Agenda 06-21-05
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
REVISED JUNE 21, 2005
Jerry Taylor
Mayor
At Large
Bob Ensler
Commissioner
District I
DISTRI T I
Mack McCray
Vice Mayor
District II
Mike Ferguson
Commissioner
District III
Carl McKoy
Commissioner
District IV
Kurt Bressner
City Manager
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GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
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.If
· 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.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person 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 BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
June 21, 2005
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Dr. Solomon Rothstein - 2nd Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
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:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamation:
a. Code Enforcement Officers Appreciation Week June 6 -10, 2005
2. Award of a Certificate of Completion to Commissioner Carl McKoy for
completion of the Advanced Institute for Elected Municipal Officials
3. City of Boynton Beach Comprehensive Annual Financial Report for the
fiscal year ended September 30, 2004, as presented by Mark Veil from
Caler, Donten, Levine, Druker, Porter & Veil.
4. Award Certificate of Appreciation to Arleen Dennison in recognition of her
many valuable contributions to the quality of life in the City of Boynton
Beach.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/06 Tabled (3)
II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06
I Ensler Cemetery Board Alt 1 yr term to 4/06
II McCray Code Compliance Board Alt 1 yr term to 4/06
I Ensler Code Compliance Board Alt 1 yr term to 4/06
III Ferguson Education Advisory Board Alt 1 yr term to 4/06
IV McKoy Education Advisory Board Alt 1 yr term to 4/06
Mayor Taylor Education Advisory Board Reg 1 yr term to 4/06
III Ferguson Education Advisory Board Stu 1 yr term to 4/06 Tabled (3)
I Ensler Library Board Alt 1 yr term to 4/06
II McCray Library Board Alt 1 yr term to 4/06
II McCray Senior Advisory Board Alt 1 yr term to 4/07
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agendalf 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. Regular City Commission Meeting - May 17, 2005
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Multi-award the "Annual Bid for Safety Clothing and Equipmentlf Bid
#031-1412-05/JA, on an overall basis to the lowest, most responsive,
responsible bidder who meets all specifications with an estimated annual
expenditure of $26,000.00.
2. Award Bid #019-2821-05/0D, "INCA Storm Water Management
Improvements and Water Main Replacement Projectlf, to Ric-Man
Construction, Inc. d/b/a Richard Mancini Equipment Company, and
execute a contract in the amount of $4,130,907.00 plus an owner's
contingency of 15% in the amount of $619,636.00 for a total project
budget appropriation of $4,750,543.00. (Proposed Resolution No.
ROS-109)
3. Award the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND
MISCELLANEOUS EQUIPMENTIf, Bid #032-1412-05/JA to various vendors
by manufacturer, with an estimated amount of $100,000.00.
4. Award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION
SUPPLIES" Bid #031-1412-05/JA, to various vendors, with an estimated
expenditure of $40,000.00.
5. Approve "piggybacklf existing Bid #05-28537-001, of Plant City, for the
purchase of five (5) new and unused 40 KW stationary generators and
automatic transfer switches manufactured by Katolight/John Deere. The
bid contract was awarded to O's Sales and Service, Inc. of Ocala. The
total cost for the five (5) generators is $105,845.00.
6. Approve a motion to split award "Two Year Bid for Automatic
Transmission Parts and Repairs", Bid #039-1412-05/0D to Florida
Worldwide Transmissions, Inc. of Lake Worth, FL and Sunbelt Hydraulics
& Equipment of Delray Beach, FL with an estimated expenditure of
$25,000.00.
7. Approve the "Surplus Vehicle/Equipment Listlf four (4) items as submitted
by Public Works/Fleet Maintenance and allow for the sale of same.
8. Approve a "piggy-backlf of the City of Palm Bay, Bid #23-0-2002/GG to
Aquifer Maintenance and Performance Systems, Inc. of West Palm Beach,
FL, for Well Rehabilitation Services with an estimated annual expenditure
of $300,000.00.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
9. Multi-award Bid #029-1412-05/0D "Annual Miscellaneous Uniforms to
include Embroidery/Silk Screeninglf on an overall basis to the lowest,
most responsive, responsible bidder who meets all specifications with an
annual expenditure of $80,000.
C. Resolutions:
1. Proposed Resolution No. ROS-093 RE: Approving the
agreement between the City and Boynton Beach Little League, Inc. (Little
League) for the use of Little League Park.
2. Proposed Resolution No. R05-094 RE: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Modesto and Rachel Maldonado for the property at 1036
Florence Rd., Lake Worth, FL (Hypoluxo Ridge LT 62)
3. Proposed Resolution No. R05-095 RE: Approving
additional language to Rule #24 of the Cemetery Rules & Regulations to
require gasketed metal caskets for human remains for Mausoleum usage
and burial of human remains/cremains only in any municipal cemetery.
4. Proposed Resolution No. R05-096 RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Board.
a. Authorization for the Chairman to sign the interlocal agreement
for the delivery and use of reclaimed water with Boynton Beach,
effective as of October 1, 2005. (Tabled 5/17/05) City
Manager requests item be tabled until 7/19/05
b. Assignment Agreements for the following golf courses: Delray
Dunes Golf and Country Club, Country Club of Florida, Hunters
Run Golf and Racquet Club, Pine Tree Golf Club and Quail Ridge
Country Club.(Tabled 5/17/05) City Manager requests item
be tabled until 7/19/05
5. Proposed Resolution No. R05-097 RE: Authorizing
the City Manager, Kurt Bressner, to apply for and execute agreements
and documents associated with the Urban and Community Forestry
Program grant on behalf of the City of Boynton Beach to replace trees at
Boynton Beach Memorial Park. The project costs are $89,954.84 with
reimbursement to the City through this grant in the amount of
$68,568.84. City matching funds for this project are $21,386.00.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
6. Proposed Resolution No. R05-098 RE: Approving the
renewal of three (3) community garden lease agreements between the
property owners, City of Boynton Beach and Palm Beach County.
7. Proposed Resolution No. R05-099 RE: Approving
wind load design standards for any and all future municipal buildings and
structures to be designed according to Exposure C of the American
Society of Civil Engineers (ASCE) publication titled Minimum Design Loads
for Bui/dings and Structures, ASCE 7-98.
8. Proposed Resolution No. R05-100 RE: Authorizing
the City Manager, Kurt Bressner, to apply for and execute agreements
and documents associated with the Urban and Community Forestry
Program grant on behalf of the City of Boynton Beach to replace trees
along Federal Highway in the City of Boynton Beach. Project costs of
$7,740 with reimbursement to the City through this grant in the amount
of $5,805. City matching funds for this project are $1,935.00.
9. Proposed Resolution No. R05-101 RE: Approving and
authorizing an Agreement for Water Service Outside the City Limits with
R.I. & J. Financial, Inc. for the property at 7872 Terrace Rd., Lake Worth,
FL. (Tropical Terrace L T 116).
10. Proposed Resolution No. R05-102 RE: Approving the
Traffic Enforcement Agreement between the City of Boynton Beach and
the Crossings of Boynton Beach Condominium Association, Inc.
11. Proposed Resolution No. R05-103 RE: Approving
Interlocal Agreement with the Village of Golf for the provision of Fire
Rescue services.
12. Proposed Resolution No. R05-104 RE: Approving and
executing the lease agreement with the Boynton Beach Mall for five-year
(June 1, 2005 - May 31, 2010) rent-free usage of City Hall in the Mall
space.
13. Proposed Resolution No. R05-105 RE: Authorizing
the execution of an Assignment and Assumption Agreement between the
City of Boynton Beach, Lawson, Noble & Webb, Inc. and Arcadis G & M.
Inc. for Scope C, Infrastructure Improvements and Repairs.
14. (This item has been moved to XII Legal. C3)
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
15. Proposed Resolution No. R05-106 RE: Approving the
execution of the Declaration of Restrictive Covenants and Grant Award
Calculation Statement between Florida Communities Trust (FCT) and the
City to provide partial reimbursement for the acquisition of the Jaycee
Park property from Florida Inland Navigation District (F.I.N.D.). Project
cost of $3,423,135 with reimbursement to the City through grants in the
amount of $1,709,567.50.
16. Proposed Resolution No. R05-110 RE: Assigning
ground lease interest and obligations to Global Signal Inc. and certificate
of estoppel for the telecommunications tower at 3600 Miner Road a.k.a.
Water Storage Tank Site.
17. Proposed Resolution No. R05-111 RE: Assigning
ground lease interest and obligations to Global Signal Inc. and certificate
of estoppel for the telecommunications tower at 222 NE 9th Avenue a.k.a.
Public Works Compound.
D. Ratification of Planning & Development Board Action:
1. Quantum Park & Village South Commercial (MSPM 05-003)
Request for Master Site Plan Modification approval for the construction of
a Mixed-Use development consisting of an additional US multi-family
dwelling units (for a total of 349 dwelling units) and 71,708 square feet of
commercial/office space on a 26.165 acre-Mixed Use POD in the Planned
Industrial Development (PID) zoning district.{Request to be tabled to
07/19/05)
2. (This item has been moved to vrrL Public Hearing E.)
3. Pylon Interstate Plaza (SPTE 05-002) Request for nine (9) month
site plan time extension for the construction of a 29,419 square foot, two
(2)-story office building, approved on February 3, 2004 (an extension to
November 3, 2005).
4. Grove Plaza Parcel B (MPMD 05-009) Request for Master Plan
Modification approval to convert parcel "BIf from a proposed 3,800 square
foot bank to a 14,291 square foot office building.
5. Grove Plaza Parcel B (NWSP 05-012) Request for New Site Plan
approval for a 14,291 square foot, two (2) story office building on a
1.U6-acre parcel in a C-3 zoning district.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
E. Ratification of CRA Action:
None
F. Approve the donation of $5,000.00 to the Boynton Beach P.A.L. for a trip to
National P.A.L. basketball tournament.
G. Return of cash bond of $13,267.00 to First Baptist Church of Boynton Beach for
the project known as the First Baptist Church.
H. Approve the "Surplus Computer Listlf as submitted by the Warehouse and allow
for the disposal of same.
1. Accept a Change Order request to install 32 round concrete poles, 30 foot above
grade at a cost not to exceed $26,174 at the Tennis Center around courts 1-10
and 13-14.
J. Accept a Change Order request to use nine (9) gauge steel core fabric fencing
with a six (6) gauge vinyl finish at a cost not to exceed $14,500 at the Tennis
Center around courts 1-10 and 13-14.
K. Authorize the use of Community Investment Funds in the amount of $2,000 from
Vice Mayor McCray to the MDM Foundation Trip to Orlando, FL.
L. Authorize the use of Community Investment Funds in the amount of $1,000 from
Commissioner Ensler to The Service Corps of Retired Executives, known as
SCORE.
M. Accept the written report to Commission of purchases over $10,000 for the
month of May, 2005.
N. Return cash bond of $31,454.50 to Southern Homes of Palm Beach III for the
project known as Murano Bay (Bldg. #4)
O. Return cash bond of $66,562.10 to Mouw Associates, Inc. for the project known
as the Bethesda Hospital Parking Garage.
P. Return cash bond of $4,840.00 to Marolf Construction, Inc. for the project known
as Steinmart.
Q. Return cash bond of $191,840.00 to Edens & Avant Investments, L.P. for the
project known as Steinmart.
R. Direct staff to prepare the necessary ordinance and procedures to adopt the Arts
Commission's Guidelines and Recommendations for an Art in Public Places
Program that includes the changes discussed at the Public Arts Workshop.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
S. Authorize the use of Community Investment Funds from Commissioner McKoy in
the amount of $1,000 for the Art Explosion, a program at Hester Center.
T. (This item was moved to VI Consent Agenda C16)
U. (This item was moved to VL Consent Agenda C17)
VII. CODE COMPLIANCE &: LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these publiC hearings in its dual capacity as Local
Planning Agency and City Commission
c.
A.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
B.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Grove Plaza Parcel D (COUS 05-006)
Lution Hill, KMA Investment Properties
KMA Investment Properties
3920 Hypoluxo Road
Request for Conditional Use approval to convert
approximately 3,500 square feet of an 11,973 square foot
retail building in a C-3 zoning district for a minor
automotive repair establishment.
Stealth Towers in SMU (CDRV 05-008)
Kim-Glas-Castro, Ruden McCloskey
Compson & Associates of Boynton, LLC
SMU Suburban Mixed-Use Zoning District (Citywide)
Proposal to amend the Land Development Regulations,
Chapter 2, Zoning, Section 6.H.3 and Chapter 10
(Telecommunication Towers and Antennas) to allow cell
towers within the Suburban Mixed-Use zoning district as
stealth facilities, integrated into the architecture of a
Mixed-Use project. (1st reading of Proposed Ordinance
No. 05-028)
Urban Commercial Districts (CDRV 05-004)
City Staff initiated.
Community Redevelopment Agency area
Request to amend the Land Development Regulations
(LDR), Chapter 2, Zoning, Section 6 and Section 8.5, to
create an overlay district to reduce the front, side interior,
and side corner yard building setbacks for parcels currently
zoned Office and Professional District (C-1), Neighborhood
Commercial District (C-2), Community Commercial District
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
D.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
E.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
IX. CITY MANAGER'S REPORT:
(C-3) and General Commercial District (C-4), located within
targeted areas of the CRA. (1st reading of Proposed
Ordinance No. 05-029)
Florida Public Utilities (ABAN 05-001)
Christopher Canino
Florida Public Utilities Company
South Side of Old Boynton Road approximately 300 feet
west of Winchester Park Blvd.
Request to abandon a portion of an unimproved 30-foot
wide road. (1st reading of Proposed Ordinance No.
05-026)
Jeffrey Smith Variance (ZNCV 05-001)
Jeffrey Smith
Jeffrey Sm ith
2525 Southwest 14th Street
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section
5.C.2, requiring a twenty-five (25) foot rear yard building
setback to allow a lO-foot variance, resulting in a 15-foot
rear yard building setback for an existing hard roof screen
enclosure within the R-1-AA single-family residential
zoning district.
A. Report of Staff on Agreement with Boynton Woman's Club.
X. FUTURE AGENDA ITEMS:
A. Management of Colors along Congress Avenue, Federal Highway, Gateway
Boulevard and Boynton Beach Boulevard. (TABLED ON 8/3/04 based on
review by Planning & Development Board and CRA)(TBD)
B. Intralocal Agreement between the City and CRA -- Old High School. (7/5/05)
C. Agreement for the Boynton Beach - Heart of Boynton Project - Phase I (7/5/05)
D. Resolution of Need for Heart of Boynton Projects (7/19/05)
E. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05)
F. City Manager's Evaluation (October 2005)
G. Notification to residential areas of ordinance changes.
9
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
H. Intralocal Agreement Between the City and CRA -- Boynton Beach Promenade
Extension. (Proposed Resolution No. R05-091)(Tabled 5/17/05)
(7/19/05)
1. Refinancing of 1996 Utility Revenue Bond. (7/19/05)
J. Qualifications for Advisory Board Members.
XI. NEW BUSINESS:
A. Maximum building heights in Public Usage Zoning District _ Hospitals
(CDRV 05-012) Preliminary review of request to amend the Land Development
Regulations, Chapter 2, Zoning, Section 5 (J)(2) to increase maximum building
height for hospitals from 45 feet to 75 feet, while retaining existing maximum
floor provision of four (4) stories.
B. Discuss Sister City Representation - City Commission Representation on
Committee and City Commission participation on trip to Qufu, China in July,
2005.
C. Condominium Hotels in Mixed Use Districts (CDRV 05-013) Preliminary
review of request to amend the Land Development Regulations, Chapter 2,
Section 6.F Mixed Use Zoning Districts to add "Hotel, Extended Staylf as a
permitted use in the Mixed Use-High Intensity (MU-H) zoning district; as a
conditional use in the Mixed Use-Low Intensity (MU-L) zoning district; and to
amend the definitions of "Hotellf and "Hotel, Extended Staylf to include
condominium hotel units.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-012 RE: Rezoning a parcel of
land owned by Knollwood Groves, Inc. from Agricultural (AG) to Planned
Unit Development (PUD). (Knollwood Groves)
2. Proposed Ordinance No. 05-024 RE: Amending the Land
Development Regulations, Chapter 2, Section 8.A.4. to allow carwashes
as a conditional use in the M-1 Zoning Districts. (See letter dated 5/20/05
from Petitioner requesting continuance to 6/21/05)
3. Proposed Ordinance No. 05-025 RE: Adopting the
Future Land Use Map in Geographic Information System (GIS) format,
pursuant to the requirements of Chapter 163.3177(6) (a), of the Florida
Statutes.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 21, 2005
B. Ordinances -- 1st Reading
c.
2.
3.
D. Other:
None
1.
Proposed Ordinance No. 05-023 RE: Allowing a
maximum building height exceeding forty-five feet in height but not
exceeding seventy-five feet in height in a PID Mixed Use POD, providing
application for building with a height exceeding forty-five feet to be
processed as a conditional use. (Quantum Park MU Height)
2.
Proposed Ordinance No. 05-027 RE: Requesting a new
thirty (30) year electric franchise agreement with Florida Power & Light
Company (FPL) providing for the payment of fees to the City of Boynton
Beach for the nonexclusive right and privilege of supplying electricity and
other services within the City, free of competition from the City of
Boynton Beach, pursuant to certain terms and conditions.
Resolutions:
1.
Proposed Resolution No. R05-092 RE: Approving a
contract with the Metropolitan Center at Florida International University
to prepare proposed Commission district boundary maps, based on the
2000 Census.
Proposed Resolution No. R05-107 Re: Approving
issuance of a "Notice of Intentlf for conducting a planning study and
pOSSible changes to zoning and development regulations applicable to
those properties located along the west side of N. Seacrest Blvd; between
NW 3rd Avenue, and NW 8th Avenue and currently zoned C-2,
Neighborhood Commercial.
Proposed Resolution No. R05-108 RE: Approving the
Revocable License Agreement between the City of Boynton Beach and the
Lake Worth Christian School for the use of City land by the School.
XIII. UNFINISHED BUSINESS:
A. Possible adaptive reuse of a closed landfill site owned by the City adjacent to the
Boynton Links Golf Course and authorization to apply for a grant from the
Treasure Coast Regional Planning Agency for a landfill feasibility and
environmental report. (Tabled 4/1.9/05)
11
Agenda
Regular City CommisSion Meeting
Boynton Beach, Florida
June 21, 2005
XIV. ADJOURNMENT:
C. ReconSideral1on of Towing Contracts.
B. Blake's ToWing & Transport, Inc. - Exclusion from towing rutal10n list.
TIJE cnv SHAU FURNISH -OPRlA1!' AUXIlIARY AIDS AND SERVICES WHERE NECC5SARy TO AFFoRo AN INDMDUAL 1NIrH A OlSAIlllITy AN
EQUAL OPPORl1JNI1Y TO PARnCIPA1!' IN ANo ENJoy TIJE ''''If FIrs OF A SERVICE, """'''''', OR ACT1VlTy CONDUClcn ,y TIJE cnv. PlEAsE
CONTACT JOYCE cOSJaLO, (561) 742-6013 AT lEAsT """""'FOuR HOuRs PRIOR TO TIJE p''''G"", OR ACT1VlTy IN"""", FOR TIJE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
IF A PERsoN DECIDES TO A_, ANY IJfCJSI,," MADc ,y TIJE Cl1y COMMISSl,," 1NIrH REsPocr TO ANy MAne, C__D AT TIJIS
MEElTNG, HE/SHE lVIU NEED A - OF TIJE PROCl'EIJINGS ANO, "JR SUCIl PURPOSE, HE/SHE MAy NEED TO ""WIlE 1liAT A """"nM
- OF TIJE PROcccDING IS MADc, ,,"ICM REcoRD INQU/JEs TIJE 1!'Sl1MONy AND EVIDENCE UPON ,,"ICM TIJE A_'IS TO BE _0.
