ~ g°ods sold ...............[ 17b -0- c Gross profit or (loss) from sales of inventory (line 7a less line 7b) -O- 8 Other revenue (describe · -0- ) -O- 9 Total revenue (add lines 1, 2, 3. 4, 5c, 6c, 7c, and 8) · 227432 10 Grants and similar amounts paid (attach schedule) -0- 11 Benefits paid to or l~or members · -O- 12 Salaries, other compensation, and employee benefits ........... . . . . 87834 13 Professional fees and other payments toindependeot contractors .......... 21447 14 Occupancy, rent, utilities, and maintenance ' ' In-Kind" 15 Printing, publications, postag~ anc~.ship~ng ........ ' 422 16 Other expenses (describe · ~uppues; lrave,,/e~epnone[¢ellu~ar ~n~! ir~teFr~t), Ac'. ' ' i 13764 17 Total expenses (add lines 10 through 16). · 123467 18 Excess or (deficit) for the year (line 9 less line 17) ...... ~ .......... 103965 19 ~et assets or fund balances at beginning of year ~rom line 27, column (A)) (must agree with end-of-year figure reported on prior year's return) 64589 20 Other changes in net assets or ~Jnd balances (attach explanation) .... ~ ..... -0- 21 Net assets or fund balances at end of ),ear (combine lines 18 through 20) ...... · Balaiice Sheets---if Total as?-ets on line 25, column (B) are S250,000 or more, file Form 990 ;,~s[uad of Fo,',P 990-EZ. (See. Specific Instructions On page 37.) (A) eegir~ng of year I (8) End of year 22 Cash, savings, and investments ................. 19881 22 43819 23 Land and buildings. . . ~ .............. -0- 23 -0- 24 Other assets (describe · Computers, Printers, Copier, Fumiture,'Cont~ac~ts' )' 93550 24 144738 .' 2~ Total assets .... · ...... 113431 25 16855? 26 Total liabilities (describe · Insurances, e(;nd's, bo~ltr~ct'or~, I~ay~oi(y-~-d' ' i 50617 26 20003 27 Net assets or fund balances (line 27 of column (B) must a~ree with ru~e 21) 6-~81427 168554 For i=ape,-~ork Reduction Act Notice, see page I of the separate instrucUof~ ' Ca1 No. ~064= Fo.n 990-EZ (2OOO) 42 '~-;m 990-EZ (2000) Page I1~,~!1~ Statement of Program Service Acco~_,~_,;!shments (See Specific Instructions 'On pa.qe 38.) / Expenses - What is the organization's primary exeml~ purpose') Education and Job Training for 'economic disadv, youtl~ (Required for 501(cX3) .Desc~.'be what w?s achiev, ed in carrying out the organization's exempt purposes. In a clear and concise manner,/ and H) or~izations oescnbe the serwces pro~nded, the number of persons benefited, or other relevant information for each program title.!op(Jonaland 4947(aX1).for oU~rs.)mJStS; 28 During the year-round CHILLOUT pro,~ram 50 stu~e,-its were ~e;erred by thew school or juvenile 28a 189762 29 30 meet and not exceed income guidelines set by the U.S. gov ~r~7~' .... ~ ........... ~'~'1'~', 43819 (Grants $ 31 Other -program services (attach schedule) ............ (Grants $ ila Jr 32 Total ~xogram .serv~:e expenses (add lines 28a throu(jh 31a) .............. · 32 I l~rdikVB List Of Officers, Directors, Trustees, and Ke~ I.'mpIo~ees (1_~ each one even if not comj~nsated. See ..~cif'£ lestmction= ,a, pd~u (A) Name and address hours per week Of nm paid, ~rnpk:~jee henri ~ a account and devoted to position enter -e-.) defa~,d ~ omer allowances Stephanie Mingo-McKoy ............................................................. ~ program Director65p/w 58,500 4828 10000 69 Citrus Park Lane Carl McKoy ~'~'(~-i~'~'~'~i~i'~- ..................................... Vice-President 1OpM -O- -0- -0- Lester Lockett ~'~ i~' ~ ~r:t~'~ '~ ~i~ '~'~ ~j~ .............................. Chairman 5p/w -0- -O- -O- Priscilla Maloney ~'~'~i~'~'~['i~i~' ..................................... Treasurer 2 per week -O- -0- -O- aU~ram~B Other InfOrmation (See Specific Instructions on page 38 and General Instruction V on No 33 Did the organizalJon engage in any activit7 not previOUsly reported to the IRS? If 'Yes,' attach a detailed description of each activity . 34 Were a~ cflanges made. to the organizing or governing documents but not reixxt~ to the IRS? If"YeS,' attach a conformed copy of the char~es, v' 35 If the organization had income from business activities, such as those reported on lines 2, 6, and 7 (among others), but NOT reported on Form 99~ T, attach a statement explaining your reason for not reposing the income on Form 9g~ T. a Did the organization have unrelated business gross income oP $1,000 or more or 6033(e) noticel reporting, and proxy tax requirements? v' b If "Yes," has it filed a tax return on Form 990-T for' this year?. 36 Was there a liquidation, dissolution, termination, Or SUbstantial contraction during the 7ear? (If 'Yes," attach a statemenL).0. 37a Enter amount of political expenditures, direct or indirect, as described in the instructions. · 137a I b Did the organization file Form 1120-POL for,this year? ' 38a Did the organization borrow from, or make any loans to, any officer, director, trustee, or key employee OR were any such loans made in a'prior year and still unpaid at the start of the period covered by this return? ....... v' b If "Yes," attach the schedule specified in the line 38 irlstnJcti0ns and enter the amount involved. I=I $9 ~01(C)(7) organi~atbns. Enter: a Initiation lees and capital contributions included' on line 9 - b Gross receipts, included on line 9, for public uso o[ club faciliUos ........ 139b ~ 40a $OI(cJ($J organ~t~ons. £nter: Amount o~ ta~ impo~ on.tbe o,ganization during tbe 21~_r und~ section 4911 · -4)-; section 4912 ~ -o- ; section 4955 -O- b 501(c)(3) and (4) organizations. Did the organization engage in any section 4958 excess benefit transaction during the ~ar or o"KJ it v' become aware of an excess benefit transaction from a prior year?. If "Yes,' attach an explanation. c Amount of tax imposed on organization managers or disqua~ed persons during the year under 4912, 4955, and 4958 · -O- Enter: Amount of tax on line 40c, above, reimbursed bythe organization . . .' ....... · -O- 41 d List the states with which a co~y of this return is filed. ·-FIorida,-,~,, ,~,, - ~ ~ ~ -- 42 books ar in Stephanle McKo The e care of · .................... ~ .............................................. Telephone no. ~ (. 561 ) 313-4645 Located at · 1901 N. Seacrest Blvd. Boynton Beach, FL ........................... ................. - ........................................................................ ZIP+4 · 33435 43 Section 4947(a)(1) nonexempt charitable busts filing Form 990-EZ in lieu o~ Form 1041--Check here · E] and enter the a~fount of tax-exempt interest received or accrued during the tax year . . . · ~ 43 I .Pa;d' /~: s / ' ~ Date I sen~ if I Prepamf's 5SN cx PTIN 43 .? ~ MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD COMMt'SSI'ON CHAMBERS~ CI'TY HALL, BOYNTON BEACH, FLOR];DA ON TUESDAY, 3ANUARY 7, 2003 AT 6:30 P.M. Present Gerald Broening, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor Jim Cherof, City Attorney Mack McCray, Commissioner Janet Prainito, City Clerk Carl McKoy, Commissioner Ron Weiland, Commissioner I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. InvocaUon/Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner McKoy Mayor Broening called the meeUng to order at 6:35 p.m. After a moment of silent prayer, Commissioner McKoy led the audience in the Pledge of Allegiance to the Flag. D. IF YOU WISH TO ADDRESS THE COIqM_!SSIQ.~: · F]~LL OUT THE APPROPR~TE REQUEST FORM · GIYE IT TO THE CTrY CLERK (ON THE DA~S) BEFORE THE "OPENINGS" PORT]ON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McCray requested that consent item VII. H be moved up on the agenda after Unfinished Business. 2. AdopUon MoUon Commissioner McCray moved to approve the agenda as amended. Vice Mayor Ferguson seconded the motion that carried unanimously. Heeting Minutes Regular City Commission Bovnton Beach, Florida 3anuarv 7, 2003 knows industrial areas and the South Congress Avenue corridor is not an industrial area. Bonnie Miskell, 222 Lakeview Avenue, West Palm Beach, asked whether the decision would be made at tonight's meeting. Mayor Broening answered that it would. Motign Commissioner McCray moved that proposed Ordinance No. 02-062 be approved. Vice Mayor Ferguson seconded the motion. Commissioner McKoy commented that the applicant did not have legal representation at the last Commission meeting and he wanted to give them that opportunity tonight. City Attorney Cherof told the Commission that the approval of the ordinance on second reading would be deferred to the next Commission meeting. Commissioner McCray withdrew his motion. Mayor Broening acknowledged that there were a large number of petitioners in favor of this; however, this is a governance issue. The Commission should decide whether it is best for the City and he said that he would reserve his comments on this for the next meeting. Commissioner McCray wanted to state for the record that the Commission needs to give fair representation to the entire City of Boynton Beach. VTI.H. Approve a donation from monies received from Local Confiscated Funds to the 3uvenile Transition Center, inc. of Boynton Beach, in the amount of $4,000 (TABLED OAf DECEf, fBER 17~ 2002) Th/s /tern was moved up on the agenda. Mgtion Commissioner McCray moved to remove this item from the table. Vice Mayor Ferguson seconded the motion that carried unanimously. Commissioner McKoy announced that he had signed the form indicating a conflict of interest for this item and would not take part in the discussion. City Manager Bressner explained that in the past, the City Commission was asked to consider allocation of funds from the Police Department Forfeiture Donation Funds. These funds are derived from confiscated property. He said that since 1998, funds were allocated to the following: 6 MeeUng Minutes Regular City Commission Bovnton Beach, Florida 3anuarv 7, 2003 Florida Missing Children Day - two times · Gulf Stream Council Boy Scouts - five times · Glades Central High School Criminal .]ustice Academy · .]immy Rice Center · .luvenile Assessment Center~Criminal ~lustice Commission · Kids in Distress · Lake Worth High Criminal .]ustice Academy - two times · On-Campus Intervention Program South County Mental Health · The .luvenile Transition Center - six times · We Change - three times · YMCA of Boynton Beach All programs that are considered for funding are geared towards are geared toward working with youth and dealing with drug interdiction activities. The Police Department evaluates these requests; however, since public dollars are used, Commission approval is required. Police Chief Marshall Gage reported that two to three times a year the Police Department is approached by agencies requesting funds for youth activities. He could only recall one that was turned down and that was from an organization that specifically excluded any residents outside of Lake Worth. The Police Department is required to give back 15% of all confiscated funds to anti-drug or youth oriented programs. Boynton Beach gives much more. He stated that he receives accolades from the community regarding the .ITC program. In answer to a question by Commissioner McCray regarding the balance of funds in the forfeiture account, Chief Gage reported that there is $41,000 in that account and $90- $100,000 in the federal forfeiture account. Stephanie McKoy, 69 Citrus Park Lane, explained that the funds that are requested would be used for program services that dlrectly serve the students in the 3uvenile Transition Program. They would be used to defray the costs for stipends, books, special projects, field trips, transportation, and event tickets. There were numerous inaccuracies printed in recent articles in the' newspapers. She was grateful for the opportunity to provide factual information. The 990 form that the newspaper talked about that was submitted with the grant application reflected projected figures. The actual and official 990 that was submitted to the :[RS, dated September 6, 2001, is public knowledge. The Juvenile TransiUon Center is a 501-C non-profit corporation and everything that is done is public knowledge. The newspaper article stated that Commissioner McKoy and she owned the 3-1'C, which they do not. 7 Meeting Minutes Regular City Commission Bovnton Beach. Florida .]anuarv 7, 200~ The organization has a board of directors that is the governing body and oversees every aspect of that program. The article implied that there are financial inadequacies and inconsistencies with their current funding source. She is not aware of any concerns that the Workforce Alliance has regarding their financial practices. The .TIC is in compliance with all state and federal audit requirements. The Workforce Development Board staff conducted a full financial and program investigaUon. ]:t was determined that the Juvenile Transition · Center did not misappropriate funds or commit fraud. Regarding the grant process, the .TrC's contracts are reimbursed contracts. That means that money must be fronted by the organizaUon and receipts must accompany the invoices submitted. There is a 30 day turn-around time. Ms. McKoy submitted a data sheet for the record. This is labeled Exhibit B and is attached to the original minutes on file in the office of the City Clerk. Terrence Pereira, 7692 Colony Lake Drive, is a volunteer chaperone for 3'1'C. They provided an academic safe haven for 51/2 years in the community. The money goes to the youth of the community. They take the youth on college tours and encourage educaUon. He submitted