(F.S. 286.0105)
NOTICE
REVISED FINAL AGENDA 6/21/2005 12:31 PM
S"CClWPlCCAGENDAIAGENDAS'YEAR 20051062105. "E"SED.Doc
12
lII.-ANNOUNCEMENTS &: PRESENTATIONS
Item C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March ]4,2005 (Noon.) [8J June 7, 2005 May ]6,2005 (Noon)
0 April 19,2005 April 4, 2005 (Noon) 0 June 2], 2005 June 6, 2005 (Noon)
0 May 3, 2005 April ]8,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) 0 July] 9,2005 Ju]y 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
: J
. ") --l
0 Administrative 0 Development Plans .~-<
0 Consent Agenda 0 New Business : -~1> .'
--..:,= ) f
0 0 :-'::,)
Public Hearing Legal c~\ ; '::)
.-.,
0 Bids 0 Unfinished Business -
'-'-~'L
[8J Announcement 0 Presentation (::)
..J ,."
.::r; ,
D City Manager's Report ...'"1 CD
c..) n~;
.-_..l
. .'c)
RECOMMENDATION: Read enclosed proclamation designating the week of June 6-10 as Code Enforcement
Officers' Appreciation Week, (Exhibit "A") into the record.
EXPLANATION: This is an annual recognition initiated by the Florida Association of Code Enforcement (F.A.C.E.)
to show appreciation for the hard work performed by Code Enforcement Departments throughout the State of
Florida. The proclamation emphasizes the importance of having well trained, professional Code Officers providing
for the safety, health and welfare of our citizens. It also notes the role of Code Enforcement Officers in improving
neighborhoods and providing quality customer service to the public.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNA~.7?
I~
~
Department Head's Signature
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
II
!J~tX!IA#A710N
WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the
citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety,
environmental and other codes and ordinances; and
WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in
saving lives and improving neighborhoods; and
WHEREAS, every day, assisted by support and program staff, they attempt to provide
quality customer service to the public for the betterment of the community; and
WHEREAS, too many times their efforts go unnoticed, even after code compliance has
been accomplished due to their efforts and expertise; and
WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible
individuals who take their jobs seriously and are proud of their department and the local government within
which they serve; and.
WHEREAS, The Florida Association of Code Enforcement (FAC.E.) has declared the first
week of June be set aside by local government to honor and recognize their Code Enforcement Officers;
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Vice Mayor
of the City of Boynton Beach, Florida, hereby proclaim the week of June 6-10, 2005 as
CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK
in Boynton Beach in accordance with the state-wide observance of the same and encourage citizens of
Boynton Beach to join this Commission in expressing appreciation for the dedication and outstanding
service provided by the individuals who serve as our Code Enforcement Officers.
/ 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 21st day of June, Two Thousand and
il Five.
II CITY OF BOYNTON BEACH
ATTEST
Jerry Taylor, Mayor
Janet Prainito, CMC, City Clerk
Corporate Seal
14.. FLORIDA INSTITUTE
.. OF GOVERNMENT
';G::";"i,,,;,,;;,,:;,;</,,"~
..~~- AT FLORIDA STATE UNIVERSITY
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.2
April 25, 2005
Carl McKoy
Commissioner
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Dear Commissioner McKoy:
On behalf of the John Scott Dailey Florida Institute of Government and the Florida
League of Cities, I am pleased to award this certificate to you for the completion of the
Advanced Institute for Elected Municipal Officials held April 15 - 16 in Tampa, Florida.
We hope that you found the program challenging and worthwhile. We encourage you to
take advantage of other training opportunities through the League and the Institute of
Government. In the event you receive public questions about the Advanced Institute I
have enclosed a sample press release that might be helpfu1.
We strongly believe that your attendance at the Advanced Institute is indicative of your
continued commitment to improving the quality of municipal government in Florida. If
we may be of assistance in the future, please do not hesitate to call upon us.
Sincerely,
~.A:' -tt.
Jeff Hendry
Associate Director
enclosure
325 John Knox Road, Building 300 · Tallahassee, FL 32303
Telephone: (850) 487-1870 · Fax: (850) 487-0041 · http://iog.fsu.edu · email: fig@mailedsu.edu
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III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March ]4,2005 (Noon.) 0 June 7, 2005 May ]6,2005 (Noon)
0 April 19, 2005 April 4,2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 Apri] ] 8,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May ]7,2005 May 2,2005 (Noon) 0 July] 9,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement ~ Presentation
0 City Manager's Report
RECOMMENDATION: Approve the 9-30-2004 City of Boynton Beach Annual Financial Report as presented by Mark
Veil from Caler, Donten, Levine, Druker, Porter & Veil.
EXPLANATION: Florida State Statutes require that all governmental agencies have an annual audit completed by an
independent audit firm. This year the annual audit was performed by Caler, Donten, Levine, Druker, Porter & Veil whose
offices are located in West Palm Beach. The audit has been completed and is now being presented to the City Commission
for acceptance. Normally the audit is completed and submitted by March 31 st. However, do to the workload created by the
hurricanes as a result of financial reporting requirements by FEMA for reimbursement of hurricane costs, the City requested a
60-day extension through May 31, 2005 to submit our 2003/04 fiscal year financial report to the Government Finance
Officers Association's Certificate of Achievement program. The Finance staff is to be commended for having received
GFOA's Certificate of Excellence in Financial Reporting award for the past 27 consecutive years.
PROGRAM IMP ACT: The City remains in stable financial condition.
FISCAL IMPACT: Annual fee for audit services was $89,800.
AL TERNA TIVES: None
U~!!/!sJ"
h/ltln(l_eJ &U\J'C' c;;.
Department Name
S:\BULLET]N\FORMS\AGENDA ITEM REQUEST FORM.DOC
o Rllr8b81Siv8
011:11
, inllcial
IPon
CITY OF BOYNTON BEACH, FlORIDA
FOR FISCAl YEAR ENDED
SEPTEMBER 30,2004
COMPREHENSIVE ANNUAL FINANCIAL REPORT
of the
CITY OF BOYNTON BEACH, FLORIDA
FOR TH E FISCAL YEAR EN OED
SEPTEMBER 30, 2004
City of Boynton Beach
Comprehensive Annual Financial Report
For the Fiscal Year Ended September 30, 2004
Table of Contents
Page
INTRODUCTORY SECTION
Letter of Transmittal
GFOA Certificate of Achievement
Organizational Chart
List of Elected and Appointed Officials
i
vii
viii
ix
FINANCIAL SECTION
Independent Auditor's Report
Management's Discussion and Analysis
Basic Financial Statements:
Government-wide Financial Statements:
Statement of Net Assets
Statement of Activities
Fund Financial Statements:
Governmental Funds:
Balance Sheet - Governmental Funds
Reconciliation of the Balance Sheet of Governmental Funds to the
Statement of Net Assets
Statement of Revenues, Expenditures, and Changes in
Fund Balances - Governmental Funds
Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund
Balances of Governmental Funds to the Statement of Activities
Statement of Revenues, Expenditures, and Changes in
Fund Balances - Budget and Actual - General Fund
Proprietary Funds:
Statement of Net Assets - Proprietary Funds
Statement of Revenues, Expenses, and Changes in
Fund Net Assets - Proprietary Funds
Reconciliation of the Enterprise Funds Financial Statements to the
Government-Wide Business-Type Activities Financial Statements
Statement of Cash Flows - Proprietary Funds
Fiduciary Funds:
Statement of Fiduciary Net Assets - Pension Trust Funds
Statement of Changes in Fiduciary Net Assets - Pension Trust Funds
Notes to the Financial Statements
Required Supplementary Information - Pension Trust Funds:
Schedules of Funding Progress
General Employees' Pension Fund Schedule of Contributions from Employer
for the Last Three Years
1-2
3-13
14
15-16
17
18
19
20
21-22
23
24
25
26
27
28
29-54
55
55
City of Boynton Beach
Table of Contents (continued)
Page
FINANCIAL SECTION--CONTINUED
Statement of Revenues, Expenditures, and Changes in
Fund Balances - Budget and Actual - Capital Improvements Fund
Combining and Individual Fund Statements and Schedules:
Nonmajor Governmental Funds:
Combining Balance Sheet
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances
Schedules of Revenue, Expenditures, and Changes in Fund Balance
Budget and Actual:
Promissory Note Debt Service Fund
2004 Public Service Tax Debt Service Fund
Fire Rescue Capital Improvement Fund
Local Option Gas Tax Fund
Community Improvements Fund
Recreation Program Fund
Boynton Beach Memorial Park Fund
Nonmajor Enterprise Funds:
Combining Statement of Net Assets
Combining Statement of Revenues, Expenses, and Changes in Net Assets
Combining Statement of Cash Flows
Internal Service Funds:
Combining Statement of Net Assets
Combining Statement of Revenues, Expenses, and Changes in Net Assets
Combining Statement of Cash Flows
Pension Trust Funds:
Combining Statement of Fiduciary Net Assets
Combining Statement of Changes in Fiduciary Net Assets
56
57
58-59
60-61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
STATISTICAL SECTION
General Fund Revenue by Source and Other Financing Sources-Budgetary Basis
General Fund Expenditures by Function and Other Financing Uses-Budgetary Basis
Property Tax Levies and Collections
Assessed and Estimated Actual Value of Taxable Property
Property Tax Rates-All Direct and Overlapping Governments
Ratio of Net General Bonded Debt to Assessed Value and Net Bonded Debt Per Capita
Computation of Direct and Overlapping General Obligation Debt
Computation of Legal Debt Margin
Ratio of Annual Debt Service Requirements for General Obligation and Bonded Debt to
Total General Fund Expenditures-Budgetary Basis
Schedule of Water and Sewer Revenue Bond Debt Service Coverage
Property Value and Construction
Principal Taxpayers
Demographic Statistics
Miscellaneous Statistical Data
80-81
82-83
84-85
86-87
88
89-90
91
92
93
94
95
96
97
98-99
City of Boynton Beach
Table of Contents (continued)
Page
COMPLIANCE SECTION
Independent Auditor's Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed in Accordance with Government Auditing Standards
Independent Auditor's Report on Compliance Applicable to Each Major Federal
Program and State Project and Internal Control Over Compliance
Schedule of Expenditures of Federal Awards and State Financial Assistance
Notes to Schedule of Expenditures of Federal Awards and
State Financial Assistance
Schedule of Findings and Questioned Costs
Management Letter
City Management's Response to the Management Letter
100-101
102-103
104-105
106
107-108
1 09-112
113
(D. .
. ,
. '
City of 30ynton 3{l8Ch, ftorid8
City Hall - 100 East Boynton Beach Boulevard,
Boynton Beach, FL 33435
Phone: (561) 742-6311
Internet: www.boynton-beach.org
April 22, 2005
The Honorable Mayor,
Members of the City Commission,
Citizens of the City of Boynton Beach, Florida
The Financial Services Department is pleased to submit the Comprehensive Annual Financial
Report (CAFR) of the City of Boynton Beach, Florida for the fiscal year ended September 30,
2004. The report fulfills the requirements set forth in Chapter 166.241 of the Florida Statutes and
the Rules of the Florida Auditor General, Chapter 10.550. In addition to meeting legal
requirements, the report continues to present the City's tradition of full financial disclosure.
This philosophy is demonstrated by the informative financial analysis provided and the exhibits
and statistical tables included herein.
To the best of our knowledge and belief the data, as presented, is accurate in all material
respects; the information is presented in a manner designed to fairly present the financial
position and results of operations of the City; and all disclosures necessary to enable the reader
to gain an understanding of the City's financial activity have been included.
The CAFR's role is to assist in making economic, social and political decisions and to assist in
assessing accountability to the citizenry by:
.:. comparing actual financial results with the legally adopted budget, where
appropriate;
.:. assessing financial condition and results of operations;
.:. assisting in determining compliance with finance related laws, rules and regulations;
and
.:. assisting in evaluating the efficiency and effectiveness of City operations
Responsibility for both the accuracy of the presented data and the completeness and fairness
of the presentation, including all disclosures, rests with the management of the City.
The CAFR is presented in four parts to facilitate understanding by the non-financially oriented
user as well as to provide all necessary information for the most sophisticated financial
observer.
The Introductory Section is designed to introduce the reader to the City and summarize the
financial story told in the financial statements, schedules, notes and statistical tables. The
transmittal letter discusses significant aspects of financial operations during the year and
capsulizes financial prospects for the future. This section includes the transmittal letter, a list of
principal officials and the city's organizational chart.
The Financial Section includes the independent auditor's report, Management's Discussion and
Analysis, basic financial statements and the related notes to the financial statements. The
basic financial statements and notes are designed to provide an overview of the City's
financial position and results of operations. The remainder of this section presents the
combining statements, individual fund statements and schedules focusing on each individual
fund and other required supplementary information.
The Statistical Section contains a number of tables and other data designed to depict
historical, social, economic, and financial trends and give an overall view of the fiscal capacity
of the City.
The Compliance Section contains data required by the State of Florida and the Federal Single
Audit Act.
THE CITY
Boynton Beach, Florida's Gateway to the Gulfstream, is a coastal city located in southern Palm
Beach County. Major Nathan S. Boynton, a native of Michigan founded the City. In 1895
Major Boynton enlisted several workmen from his native Michigan to move their families to
Boynton Beach. With other settlers, the early years of our City were spent building a town,
raising vegetables to supply their needs as well as the guests of the new Boynton Beach Hotel.
Boynton Beach is a year-round community that offers a full complement of recreational,
entertainment, shopping and dining opportunities. Easily accessible by road, rail, sea and air,
Boynton Beach is a city of neighborhoods with much to offer residents, visitors and businesses.
Boynton Beach is the county's third largest city and is a great place to live, work, play and
learn.
The City, incorporated in 1920, derives its governmental authority from a charter granted by
the Legislature of the State of Florida. The City operates under a Commission/Manager form of
government. Four Commissioners are elected by district for a three-year term. A Mayor is
elected at large on a non-partisan basis for a three-year term. The City Commission appoints
the City Manager who is the Chief Administrative Officer of the City and directs the business of
the City and its various departments. The City Commission determines policy, adopts
legislation, approves the City's budget, sets taxes and fees and appoints the City Attorney and
members of the various boards.
The City of Boynton Beach provides a full range of municipal services. The public safety
program includes police, fire protection and rescue services; the City's extensive recreation
program includes beaches, a pool, golf course, a library, tennis courts, neighborhood parks
and boat ramps; the Municipal Services Department provides essential street and highway
maintenance, sanitation and other technical assistance to the City; Utility Services Department
provides water, sewer and stormwater services. The City's Development Department
administers the City's Community Development Block Grant and the Section 8 Housing
Assistance Grant as well as building inspection, planning & zoning and occupational licenses.
The City Hall in the Mall, located in the major shopping mall on the western border, offers
citizens the opportunity to pay utility bills and to sign up for recreational programs without
traveling to City Hall.
11
THE REPORTING ENTITY
This report includes all of the funds of the City. In addition to general government activities. the
Community Redevelopment Agency (CRA) is included in the reporting entity.
ECONOMIC CONDITIONS AND OUTLOOK
Greater Boynton Beach today is enjoying a renaissance that will reshape the fast-growing
community for years to come. Already the third largest city in Palm Beach County, Boynton
Beach is benefiting from civic initiatives and growing flow of private investment. With
numerous private and public projects planned or already underway. Boynton Beach will be
completely transformed in the next few years.
New commercial and residential developments are planned or under construction along
Federal Highway (US. 1) and the Intracoastal Waterway. in the heart of Boynton Beach and in
the fast-growing western corridor along Congress Avenue and Gateway Boulevard. The long
awaited downtown waterfront Marina Village project is finally under construction. where two
15 story buildings and one seven story building connected by a parking garage will contain
338 residential units and over 17,000 square feet of commercial space. The Arches. which is
also slated for construction in the downtown area. will include residential. retail and office
space. These downtown private projects will be complimented by the City's Boynton Beach
Boulevard Extension and Riverwalk projects. which will extend Boynton Beach Boulevard to the
Intracoastal Waterway and provide a vehicular and pedestrian gateway to the entire Marina
Area. This access will provide the community with an events and festival area and also provide
access to Boynton's largest preserve of mature mangroves. ensuring the preservation of over
40 acres of natural resources with open space for future generations. Finally. the construction
of a major mixed-use development. Renaissance Commons. has begun along Congress
A venue on an 86-acre tract of land. This project includes over 1 .300 residential units and
almost 44.000 square feet of commercial space.
The median household income based on the 2000 Census was $39,845 and the median age
was 41.8 years.
The City has maintained its high level of service while lowering the ad valorem tax rate to the
current $7.500 per $1.000 of taxable value.
MAJOR INITIATIVES
Projects continuing:
.:. Finalize construction on new fire station in the City's southeast quadrant.
.:. Purchase of Jaycee Park from the Florida Inland Navigation District.
.:. Purchase of 9.3 acres of property in the northeast quadrant for a Public Safety Center.
.:. Construction will begin in the Spring 2005 on the Library Expansion Project.
.:. Continue stormwater projects.
11l
Projects for the future:
.:. Begin construction on a meeting/clubhouse facility at Intracoastal Park. This will be an
all-purpose facility overlooking the intracoastal waterway. Residents will be able to
lease the facility for private functions.
.:. Begin construction on a new fire station to replace the existing station in the southwest
quadrant of the City.
.:. Design a Public Safety Center to be located in the northeast quadrant of the City.
.:. Expansion of the West Water Treatment Plant.
.:. Implementation of a plan of action to replace lost wellfield capacity due to withdrawal
restrictions from the surfical aquifer in the City's eastern wellfield and refurbishment of
the East Water Plant facilities.
.:. Begin Phase III improvements to the Senior Citizen Center.
.:. Begin upgrades to the City pool located in the Wilson Center Complex.
.:. Construct a replacement Community Center at Wilson Center Complex. This park is
located in the northeast quadrant of the City.
.:. Restoration of the old high school building.
.:. Reconstruct the boardwalk at the City's Ocean Front Park.
.:. Construct a park in the Southeast quadrant of the City.
FINANCIAL INFORMATION
Accounting and Administrative Controls
City management is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the City are protected from loss, theft or misuse.
Additionally, management ensures that accounting data is adequately compiled to allow for
the preparation of financial statements in conformity with U.S. generally accepted accounting
principles issued by the Governmental Accounting Standards Board. Internal accounting
controls are designed to provide reasonable, but not absolute, assurance that these objectives
are met. The concept of reasonable assurance recognizes that: (1) the cost of a control
should not exceed the benefits likely to be derived; and (2) the evaluation of costs and
benefits requires estimates and judgments by management.
Single Audit
As a recipient of federal, state and county financial assistance, the City also is responsible for
ensuring that an adequate control structure is in place to ensure compliance with applicable
laws and regulations related to those programs. This internal control structure is subject to
periodic evaluation by management.
The City is required to undergo an annual single audit performed under the provisions of the
U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments
and Non-Profit Organizations and Chapter 10.550, Rules of the Auditor General, State of
Florida. The information related to the Single Audit, including the schedule of expenditure of
federal awards and state financial assistance, findings and questioned costs, and auditor's
reports on the internal control and compliance with applicable laws and regulations are
included in this report under the Compliance Section.
IV
Budgetary Controls
Additionally, the City maintains budgetary controls, the objective of which is to ensure
compliance with legal provisions contained in the annual appropriated budget approved by
the City Commission. Annual budgets are legally adopted for activities of the general fund,
special revenue fund, debt service funds and capital projects fund. Budgets are controlled at
the category level and expenditures may not legally exceed appropriations at the
department level without Commission approval. The City maintains an encumbrance
accounting system as one technique of accomplishing budgetary control. Encumbered
amounts lapse at year-end. However, encumbrances generally are reappropriated as part of
the following year's budget.
Cash Management
The City uses a pooled cash concept for all funds under its control. Currently, the City utilizes
the State Board of Administration and the Florida Municipal Investment Trust for its investments
of the pooled cash funds. Money managers handle the investments for the three pension
funds based on investment guidelines set up by each pension board. The guidelines are then
submitted to the City Commission for approval. The City's goal is to earn the highest income,
while maintaining that liquidity and safety are the most important standards of the policy.
Risk Management
The City is self-insured for worker's compensation, general liability and auto liability with
coverage on excess claims contracted with commercial carriers. Resources are accumulated
in an internal service fund to pay claims and to meet potential losses. The City has various risk
control techniques, including employee accident prevention training, safety awareness, health
awareness programs and defensive driving courses.
Other Information
Independent Audit - Florida Statutes require that an independent certified public accounting
firm perform an annual financial audit. Caler, Donten, Levine, Druker, Porter & Veil, P.A
performed the 2003/2004 audit.
Awards - The Government Finance Officers Association of the United States and Canada
(GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City
of Boynton Beach for its Comprehensive Annual Financial Report (CAFR) for the fiscal year
ended September 30, 2003. This was the 26th consecutive year the City of Boynton Beach has
received the award. The Certificate of Achievement is the highest form of recognition for
excellence in state and local governmental financial reporting.
In order to be awarded a Certificate of Achievement, a governmental unit must publish an
easily readable and efficiently organized comprehensive annual financial report, whose
contents conform to program standards. Such comprehensive annual financial reports must
satisfy accounting principles generally accepted in the United States of America.
A Certificate of Achievement is valid for a period of one year only. We believe our current
report continues to conform to Certificate of Achievement Program requirements, and we are
submitting it to the GFOA.
v
ACKNOWLEDGEMENTS
The preparation and issuance of this report represents countless hours of work. Many
individuals of the Financial Services Department are responsible for its completion. The highest
appreciation is extended to the employees who daily maintain the financial records upon
which this report is based.
Special thanks must be given to Mary Munro for her dedication in the coordination and
completion of this document.
I wish to take this opportunity to thank you and the citizens of Boynton Beach for the vital role
you play in enabling the City to achieve and maintain this high degree of fiscal responsibility.
Respectfully submitte ,
illiam Mummert
Director of Financial Services
VI
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Boynton Beach,
Florida
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
September 30, 2003
A Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
government units and public employee retirement
systems whose comprehensive annual financial
reports (CAFRs) achieve the highest
standatds in government accounting
and fmancial reporting.
?l~~~
President
~/~
Executive Director
VB
CITY OF BOYNTON BEACH, FLORIDA
.
ORGANIZATIONAL CHART
Advisory Boards
Advisory Brd on Children & Youth
Bldg Brd of Adjustment &
Appeals
Cemetery Board
Code Compliance Board
CRA
Community Relations Board
Education Advisory Board
Golf Course Advisory Board
Library Board
Nuisance Abatement Board
Planning & Development Board
Recreation & Parks Board
Senior Advisory Board
Employees' Pension Plan Board
Firefighters' Pension
Police Officer's Retirement
Asst. City Manager
Administrative Services
City Clerk
Communications
Human Resources
I. T.S./G.I.S.
Organizational/
Strategic /Professional
Development
Risk Mgmt
Grants Team
H.O.B. Redevelopment
Neighborhood Services
Comm./Lelsure Services
Library
Recreation & Parks
-Park Planning .
-Park Maintenance
-Recreation Programs
City Commission
City Attorney
Public Affairs
Director of Public Affairs/Special
Events
FacUlty & Construction
Services
Public Works
-Engineering Services
-Facilities Management
-Fleet Maintenance
-Forest & Grounds
Maintenance
-Solid Waste
-Street Maintenance
Financial Services
Finance Administration
-Budget
-Audit
-Procurement
-Warehouse
Public Safety
Police
-Code Compliance
-Animal Control
Fire/EMS
Department of Development
Building
Occupational Licensing
Planning & Zoning
Community Development
Vlll
utility Services
-Drinking Water
-Stormwater
-Waste Water
Golf Course
Economic Develop.
- Function Areas in Bold Type
- Italics indicates Departments
CITY OF BOYNTON BEACH, FLORIDA
List of Elected and Appointed Officials
September 30, 2004
Elected Officials
Mayor
Vice-Mayor
Commissioner
Commissioner
Commissioner
Jerry Taylor
Mike Ferguson
Mack McCray
Carl McKoy
Bob Ensler
Appointed Officials
Kurt Bressner
Wilfred Hawkins
Dale Sugerman
Janet Prainito
William Mummert
William Bingham
Marshall Gage
James Cheraf
Quintus Green
Jeff Livergood
Arthur Lee
City Manager
Assistant City Manager
Assistant City Manager
City Clerk
Dir. of Financial Services
Fire Chief
Police Chief
City Attorney
Dir. of Development
Dir. of Public Works
Dir. of Human Resources
IX
.Jl1I1
-
CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A.
Wll..L1AM K. CALER, JR., CPA
LOillS M. COHEN. CPA
DAVID S. DONTEN. CPA
SCOTI D. DRUKER, CPA, 10
JAMES B. HUTCHISON, CPA
JOEL H. LEVINE. CPA
JAMES F. MULLEN, IV, CPA
THOMAS A. PENCE, JR., CPA
SCOTIL.PORTER,CPA
MARK D. VEIL, CPA
CERTIFIED PUBLIC ACCOUNTANTS
505 SOUTH FLAGLER DRIVE, SUITE 900
WEST PALM BEACH, FL 33401-5948
TELEPHONE (561) 832-9292
FAX (561) 832-9455
MEMBERS
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
FLORIDA INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
info@cdlcpa.com
Independent Auditor's Report
The Honorable Mayor and
City Commission
City of Boynton Beach, Florida
We have audited the accompanying financial statements of the governmental activities, the business-type
activities, the discretely presented component unit, each major fund and the aggregate remaining fund
information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2004, which
collectively comprise the City's basic financial statements as listed in the table of contents. These financial
statements are the responsibility of the management of the City of Boynton Beach, Florida. Our
responsibility is to express opinions on these financial statements based on our audit. We did not audit
the financial statements of the Community Redevelopment Agency, the discretely presented component
unit of the City, and the Municipal Police Officers' Retirement Fund and the Firefighters' Pension Fund,
two fiduciary funds of the City, which together represent 53% and 58%, respectively, of the total assets
and total additions of the Fiduciary Funds of the City. Those financial statements were audited by other
auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the
amounts included for the Community Redevelopment Agency, the Municipal Police Officers' Retirement
Fund and the Firefighters' Pension Fund, is based solely on the reports of the other auditors.
We conducted our audit in accordance with U.s. generally accepted auditing standards and the standards
applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller
General of the United States. 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 presentation. We believe that
our audit provides a reasonable basis for our opinions.
In our opinion, based on our audit and the reports of other auditors, the financial statements referred to
above present fairly, in all material respects, the respective financial position of the governmental
activities, the business-type activities, the discretely presented component unit, each major fund and the
aggregate remaining fund information of the City of Boynton Beach, Florida, as of September 30, 2004,
and the respective changes in financial position and cash flows, where applicable, thereof for the year
then ended in conformity with U.s. generally accepted accounting principles.
In accordance with Government Auditing Standards, we have also issued our report dated April 27, 2005 on
our consideration of the internal control over financial reporting of the City of Boynton Beach, Florida,
and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant
agreements and other matters. The purpose of that report is to describe the scope of our testing of
internal control over financial reporting and compliance and the results of that testing, and not to provide
an opinion on the internal control over financial reporting or on compliance. That report is an integral
part of an audit performed in accordance with Government Auditing Standards and should be considered
in assessing the results of our audit.
The management's discussion and analysis and the required supplementary information on pages 3 through 13
and page 55, respectively, are not a required part of the basic financial statements, but are supplementary
information required by u.s. generally accepted accounting principles. We have applied certain limited
procedures, which consisted principally of inquiries of management regarding the methods of
measurement and presentation of the required supplementary information. However, we did not audit
the information and express no opinion on it.
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively
comprise the basic financial statements of the City of Boynton Beach, Florida. The introductory section,
the combining and individual fund financial statements and schedules and the statistical section listed in
the table of contents are presented for purposes of additional analysis and are not a required part of the
basic financial statements of the City of Boynton Beach, Florida. The accompanying Schedule of
Expenditures of Federal A wards and State Financial Assistance is presented for purposes of additional
analysis as required by u.S. Office of Management and Budget Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations, and Chapter 10.550, Rules of the Auditor General, and is also
not a required part of the basic financial statements of the City of Boynton Beach, Florida. The combining
and individual fund financial statements and schedules and the Schedule of Expenditures of Federal
Awards and State Financial Assistance have been subjected to the auditing procedures applied in the
audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in
relation to the basic financial statements taken as a whole. The introductory section and statistical section
have not been subjected to the auditing procedures applied in the audit of the basic financial statements
and, accordingly, we express no opinion on them.
Ck, ~I ~,
~I p~ ~ V.u< ~A,
April 27, 2005
2
Management's Discussion and Analysis
As management of the City of Boynton Beach (the City), we offer readers of the City's
financial statements this narrative overview and analysis of the financial activities of the City for
the fiscal year ended September 30, 2004. We encourage readers to consider the information
presented here in conjunction with additional information that we have furnished in our letter
of transmittal, which can be found on pages i-vi of this report.
Financial Highlights
.:. The assets of the City exceeded its liabilities at the close of the most recent fiscal year
by $242,131,704. (net assets). Of this amount, $89,331.426 (unrestricted net assets) may
be used to meet the government's ongoing obligations to citizens and creditors.
.:. The City's total net assets increased by $8,737,522. Approximately 90% of this increase is
attributable to governmental activities and the remaining 10% to business-type
activities.
.:. At the close of the current fiscal year, the City's governmental funds reported
combined ending fund balances of $39,945,166, an increase of $5,958,931 in
comparison with the prior year. Almost this entire total amount, $39,911,736 is available
for spending at the government's discretion (unreserved fund balance).
.:. At the end of the current fiscal year, unreserved fund balance for the general fund was
$15,884.488 or 32% of total general fund expenditures and other financing uses. Of this
balance, $7,325,119 was designated for specific purposes/projects, subsequent years
expenditures and emergencies, with $8,559,369 available for new spending. The City
established an ordinance requiring 10% of the subsequent year's budgeted
expenditures be designated for emergencies. This designation of fund balance
accounts for $5,603,584 of the $7,325,119 of unreserved designated fund balance.
.:. The City's total debt increased by $6.456,962 (11 %) during the current fiscal year. The
City issued $17,540,000 of Public Service Tax Refunding Revenue Bonds, Series 2004 for
the purpose of advance refunding the outstanding Public Service Tax refunding
Revenue Bonds, Series 1993 in the amount of $7,985,000. A portion of the proceeds of
the new issue was used to pay bond issuance costs and a portion of the proceeds will
be used to fund various capital improvement projects as may be approved by the City
Commission from time to time.
.:. The City was hit by two hurricanes in September 2004, with costs incurred to clean up
debris, including salaries, benefits and contracted services, totaling almost $1.6 million
as of September 30, 2004. The total clean-up costs of these two hurricanes are
expected to exceed $2.5 million. A significant portion of these costs is eligible for
reimbursement from the state via pass-through funds from the Federal Emergency
Management Agency (FEMA). The estimated reimbursement for costs incurred through
September 30, 2004 is $1,320,000 and is included as "Due from other Governments" in
the financial statements.
Overview of the Financial statements
This discussion and analysis are intended to serve as an introduction to the City's basic
financial statements. The City's basic financial statements comprise three components: 1)
government-wide financial statements, 2) fund financial statements, and 3) notes to the
financial statements. This report also contains other supplementary information in addition
to the basic financial statements themselves.
3
Government-wide financial statements. The government-wide financial statements are
designed to provide readers with a broad overview of the City's finances, in a manner
similar to a private-sector business.
The Statement of Net Assets presents information on all of the City's assets and liabilities,
with the difference between the two reported as net assets. Over time, increases or
decreases in net assets may serve as a useful indicator of whether the financial position of
the City is improving or deteriorating.
The Statement of Activities presents information showing how the City's net assets changed
during the most recent fiscal year. All changes in net assets are reported as soon as the
underlying event giving rise to the change occurs, regardless of the timing of related cash
flows. Thus, revenues and expenses are reported in this statement for some items that will
only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but
unused vacation leave).
Both of the government-wide financial statements distinguish functions of the City that are
principally supported by taxes and intergovernmental revenues (governmental activities)
from other functions that are intended to recover all or a significant portion of their costs
through user fees and charges (business-type activities). The governmental activities of the
City include general government, public safety, public works, economic environment, and
culture and recreation. The business-type activities of the City include the Water and
Sewer Fund, the Boynton Beach Recreational Facilities Fund, the Sanitation Fund and the
Mass Transit Fund.
Both of the government-wide financial statements include not only the City itself (known as
the primary government), but also a legally separate Community Redevelopment Agency
for which the City is financially accountable. Financial information for this component unit
is reported separately from the financial information presented for the primary government
itself.
The government wide financial statements can be found on pages 14 through 16 of this
report.
Fund financial statements. A fund is a grouping of related accounts that is used to
maintain control over resources that have been segregated for specific activities or
objectives. Except for the General Fund, separate funds are established to maintain
control over resources that have been segregated for specific activities or objectives. The
City, like other state and local governments, uses fund accounting to ensure and
demonstrate compliance with finance-related legal requirements. All of the funds of the
City can be divided into three categories: governmental funds, proprietary funds, and
fiduciary (pension) funds.
Governmental funds. Governmental funds are used to account for essentially the same
functions reported as governmental activities in the government-wide financial statements.
However, unlike the government-wide financial statements, governmental fund financial
statements focus on near-term inflows and outflows of spendable resources, as well as on
balances of spendable resources available at the end of the fiscal year. Such information
may be useful in evaluating a government's near-term financing requirements.
4
Because the focus of governmental funds is narrower than that of the government-wide
financial statements, it is useful to compare the information presented for governmental
funds with similar information presented for governmental activities in the government-wide
financial statements. By doing so, readers may better understand the long-term impact of
the government's near-term financing decisions. Both the governmental fund balance
sheet and the governmental fund statement of revenues, expenditures, and changes in
fund balances provide a reconciliation to facilitate this comparison between
governmental funds and governmental activities.
The City maintains thirteen individual governmental funds. Information is presented
separately in the governmental fund balance sheet and in the governmental fund
statement of revenues, expenditures, and changes in fund balances for the general fund
and capital improvements fund, which are considered to be major funds. Data from the
other eleven governmental funds are combined into a single, aggregated presentation.
Individual fund data for each of these non major governmental funds is provided in the
form of combining statements elsewhere in this report.
The City adopts an annual appropriated budget for certain governmental funds. A
budgetary comparison statement has been provided for the general fund to demonstrate
compliance with this budget.
The basic governmental fund financial statements can be found on pages 17 through 22 of
this report.
Proprietary funds. The City maintains two different types of proprietary funds. Enterprise
funds are used to report for business-type activities that charge fees to customers for the
use of specific goods or services. These statements are prepared on an accounting basis
that is similar to the basis used to prepare the government-wide financial statements. The
City uses enterprise funds to account for its water and sewer utility system, the municipal
golf course, the sanitation operations and the mass transit system. Internal service funds
are an accounting device used to accumulate and allocate costs internally among the
City's various functions. The City uses internal service funds to account for its fleet of
vehicles, its self-insurance activities, and its warehouse operations. Because these services
predominantly benefit governmental rather than business-type functions, they have been
included within the governmental activities in the government-wide financial statements.
Proprietary fund financial statements provide the same type of information as the
government-wide financial statements, only in more detail. The proprietary fund financial
statements provide separate information for the water and sewer utility system and for the
sanitation operations, both of which are considered to be major funds of the City.
Conversely, the three internal service funds are combined into a single, aggregated
presentation in the proprietary fund financial statements. Individual fund data for the
non major enterprise funds and the individual internal service funds are provided in the form
of combining statements elsewhere in this report.
The City's proprietary fund financial statements can be found on pages 23 through 26 of
this report.
Fiduciary Funds. Fiduciary funds are used to account for resources held for the benefit of
parties outside the government. Fiduciary funds are not reflected in the government-wide
financial statements because the resources of those funds are not available to support the
City's own programs. The accounting used for fiduciary funds is much like that used for
proprietary funds.
The City's Fiduciary Fund financial statements can be found on pages 27 and 28.
5
Notes to the financial statements. The notes provide additional information that is essential
to a full understanding of the data provided in the government-wide and fund financial
statements.
The notes to the financial statements can be found on pages 29 through 54 of this report.
Other information. In addition to the basic financial statements and accompanying notes,
this report also presents certain required supplementary information concerning the City's
progress in funding its obligation to provide pension benefits to its employees. Required
supplementary information can be found on page 55 of this report.
Government-wide Financial Analysis
Net Assets. As noted earlier, net assets may serve over time as a useful indicator of a
government's financial position. In the case of the City, assets exceeded liabilities by
$242,131 ,704 at the close of the most recent fiscal year.
A significant portion of the City's net assets (44%) reflects its investment in capital assets
(e.g., land, buildings, machinery, and equipment), less any related debt that is still
outstanding. The City uses these capital assets to provide services to citizens; consequently,
these assets are not available for future spending. Although the City's investment in its
capital assets is reported net of related debt, it should be noted that the resources needed
to repay this debt must be provided from other sources, since the capital assets themselves
cannot be used to liquidate these liabilities.