into the record a letter from Police Chief Gage. This is marked Exhibit C and is attached to the original minutes on file in the office of the Ob/ Clerk. Mr. Pereira also read a letter from his granddaughter, one of the program participants, who stated that she has profited greatly from the program and the learning environment. Charmaine Lucien stated that she has been with the program for four years and it was a great help to her. It is an educaUonal and fun program. She had an opportunity to go on tours and job searches on the computer. Vernon Blake, 84 Baytree Circle, is a volunteer with 3'1'C. He submitted a letter into the record from School Superintendent Arthur Johnson, dated December 6, 2002. This letter is marked Exhibit D and is attached to the original minutes on file in the office of the City Clerk. Vanessa Hatcher said that she has been in the program since July and is getting assistance with math. She believed that the program should continue. Ms. Hatchers mother stated that J-I'C was a positive program for her daughter. Her attitude and their relaUonship have improved. The program keeps kids off drugs and off the streets. Her daughter is now looking forward to attending college. Terrence O'neal has been in the program from the start and it has kept him off the street and out of trouble. He plans to attend the University of Central Florida. 8 Heeting Minutes Regular City Commission 8ovnton Beach. Fl~ri;fp January 7, 2003 Louise Bradley-Gadsen, 171 NE 18th Avenue, said that the program helped her granddaughter. :it is a good program and she hoped that it would continue. Cheresa Bradley stated that the program helped her with her education and asked the Commission not to take the money away from the program. Kenneth Howard said that the program is well supervised. It teaches rules and the participants have responsibilities in order to receive a stipend, it improved his child's overall reading skills and attitude. Cheryl Mathis, 360 NW 16th Court, has three boys in the program and it has brought up their math scores. [t is a supervised program. The youth are exposed to college campuses and it really makes a difference. Tami Gooden, scholarship recipient, has been in the program for three years. There are teachers to assist the youth, educaUonal field trips, and college tours. She said that without this program, life would not be the same. Motipn Commissioner McCray moved to approve the money for the .]TC program. Vice Mayor Ferguson seconded the motion. Commissioner McCray said that any time we can do something positive for the Oty and our youth, we should. Vice Mayor Ferguson was very impressed with everyone who spoke. He did not feel there was any question regarding the value of the program. The only questions deal with the financial situaUon. He suggested that an independent audit be conducted. Commissioner Weiland said that there has never been a question regarding the program. His concern is the operation of the program. There was not enough information regarding the program in the back-up from the December 17, 2002 Commission meeting, it was brought to his attention prior to the election that there were feelings in the community that the program was not operating properly. He was asked to look into it but decided to wait until after the election so that it was not a political issue. He felt that now was a good time to ask for answers to questions. Commissioner Weiland stated that he had several pages of information from City staff and articles from both the Palm Beach Post and the Sun Sentinel. in his opinion, there are differences of how the money is spent. He felt that the Commission should know how the program is operated. He received conflicting information on the hours of operation. 9 Meeting Minutes Regular City Commission I~vnton Beach. Florida ~lanuarv 7, 200:3 He said that he spoke to a lady from the Workforce Development program and she stated that her records show that officials there have been concerned about the Center's financial reporting, its operational practices, and nepotism issues. Commissioner Weiland also had a question regarding the numbers on the tax return, as they do not seem to match. He felt that there was a need for an outside independent audit to see whether the program is being operated properly. Some of the information received states that the program provides services to all residents of the area while other information states that the program is geared towards African Americans, Haitians, and Spanish people. He thought that the City should adopt a policy so that they know how all programs are operated before any programs are eligible to receive funding. Commissioner McCray said that he did not recall seeing a letter from the Workforce Development Board and wanted to know the name of the person Commissioner Weiland spoke to. Commissioner Weiland said that he did not state that he had a letter from them. Mayor Broening asked Ms. McKoy whether she provided responses to the questions from the Workforce Development Board, Ms. McKoy stated that they provided an independent audit, Vote A vote was taken on the motion to approve the funds, The motion failed 2 to 2 with Vice Mayor Ferguson and Commissioner Weiland dissenting, Motion Mayor Broeniflg passed the gavel and moved to approve subject to a follow-up independent accounting bill of health. The motion died for lack of a second. City Manager Bressner stated that staff has been providing information regarding the operation of the J-TC to the Commission since December 19~. The auditors have reviewed documentation, specifically the tax forms. They have verbally advised the City that what was submitted was usual and customary. City Manager Bressner reported that he had reviewed the files of the .TIC from the past five years. He did this to ascertain whether there was any cause for concern in the operation of the .TIC. He found only one incident and that was one field trip that was administratively denied by City staff. The City oversees the J-'I'C. The hours of operation are as stated in the application, for the Community Development Block Grant 10 Heeting Minutes Regular City Commission Bovnton Beach, Floridp January 7, 200_-~ program which was provided to the City Commission. The hours of administraUve activity at the Hester Center are more than the hours of operation for the .TrC. Mayor Broening stated that members of a civilian review board reviewed the request to HUD and found it to be a beneficial operation. When asked Who the auditors were who reviewed this, City Manager Bressner said they are the City auditors (Ernst & Young). Commissioner McCray reiterated that Mrs. McKoy had stated that there was an investigation