City of Boynton Beach
Net Assets
(in thousands)
Governmental Business-type
activities activities Total
2004 2003 2004 2003 2004 2003
Current and other assets $ 55,886 $ 46,188 $ 99,005 $ 104,486 $ 154,891 $ 150,674
Capital assets 42,300 35,699 127,408 120,056 169,708 155,755
Total assets 98,186 81,887 226,413 224,542 324,599 306,429
Long-term liabilities
outstandinQ 23,897 15,118 42,771 44,322 66,668 59,440
Other liabilities 8,141 8,473 7,658 5,122 15,799 13,595
T otalliabilities 32,038 23,591 50,429 49,444 82,467 73,035
Net assets:
Invested in capital assets,
net of related debt 30,761 28,209 84,7 68 74,226 115,529 1 02,435
Restricted 37,272 28,716 37,272 28,716
Unrestricted 35,387 30,087 53,944 72,156 89,331 102,243
Total net assets $ 66,148 $ 58,296 $175,984 $ 175,098 $242,132 $ 233,394
An additional portion of the City's net assets (15%) represents resources that are subject to
external restrictions on how they may be used. The remaining balance of unrestricted net
assets ($89,331,426) may be used to meet the City's ongoing obligations to citizens and
creditors.
At the end of the current fiscal year, the City is able to report positive balances in all three
categories of net assets, both for the government as a whole, as well as for its separate
governmental and business-type activities.
6
Governmental activities. Governmental activities increased the City's net assets by
$7,852,131, thereby accounting for 91 % of the total growth in the net assets of the City.
City of Boynton Beach
Change in Net Assets
(in thousands)
Governmental Business-type
activities activities Total
2004 2003 2004 2003 2004 2003
Revenues:
Proaram revenues:
CharQes for services $ 16,563 $ 10.823 $35.853 $ 34,764 $ 52.416 $ 45.587
Ooeratina arants and contributions 4,503 4,598 805 5.308 4.598
Capital qrants and contributions 1.022 943 5,160 5.883 6,182 6.826
General revenues:
Prooerty taxes 22.996 21,533 22.996 21.533
Other taxes 15,344 16,184 15,344 ]6.184
Other 2,464 1.129 1,255 2.085 3,719 3.214
Total revenues $ 62,892 $ 55,210 $ 43.073 $ 42.732 $ 105.965 $ 97,942
Expenses:
General Qovernment 13.681 10.920 13.681 10.920
Public safety 32.919 28,882 32.9]9 28,882
Public works 1.350 1.565 1,350 ].565
Economic environment 1.668 1.552 1.668 1.552
Culture and recreation 9.329 8.662 9.329 8.662
Interest on lonq-term debt 654 672 2,352 2.519 3.006 3,191
Water and sewer fund 24.417 22,200 24.4] 7 22,200
Sanitation fund 7.322 5,798 7,322 5,798
Other enterprise funds 2.637 2.435 2.637 2.435
Total expenses $ 59,601 $ 52.253 $ 36.728 $ 32,952 $ 96,329 $ 85.205
Increase in net assets before transfers 3,291 2.957 6,345 9,780 9.636 12.737
Chanqe in value of ioint venture 1898\ 1898\
Transfers 4.561 4.557 14.561\ 14.457)
Increase in net assets 7.852 7,514 886 5,223 8,738 12.737
Net assets at beqinninq of year 58,296 50,782 175.098 169,875 233,394 220,657
Net assets at end of year $ 66.148 $ 58.296 175,984 $ 175.098 $ 242.132 $ 233.394
7
Expenses by Source - Governmental Activities
Culture and
recreation
15%
Interest on long-
term debt
1%
General
government
23%
Economic
environment
3%
Public works
2%
Public safety
56%
**************************************************************************************
Revenues by Source - Governmental Activities
Other
4%
Other taxes
24%
Charges for
services
26%
Operating grants
7%
Property taxes
37%
Capital grants
2%
8
Business-type activities. Business-type activities increased the City's net assets by $885,391,
thereby accounting for 10% of the total growth in the net assets of the City.
Expenses by Source - Business-type Activities
Other enterprise
funds
7%
Interest on long-term
debt
6%
Sanitation fund
20%
Water and sewer
67%
**************************************************************************************
Revenues by Source - Business-type Activities
Capital grants
12%
Other
3%
Operating grants
2%
Charges for
services
83%
9
Financial Analysis of the City of Boynton Beach's Funds
As noted earlier, the City uses fund accounting to ensure and demonstrate compliance
with finance-related legal requirements.
Governmental funds. The fund financial statements for the nonmajor governmental funds
are provided on pages 56 through 68. The focus of the City's governmental funds is to
provide information on near-term inflows, outflows, and balances of spendable resources.
Such information is useful in assessing the City's financing requirements. In particular,
unreserved fund balance may serve as a useful measure of a government's net resources
available for spending at the end of the fiscal year.
As of the end of the current fiscal year, the City's governmental funds reported combined
ending fund balances of $39,945,166, an increase of $5,958,931, in comparison with the
prior year. Almost the entire amount of the combined ending fund balances ($39,911,736)
constitutes unreserved fund balance, which is available for spending at the government's
discretion. Approximately 62% of this amount ($24,871,411) constitutes unreserved
designated fund balance, which is an indication of the government's intended use of a
portion of the unreserved fund balance. The remaining amount of fund balance ($33,430)
is reserved to indicate that it is not available for new spending because it has already been
committed for a variety of other restricted purposes.
The general fund is the chief operating fund of the City. At the end of the current fiscal
year, unreserved fund balance of the general fund was $15,884,488, while the total fund
balance reached $15,916,349. Of the unreserved fund balance of the general fund, 1)
$1,658,400 was designated for subsequent years expenditures (included in the 2004-2005
budget), 2) $63,135 was designated for specific purposes and projects, 3) $5,603,584 was
designated for emergency, as per City ordinance and 4) $8,559,369 was available for new
spending. As a measure of the general fund's liquidity, it may be useful to compare both
unreserved fund balance and total fund balance to total fund expenditures. Unreserved
fund balance represents 32% of total general fund expenditures, while total fund balance
represents 32%, as well, of that same amount. Reserved fund balance totaled $31,861.
The fund balance of the City's general fund increased by $2,360,407 during the fiscal year.
This is to be compared with a budgeted decrease of $1,838,624. Key factors in the
$4,199,031 positive difference between actual and budgeted are as follows:
.:. Tax revenues were lower than anticipated
.:. Licenses and permit revenues were higher than anticipated
.:. Intergovernmental revenues were higher than anticipated
.:. Interest revenue was lower than anticipated
.:. Charges for services & other revenues were greater than anticipated
.:. Total revenues were higher than anticipated by
.:. General government expenditures were lower than anticipated
.:. Culture and recreation expenditures were lower than anticipated
.:. Public safety expenditures were greater than anticipated
.:. Other departmental expenditures were lower than anticipated
Total departmental expenditures were higher than anticipated by
.:. Net other financing sources were lower than budgeted
Total difference in net change in fund balance between
Budget and actual
10
$ (509,000)
3,483,000
1,143,000
(616,000)
821 ,000
4 ,322,000
161,000
320,000
(736,000)
134,000
(121,000)
(2,000)
$ 4.199.000
Proprietary funds. The City's proprietary funds provide the same type of information found
in the government-wide financial statements, but in more detail.
Unrestricted net assets of the water and sewer fund amounted to $55,724,370, those for the
municipal golf course amounted to $548,664, the sanitation fund amounted to $400,101,
and the mass transit fund at the end of the year amounted to, and $43,907. The total
growth (reduction) in net assets for these funds was $2,048.782, $(29,388), $204,357, and
$( 16,224) respectively. Other factors concerning the finances of these funds have already
been addressed in the discussion of the City's business-type activities.
General Fund Budgetary Highlights
Differences between the original budget and the final amended budget were relatively
minor and can be summarized as follows:
Mayor and commission
Human resources
City attorney
Planning and zoning
Facilities management
City hall general administrative
Protective inspections
Streets maintenance
Recreation
Parks
Capital Asset and Debt Administration
Oriainal
$ 195,867
595.423
417,361
788.449
1,378,031
1,]89.456
2.434,692
966,193
2,290,558
3,323,144
Budqet
Final
$ 206,217
648,563
427,361
788,325
1,386.781
1.029,106
2.457,021
957.443
2,307,213
3,371,]44
Increase
{Decrease}
$ 10 ,350
53,140
10,000
(124)
8,750
( 160,350)
22,329
(8.750)
16,655
48,000
$
Capital assets. The City's investment in capital assets for its governmental and business-
type activities as of September 30, 2004, amounts to $170,807,554 (net of accumulated
depreciation). This investment in capital assets includes land, buildings, improvements,
machinery and equipment, park facilities, and streets (with the exception of certain
infrastructure of the governmental activities acquired prior to October 1, 2002, which is not
reported). GASB Statement No. 34 requires infrastructure acquired prior to October 1, 2002
to be reported by the fiscal year ending September 30, 2007. The total increase in the
City's investment in capital assets for the current fiscal year was ten percent (a twenty-one
and one-half percent increase for governmental activities and a six percent increase for
business-type activities).
Major capital asset events during the current fiscal year included the following:
.:. The purchase of land, for a fifth fire station in the northeast quadrant of the City, for
$4,240,000.
.:. The purchase of land, for a new park (Jaycee Park) in the southeast quadrant of
the City, for $3.420,000.
.:. The completion of phase" renovations of the Senior Center, for $178,000.
11
City of Boynton Beach
Capital Assets
(net of depreciation in thousands)
Governmental Business-type
Activities Activities Total
2004 2003 2004 2003 2004 2003
Land $ 13,292 $ 5,534 $ 4,159 $ 4,159 $ 17,451 $ 9,693
BuildinQs and improvements 13,391 13,449 54,4 72 56,061 67,863 69,510
Machinery and eauioment 11,623 13,352 7,037 3,863 18,660 17,215
Infrastructure 1,673 1,591 57,427 53,099 59,100 54,690
Construction in Proaress 2,321 1,773 4,313 2,874 6,634 4,647
Total $ 42,300 $ 35,699 $ 127,408 $ 120,056 $ 169,708 $ 155,755
Additional information on the City's capital assets can be found in Note 3 on pages 41 and
42 of this report.
Long-term debt. At the end of the current fiscal year, the City had total debt outstanding
of $62,907,744. Of this amount $2,097,154 is a general obligation note payable. The
remainder of the debt, $60,810,590, represents bonds secured solely by specified revenue
sources (i.e., revenue bonds).
City of Boynton Beach
Bonded Debt and Note Payable
(in thousands)
Governmental Business-type
Activities Activities Total
2004 2003 2004 2003 2004 2003
Revenue bonds $ 18,171 $ 9,450 $ 42,640 $ 43,968 $ 60,811 $ 53,418
Note payable 2,097 3,033 2,097 3,033
Total bonds and note $ 20,268 $ 12,483 $ 42,640 $ 43,968 $ 62,908 $ 56,451
The City's bonded debt and note payable increased by $6,456,962, or 11 % during the
current year. The increase is due to the City's issuance, in August 2004, of $17,540,000 of
new public service tax refunding revenue bond debt, a portion of which was used to
advance refund $7,985,000 of outstanding Series 1993 public service tax revenue bonds.
The remaining bond proceeds, net of bond issuance cost, are reduced by the scheduled
principal payments that were due on all outstanding debt.
All bonds of the City maintain a "AAA" rating from Standard & Poor's and a "Aaa" from
Moody's Investors Services, Inc.
Additional information on the City's long-term debt can be found in Note 3 on pages 43 to
48 of this report.
12
Economic Factors and Next Year's Budgets and Rates
.:. Based on information obtained from the U.S. Department of Labor, Bureau of Labor
Statistics, the national unemployment rate at the end of 2004 stood at 5.1 % compared
to 5.5% at the end of 2003. Comparing favorably to that is the unemployment rate for
Palm Beach County, which was 4.6% at the end of 2004 compared to 4.8% for the same
period in 2003. The State of Florida was at 4.5% at the end of 2004 and 4.7% in 2003.
.:. Inflationary trends in the region on average for fiscal year 2004 were substantially the
same as similar national indices (Le. Consumer Price Index).
All of these factors were considered in preparing the City's budget for the 2004/2005 fiscal
year.
During the current fiscal year, unreserved fund balance in the General Fund increased to
$15.9 million. The City has appropriated $1.7 million of this amount for spending in the
2004/2005 fiscal year budget.
Requests for Information
This financial report is designed to provide a general overview of the City's finances for all
those with an interest in the government's finances. Questions concerning any of the
information provided in this report or requests for additional information should be
addressed to the:
Office of the Director of Financial Services
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Phone: (561) 742-6310
~Of Rnoncial Services
City of Boynton Beach, Florida
13
City of Boynton Beach, Florida
Statement of Net Assets
September 30, 2004
Component
Primary Government Unit
Community
Governmental Business-type Redevelopment
Activities Activities Total Agency
ASSETS
Pooled cash and investments $ 48.646,462 $ 38.650,307 $ 87,296.769 $ 3,972,574
Investments 1,000,000 1.000,000
Receivables. net 311,797 2.262,409 2,574,206 221,887
Due from fiduciary funds 228,257 228.257
Due from other governments 2,333,585 805,000 3.138,585
Internal balances 2.772.945 (2.772,945)
Prepaid items 102.037 3.919 105.956 1,027
Inventories 801,198 54.247 855,445
Net pension asset 417,014 417,014
Investment in joint venture 17 .232,813 17.232.813
Deferred charges 272,900 396.779 669.679
Restricted assets - pooled cash and investments 41,372,262 41,372,262
Capital assets not being depreciated 15.612.947 8,472,498 24,085,445
Capital assets net of accumulated depreciation 26.687.005 118.935,104 145,622,109 1.330,578
Total assets 98,186.147 226.412,393 324,598.540 5.526,066
LIABILITIES
Accounts payable and accrued liabilities 2,186.219 2,323,090 4,509,309 274,213
Accrued interest payable 333,872 333,872 4.793
Refundable deposits 377,621 303,424 681,045
Other payables 237,246 749,584 986.830
Unearned revenue 1.867,045 1,867.045
Liabilities payable from restricted assets:
Customer deposits 1.270.247 1.270,247
Bonds payable 1,730,000 1,730,000
Accrued revenue bond interest 977,787 977,787
Other payables 122,497 122,497
Noncurrent liabilities:
Due within one year:
Bonds and notes payable 1.509.790 1.509,790 145,708
Compensated absences 553.080 181.241 734.321
Provision for insurance losses 1.076,317 1.076.317
Due in more than one year:
Bonds and notes payable 18.757,968 40,909.986 59,667,954 2,470,669
Compensated absences 3,701,380 1.212,920 4.914,300 14,468
Provision for insurance losses 1,437,349 1,437,349
Other payables 648,173 648,173
Total liabilities 32,037.887 50,428,949 82,466,836 2,909,851
NET ASSETS
Invested in capital assets. net of related debt 30,760,931 84,767.616 115,528,547 1.330,578
Restricted for:
Capital improvements 23,054.843 23.054.843
Revenue bonds covenants 14.216.888 14.216.888
Unrestricted 35,387.329 53.944.097 89.331.426 1.285.637
Total net assets $ 66.148.260 $ 175.983.444 $ 242,131,704 $ 2.616,215
The notes to the financial statements are an integral part of this statement.
14
Functions/Programs
Primary government:
Governmental activities:
General government
Public safety
Public works
Economic environment
Culture and recreation
Interest on long-term debt
Total governmental activities
Business-type activities:
Water and sewer
Sanitation fund
Other enterprise funds
Total business-type activities
Total primary government
Component unit
Community redevelopment agency
City of Boynton Beach, Florida
Statement of Activities
For the Year Ended September 30, 2004
Program Revenues
Expenses
Charges for
Services, Fees
Fines and
Forfeitures
Capital
Grants and
Contributions
Operating
Grants and
Contributions
$ 13,681,107 $ 9,600,494 $ $ 40,780
32,919,033 4,788,703 3,011,598 127,907
1,350,192
1,667,440 146,360 1,381,005
9,329,249 2,027,172 110,524 853,492
653,647
59,600,668 16,562,729 4,503,127 1,022,179
26,768,722 26,572,657 805,000 5,160,126
7,322,559 6,859,994
2,636,977 2,420,514
36,728,258 35,853,165 805,000 5,160,126
$ 96,328,926 $ 52,415,894 $ 5,308,127 $ 6,182,305
$ 3,268,867 $ $ $
General Revenues:
Property taxes
Tax increment
Franchise taxes
Public service taxes
Communications services tax
Sales tax
Gas tax
State revenue sharing not restricted to specific programs
Interest
Other
Change in value of joint venture
Transfers
Total general revenue and transfers
Change in net assets
Net assets, October 1, 2003
Net assets, September 30, 2004
15
Net (Expense) Revenue and Change in Net Assets
Primary Government
Component
Unit
Governmental
Activities
Business-type
Activities
Total
Community
Redevelopment
Agency
$ (4,039,833) $ $ (4,039,833) $
(24,990,825) (24,990,825)
(1,350,192) (1,350,192)
(140,075) (140,075)
(6,338,061 ) (6,338,061)
(653,647) (653,647)
(37,512,633) (37,512,633)
5,769,061 5,769,061
(462,565) (462,565)
(216,463) (216,463)
5,090,033 5,090,033
$ (37,512,633) $ 5,090,033 $ (32,422,600) $
$ $ $ $ (3,268,867)
$ 22,995,830 $ $ 22,995,830 $
2,517,635
5,764,094 5,764,094
1,767,298 1,767,298
1,715,356 1,715,356
4,786,748 4,786,748
1,310,648 1,310,648
1,612,302 1,612,302
744,878 1,241,717 1,986,595 71,645
107,070 11,861 118,931
(897,680) (897,680)
4,560,540 (4,560,540)
45,364,764 (4,204,642) 41,160,122 2,589,280
7,852,131 885,391 8,737,522 (679,587)
58,296,129 175,098,053 233,394,182 3,295,802
$ 66,148,260 $ 175,983,444 $ 242,131,704 $ 2,616,215
The notes to the financial statements are an integral part of this statement.
16
City of Boynton Beach, Florida
Balance Sheet
Governmental Funds
September 30, 2004
Capital Other Total
General Improvements Governmental Governmental
Fund Fund Funds Funds
ASSETS
Pooled cash and investments $ 15,983,967 $ 11,055,411 $ 14,428,454 $ 41,467,832
Receivables, net 282,925 19,055 301,980
Due from other funds 883,356 883,356
Due from fiduciary funds 228,257 228,257
Due from other 90vernments 1 ,273,284 1,060,301 2,333,585
Other receivables 9,817 9,817
Prepaid items 31,861 31,861
Inventories 1,569 1,569
Total assets $ 18,683,650 $ 11,055,411 $ 15,519,196 $ 45,258,257
LIABILITIES AND FUND BALANCES
Liabilities:
Accounts payable $ 467,133 $ 95,881 $ 170,850 $ 733,864
Accrued expenses 1,166,063 47,896 1,213,959
Due to other funds 883,356 883,356
Refundable deposits 361,385 16,236 377,621
Other payables 232,026 5,220 237,246
Unearned revenue 772,720 1,094,325 1,867,045
Total liabilities 2,767,301 327,907 2,217,883 5,313,091
Fund balances:
Reserved for/reported in:
Prepaid items 31,861 31,861
Special revenue funds 1,569 1,569
Unreserved, designated for/reported in:
Designated for specific purposes and projects 63,135 10,727,504 10,790,639
Designated for subsequent year's expenditures 1,658,400 1,658,400
Designated for emergency 5,603,584 5,603,584
Capital projects funds 3,687,625 3,687,625
Special revenue funds 1,543,021 1,543,021
Debt service funds 1,588,142 1,588,142
Unreserved, undesignated, reported in:
General fund 8,559,369 8,559,369
Special revenue funds 6,480,956 6,480,956
Total fund balances 15,916,349 10,727,504 13,301,313 39,945,166
Total liabilities and fund balances $ 18,683,650 $ 11,055,411 $ 15,519,196 $ 45,258,257
The notes to the financial statements are an integral part of this statement
17
City of Boynton Beach, Florida
Reconciliation of the Balance Sheet of Governmental Funds
to the Statement of Net Assets
September 30, 2004
Fund balances - total governmental funds
Amounts reported for govemmental activities in the statement of net assets
are different because:
Capital assets used in govemmental activities are not financial resources
and, therefore, are not reported in the funds.
Net pension assets of defined benefit plans are reported in the statement of
net assets. Because these do not represent available, spendable resources,
they are not reported in govemmental funds
Governmental funds report debt issuance costs as an expenditure when those
costs are first incurred because they require the use of current financial
resources. However, debt issuance costs must be induded as a deferred
charge in the government-wide financial statements
Governmental funds do not report a liability for accrued interest until it is due and
payable. Accrued interest must be reported as a liability in the government-wide
financial statements.
Internal service funds are used by management to charge the costs
of fleet management, risk management, and the warehouse to individual
funds. The assets and liabilities of the intemal service funds are included
in governmental activities in the statement of net assets.
Long-term liabilities, including bonds payable and compensated absences, are
not due and payable in the current period and therefore are not reported
in the governmental funds. At year end these liabilities consisted of:
Bonds and notes payable
Compensated absences
$ (20,267,758)
(4,108,490)
Consolidation adjustment to Enterprise Funds for Internal Service Funds look-back
Net assets of governmental activities
The notes to the financial statements are an integral part of this statement
18
$
39,945,166
36,333,518
417,014
272,900
(333,872)
11,116,837
(24,376,248)
2,772,945
$ 66,148,260
City of Boynton Beach, Florida
Statement of Revenues, Expenditures, and Changes in Fund Balances
Governmental Funds
For the Year Ended September 30, 2004
Capital Other Total
General Improvements Governmental Governmental
Fund Fund Funds Funds
REVENUES
Taxes $ 28,208,605 $ $ 6,619,251 $ 34,827,856
Licenses and permits 6,648,957 6,648,957
Intergovernmental 9,535,466 2,814,026 12,349,492
Charges for services 2,791,326 1,325,081 4,116,407
Special assessments 2,310,637 2,310,637
Fines and forfeitures 236,278 220,671 456,949
Rents and royalties 204,178 204,178
Interest 344,455 150,403 187,608 682,466
Donations 874,822 874,822
Miscellaneous 191,086 42,590 233,676
Total revenues 48,160,351 150,403 14,394,686 62,705,440
EXPENDITURES
Current:
General government 10,372,267 309,028 444,533 11,125,828
Public safety 30,131,188 15,772 1,927,424 32,074,384
Public works 1,154,696 16,735 848 1,172,279
Economic environment 141,363 1,361,160 1,502,523
Culture and recreation 6,907,570 196,922 1,545,954 8,650,446
Capital outlay 477,515 8,404,046 2,318,601 11,200,162
Debt service:
Principal retirement 2,401,200 2,401,200
Interest Charges 602,756 602,756
Bond issuance costs 280,697 280,697
Advanced refunding escrow 1,593,052 1,593,052
Total expenditures 49,184,599 8,942,503 12,476,225 70,603,327
Revenues over (under) expenditures (1,024,248) (8,792,100) 1,918,461 (7,897,887)
OTHER FINANCING SOURCES (USES)
Transfers in 4,306,800 13,667,553 479,298 18,453,651
Transfers out (922,145) (44,289) (15,420,856) (16,387,290)
Refunding bonds issued 17,540,000 17,540,000
Refunding bonds premium 832,794 832,794
Payment to refunded bond escrow agent (6,582,337) (6,582,337)
Total other financing sources and uses 3,384,655 13,623,264 (3,151,101) 13,856,818
Net change in fund balances 2,360,407 4,831,164 (1,232,640) 5,958,931
Fund balances, October 1, 2003 13,555,942 5,896,340 14,533,953 33,986,235
Fund balances, September 30,2004 $ 15,916,349 $ 10,727,504 $ 13,301,313 $ 39,945,166
The notes to the financial statements are an integral part of this statement
19
City of Boynton Beach, Florida
Reconciliation of the Statement of Revenues, Expenditures, and
Changes in Fund Balances of Governmental Funds to the
Statement of Activities
For the Year Ended September 30, 2004
Net change in fund balances - Total Governmental Funds
Difference in amounts reported for Governmental Activities in the Statement of Activities:
Capital outlay, reported as expenditures in Governmental Funds, are shown as capital assets
in the Statement of Net Assets.
Depreciation expenses on governmental capital assets included in the Governmental Activities
in the Statement of Activities.
Net cost of capital asset dispositions.
Changes in the net pension asset are reported in the statement of activities, but are not
reported in the governmental funds because they have no effect on current financial resources.
The issuance of long-term debt (e.g., bonds, leases) provides current financial resources
to governmental funds while the repayment of the principal of long-term debt consumes
the current financial resources of governmental funds. Neither transaction, however,
has any effect on net assets. Also, governmental funds report the effect of issuance
costs, premiums, discounts, and similar items when debt is first issued, whereas these
amounts are deferred and amortized in the statement of activities.
Issuance of new refunding bonds
Refunding bonds premium
Repayment of long-term debt
Bond issuance costs
Payment to escrow agent for refunding
Advanced refunding escrow
Governmental funds report certin debt related items as revenues and expenditures
when those items are first incurred because they provide or require the use of current
financial resources. However, these items must be amortized over the life of related
bond issues when reported on the Statement of Activities.
Amortization of debt issuance costs
Amortization of deferred charges on refunding
Amortization of bond premium
Payment of accrued interest is an expenditure in the Govemmental Funds, but is a reduction of
liabilities in the Statement of Net Assets.
Payment of compensated absences is reported as an expenditure in Governmental Funds, but is
a reduction of long-term liabilities in the Statement of Net Assets.
The net revenues of the Internal Service Funds are reported with Governmental Activities.
Consolidation adjustment to Governmental Activities for Intemal Service Funds look-back
Nonoperating revenue
Transfers from Business-type Activities to Internal Service Funds
Elimination of transfers to Internal Service Funds from Governmental Activities
Changes in net assets of Governmental Activities
$ (17,540,000)
(832,794)
2,401,200
280,697
6,582,337
1,593,052
$
(7,797)
(11,333)
23,133
The notes to the financial statements are an integral part of this statement
20
$
5,958,931
11,200,162
{3,431 ,557)
(196,172)
417,014
(7,515,508)
4,003
(62,691 )
(157,451)
(1,045,598)
186,819
1,545,000
949,179
$ 7,852,131
City of Boynton Beach, Florida
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Budget and Actual - General Fund
For the Year Ended September 30, 2004
Variance with
Final Budget -
Budgeted Amounts Positive
Original Final Actual (Negative)
REVENUES
Taxes $ 28,718,061 $ 28,718,061 $ 28,208,605 $ (509,456)
Licenses and permits 3,165,489 3,165,489 6,648,957 3,483,468
Intergovernmental 7,194,690 7,194,690 8,337,402 1,142,712
Charges for services 2,225,676 2,225,676 2,791,326 565,650
Fines and forfeitures 175,000 175,000 236,278 61,278
Rents and royalties 57,750 57,750 204,178 146,428
Interest 960,200 960,200 344,455 (615,745)
Miscellaneous 143,561 143,561 191,086 47,525
Total revenues 42,640,427 42,640,427 46,962,287 4,321,860
EXPENDITURES
General government:
Mayor and commission 195,867 206,217 201,370 4,847
City manager 451,761 451,761 454,839 (3,078)
Public affairs 164,746 164,746 125,102 39,644
Special events 217,462 217,462 196,610 20,852
City clerk 429,528 429,528 443,302 (13,774)
Financial services 721,056 721,056 711,309 9,747
Procurement services 247,048 247,048 237,706 9,342
Information technology 1,686,880 1,686,880 1,485,030 201,850
Geographical information services 517,225 517,225 276,875 240,350
Human resources 595,423 648,563 652,246 (3,683)
Professional development 244,268 244,268 215,029 29,239
City attorney 417,361 427,361 500,756 (73,395)
Planning and zoning 788,449 788,325 719,569 68,756
Facilities management 1,378,031 1,386,781 1 ,405,150 (18,369)
City hall general administrative 1,189,456 1,029,106 1,477,721 (448,615)
Communications 1,551,493 1,551,493 1,454,170 97,323
Total general government 10,796,054 10,717,820 10,556,784 161,036
Public safety:
Police 15,139,905 15,139,905 15,453,164 (313,259)
Fire 9,666,972 9,666,972 10,228,091 (561,119)
Protective inspections 2,434,692 2,457,021 2,312,045 144,976
Occupational licenses 198,650 198,650 217,316 (18,666)
Code compliance 725,314 725,314 725,582 (268)
Animal control 159,297 159,297 146,716 12,581
Total public safety 28,324,830 28,347,159 29,082,914 (735,755)
(Continued)
21
City of Boynton Beach, Florida
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Budget and Actual - General Fund
For the Year Ended September 30, 2004
Variance with
Final Budget -
Budgeted Amounts Positive
Original Final Actual (Negative)
Public works:
Administration $ 261,478 $ 261,478 $ 276,414 $ (14,936)
Streets maintenance 966,193 957,443 878,282 79,161
Total public works 1,227,671 1,218,921 1,154,696 64,225
Economic environment:
Neighborhood projects 211,359 211,359 141,363 69,996
Total economic environment 211,359 211,359 141,363 69,996
Culture and recreation:
Library 1,692,235 1,692,235 1,609,288 82,947
Recreation 2,290,558 2,307,213 2,249,167 58,046
Parks 3,323,144 3,371,144 3,192,323 178,821
Total culture and recreation 7,305,937 7,370,592 7,050,778 319,814
Total expenditures 47,865,851 47,865,851 47,986,535 (120,684)
Revenues over (under) expenditures (5,225,424) (5,225,424) (1,024,248) 4,201,176
OTHER FINANCING SOURCES (USES)
Transfers in 4,306,800 4,306,800 4,306,800
Transfers out (920,000) (920,000) (922,145) (2,145)
Total other financing sources and uses 3,386,800 3,386,800 3,384,655 (2,145)
Net change in fund balances $ (1,838,624) $ (1,838,624) $ 2,360,407 $ 4,199,031
The notes to the financial statements are an integral part of this statement
22
City of Boynton Beach, Florida
Statement of Net Assets
Proprietary Funds
September 3D, 2004
Governmental
Business-Type Activities - Enterprise Funds Activities -
other Internal
Water and Sanitation Enterprise Service
Sewer Fund Fund Funds Total Funds
ASSETS
Current assets:
Pooled cash and investments $ 36,710,905 $ 1,165,020 $ 774,382 $ 38.650,307 $ 7.178,630
Investments 1,000,000 1,000.000
Accounts receivable, net 1,762,365 496,727 3.317 2,262,409
Due from other governments 100.000 630,000 75,000 805,000
Due from other funds 645,121
Prepaid items 728 3,191 3,919 70,176
Inventories 54.247 54,247 799,629
Restricted pooled cash and investments:
Customer deposits 1,270.247 1,270.247
Revenue bond covenant accounts 16,924,675 16.924,675
Capital improvements 23,141,761 23,141,761
Federal requirement - landfill escrow 35,579 35.579
Tolal restricted pooled cash and investments 41,336,683 35,579 41,372,262
T alai current assets 80,910,681 2,327,326 910,137 84,148,144 8,693,556
Noncurrent assets:
Deferred charges, net 396,779 396.779
Investment in joint venture 17,232,813 17,232,813
CapRal assets not being depreciated 7,116,031 1,356,467 8,4 72,498 33,166
Capital assets net of accumulated depreciation 117 ,445,301 80,772 1,409,031 118.935,104 5,933,268
T alai assets 223,101,605 2,408,098 3.675,635 229.185.338 14.659,990
LIABILITIES
CurrentliabilRies:
Accounts payable 546,641 1,283,904 135,847 1,966,392 205,154
Accrued expenses 248,218 71.189 37.291 356,698 33,242
Provision for insurance losses, current portion 1,076,317
Contracts payable 749,584 749,584
Refundable deposRs 303,424 303,424
Compensated absences payable 122,392 40,073 18,776 181,241 18,976
Due to other funds 645,121
1,970,259 1,395,166 191,914 3,557.339 1.978.810
Current liabilities payable from
restricted assets:
Customer deposRs 1,270,247 1,270,247
Revenue bonds, current maturities 1,730,000 1.730,000
Accrued revenue bond interest 977,787 977,787
Contracts payable 86,918 86,918
Current portion of landfill postclosure care 35,579 35,579
4,064.952 35,579 4,100,531
Total current liabilities 6.035,211 1.430,745 191,914 7,657,870 1,978,810
NoncurrentliabilRies:
Revenue bonds payable, less current
maturRies and unamortized loss on
defeasance, plus unamortized premium 40,909,986 40,909,986
Compensated absences payable 819,087 268,181 125,652 1,212,920 126,994
Arbitrage rebate payable 419,874 419,874
Provision for insurance losses, less current portion 1,437.349
Landfdl postclosure care, less current portion 228,299 228,299
42,148.947 496,480 125,652 42,771,079 1,564,343
T otalliabilities 48,184,158 1,927,225 317,566 50,428,949 3.543,153
NET ASSETS
Invested in capital assets, net of related debt 81,921,346 80,772 2.765,498 84.767,616 5.966,434
Restricted for:
CapRal improvements 23.054,843 23,054.843
Revenue bonds covenants 14,216,888 14,216,888
Unrestricted 55,724,370 400,101 592,571 56,717,042 5,150,403
Total net assets $ 174,917,447 $ 480,873 $ 3,358,069 $ 178,756,389 $ 11,116,837
The notes to the financial statements are an integral part of this statement
23
City of Boynton Beach, Florida
Statement of Revenues, Expenses and Changes in Fund Net Assets
Proprietary Funds
For the Year Ended September 30, 2004
Governmental
Business-Type Activities - Enterprise Funds Activities -
Other Internal
Water and Sanitation Enterprise Service
Sewer Fund Fund Funds Total Funds
Operating revenues:
Charges for services:
Water sales $ 11,712,636 $ $ $ 11,712,636 $
Sewer service 11,665,629 11,665,629
Garbage fees 6,859,994 6,859,994
Stormwater utility fees 3,194,392 3,194,392
Cart and green fees 1,664,707 1,664,707
Dues 209,814 209,814
Transportation fees 14,281 14,281
Other services 531,712 531,712 4,297,679
Total operating revenues 26,572,657 6,859,994 2,420,514 35,853,165 4,297,679
Operating expenses:
Personal services and benefits 8,559,366 2,505,902 1,496,321 12,561,589 1,072,357
Supplies, services and claims 8,836,695 3,877,509 873,932 13,588,136 3,400,736
Depreciation and amortization 6,615,458 49,973 213,184 6,878,615 2,192,320
24,011,519 6,433,384 2,583,437 33,028,340 6,665,413
Operating income (loss) 2,561,138 426,610 (162,923) 2,824,825 (2,367,734)
Nonoperating revenues (expenses):
Intergovernmental revenue 100,000 630,000 75,000 805,000
Interest income 1,223,082 6,595 12,040 1,241,717 85,009
Interest expense (2,352,362) (2,352,362)
Change in equity in joint venture (897,680) (897,680)
Loss on disposal of capital assets (5,950) (19,470) (25,420) (29,660)
Miscellaneous income 11,861 11,861 131,470
(1,932,910) 636,595 79,431 (1,216,884) 186,819
Income (loss) before contributions
and transfers 628,228 1,063,205 (83,492) 1,607,941 (2,180,915)
Capital contributions 5,160,126 5,160,126
Transfers:
Transfers in 287,228 7,260 170,140 464,628 2,494,179
Transfers out (4,026,800) (866,108) (132,260) (5,025,168)
(3,739,572) (858,848) 37,880 (4,560,540) 2,494,179
Change in net assets 2,048,782 204,357 (45,612) 2,207,527 313,264
Net assets, October 1, 2003 172,868,665 276,516 3,403,681 176,548,862 10,803,573
Net assets, September 30, 2004 $ 174,917,447 $ 480,873 $ 3,358,069 $ 178,756,389 $ 11,116,837
The notes to the financial statements are an integral part of this statement
24
City of Boynton Beach, Florida
Reconciliation of the Enterprise Funds Financial Statements
to the Government-Wide Business-Type Activities Financial Statements
As of and For the Year Ended September 30,2004
Reconciliation of the Statement of Net Assets of Enterprise Funds
to the Government-wide Statement of Net Assets
Net assets - Enterprise Funds
Adjustments to reflect the consolidation of internal service fund activities related to enterprise funds
Cumulative prior year adjustments
Current year adjustment
Net assets of Business-type Activities, Statement of Net Assets
Reconciliation of the Statement of Revenues, Expenses, and
Changes in Fund Net Assets of Enterprise Funds to the
Government-Wide Statement of Activities
Change in net assets - Enterprise Funds
Difference in amounts reported for Business-type Activities in the Statement of Activities:
The net revenues of the Internal Service Funds are reported with Governmental Activities.
This is the consolidation adjustment to Enterprise Funds for Internal Service Funds look-back.