done by the Workforce Development Board and they found no problems, A recess was declared at 8:35 p,m. and the meeting resumed at 8:45 p.m, VI. PUBLIC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMrI'S City Attorney Cherof swore in everyone who would be testifying dudng the public hearings and announced that these were quasi-judicial hearings. A. Project: Hawks Landing (REZN 02-006) Agent: Bradley Miller, AICP/Miller Land Planning, [nc. Owner: Grayhawk Development Corporation Location: North of NE 16th Avenue, between NE 3rd Court and NE 4th Street Description: Request to rezone from R-3 Multifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD), for 18 single family detached zero lot line homes Dick Hudson, Senior Planner, presented the highlights of the staff report. Normally, the lot size for a PUD must be five acres. However, if it is found to be beneficial to the community, a lesser area for a PUD would be in compliance with the Comprehensive Plan. This project meets all policies in the Comprehensive Plan. The projected starting price for homes is $110,000. It is one of the few detached single-family developments that have come into the City this year; therefore, there is a market for it and staff recommends approval. Motion Vice Mayor Ferguson moved to approve. Commissioner Weiland seconded the moUon that carried unanimously. B. Project: Gateway Plaza (COUS 02-005) 11 The Cit o Bo nton Beach OFFICE OF THE CITY MANAGER 1 O0 ~E. Boynto~ Beach Bouleuard P.O. Box 310 Boynton Beacl% Florida 334250310 City Manager's Office: (551) 7425010 FAX: (561) 742~6011 e-mail: city. manager(~ci, boyntortbeach~fl, us www. cl. boynto nbeach,fl. us To: City Commission /~ m~%/ From: Kurt Bressner, C~ty Manag Date: February 3, 2003 Subject: JTC Financial Information and Letter from HUD I am transmitting two sets of document to the City Commission: 1. Staffreview of Juvenile Transition Center Finances 2. Letter received from Housing and Urban Development Department regarding JTC Staffreview of Juvenile Transition Center Finances- Attached please find a report from Steve Davis, Assistant Finance Director for the City. Steve is also a Certified Public Accountant (CPA). The staff performed a review of the financial statements of the JTC for their financial year ending June 30, 2002. We found three very minor differences that may be related to the JTC's financial year not exactly coinciding with the City's grant cycle. The report also discusses the differences in the amounts shown on the IRS tax form and notes per our auditor, that such differences are allowed under IRS roles. I am referring to the amoUnts shown in line 12 of the IRS 990EZ Form and Part IV of the same form. Staffconcluded from available material provided to us by JTC's CPA that the presentation of the financial information is proper. Letter received from Housing and Urban Development Department regarding JTC - Today, we received a letter from HUD regarding exception from Conflict of Interest for Commissioner McKoy. HUD has requested additional information from the City staff before they can finalize their review of this matter. I have attached the January 30, 2002 HUD letter received today and the December 10, 2002 letter from staff. Accordingly, staff will not be pursuing any additional work on CDBG funding for the JTC until we receive the final review letter from HUD. Thank you. Cc: James Cherof Quintus Greene City of Boynton Beach Financial Services Memorandum TO: Kurt Bressner, City Manager FROM: Steve Davis, CPA, Assistant Finance Directo THRU: Diane Reese, Director of Financial Services ~ DATE: February 3, 2003 SUBJECT: Financial Information - Juvenile Transition Center, Inc. As requested I have reviewed the following reports for the Juvenile Transition Center. 1. Statement of Financial Position as of May 31, 2002 (4 pages) Prepared by Michael McGoey, CPA 2. Statement of Operations as of June 30, 2001 (1 page) Prepared by Michael McGoey 3. Statement of Operations as of June 30, 2002 (1 page) Prepared by Michael McGoey 4. Statement of Operations - July 1 2001 through June 30, 2002 (1 page) Prepared by Michael McGoey 5. Form 990 for period July 1, 2001 through June 30, 2002 (8 pages) Prepared by Michael McGoey 6. Instructions relative to Part V of the IRS Form 990 - List of Officers, Directors, Trustees and Key employees. After reviewing the reports I was able to reconcile · The Statement of Operations for period June 2001 through May 2002 (Copy of Financial presented to the city Commission by Mrs. McKoy at their January 7, 2003 meeting) with report from Mr. McGoey, CPA for the Juvenile Transition Center for the period July 1, 2001 through June 30, 2002. There were three areas where the reports differed and they are as follows o Contributions differed by $418. - An explanation for this difference could be year-end adjustments that would not appear on monthly financial statements. o Depreciation differed by $4,633. - An explanation for this difference could be total cost of equipment purchased was $5,302.88 and at year end the total cost of that equipment was recorded as an asset instead of an expense. Only a portion of the cost of the equipment was then recorded as depreciation expense thereby reducing that amount at year-end. o Office expense differed by $1,958. - An explanation could be year-end adjustments that would not appear on monthly financial statements. Note: We have contacted Mr. McGoey to receive his explanation for these differences but have not as of this date received a response. · The July l, 2001 through June 30, 2002 report to the IRS Form 990 for the same period. See Schedule B. We did not'obtain financial data to reconcile the luly 1, 2000 to June 30, 2001 Form 990 EZ fried with the IRS. We felt reviewing the latest financial data was important to determining the current financial condition of the JTC. In regards to the concerns regarding different mounts showing on line 12 of the first page of the 990EZ form and Section IV of that same form we received the following excerpt from Instructions for completing Form 990 EZ from our extemal auditor. "Officers, Directors, Trustees and Key employees must be detailed in Section IV. All salaries paid must be listed on Line 12. Key employees are defined as any person having responsibilities or powers similar to those of officers, directors or trustees. The term includes the chief management and arlmini~trative officials of an organization but does not include the heads of separate departments or smaller units within an organization." Please note the Finance Department DID NOT perform an AUDIT of the Juvenile Transition Center books. We only reviewed the documents as stated above to determine the difference between IRS Reports and Financial Reports as requested. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. Our reconciliation relied totally on the work performed by Michael J. McGoey, a Certified Public Accountant (CPA) licensed in the State of Florida. To become a Certified Public Accountant a person must meet stringent educational and experience requirements. Licensed CPAs are the only persons legally permitted to render opinions on financial statements. Their opinions are rendered only after an audit is performed in accordance with generally accepted auditing standards. In response to a question to our external auditors regarding audit requirements for a 501C(3) program we were provided with the following statement. "The federal government does not have any specific audit requirements for 501C(3)'s unless they expend federal awards in excess of $300,000, in which case they would be subject to the Single Audit Act. Otherwise, any audit requirements would be in the bylaws or articles of incorporation." SCHEDULE B Juvenile Transition Center, Inc. Comparison of Statement of Operations to IRS Form 990 Prepared by City of Boynton Beach Finance Department Per As filed with M. McGoey IRS Statement of Form 990 Operations for pedod July 1, 2001 July 1, 2001 through through June 30, 2002 June 30, 2002 Contributions 132,004 Government ~rants 132,004 Total revenue 132,004 132,004 Specific assistance to individuals 39,294 Donations 382 Food 4,239 Gift Certif;cates 400 Public rela~ons 179 Stipends 16, 511 Supplies 5,816 Trai~spor'~ai~on 4,545 Travel 2,732 Tutoring 4,490 39,294 39,294 Contract labor 96,940 Compensation of officers, directors, etc. Other salades and wa~es 75,940 21 000 96,940 96,940 Accountir~j .... 1,000 1,000 Tc~=phone 2,160 2,160 Purchase of ecluipmentJDepreciatio.n 669 669 Auto expenses 884 884 Bank f¢=~ 142 142 Licenses 230 230 Insurance Other expenses: 8,976 8,976 1,330 224 1,554 1,554 Total expenditures 151,849 151,849 Deficit for the year (19,845) (19,845) ~,~,7~._ U.$. Department of Housing and Urban Development = '* I/, ~ Region IV, Miami FieM Office ~ B~I .~ ~r~,~ Plaza Federal Building ~.~ 909 SE First Avenue, Rm. Miami, FL 33131-3028 " RECBVED .... Comm~/~ ~pm~ Mnnag~ -:~" F E B - 0 200 CiW of Bo~ 1 O0 ~t ~ Beach Blvd. P.O. Box 310 .... 33a .o o ClW MANAGER ICE ~~: Coaffiot of~r~t- luv~e T~siti~ C~n~ D~ ~, Based ~ ~d Yo~ ~ob ~aining ~~ I~ ~td~ 8~ha~ M~ M~y, is Ci~ C~isaioner C~I M~, w~ ia ~so ~ Cea~'a V~ ~si~t. ~ ~ ~aa ~ipient of Co~W.D~I~ Block ~t (C~G) ~g ~oe t 999, ~p~y, ~ C~ ~BO ~ngs m t~ Con~ ~oaum of~e ~nfl/o~ of i~st ~aflon~ B~ on ~ha info~a~ ~vi~ '~I McKoy'a p~fi~ ~ ~ ~si~ ~ as Vice ~sig~t of ~e C~t~ c~ a oonfliot of ~ pa~a~ ~ ~ C.F~ ~ 570.511. app~ m any per~ ~ is ~ e~loy~ a~ml, ~sul~ officer, or ~ offing ~ ~d offiot~ of ~ m0ipi~ ~ ~ d~t~ pu~io ~l~=", or of Su~pienm ~t ~ ~ng ~ ~s pa~." ~c ~d~s at 570.611 ~) C~i~tl~tibltet ~r s~ ~ ~ ~= is &at aa ~ons dc~ed ~ pa~h (O of~ls s~ w~ ~= ~ ~ ~i~ ~ ~o~ or m~sibilifies ~th ~s~t m ~B~ ~fl~fi~ ~i~' und~ ~s p~ ~ ~ am in a ~gfi~ c~o~ ~c~ ~ a~t w/ih m~ot ~ 8 ~B~~ ~vi~ ~ f~ ~es ~os= ~ w~ ~ ~ ~, or i~a~ ~mily flea, d~ ~=~ ~n~ ~ f~ Bo~d oF Comm~sio~r~ ~ ~ el~d offieial of ~o Ci~ ~ Bo~ Bc~ ~ei~s ~G He ~ also ~ officer ~e Preset) of~ luv~ile T~g~l ~t~, a suM~p~nt m~ CDBG ~. Mc~y also ~lls ~ .~ pmvigons o~ f570.511 ~) b~ausc hc is a co~ person w~ ex~oiscs ~afions ~ ~~. ~ .~socCt to ~Bq ~dvf~es end P~ipa~s FAX TRANSMITTAL ~otpom,~ ~ _[. ~ 1~-~ oz~ I.~=~B~ _q -t~ / 2 TrarmJtion Center, Mr, McF..oy has businesses a~d family ties with an entity that will "obtain a t~nancJal interest or benefit from a CDBG-assisted activity". Section 570.6l I (d) provides that the Department oan consider such an exception only after the City has prodded: , (1) A disclo~re of the rmtun*, of the conflict, aocompanied b)~ an assttnmce that t~ere has been public disclosm'¢ of thc ¢onfliot end a desoription of how the public disclosure was made; and (2) An opinion o£the [City's] attorney that the interest for which thc exception is sought would not violate State or local ]Jtw. ~ this case, the City has not disclosed the nature of the oontUot publicly nor bas it provided its attorney's opinion that the interest for w~ah tho exception is sought would not violate State er loeal, law, therefo~ it is premature for .your letter the city is "preps. red to provide opinion-by the City Attorney that this exoeption does not violate our looal laws," b~ order/'or this o~ce to further con~ider such an exception please provide the ~nformation as stated abo~ We trust that this letter provides the necessary guidance. If you have any questions on this matter please contact Nora 1~. Casal, Community Planning nnd Development Rep~tative at 305-536- 4431 ext. 2224. Sincerely, Orlando L. Lori~, A~ting Director Community Plarming and Development Division W~/e Web at Mt~'//www.~~ DIVISION OF COMMUNITY IMPROVEMENT · Building · Planning & Zoning · OccupatIonalUcenses · Community Improvement December 10, 2002 Ms. Nora Casal, CPD Representative U. S. Department of Housing & Urban Development Bfickeil Plaza Federal Building 909 S.E. 1't Avenue, Room 500 Miami, Flor/da 33131-3028 ~ Re: CDBG Sub Grantee- Juvenile Transition Center Dear Ms. Casal, The sub-grantee referenced above provides an after school Technology Based Literacy & Youth · Job Training program, with emphasis on academic support and work experience for youth. They have received Community Development Block Grant funding since 1999. The Vice President of the organization, Commissioner Carl McKoy, was recently elected to the City of Boynton Beach Commission, therefore affecting section 511.12 of the Federal Regulations, Conflicts of Interest. The City of Boynton Beach is requesting an exception to this nJ/e for the following reasons: * The City of Boynton Beach uses the competitive r~luest for proposal method for soliciting proposals from sub-grantees, which are reviewed against criteria and factors evaluated by a panel consisting of individuals from the community as well as City of Boynton Beach staff. · The benefit of this program was present prior to Commissioner McKoy being elected to this position. · Undue hardship will result to this organization, as it serves underprivileged children of the community. The City of Boynton Beach's policy concerning this matter does not prohibit our Commissioner from participating in this program, as it allows him to preclude himself from voting on matters that pertain to this organization. Furthermore, as required by federal regulation, the Commissioner is prepared to provide a disclosure of the nature of the conflict accompanied by an opinion by the City Attorney that this exception does not