Changes in net assets of Business-type Activities
The notes to the financial statements are an integral part of this statement
25
$
178,756,389
(1,450,809)
(1,322,136)
$ 175,983,444
$
2,207,527
(1,322,136)
$
885,391
City of Boynton Beach. Florida
Statement of Cash Flows
Proprietary Funds
For the Year Ended September 30,2004
Governmenta I
Business-Type Activities. Enterprise Funds Activities -
Other Internal
Water and Sanitation Enterprise Service
Sewer Fund Fund Funds Total Funds
Cash Flows From Operating Activities
Receipts from customers and users $ 26,371,800 $ 6,859,994 S 2,420,698 $ 35,652,492 $
Receipts from interfund services provided 4.297,983
Payments to suppliers (7.570,244) (1,925,779) (688,133) (10,184,156) (3,454.952)
Payments to employees (8,404,432) (2,355,486) (1,488,065) (12,247.983) (1.033.768)
Payments for interfund services used (1,032,774) (908.213) (86.991) (2.027,978)
Net cash provided by (used in) operating activities 9,364,350 1,670.516 157.509 11.192,375 (190,737)
Cash Flows From Noncapltal Financing Activities
Transfers in 287,228 7,260 170.140 464,628 2,494.179
Transfers out (4,026.800) (866,108) (132,260) (5,025,168)
Net cash provided by (used in) noncapital financing acUvities (3,739,572) (858.848) 37.880 (4.560,540) 2,494.179
Cash Flows From Capital and Related Financing Activities
Investment in joint venture (352,673) (352,673)
Acquisition of capital assets (10,010,895) (43,099) (276.371 ) (10.330,365) (1,451.956)
Proceeds from sale of capital assets 27,235 27,235 201.331
Capital contributions 3.253,620 3,253.620
Principal payments on revenue bonds (1,415,000) (1,415,000)
Interest payments on revenue bonds (2.380,733) (2,380.733)
Other proceeds 11,861 11,861 131,470
Net cash (used in) capital and related financing activities (10.878,446) (43,099) (264,510) (11,186,055) (1.119.155)
Cash Flows From Investing Activities
Interest received 1,168,802 6,595 12.040 1.187,437 85.009
Proceeds from sale of investments 500,000 500,000
Net cash provided by investing activities 1,668,802 6,595 12.040 1.687,437 85.009
Increase (decrease) in cash and cash equivalents (3,584,866) 775,164 (57,081) (2.866,783) 1,269,296
Cash and cash equivalents. October 1, 2003 81,632,454 425,435 831,463 82,889,352 5.909,334
Cash and cash equivalents, September 30, 2004 $ 78,047,588 $ 1,200,599 $ 774.382 $ 80,022.569 $ 7,178,630
Reconciliation of Operating Income (Loss) to Net Cash
Provided by (Used in) Operating Activities:
Operating income (loss) $ 2.561,138 $ 426,610 $ (162.923) $ 2,824.825 $ (2,367.734)
Adjustments to reconcile operating income (loss) to
net cash provided by (used in) operating activities:
Depreciation and amortization 6,615,458 49,973 213,184 6.878.615 2,192.320
Provision for doubtful accounts 22,960 22,960
Changes in operating assets and liabilities:
Accounts receivable (292.583) (84,070) (184) (376,837) 304
Prepaid items 13,427 1,344 1.013 15.784 64,821
Inventories 5,770 5.770 (101.203)
Accounts payable 220,250 1,161.822 92.393 1,474,465 56.587
Accrued expenses 75,434 22,099 8,146 105.679 13,121
Refundable deposits 31,485 31,485
Landfill postdosure care (35,579) (35.579)
Provision for insurance losses (74,421)
Customer deposits 37.281 37,281
Compensated absences payable 79,500 128,317 110 207,927 25,468
Total adjustments 6,803.212 1,243,906 320,432 8,367,550 2,176,997
Net cash provided by (used in) operating activities $ 9,364,350 $ 1,670,516 $ 157,509 S 11,192,375 $ (190,737)
Noncash Investing, capital and financing actlvltes:
Contributions of capital assets $ 1,906,506 $ $ $ 1.906,506 $
Change in equity in joint venlure (897.680) (897.680)
Loss on disposal of capital assets 5,950 19,470 25,420 29,660
The notes to the financial statements are an integral part of this statement
26
City of Boynton Beach, Florida
Statement of Fiduciary Net Assets
Pension Trust Funds
September 30, 2004
Total
Pension
Plans
$ 1,903,353
25,748,027
59,041,628
11,150,436
5,496,286
33,992,085
407,754
3,109,591
1,750
140,850,910
899,634
228,257
1,127,891
$ 139,723,019
Assets
Cash and cash equivalents
Investments
U.S. government securities
Common stocks
Corporate bonds
Mortgage-backed securities
Mutual funds
Interest and dividend receivable
Other receivables
Prepaid items
Total assets
Liabilities
Accounts payable
Due to other funds
Total liabilities
Net assets held in trust for pension benefits
The notes to the financial statements are an integral part of this statement
27
City of Boynton Beach, Florida
Statement of Changes in Fiduciary Net Assets
Pension Trust Funds
For the Fiscal Year ended September 30, 2004
Additions:
Contributions:
Employer
Plan members
State
Total contributions
Investment income:
Net appreciation in the fair value of investments
(realized and unrealized)
Interest
Dividends
Miscellaneous
Less investment expenses
Custodian fees
Net investment income
Total additions
Deductions:
Benefits paid
Refunds of contributions
Other operating expenses
Net increase
Net assets held in trust for pension
benefits, October 1, 2003
Net assets held in trust for pension
benefits, September 30, 2004
Total
Pension
Plans
$ 4,595,513
2,942,521
1,198,064
8,736,098
6,384,139
2,055,853
891,768
76,929
9,408,689
646,564
8,762,125
17,498,223
6,879,158
426,860
309,962
7,615,980
9,882,243
129,840,776
$ 139,723,019
The notes to the financial statements are an integral part of this statement
28
City of Boynton Beach, Florida
Notes to Financial Statements
September 30, 2004
1. Significant Accounting Policies
Reporting Entity
The City of Boynton Beach (the City) is a Florida municipality established in 1920 by the Laws of Florida, Section
24398, pursuant to the authority provided in Chapter 165, Florida Statutes, and is governed by an elected five
member Commission. It provides a full range of municipal services including public safety, planning and zoning,
sanitation, highways and streets, recreation and park facilities, public improvements, water and sewer service,
and general administration functions.
Under governmental accounting and financial reporting standards, the City's reporting entity consists of the
primary government, organizations for which the primary government is financially accountable, and other
organizations for which the nature and significance of their relationship with the primary government are such that
exclusion would cause the City's financial statements to be misleading or incomplete. The primary government is
considered financially accountable if it appoints a voting majority of an organization's governing body and imposes
its will on that organization. The primary government may also be financially accountable if an organization is
fiscally dependent on the primary government regardless of the authority of the organization's governing board.
Legally separate organizations outside of the primary government which meet the criteria for financial
accountability are considered component units of the reporting entity.
Discretely Presented Component Unit. The Boynton Beach Community Redevelopment Agency (CRA) was
established under the authority of Florida Statute Chapter 163, Part III and City Ordinance number 90-21 to
finance and develop certain targeted areas in the City. Because the Mayor and City Commissioners appoint the
governing board of this entity, approve its budget and guarantee its debt, the City is considered financially
accountable for the CRA. The CRA has a September 30 year-end and is presented as a governmental fund type.
The governing board of the CRA is a separate slate of members appointed by the City Commission. Accordingly,
the CRA meets the criteria for discrete presentation. The CRA issues separate financial statements that can be
obtained at their administrative offices, 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435.
The South Central Regional Wastewater Treatment and Disposal Board (the Board) is a dependent special
district created by the Cities of Boynton Beach and Delray Beach to operate a regional wastewater treatment
facility. The Board's governing body is comprised of the City Commissions of Boynton Beach and Delray Beach,
and control and oversight are exercised equally by both cities. The Board has been reported as a joint venture
using the equity method of accounting as discussed in Note 3.
Government-Wide and Fund Financial Statements
The government-wide financial statements (Le., the statement of net assets and the statement of activities) report
information on all of the nonfiduciary activities of the City and its component unit. For the most part, the effect of
interfund activity has been removed from these statements. Governmental activities, which normally are
supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which
rely to a significant extent on fees and charges for support.
The statement of activities demonstrates the degree to which the direct expenses of a given function or segment
are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or
segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit
from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that
are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and
other items not properly included among program revenues are reported instead as general revenues.
Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even
though the tatter are excluded from the government-wide financial statements. Major individual governmental
funds and major individual enterprise funds are reported as separate columns in the fund financial statements.
29
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
1. Significant Accounting Policies (continued)
Measurement Focus, Basis of Accounting and Financial Statement Presentation
The government-wide financial statements are reported using the economic resources measurement focus and
the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues
are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of
related cash flows. Property taxes are recognized as revenues in th~ year for which they are levied. Grants and
similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been
met.
Governmental fund financial statements are reported using the current financial resources measurement focus
and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable
and available. Revenues are considered to be available when they are collectible within the current period or
soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be
available if collected within 60 days of the end of the current fiscal year, except for grant revenue, which is
recorded when the related expenditure/expenses are incurred. Expenditures generally are recorded when a
liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures
related to compensated absences and claims and judgements, are recorded only when payment is due.
Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered
to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the
portion of the special assessment receivable due within the current fiscal period is considered to be susceptible to
accrual as revenue of the current fiscal period. All other revenue items are considered to be measurable and
available only when cash is received by the City.
The City reports the following major governmental funds:
The aeneraJ fund is the City's primary operating fund. It accounts for all financial resources of the general
government, except those required to be accounted for in another fund.
The capital improvements fund accounts for construction projects related to major improvements to general city
buildings, land for new parks and improvements to streets and sidewalks.
The City reports the following major proprietary funds:
The water and sewer fund accounts for the activities related to providing water, wastewater and stormwater
services to the public.
The sanitation fund accounts for the activities related to providing trash collection and disposal services to the
public.
Additionally, the City reports the following fund types:
Internal service funds account for the activities related to providing fleet services, risk management, and
warehouse services to other departments of the City.
Pension trust funds account for the activities of the pension funds which accumulate resources for pension
benefit payments to city employees.
30
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
1. Significant Accounting Policies (continued)
Measurement Focus, Basis of Accounting and Financial Statement Presentation (continued)
The City maintains its accounting records in accordance with the principles and policies applicable to
governmental units set forth by the Governmental Accounting Standards Board (GASB) as well as accounting
principles promulgated by the American Institute of Certified Public Accountants and the Financial Accounting
Standards Board (FASB), which collectively comprise accounting principles generally accepted in the United
States of America (GAAP) applicable to governments. The proprietary funds do not apply FASB statements and
interpretations issued after November 30, 1989.
As a general rule the effect of interfund activity has been eliminated from the government-wide financial
statements. Exceptions to this general rule are payment-in-lieu of taxes where the amounts are reasonably
equivalent in value to the interfund services provided and other charges between the City's water and sewer
function and various other functions of the government. Elimination of these charges would distort the direct
costs and program revenues reported for the various functions concerned.
Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or
privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including
special assessments. Internally dedicated resources are reported as general revenues rather than as program
revenues. Likewise, general revenues include all taxes.
Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues
and expenses generally result from providing services and producing and delivering goods in connection with a
proprietary fund's principal ongoing operations. The principal operating revenues of the water and sewer,
sanitation, and other enterprise funds, and of the City's internal service funds are charges to customers for sales
and services. Operating expenses for enterprise funds and internal service funds include the cost of sales and
services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting
this definition are reported as nonoperating revenues and expenses.
When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted
resources first, then unrestricted resources as they are needed.
Cash and Cash Equivalents
Cash and cash equivalents consists of cash on hand and demand deposits with financial institutions and pooled
investments with the Florida Municipal Investment Trust, which is administered by the Florida League of Cities,
and the Local Government Surplus Funds Trust Fund, which is administered by the State Board of Administration
(SBA). Cash balances and requirements of all funds are considered in determining the amount to be invested.
Interest earned on pooled cash and investments is allocated to funds based on their average daily cash balances.
All deposits with financial institutions were entirely covered by a combination of federal depository insurance and a
collateral pool pledged to the State Treasurer of Florida by financial institutions which comply with the
requirements of Florida Statutes and have been designated as a qualified public depository by the State
Treasurer. Qualified public depositories are required to pledge collateral to the State Treasurer with a fair value
equal to a percentage of the average daily balance of all government deposits in excess of any federal deposit
insurance. In the event of a default by a qualified public depository, all claims for government deposits would be
satisfied by the State Treasurer from the proceeds of federal deposit insurance, pledged collateral of the public
depository in default and, if necessary, a pro rata assessment to the other qualified public depositories in the
collateral pool. Accordingly, all deposits with financial institutions are considered fully insured in accordance with
the provisions of GASB Statement NO.3.
31
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
1. Significant Accounting Policies (continued)
Cash and Cash Equivalents (continued)
The Florida Municipal Investment Trust (the "Trust") is an external investment pool established in 1993 and
administered by the Florida League of Cities, Inc. pursuant to the laws of the State of Florida. The Trust is
exempt from registration under the Securities Act of 1933, the Investment Company Act of 1940 and the Florida
Securities and Investors Protection Act. Participants in the Trust are limited to governmental entities in the State
of Florida. The Trust operates four portfolios with differing investment goals. The City invests in the Short Term
and Intermediate Term Bond Portfolios designed to provide an investment horizon and yield greater than that of
money market instruments. The Trust has adopted GASB Statement No. 31 and the fair value of the City's
position in the Trust is the same as the fair value of the Trust shares. The investment in the pool is not
evidenced by securities that exist in physical or book entry form and, accordingly, the investment is not
categorized in accordance with the provisions of GASB Statement NO.3
The Local Government Surplus Funds Trust Fund consists of equity in an external investment pool administered
by the State of Florida pursuant to statutory requirements and operated in a manner consistent with Securities
and Exchange Commission (SEC) Rule 2a7 of the Investment Company Act of 1940. Rule 2a7 allows SEC
registered mutual funds to use amortized cost rather than fair value to report net assets used to compute share
prices if certain conditions are met. Those conditions include restrictions on the types of investments held,
restrictions on the term-to-maturity of individual investments and the dollar-weighted average of the portfolio,
requirements for portfolio diversification, requirements for divestiture considerations in the event of security
downgrades and defaults, and required actions if the fair value of the portfolio deviates from amortized cost by a
specific amount. The City's investment in the fund is not evidenced by securities that exist in physical or book
entry form. Accordingly, these investments are not categorized in accordance with the provisions of GASB
Statement NO.3.
For purposes of the statement of cash flows, the City considers all highly liquid investments (including restricted
assets) with an original maturity of three months or less to be cash equivalents.
Investments
For all funds except the pension trust funds, investments consist of U.S. Government securities and time
deposits. Investments of the pension trust funds consist of money market funds, mutual funds, U.S. Government
securities, corporate bonds, and common and preferred stocks. City and Pension Trust Fund investment policies
do not allow investments in derivatives. All investments are reported at fair value based on quoted market prices.
Purchases and sales of investments are recorded on the trade dates. Net realized gains and losses on sales of
investments are reflected in current operating results as investment earnings. The calculation of realized gains
and losses is separate from the calculation of the net change in the fair value of investments. Realized gains and
losses on investments held at the end of the prior year and sold during the current year includes the change in
fair value from the beginning of the year to the date sold.
Prepaid Items
Expenditures/expenses for insurance premiums and other administrative expenses extending over more than
one accounting period are accounted for as prepaid items and allocated between accounting periods.
Inventories
Inventories are valued at average cost which approximates market. Inventories are accounted for using the
consumption method, whereby inventories are recorded as expenditures in the period when used.
32
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
1. Significant Accounting Policies (continued)
Capital Assets
Capital assets, which include property, plant, equipment, and infrastructure assets are reported in the applicable
governmental or business-type activities columns in the government-wide financial statements. Capital assets
are defined by the City as assets with an initial, individual cost of more than $750 and an estimated useful life in
excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or
constructed. Donated capital assets are recorded at estimated fair market value at the date of donation.
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset
lives are not capitalized.
The assets of the proprietary funds are stated at cost or, if donated, fair market value at the date of donation.
Expenditures which materially extend the useful life of existing properties are capitalized. All costs relating to the
construction of facilities are capitalized including salaries, employee benefits, and interest costs.
Depreciation on capital assets is computed using the straight-line method over the estimated useful lives of the
related assets which are:
Equipment
Buildings and other improvements
Water/sewer system
Infrastructure
5-12 years
10-40 years
15-50 years
15-50 years
Infrastructure assets of the governmental activities acquired since October 1, 2002 are reported in the
government-wide financial statements. Under GASB Statement No. 34, infrastructure assets of the
governmental activities acquired prior to October 1, 2002 are required to be reported. As permitted by GASB
34, implementation of this provision has been deferred until a future year, but must be completed by the City's
fiscal year ending September 30, 2007. Governmental activities infrastructure assets include roads, bridges,
streets and sidewalks, curbs and gutters, lighting systems and similar assets that are immovable and of value
only to the City. The City has historically reported business-type activities infrastructure assets in a manner
consistent with the requirements of GASB Statement No. 34.
Compensated Absences
It is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits in
varying amounts based on length of service. Upon termination, employees are paid accumulated vacation at full
rates. Upon termination, employees will be compensated up to a maximum of 50% of accumulated sick leave,
depending on hire date and length of service. Compensated absences are accrued when incurred in the
government-wide and proprietary fund financial statements. A liability for these amounts is reported in the
governmentat funds only if they have matured, for example, as a result of employee resignations and
retirements.
33
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
1. Significant Accounting Policies (continued)
Long-Term Obligations
In the government-wide financial statements, and proprietary fund types in the fund financial statements, long-
term debt and other long-term obligations are reported as liabilities in the applicable governmental activities,
business-type activities, or proprietary fund type statement of net assets. Bond premiums and discounts, as well
as issuance costs, are deferred and amortized over the life of the bonds using the effective interest method.
Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported
as deferred charges and amortized over the term of the related debt.
In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as
bond issuance costs, during the current period. The face amount of debt issued is reported as other financing
sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt
are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds
received, are reported as debt service expenditures.
On-behalf Payments
The City receives on-behalf payments from the State of Florida to be used for Police Officers and Firefighters
pension benefits. Such payments are recorded as intergovernmental revenue and public safety expenditures in
the GAAP basis government-wide and General Fund financial statements, but are not budgeted and therefore are
not included in the General Fund budgetary comparison schedule. On-behalf payments to the City totaled
$1,198,064 for the fiscal year ended September 30,2004.
Net Assets
Equity in the government-wide statement of net assets is displayed in three categories: 1) invested in capital
assets net of related debt, 2) restricted, 3) unrestricted. Net assets invested in capital assets net of related debt
consist of capital assets reduced by accumulated depreciation and by any outstanding debt incurred to acquire,
construct, or improve those assets. Net assets are reported as restricted when there are legal limitations
imposed on their use by City legislation or external restrictions by other governments. creditors, or grantors.
Unrestricted net assets consist of all net assets that do not meet the definition of either of the other two
components.
Fund Equity
In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not
available for appropriation or are legally restricted by outside parties for use for a specific purpose. Unreserved
fund balance amounts that are reported as designations of fund balances represent tentative plans for financial
resource utilization in a future period. The following is a description of the reserves and designations used by the
City:
Reserved for Prepaid Items-An account used to segregate a portion of fund balance to indicate that prepaid
items do not represent available, expendable resources even though they are a component of assets.
Reserved for Inventories-An account used to segregate a portion of fund balance to indicate that inventories do
not represent available, expendable resources even though they are a component of assets.
34
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
1. Significant Accounting Policies (continued)
Fund Equity (continued)
Designated for Specific Purposes and Projects-Represents a designation of resources to be used for specific
purposes and to provide for the completion of capital and other projects.
Designated for Subsequent Year's Expenditures-Represents appropriation of resources for future operations.
Designated for Emergency-An account used to segregate the portion of fund balance that is designated for City
emergency.
Designated for Debt Service-An account used to segregate the portion of fund balance that is segregated for
the payment of debt service on the City's outstanding debt.
Restricted Net Assets
Net assets of the enterprise funds are restricted for the following:
Capital Improvements-Net assets of the Water and Sewer Fund reserved for renewal and replacement
represent the excess of restricted assets required for renewal and replacement over the related liabilities payable
from restricted assets.
Revenue Bond Covenants-Net assets of the Water and Sewer Fund reserved for revenue bond debt service
represent the excess of restricted assets required for debt service under bond covenants over the related
liabilities payable from restricted assets.
Revenue Recognition
Ad Valorem Taxes-Ad valorem taxes are assessed as of January 1 and levied the following October. They are
due March 31 and become delinquent on April 1. Delinquent tax certificates are sold on June 1 and become a lien
on the property. These taxes are collected by Palm Beach County and remitted to the City. Revenue is recognized
at the time monies are received from Palm Beach County. At September 30, unpaid delinquent taxes are
recorded as a receivable and offset by an allowance for estimated uncollectibility.
Other material revenue which is susceptible to accrual includes utilities taxes, franchise taxes, interest income,
state revenue sharing and garbage/trash collection income. Revenue which is not both available and measurable
and is thus not susceptible to accrual includes fines and forfeitures and occupational licenses. Revenues
received in advance of the fiscal year to which they apply are presented as unearned revenues on the balance
sheet.
Grants
Reimbursement-type grants are recorded as intergovernmental receivables and revenue when the related eligible
expenditures/expenses are incurred and the grant conditions for reimbursement are met.
Amortization
For proprietary fund types, bond discounts and premiums are amortized using the interest method. Deferred
issuance costs are amortized using the straight-line method over the term of the respective debt issues, which
approximates the interest method. Losses resulting from the refinancing of proprietary fund debt are deferred
and amortized over the remaining life of the old debt or life of the new debt, whichever is shorter.
35
I"UL'G~ LV I IIIG.."",.al "'La"'GIII'GJlL~ \,""VIILIIIU""'I
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
1. Significant Accounting Policies (continued)
Interfund Transactions
Transactions between funds during the year consisted of loans, services provided, reimbursements or transfers.
Loans are reported in the fund financial statments as Due from Other Funds and Due to Other Funds as appropriate
and are subject to elimination in the government-wide financial statements. Services, deemed to be reasonably
equivalent in value, are treated as revenue and expenditures/expenses. Reimbursements are when one fund incurs
a cost, charges the appropriate benefiting fund and reduces its related cost as a reimbursement. All other interfund
transactions are presented as transfers. Transfers within the governmental and business-type activities are
eliminated in the government-wide financial statements.
2. Stewardship, Compliance, and Accountability
Concentration of Credit Risk
The City performs ongoing credit evaluations of its customers and generally does not require collateral, except for
customer deposits in the City's Water and Sewer Fund. The City maintains an allowance for doubtful accounts at a
level which management believes is sufficient to cover potential credit losses. Generally the allowance includes
accounts over 90 days past due. Accounts receivable are written off on an individual basis in the year the City
deems them uncollectible.
Use of Estimates
Management uses estimates and assumptions in preparing financial statements in accordance with U.S. generally
accepted accounting principles. Those estimates and assumptions affect the reported amounts of assets and
liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenditures. Actual
results could vary from the estimates that were used.
Budgets and the Budgeting Process
The City follows these procedures in establishing the budgetary data reflected in the financial statements:
1. Prior to July 15, the City Manager submits to the City Commission a tentative budget for consideration
and approval. The budget, which is prepared by fund, function and activity, is made available to the public
at this time.
2. Informal budget workshops are held by the City Commission to review the proposed budget and to obtain
public comment.
3. The City advises the Palm Beach County Tax Collector of the proposed millage rate, the rolled-back
millage rate, and the day, time and place of the public hearing for budget acceptance.
4. The public hearing is held to obtain final taxpayer input and to adopt the final budget.
5. The budget and related millage rates are legally enacted through passage of an ordinance.
6. For budgetary purposes, current year encumbrances are treated as expenditures and any unencumbered
budgetary appropriations lapse at fiscal year end.
7. Changes or amendments to the total budgeted expenditures of the City or a department must be approved by
the City Commission. There were no amendments to total budgeted expenditures and other financing uses.
However, changes within a department which do not affect the total expenditures may be approved at the
.....-l___:_:....~__...:.._ 1____1 . - II
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Cash and Investments (continued)
Investments are reported in the government-wide and fiduciary financial statements as follows:
Pooled cash and investments
Investments
Restricted cash and cash equivalents
Fiduciary funds investments
Fiduciary funds cash and cash equivalents
$ 87,296,769
1,000,000
41,372,262
135,428,462
1,903,353
$267,000,846
Receivables
Receivables as of year end for the City's individual major funds and nonmajor funds in the aggregate, including
the applicable allowances for uncollectible accounts are as follows:
Nonmajor Nonmajor
Governmental Water & Proprietary
General Funds Sewer Sanitation Funds Total
Taxes $ 249,211 $ $ $ $ $ 249,211
Accounts 606,460 19,055 2,057,331 816,774 3,317 3,502,937
Due from other governments 1,273,284 1,060,301 100,000 630,000 75,000 3,138,585
Other 9,817 9,817
2,128,955 1,089,173 2,157,331 1,446,774 78,317 6,900,550
Less allowances for
uncollectible accounts (572,746) (294,966) (320,047) (1,187,759)
$ 1,556,209 $ 1,089,173 $ 1,862,365 $ 1,126,727 $ 78,317 $ 5,712,791
Due from other governments:
Due from Palm Beach County
Due from State of Florida
Due from U. S. Government
$ 698,287
2,111,327
328,971
$ 3,138,585
As a result of Hurricanes Frances and Jeanne, which hit the City prior to September 30, 2004, the City incurred
substantial costs to clean up debris from these hurricanes. A significant portion of these costs are eligible for
reimbursement from the state via pass-through funds from the Federal Emergency Manangement Agency
(FEMA). The estimated eligible costs incurred for debris removal and emergency response as of September 30,
2004, which include salaries and beneits, and payments to outside contractors totals approximately $1,320,000.
This amount is included as "Due from State of Florida". The City estimates an additional reimbursement of
$800,000 for those eligible costs incurred for debris removal, emergency response and buidling repairs
subsequent to September 30,2004. Total clean-up costs for both hurricanes were in excess of $2.5 million.
39
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Restricted Assets
In connection with the ordinances governing the issuance of its revenue bonds, the City is required to invest and
restrict certain amounts for bond requirements and capital improvements of the water and sewer system. The
City is also required to segregate and restrict certain amounts collected for customer deposits. The amounts
restricted at September 30, 2004 are summarized as follows:
Water &
Sewer Sanitation Total
Cash and cash equivalents:
Customer deposits $ 1,270,247 $ $ 1,270,247
Revenue bond covenants 16,924,675 16,924,675
Capital improvements 23,141,761 23,141,761
Federal requirements - landfill escrow 35,579 35,579
$ 41,336,683 $ 35,579 $ 41,372,262
Investment in Regional Wastewater Treatment Plant
In 1974, the City joined with the City of Delray Beach to form the Board, a dependent special district. The Board,
which is governed by a body composed of the commission members from each city, oversees the operation of
the Regional Wastewater Treatment Plant which services both cities and surrounding areas. The interlocal
agreement between the City and the City of Delray Beach specifies that the Board has the authority to accept and
disburse funds, transact business and enter into contracts for budgeted items. In addition, the Board has the
authority, subject to approval by a majority vote of each City Commission before becoming effective, to adopt an
annual budget, establish rates and charges for operations, maintenance, expansions and construction, enter into
contracts for nonbudgeted items and authorize the return of any surplus funds or levy additional charges for
deficits of the Board to the respective cities. No debt has been authorized or issued by the Board.
Ownership of the Regional Wastewater Treatment Plant is vested proportionately with the cities in accordance
with the capital investments of each city, which to date are approximately 50% each. The Board charges each city
for its share of the Board's operating expenses based on the percentage flow of wastewater from each city. For
the year ended September 30, 2004, the City accounted for approximately 50% of the total wastewater flow
treated by the Board, and approximately 50% of the Board's operating expenses were billed to the City. Each
individual city is responsible for setting the rates and collecting charges for wastewater disposal from customers
within its jurisdiction.
The City accounts for its investment in the Board as a joint venture recorded on the equity method of accounting.
At September 30,2004, the City's 50% equity interest in the net assets of the Board totaled $16,678,201, and has
been included in the City's Water and Sewer enterprise fund balance sheet as Investment in Joint Venture.
Separate financial statements of the Board can be obtained by contacting the South Central Regional
Wastewater Treatment and Disposal Board, 1801 North Congress Avenue, Delray Beach, FL 33445.
40
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Investment in Regional Wastewater Treatment Plant (continued)
Financial information relating to the Board as of and for the year ended September 30,2004 is as follows:
Net Assets
Current and other assets
Capital assets, net
Total assets
Charges for services
Capital grants and contributions
Total program revenues
$ 2,641,517
32,198,814
34,840,331
1,389,631
94,298
1,483,929
$ 33,356,402
$ 5,524,373
634,613
6,158,986
6,349,553
(190,567)
32,968
(3,490,672)
(3,648,271 )
37,004,673
$ 33,356,402
Current liabilities
Noncurrent liabilities
Total liabilities
Net assets
Change In Net Assets
Program expenses
Net program revenues (expenses)
General revenues
Transfers
Change in net assets
Net assets, October 1, 2003
Net assets, September 30, 2004
Capital Assets
Capital asset activity for the year ended September 30, 2004 was as follows:
Beginning Reclassi- Ending
Balance fications Additions Deletions Balance
Governmental activities:
Non-depreciable assets:
Land $ 5,534,256 $ $ 7,757,766 $ $ 13,292,022
Construction in progress 1,772,725 548,200 2,320,925
Total non-depreciable assets 7,306,981 8,305,966 15,612,947
Depreciable assets:
Buildings and improvements 41,381,625 1,628,760 43,010,385
Machinery, equipment and vehicles 30,962,274 2,412,869 (1,079,173) 32,295,970
Infrastructure 2,396,970 304,523 2,701,493
Total depreciable assets 74,740,869 4,346,152 (1,079,173) 78,007,848
Less accumulated depreciation:
Buildings and improvements (27,932,681 ) (1,686,597) (29,619,278)
Machinery, equipment and vehicles (17,610,320) (3,714,188) 652,010 (20,672,498)
Infrastructure (805,975) (223,092) (1,029,067)
Total accumulated depreciation (46,348,976) (5,623,877) 652,010 (51,320,843)
Total depreciable assets, net 28,391,893 (1,277,725) (427,163) 26,687,005
Governmental activities capital assets, net $ 35,698,874 $ - $ 7,028,241 $ (427,163) $ 42,299,952
41
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Capital Assets (continued)
Beginning
Balance
Reclassi-
fications
Additions
Deletions
Ending
Balance
Business-type activities:
Non-depreciable assets:
Land $ 4,159,355 $ $ $ $ 4,159,355
Construction in progress 2,874,261 (7,601,636) 9,040,518 4,313,143
Total non-depreciable assets 7,033,616 (7,601,636) 9,040,518 8,472,498
Depreciable assets:
Buildings and improvements 66,641,510 1,460,153 68,101,663
Utility lines 80,385,265 4,842,316 2,765,808 87,993,389
Wells 11,124,812 928,826 12,053,638
Golf course improvements 2,128,279 260,024 42,272 2,430,575
Machinery, equipment and vehicles 21,401,070 1,570,470 861,592 (275,009) 23,558,123
Total depreciable assets 181,680,936 7,601,636 5,129,825 (275,009) 194,137,388
Less accumulated depreciation:
Buildings and improvements (12,708,547) (1,460,579) (14,169,126)
Utility lines (35,053,675) (3,146,692) (38,200,367)
Wells (3,357,090) (1,062,508) (4,419,598)
Golf course improvements (1,844,811) (46,850) (1,891,661 )
Machinery, equipment and vehicles (15,694,128) (1,049,758) 222,354 (16,521,532)
Total accumulated depreciation (68,658,251) (6,766,387) 222,354 (75,202,284)
Total depreciable assets, net 113,022,685 7,601,636 (1,636,562) (52,655) 118,935,104
Business-type activities capital
assets, net $ 120,056,301 $ - $ 7,403,956 $ (52,655) $ 127,407,602
Depreciation expense was charged to programs/functions as follows:
Governmental activities:
General government
Public safety
Public works
Culture and recreation
Economic environment
Capital assets of the City's internal service funds are
charged to functions based on their usage of the assets
Total depreciation - governmental activities
$ 2,536,228
203,982
58,695
631 ,428
1,224
2,192,320
$ 5,623,877
$ 6,503,230
211,196
49,973
1,988
$ 6,766,387
Business-type activities:
Water and sewer
Recreational facilities
Sanitation
Mass transit
Total depreciation - business-type activities
42
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Interfund Receivables and Payables
Interfund receivable and payable balances at September 30,2004 are summarized as follows:
General Fund
Special Revenue Funds
Grants Fund
Fiduciary Funds
General Employees' Pension Fund
Internal service funds:
Vehicle Service Fund
Warehouse Fund
Interfund Interfund
Receivables Payables
$ 1,111,613 $
883,356
228,257
645,121
645,121
$ 1,756,734 $ 1,756,734
The outstanding balances between funds result mainly from the time lag between the dates that interfund
goods and services are provided or reimbursable expenditures occur and payments between funds are made.
Interfund Transfers
Transfers In
Nonmajor Nonmajor
Capital Governmental Water and Proprietary Internal
Transfers Out General Improvement Funds Sewer Sanitation Funds Service Funds Total
General Fund $ $ $ 27,145 $ $ $ $ 895,000 $ 922,145
Capital Improvement Fund 44,289 44,289
Nonmajor Governmental Funds 935,000 13,667,553 407,864 186,120 170,140 54,179 15.420,856
Water and Sewer Fund 2,781,800 1,245,000 4,026,800
Sanitation Fund 550.000 101,108 215,000 866,108
Nonmajor Proprietary Funds 40,000 7,260 85,000 132,260
$ 4,306,800 $ 13,667,553 $ 479,298 $ 287,228 $ 7,260 $ 170,140 $ 2,494,179 $ 21,412,458
Transfers are used to 1) pay the administrative fee charged to the various enterprise funds by the general fund,
2) fund the internal service funds in excess of the expense for the current period, and 3) move fund revenues to
finance various programs that the government must account for in other funds in accordance with budgetary
authorizations, including amounts provided as subsidies or matching funds for various grant programs.
Long-Term Debt
Governmental activities:
Promissory note
Public service tax refunding revenue bonds, Series 1993
Public service tax refunding revenue bonds, Series 2004
Unamortized bond premiums
Unamortized loss on bond refinancing
Total bonds payable
Compensated absences
Insurance claims payable
Beginning Ending Due Within
Balance Additions Reductions Balance One Year
$ 3,033,354 $ $ (936,200) $ 2,097,154 $ 889,790
9.450,000 (9,450,000)
17,540,000 17,540,000 620,000
832,794 (23.133) 809,661
(190,390) 11,333 (179,057)
12,483,354 18,182.404 (10,398,000) 20.267,758 1,509,790
4,071,541 3,212,707 (3,029,788) 4,254.460 553,080
2,588.087 807,515 (881,936) 2.513,666 1,076,317
$ 19,142,982 $ 22,202,626 $(14,309,724) $ 27,035,884 $ 3,139,187
43
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
Compensated absences are typically liquidated in the General Fund. Insurance claims liabilities have typically
been liquidated in the Self-Insurance Internal Service Fund. The Self-Insurance Internal Service Fund
predominately serves the governmental funds. Therefore, the long-term liabilities of the fund are included in the
governmental activities.
Promissory Note - On September 15, 2000 the City obtained a promissory note in the amount of $4,986,434 to
refund General Obligation Refunding Bonds, Series 1992. The promissory note is outstanding at September 30,
2004 in the amount of $2,097,154 and bears interest at a rate of 5.10% per annum through maturity on
September 15, 2010. The general obligation note is payable semi-annually from ad valorem taxes.
The debt service requirements of the City's promissory note are as follows:
Fiscal Year Ending
September 30 Principal Interest Total
2005 889,790 94,663 984,453
2006 500, 11 3 51,178 551,291
2007 191,528 33,715 225,243
2008 199,998 23,773 223,771
2009 208,272 13,531 221,803
2010 107,453 2,740 110,193
$ 2,097,154 $ 219,600 $ 2,316,754
The City's legal debt limit on general obligations, based on 10% of total assessed value of real property,
amounted to $413,552,000 at September 30,2004.
Public Service Tax Refundina Revenue Bonds. Series 2004 - On April 29, 2004, the City issued $17,540,000 of
Public Service Tax Refunding Revenue Bonds, Series 2004 for the purpose of advance refunding the
outstanding Public Service Tax Refunding Revenue Bonds, Series 1993 in the amount of $7,985,000. A portion
of the proceeds of the Series 2004 Bonds was used to pay the City's portion of the costs and expenses of
issuing the Series 2004 Bonds and a portion of the proceeds will be used to fund various capital improvement
projects as may be approved by the City Commission from time to time. The Series 2004 Bonds were issued at
interest rates ranging from 2.00% to 4.20%. Annual principal payments on these bonds commence on
November 1, 2004, with the last payment due on November 1, 2018. The principal and interest on the revenue
bonds are payable from public service tax revenues.
The reacquisition price of the new bonds exceeded the net carrying amount of the old debt by $190,390. This
amount is being netted against the new debt and amortized over the remaining life of the refunded debt, which is
shorter than the life of the new debt issued. The advance refunding was completed in order to reduce the City's
total debt service payments over the life of the bonds by $692,582 and to obtain an economic gain (difference
between the present value of the old debt and the new debt service payments) of $412,980.
44
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
The debt service requirements of the City's Series 2004 public service tax refunding revenue bonds are as
follows:
Fiscal Year
Ending
September 30 Principal Interest Total
2005 $ 620,000 $ 684,323 $ 1,304,323
2006 1,105,000 659,114 1,764,114
2007 1,130,000 632,620 1,762,620
2008 1,155,000 608,326 1,763,326
2009 1,185,000 579,039 1,764,039
2010-2014 5,725,000 2,278,600 8,003,600
2015-2019 6,620,000 828,603 7,448,603
$ 17,540.000 $ 6,270,625 $23.810.625
Business-type activities:
Beginning Ending Due Within
Balance Additions Reductions Balance One Year
Water and sewer utility
revenue bonds:
Series 1996 $ 20,590,000 $ $ (1,330,000) $ 19,260,000 $ 1,640,000
Series 2002 24,400,000 (85,000) 24,315,000 90,000
Unamortized bond discount (331,976) 55,575 (276,401 )
Unamortized bond premium 552,399 (40,778) 511,621
Unamortized loss on
bond refinancing (1,242,995) 72,761 (1,170,234)
Total bonds payable 43,967,428 (1,327,442) 42,639,986 1,730,000
Compensated absences 1,186,234 933,892 (725,965) 1,394,161 181,241
Other payables 773,611 (89,859) 683,752 35,579
$ 45,927,273 $ 933,892 $ (2,143,266) $ 44,717,899 $ 1 ,946,820
Compensated absences are typically liquidated in the Water and Sewer, Sanitation and Other Enterprise Funds.