violate our local laws. Thanking you in advance for your cooperation in resoMng this matter. Should you need to contact me for comments or questions, please do not hesitate to call my office at (561) 742- 6066. Sincerely, Octavia S. Sherrod Community Improvement Manager OSS:dar :lty of Boynton Beach · 100 r:-,=t Boynton Beach Blvd., P.O. Box310 · Boynton Beach, Florida 3.1425-0310 Phone: (561) 742.6350 · www. bO~ton-beach.ern RESOLUTION NO. R03 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE JUVENILE TRANSITION CENTER, INC., PROVIDING FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has recommended approval of an agreement for services of Community Development Block Grant fimding for the Juvenile Transition Center, Fiscal 2002/03. This matter has been pending awaiting approval by HUD, which has now received for the 2002 funding period. A copy of the letter of approval is attached hereto Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION OF TItE CITY OF BOYNTON BEACIt, FLORIDA, TItAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes execution of the Agreement between the City of Boynton Beach, Florida and Juvenile Transition Center, Inc., a copy of which is attached hereto as Exhibit "B". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of November, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner Ca/reso/agreements/grants/Juvenile Transition Center ~.~ENr~ U.S. Department of Housing and Urban Development =~ * I~, ~ Region IV, Miam~ Field ~ice ~' o~ ~ ~ Bd~ell Plaza F~erai Building e~=~v 909 SE Rr~ Av~ue, R~m 500 Miami, FL 33131-3028 ~ ~5/' "~.. OCT 5 003 ~ A Chemf City AEomey . Ci~ of Bo~wn Beth ' ."'. 1~ ~t Boston Beach P.O. Box 310 Boston Beach, ~ 33425~310 S~~: C!~ of Bo~wn Beach ~ffict - ~uYe~e Transition Cen~r ~s offi~ h~ m~cw~ a~fi~ d~afiOn sub~t~ by yo~ office ~ ~ W ~ a fin~ ~nafion on ~e c~ct of in~t m~n~ ~e luve~e T~ifion ~n~r. ~ ~ously mengon~, ~e d~ h~ ~t ~e ~hold ~uimm~t for coOl--on of ex~pfion, h o~ pm~o~ le~r of l~y 3, 2~3, we ~um~ ad~fion~ d~men~on in o~r to ~mider w~ to.~i ~ exc~on p~u~t t0 ~ ~ ! 570.611~)(2). ~e'Ci~ ~nd~ to o~ r~u~t ~ follows: (i) The excepti°n would provide a significant cost benefit or an essential degree of expertise to the program that would otherwise not be available due to Mrs. McCoy's master degree in teaching at a salary of $$7,000 as F_,xccutive Diz~. tor; who could work fewer hours for a comparable salary in &e Public $choo! System. (ii) The City of Boynton Beach complied with having an open competitive bidding process requiring soliciting proposals from sub-grantees who are reviewed against criteria and factors evaluated by a pane/cons/sting of individuals from the community as well as City of Boynton Beach staff. (iii) Thc Juvenile Transition Center provides services to low and moderate income individuals therefore, those affected, Commissioner McCoy, would not benefit . from this activity. (iv) Commissioner McCoy has withdrawn as a board member, therefore, he is no longer responsible for any decision making process with respect to this activity. (v) Thc interest or benefit was presented to the City Commission for approval prior to Mr. McCoy b~coming a comm/ssioner. For more Information On HOD pmgren~ and ~vhat'$ new at HOD/~dsit HOD'$ Home Page on the World ~f/de Web at httpt//wa~v, hod. gov/ 2 (vi) Undue hardship will result from non-receipt of the anticipated funds as there are no alternative funds being available to grant to the Juvenile Transition Center for thc specified activifi~. Based on the city's respons6 to the six (6) relevant factors, this office has weighed all relevant data and has determined to grant an exception pursuant to 24 CFR '§ 570.611(D)(2). This exception is granted for 2002 funding only. Please keep in mind that any future funding of this activity may constitute a conflict of interest pursuant to 24 CFR §570.611 Co) Conflicts Prohibitect "The general rule is that no persons described in paragraph (c) of this se. etion who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who sro .in a position.to participat~ in a decisionmaking precis or gain inside information with regaxd to such activities, may obtain a financial interest or benefit from a CDBG-aSSisted activity, or.have a financial interest in any contract, subcOntract, or agreement with respect to a CDBG-assisted activity, either for themselves or those with whom they have business Or immediate family ties. durin~ their tenur~ or ~.or one war.thereafter.". We hope this letter will assist you on this matter. If you have any further questions, please contact Nora E. Casa/, Community Planning and Development Representative, at (305) 536-4431, ext. 2224. Sin , y, · Commmlity Planning and Development Division cc: Octavia'Sherrod, Community Improvement Manager ~or more ln~ornmttnn on tltlD pn~ran~ and wttat's new at tlll~ visit fttlt~"o Home Page on the World Wide Web at http://vnvw, hud.~ov/ MEMORANDUM TO; Commi,sioner Mary McCarty District 4 ~~ FROM: Edward L. Rich, Director D~artment of Community Services DATE: April 30, 2003 RE: The Juvenile Transition Center, Inc. Community Services has reviewed information concerning the Juvenile Transition Center, Inc. and performed an on-site monitoring visit. We also spoke with the CPA firm of Michael J. McGoey, CPA, Inc. In our review, we find that the luvenile Trm~sition Center is in compliance with the requirements to receive Financially Assisted Agency funding from Palm Beach County. A question arose with regard to the agency's IRS Form 990. As indicated on the attached letter, we have received the actual Form 990, prepared by Michael J. MeGoey, CPA, Inc. The initial Form 990 submitted was based on estimates and not the actual funds received by luvenile Transition Center, Inc. Our fi~¢al staff audits every invoice that is submitted for payment. These invoices are also reviewed by the Finance Department of the Clerk of Courts. Our process allows reimbursement to agencies only after they have expended the ftmds. This provide us with the opportunity to insure that all fimds expended are in compliance with our contract requirements. If further information is needed, please let me know. ELR/kpb cc: Jean Creamer, Assistant County Administrator TOTAL P. O1 RESOLUTION NO. R03 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN .THE CITY OF BOYNTON BEACH AND THE JUVENILE TRANSITION CENTER, INC., PROVIDING FOR THE-USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG); AND PROVIDING AN EFFECTIVE DATE. WIa~I~AS, City staffhas recommended approval of an agreement for services of Block Grant funding for the 1uvenile Transition Center, Fiscal 2002/03. This matter has been pending awaiting approval by HUD, which has now g period. A copy of the letter of approval is attached hereto NOW, THF~REFORE, 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 hereby authorizes directs the execution of the Agreement between the City ofBoynton Beach,-Florida and ruvenile Transition Center, Inc., a copy of which is attached hereto as Exhibit "B". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor ViceMayor Commissioner ATTEST: Commissioner City Clerk Commissioner Ca/reso/agreernentrdgrants/Juvenile Transition Center EXHIBIT "A" '~-~t 20 03 02:40p CIt~' Rtt°rne~'s O£?ioe 5B1-742-6054 .,~E~r~. U.S. Department of Housing and Urban Development ~ * [[~J~ i- ~ Region IV, Miami Field Office ~°%e~!~o~'~,~ Brickell Pla~ F~er~ Building ~ ~ ' 909 SE Rr~ Avenue, R~m ~ ..., Mi~i, FL 33131-3028 "~ OCT 1 5 2003 1~ ~t Boston B~h Blv& P.O. Box 310 Bo~wn Beth, ~ 3342S~310 S~~: Ci~ of Boston Beach Conflict- ~uve~e T~nsition Cen~r ~s offide ~ a fin~ ~nafion on ~e co. ct of in~t ~n~ ~e luve~e ~ifion ~nmr' A~ P~ously menfion~ ex~on. ~ our pre~ous le~ of l~y 3, 2~3, we ~ues~ ad~fion~ d~n~on in o~r to ~mid~ whe~er to.~t ~ ex~pdon p~t to ~ C~ ~ S70.611~)(2). ~e'~ ~pond~ to o~ ~u~t ~ follows:' (i) The exception would pwvide a significant cost benefit or an essential degree of expertise to the program that would otherwise not be available due to Mrs. McCoy's master degree in teaching at a salary of $57,000 as Executive Di~. tot; who could work fewer hours for a comparable salary in the Public School System. (ii) The City of Boynt°n Beach cOmplied with.having an open competitive bidding process requiring soliciting proposals from sub-grantees who are reviewed against criteria and factors evaluated by a panel consisting of individuals, from the community as well as City of BoYnton Beach staff. (iii) The 3uvenile Transition Center provides services to low and moderate income individuals therefore, those affected, Commissioner McCoy, would not benefit · from this activity. (iv) Commissioner McCoy has withdrawn as a board member, therefore, he is no longer responsible for any decision making process with respect to this activity. (v) The interest or benefit was presented to the City Commission for approval pr/or to Mr. McCoy becoming a commissioner. .~,-~ ~v,~xe rve~ ar nrrP://www, hud. gov/ , Oet 20 03 02:~Op C.It~ Rttorne~'~ O??ice 5B1-742-6054 p.3 2 (vi) Undue hardship will result from non-receipt of the anticipated funds as there are no alternative funds being available to grant to the Juvenile Transition C~nter for the specified activities. Based on the city's respons~ to the six (6) relevant factors, this office has weighed all relevant data and has det~(mined to grant' an exception pursuant to 24 CFR'§ 570.611(DX2). This exception is granted for 2002 funding only. Please keep in mind that any future funding of this activity may constitute a conflict of interest pursuant to 24 CFR §570.611 Co)' Conflict~ Prohibited. "Fhe general role is that no persons described in paragraph (c) of this section who exercis~ or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are jna position.to participat~ in a decisionmaking process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-aSsisted activity, orhave a financial interest in any contract, subcontract, or agreement with .respect to a CDBG-assisted activity, either for themselves or those with whom they have business Or immediate family ties, during their tenure or for one year.thereafter.". We hope this letter will assist you on this matter, ff you have any further questions, please contact Nora E. Casal, Community Planning and Development Representative, at (305) 536-4431, ext. 2224. Acting Director ~--- Community Planning and Development Division cc: Octavia'$herrod, Community Improvement Manager World ~rida Wal~ at http://ww~v.l~ud, gO~'/ EXHIBIT AGREEMENT BETWEEN THE CZ'FY OF BOYNTON BEACH AND THE 3UVENI'LE TRANSTrZON CENTERv ZNC. THIS AGREEMENT, entered into this __ day of ,2002, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and The .luvenile Transition Center, Inc., a non-profit corporaUon duly organized and existing by virtue of the laws of the State of Florida, having its principal mailing address as Post Office Box 4102, Boynton Beach, FL 33424, and its Federal Tax IdentificaUon Number as 65-0770795. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and The .luvenile Transition Center, Inc., desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage The .luvenile Transition Center, Inc. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART ! DEFI'NTrZON AND PURPOSE A. Definitions: 1) "City" means City of Boynton 8each 2) "CDBG" means Community Development Block Grant Program of the City of Boynton 8each 3) "CID" means Community Improvement Division 4) "The Agency" means The Juvenile Transition Center, Inc. Page 1 of 15 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part I]: of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of Iow- and moderate-income persons. PART I! SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program Outlined in the Work Program Narrative and Proposed Budget, Exhibit "A'; and submit invoices using the cover sheet in Exhibit "B'; both of which are attached hereto and made a part hereof. PART !!! COMPENSATZON~ T']~ME OF PERFORMANCE~ METHOD AND CONDTD~ONS OF PAYMENT A. Maximum CompensaUon The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under, this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $7,500.00 for the- period of October I, 2002 through September 30, 2003. Further budget changes within the designated contract amount can be approved in wdUng by the Director of Development or designee at their discreUon up to ten percent (10%) on a cumulaUve basis of the contract amount during the contract period. Page 2 of 15 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are conUngent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-02- MC-12-00~3. The effective date shall be October 1, 2002, or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2003. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. Zn the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any addiUonal funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiraUon date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 15 D. Conditions on which Payment is continqent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the 'Director of Development or his .designee C]:D IVlanager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the C]:D Manager or his designee and placed on file with CiD. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CI~D in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocaUon plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City ]:nternal Audit Department at any Ume the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements, 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, wdtten agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulaUons must be submitted by the Agency to CID and approved by CID prior to execuUon of any subcontract hereunder. addiUon, all subcontracts shall be subject to Federal, State, and City laws and regulaUons. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the C[D Manager or his designee. Page 4 of 15 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits and Evaluations Payment will be contingent on the receip~ and approval of reports required by this agreement, the satisfactory evaluaUon of the project by CID and the City and saUsfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, ClTY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional condiUons that may be imposed by C/D, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the C__/D Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiraUon of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodiUes, and rental or usage fees. Tn addition to reporting said income, the Agency shall report to Page 5 of 15 C~D the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. AccounUng and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's pdor approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to pdor established guidelines. - PART ZV GENERAL CONDZ'I~ONS A. Opportunities for Residents and Civil Riqhts Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises ]:n the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 15 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be Iow- a~d moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CTD upon CID's request. D. Evaluation and Monitoring The Agency agrees that CI~D will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluaUon will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CTD, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of Iow-and · moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and [nspecUons At any time during normal business hours and as often as CTD, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CTD, the City, U.S. HUD, or the Comptroller General Page 7of15 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relaUng to all matters covered by this Agreement. The City will require, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitaUon of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliaUon between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions Which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relaUng to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligaUons, or portions or applicaUons thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. Page 8 of 15 At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing pdor to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibiliUes in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activiUes provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in wriUng to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participaUon of lower-income residents of the project target area. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG CiUzen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meeUngs of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. Page 9of15 K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publicaUons and publicity. :In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents 'The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age DiscriminaUon Act of 1964, Age DiscriminaUon Act of 1975, and Title I! of 3-¢rJe VI of the Civil Rights Act of 1964, Age Discrimination the Americans With DisabiliUes Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and SecUon 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 197~, 6) Florida Statutes, Chapter 112 and 768.28 7) City of 8oynton Beach Purchasing Ordinance 8) Federal Community Development 8lock Grant RegulaUons (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job DescripUons 10) The Agency's !ncorporation Certificate and Articles of IncorporaUon 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certificaUon from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. One (1) copy of the contract documents I through 8 will be furnished to the Agency by C~D. Items 9 through 14 above shall be transmitted to C[D by the Agency. Page 10 of 15 H. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to r the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligaUons under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violaUon. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar pedod, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the' effective date thereof, at least five (5) working days before the effective date of terminaUon or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written noUce to the other party. Upon termination, the City shall pay the Company for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title ! of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then conUnue to conform to the terms and requirements of applicable law. Page ll of i5 O. Leveragincj The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and 'shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensaUon and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F.S. 287.133(3)(a) requires this notice. Page 12 of 15 T. Counterparts of This Agreement This Agreement, consisting of thirteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ., AITEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA PoliUcal Subdivision of the State of Florida BY: BY: CITY CLERK MAYOR APPROVED AS TO FORM: CITY ATTORNEY THE .1UVENI'LE TRANSZI'ZON CENTER, 'rNC. By:. Title: By: Title: (CORPORATE SEAL) Page 13 of 15 THE 3UVENTLE TRANSZTZON CENTER~ TNC. EXHZBZ'r A WORK NARRATZVE I. The Agency agrees to: II, The City Agrees to: A. Provide up to $7,500 in funding as follows: Total ......................................................... $7~500.00 B. Provide technical assistance to ensure compliance with ~D, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administraUon and coordination activiUes to ensure that planned activities are completed in a Umely manner. D. Monitor the agency at any Ume during the term of this Agreement. Visits may be scheduled or unscheduled as determined by QD, be conducted by C~D staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. THE 3UVENZLE TRANSI'T/ON CENTER, zNC. EXHt'BI'T B LETTERHEAD STATZONERY Page 14 of 15 To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being-involved. APPROVED FOR PAYMENT- Octavia S. Sherrod, Community Improvement Manager Page 15 of 15