Other payabJes include liabilities for landfill and postclosure care costs which are liquidated in the Sanitation
Enterprise Fund and the arbitrage rebate liability which is typically liquidated in the Water and Sewer Fund.
The Water and Sewer Utilitv Revenue Bonds. Series 1996 (Series 1996 Bonds) consist of $19,260,000 current
interest bonds maturing from 2005 through 2021. The Series 1996 Bonds are funded by the excess of user
charges and investment income over operating expenses, and bear interest at rates ranging from 4.600% to
5.625% per annum.
45
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
The debt service requirements of the City's Series 1996 Bonds are as follows:
Fiscal Year
Ending
September 30 Principal Interest Total
2005 $ 1,640,000 $ 983,858 $ 2,623,858
2006 1,725,000 900,553 2,625,553
2007 1,815,000 811 , 145 2,626,145
2008 1,900,000 715,462 2,615,462
2009 2,000,000 612,312 2,612,312
2010-2014 9,250,000 1,327,039 10,577,039
2015-2019 625,000 178,173 803,173
2020-2021 305,000 17,578 322,578
$ 19.260.000 $ 5.546.120 $24.806.120
The Water and Sewer Utilitv Revenue Refundina Bonds. Series 2002 (Series 2002 Bonds) consist of
$24,315,000 current interest bonds maturing from 2005 through 2021. The Series 2002 Bonds are funded by the
excess of user charges and investment income over operating expenses, and bear interest at rates ranging from
5.00% to 5.50% per annum.
The debt service requirements of the City's Series 2002 Bonds are as follows:
Fiscal Year
Ending
September 30
2005
2006
2007
2008
2009
2010-2014
2015-2019
2020-2021
Principal
$ 90,000
100,000
105,000
110,000
115,000
2,915,000
14,100,000
6.780,000
$ 24,315,000
Interest
$ 1,320,400
1,315,650
1,310,525
1 ,305,150
1,299,525
6,343,125
3,878,069
377,850
$ 17 ,150,294
Total
$ 1,410,400
1,415,650
1,415,525
1,415,150
1,414,525
9,258,125
17,978,069
7,157,850
$ 41 ,465,294
Bond Resolution 96-88 of the City requires that net operating revenue (as defined in the resolution) of the Water
and Sewer Fund be sufficient to provide an amount equal to 110% of the current fiscal year's principal and
interest requirements and 100% of all amounts required to meet the current year's reserve account deposit
requirements, and renewal and replacement fund requirements. The City was in compliance with this
requirement for the year ended September 30,2004.
46
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
Component unit activities:
Promissory note
Compensated absences payable
Beginning Ending Due Within
Balance Additions Reductions Balance One Year
$ 2,752,345 $ $ (135,968) $ 2,616,377 $ 145,708
7,262 7,206 14,468
$ 2,759.607 $ 7.206 $ (135.968) $ 2.630.845 $ 145,708
Promissorv Note - Resolution 01-01 dated September 11, 2001 of the CRA Board of Commissioners authorized
the issuance of a promissory note in the principal amount of $3,000,000 payable from tax increment revenues to
finance the cost of various community redevelopment projects. Resolution R01-261 dated September 19, 2001
of the Boynton Beach City Commission authorized the CRA to issue this note and authorized the City of Boynton
Beach to guaranty the obligations of the CRA under the note. The promissory note, payable semi-annually, is
outstanding at September 30, 2004 in the amount of $2,616,377 and bears interest at a rate of 6.56% per
annum.
The debt service requirements of the CRA's promissory note are as follows:
Fiscal Year
Ending
September 30 Principal Interest Total
2005 $ 145,708 $ 171,590 $ 317,298
2006 155,560 161,738 317,298
2007 166,079 151,219 317 ,298
2008 176,904 140,395 317,299
2009 189,270 128,028 317,298
2010-2014 1,156,235 430,257 1,586,492
2015-2016 626,621 55,214 681,835
$ 2,616.377 $ 1 .238.441 $ 3.854.818
Interest Expense
Total interest costs incurred and paid on all City debt for the year ended September 30,2004 totaled $3,006,009
and $2,983,489, respectively.
Defeased Bonds
The City defeased certain revenue bonds in prior years by placing the proceeds of new bonds in irrevocable trust
accounts to provide for all future debt service payments on the old bonds. Accordingly, the trust account assets
and the liability for the defeased bonds are not included in the City's financial statements. At September 30,
2004, the principal outstanding but considered extinguished under these funding arrangements is as follows:
Utilities System Revenue, Series 1975B
Utilities System Revenue, Series 1990
Utilities System Revenue, Series 1992
Public Service Tax Revenue, Series 1993
$ 370,000
8,151,797
47,000,000
7,985,000
$ 63.506.797
47
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
Conduit Debt Obligation
In December 2002, the City issued $12,320,000 in Multi-Family Housing Mortgage Revenue Bonds (the Bonds),
Series 2002 (Ctipper Cove Apartments). The Bonds are limited obligations of the City, issued for the principal
purpose of refunding the 1996 bonds which were issued for the purpose of refinancing a multi-family housing
development, Clipper Cove Apartments (the Project), and payable solely out of funds to be provided by C/HP
Cove, Inc., a Florida not-for-profit corporation whose sole asset is the Project and whose activities consist solely
of operating the Project. Neither the faith and credit nor the taxing power of the City was pledged for the payment
of the Bonds and the enforcement of payments on the Bonds may be made only against the Project.
Accordingly, such obligations are not included within the accompanying financial statements. The outstanding
balance on the Bonds at September 30,2004 was $12,320,000.
The Project issued a $12,320,000 promissory note to the City for the Bonds. The City assigned the promissory
note to an independent trustee for administration including all of the City's rights, title and interest in the note.
4. Other Information
Self-Insurance
The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors
and omissions; injuries to employees; natural disasters; and general and automotive liability. The City has a Self-
Insurance Fund (an Internal Service Fund) to account for future general liability, automotive liability and workers'
compensation claims, and property claims.
The liability for self-insurance claims is accrued in the Self-Insurance Fund as this will be the source of payment
of these claims. Insurance claim expense is recognized when it is probable that a loss has been incurred and the
amount of the loss can be reasonably estimated, and includes incurred-but-not-reported claims. The result of the
process to estimate the claims liability is not an exact amount as it depends on many complex factors, such as
inflation, changes in legal doctrines, and damage awards. Accordingly, claims are reevaluated periodically to
consider the effects of inflation, recent claim settlement trends (including frequency and amount of pay-outs), and
other economic and social factors. The estimate of the claims liability also includes amounts for incremental
claim adjustment expenses related to specific claims and other claim adjustment expenses regardless of whether
allocated to specific claims. Estimated recoveries, for example from salvage or subrogation, are another
component of the claims liability estimate.
For each of the past three years, there have been no settlements that have exceeded the City's insurance
coverage. The City carries excess coverage insurance policies as follows:
General liability
Automobile liability
Property
Workers compensation
Individual Claims
in Excess of
Per Person Per Occurance
$100,000 $200,000
$100,000 $200,000
$1,000 to $5,000
$350,000
Maximum
Coverage
$5 million
$2 million
$5 million
$5 million
48
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
4. Other Information (continued)
Self-Insurance (continued)
The City's liability for estimated insurance tosses represents the estimated ultimate cost of settling self-
insurance liability claims. The liability for estimated insurance losses was estimated by an outside actuary using
accepted actuarial methods. These methods consider case-basis reserves established by the City, the rate of
loss development on older claims, the effects of incurred-but-not-reported claims and the effects of inflation and
other economic factors to determine ultimate cost.
The City has recorded a liability for estimated insurance losses of $2,513,666. The liability falls within the
actuarially determined range, from an actuarial valuation for all claims based upon the date the loss was
incurred. Due to the long-term nature of many of these claims, the City considers anticipated investment income
in determining the net liability for estimated insurance losses by discounting claims to the estimated present
value. At September 30, 2004, the recorded liability for estimated insurance losses of $2,513,666 is based on
gross claims of $2,668,785 discounted at an assumed rate of return on investments of 3.0%. The following
summarizes the liability for estimated insurance loss activity for the previous two years:
Beginning of
Fiscal Year
Claims
Expense
Claims
Paid
End of
Fiscal Year
2002-2003
2003-2004
$
3,638,022 $
2,588,087
128,500 $
807,515
(1,178,435) $
(881,936)
2,588,087
2,513,666
Landfill Closure Costs
The City owns property that was used prior to 1985 as a landfill. Final closure occurred during 1992 and the site
is now in the postclosure care phase. This postclosure care is mandated by state and federal laws and
regulations and consists of certain maintenance and monitoring functions at the landfill site for 20 years after its
closure. The outstanding liability for estimated postclosure care costs of $263,878 at September 30, 2004 is
recorded in the Sanitation Fund. The City maintains a landfill management escrow account as restricted cash to
fund estimated postclosure costs of the landfill. Sufficient funds are maintained in this interest-bearing escrow
account in order to fund the $35,579 estimated postclosure care costs to be incurred in the subsequent year.
Commitments and Contingencies
The City has various long-term contractual obligations for construction projects on which work has not been
completed. The approximate balances of these contracts and related commitments as of September 30, 2004
are as follows:
Capital Nonmajor Water and
Improvements Governmental Sewer
Fund Funds Fund Total
Total contract amount $ 580,267 $ 2,618,484 $ 7,185,770 $ 10,384,521
Interim payments on contracts 332,204 876,432 2,313,318 3,521,954
Remaining contractual
commitments, September 30,2004 $ 248.063 $ 1 ,742,052 $ 4,872.452 $ 6,862,567
The contractual commitments of the Water and Sewer Fund will be paid from the proceeds of the Water and
Sewer Utility Revenue Bonds, Series 1996 and other reserves. The contractual commitments of the Capital
Improvements Fund and Nonmajor Governmental Funds will be paid from various sources.
49
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
4. Other Information (continued)
Commitments and Contingencies (continued)
The City is the defendant in various lawsuits incurred in the normal course of operations, the ultimate outcomes
of which are not presently determinable. Management and the City's legal counsel believe that amounts not
covered by insurance, if any, resulting from these lawsuits would not materially affect the financial position of
the City.
Amounts received or receivable from grant agencies are subject to audit and adjustment by grantor agencies,
principally the federal and state government. Any disallowed claims, including amounts already collected, may
constitute a liability of the applicable funds. The amount, if any, of expenditures that may be disallowed by the
grantor cannot be determined at this time, although the City expects such amounts, if any, to be immaterial.
Defined Benefit Pension Plans
Description of Plans
The City contributes to three single-employer defined benefit pension plans covering all full-time City
employees.
The General Employees' Pension Fund covers all permanent full-time employees except those covered by the
police and firefighters pension plans. The benefit provisions and all requirements are established by City
Ordinance. Employees become vested after five years of service with the City. There is no mandatory
retirement age. Retirees begin receiving monthly annuity checks the month their retirement begins and
continues until death. Annuities to which retirees are entitled are equal to 3% of their final average monthly
compensation times years of credited service provided the employee has completed at least 30 full years of
credited service at any age; 25 or more years of credited service at age 55 or 5 or more years of credited
service at age 62. Employee contributions are 7% of monthly earnings. The City's contribution is determined
actuarially on an annual basis. For 2004 the annual required contribution was $1,542,574.
A separate stand-alone GAAP financial report is not prepared for the General Employees' Pension Fund and,
accordingly, a statement of net assets and statement of changes in net assets for the General Employees'
Pension Fund at September 30, 2004 and for the year then ended are presented as follows:
General Employees' Pension Fund
Statement of Net Assets
Assets
Cash and cash equivalents
Investments
U.S. government securities
Common stocks
Corporate bonds
Mortgage-backed securities
Mutual funds
Interest and dividends receivable
Other receivables
Total assets
liabilities
Accounts payable
Due to general fund
Total liabilities
$ 813,684
12,304,535
33,340,278
6,407,757
5,496,286
8,319,477
227,842
31,645
66,941,504
678,989
228,257
907,246
$ 66,034,258
Net assets
Net assets held in trust for pension benefits
50
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
4. Other Information (continued)
Defined Benefit Pension Plans - Description of Plans (continued)
General Employees' Pension Fund
Statement of Chanaes in Net Assets
Additions:
Contributions:
Employer
Plan members
Total contributions
$
1,542,574
1,571,877
3,114,451
Investment income:
Net appreciation in the fair value of
investments (realized and unrealized)
Interest
Dividends
Miscellaneous
2,683,604
1,175,350
526,633
29,856
4,415,443
Less investment expenses
Custodian fees
Net investment income
Total additions
246,085
4,169,358
7,283,809
Deductions:
Benefits paid
Refunds of contributions
Other operating expenses
2,840,067
385,531
105,071
3,330,669
3,953,140
Net increase
Net assets held in trust for pension
benefits, October 1, 2003
Net assets held in trust for pension
benefits, September 30, 2004
62,081,118
$
66,034,258
The Police Officers' Pension Fund covers all sworn police department employees. Employees are vested after
10 years of service with the City and are eligible for retirement after 20 years of service regardless of age.
Employees with 10 years of credited service may retire at or after age 50 and receive a reduced retirement
benefit. Monthly annuity checks begin the month an employee retires, and the amount of annuity to which the
retired employee will be entitled will be equal to the number of years of credited service multiplied by 3% of
average final compensation. Employee contributions are 7% of annuat compensation. The City's contribution is
determined actuarially on an annual basis and is reduced by the amount the City receives from the State of
Florida. The State of Florida's contributions are pursuant to Chapter 185 of the Florida Statutes which provides
for a premium tax on certain casualty insurance contracts written on properties within the City. The tax is
collected by the State of Florida and remitted to the City for the Police Officers' Pension Fund. For 2004 the
annual required contribution was $2,343,601.
51
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
4. Other Information (continued)
Defined Benefit Pension Plans - Description of Plans (continued)
The Firefighters' Pension Fund covers all firefighters and fire department officers. Employees become vested
after 10 years of service with the City and are eligible for retirement after 20 years regardless of age. Employees
with 10 years of credited service may retire at or after age 50 and receive a reduced retirement benefit. Monthly
annuity checks begin the month an employee retires, and the amount of the annuity to which the retired
employee will be entitled will be equal to the number of years of credited service multiplied by 3% of average
final compensation. Employee contributions are 7% of annual compensation. The City's contribution is
determined actuarially on an annual basis and is reduced by the amount the City receives from the State of
Florida. The State of Florida's contributions are pursuant to Chapter 175 of the Florida Statutes which provides
for a premium tax on certain casualty insurance contracts written on properties within the City. The tax is
collected by the State of Florida and remitted to the City for the Firefighters' Pension Fund. For 2004 the annual
required contribution was $1,655,219.
The benefit provisions and all other requirements of the Police Officers' Pension Fund and Firefighters' Pension
Fund are established by City Ordinance and are summarized as follows:
The funding methods and determination of benefits payable are provided in the various acts of the Florida
Legislature, which created the fund, including subsequent amendments thereto. The statutes provide, in general,
that funds are to be accumulated from employee contributions, City contributions, state appropriations and
income from investment of accumulated funds. The act also provides that, should the accumulated funds at any
time be insufficient to meet and pay the benefits due, the City shall supplement the fund by an appropriation
from current funds, or from any revenues which may lawfully be used for said purposes in an amount sufficient
to make up the deficiency. The investments of the funds are administered, managed and operated by their
respective Boards of Trustees.
The City's external auditors did not audit the financial statements of the Police Officers' and Firefighters' Pension
Funds, two fiduciary funds of the City. Other auditors were engaged, who audited stand-alone financial reports,
copies of which can be obtained from the pension boards by calling (561)742-6081 or by writing to Pension
Administrator, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435.
Basis of Accounting - The City's financial statements for the three pension funds are prepared using the accrual
basis of accounting. Employer and plan member contributions are recognized in the period the contributions are
due.
Method Used to Value Investments - Investments in the three plan funds are reported at fair value according to
the independent custodian for each plan using various third-party pricing sources.
52
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
4. Other Information (continued)
Defined Benefit Pension Plans - Description of Plans (continued)
Actuarial Methods and Significant Assumptions
General Police
Employees' Officers'
Pension Pension
Fund Fund
Valuation date
Actuarial cost method
Amortization method
10/1/2003
Entry age
Level percent of
payroll, closed
28
Four year
smoothed market
10/1/2003
Frozen entry age
Level percent of
payroll, closed
28
Five year
smoothed market
Remaining amortization period
Asset valuation method
Actuarial assumptions:
Investment rate of return
Projected salary increases
Inflation increase
8.0%
4.2%-7.8%
3.5%
8.5%
5.0%-6.5%
4.0%
Trend Data
Year ended
September 30
Contribution Requirements and Contributions Made
Annual Pension Percentage of
Cost (APC) APC Contributed
Firefighters'
Pension
Fund
10/1/2003
Entry age normal
Level percent of
payroll, closed
30
Five year
smoothed market
8.5%
6.5%
4.0%
Net Pension
Obligation (Asset)
General Employees' Pension Fund
$ 1,543,286 100.0% $ (7,875)
$ 1,040,690 99.9% $ (8,587)
$ 596,841 99.9% $ (9,377)
Police Officers' Pension Fund
$ 2,348,080 108.4% $ (284,839)
$ 1,933,248 100.9% $ (87,419)
$ 1,057,424 99.7% $ (69,576)
Firefighters' Pension Fund
$ 1,658,807 102.8% $ (124,300)
$ 1,360,466 104.5% $ (77,604)
$ 826,040 99.9% $ (15,826)
2004
2003
2002
2004
2003
2002
2004
2003
2002
53
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
4. Other Information (continued)
Defined Benefit Pension Plans - Trend Data (continued)
The annual pension cost and net pension asset for the Plans for the most recent valuations were as follows:
General Police
Employees' Officers' Firefighters'
Annual required contribution (ARC) $ 1,542,574 $ 2,343,601 $ 1,655,219
Interest on net pension obligation (NPO) (687) (7,431 ) (6,596)
Adjustment to ARC (1,399) (11,910) (10,184)
Annual pension costs (APC) 1,543,286 2,348,080 1,658,807
City/State contributions 1,542,574 2,545,500 1,705,503
Increase (decrease) in net pension assets (712) 197,420 46,696
Net pension assets, October 1, 2003 8,587 87,419 77 ,604
Net pension assets, September 30,2004 $ 7,875 $ 284,839 $ 124,300
Contributions Made
The City Commission determines the City and Employee contribution requirements for the Plans. In 2004 the
actual contributions made to the General Employees' Pension Fund, Police Officers' Pension Fund and
Firefighters' Pension Fund were $1,542,574; $2,545,500; and $1,705,503, respectively.
Postretirement Benefits
The City offers continuation of health and life insurance benefits to employees upon retirement. The full cost of
such benefits are paid by the retirees, and the City has no liability for postretirement benefits.
54
City of Boynton Beach, Florida
Required Supplementary Information
Schedules of Funding Progress
September 30, 2004
(In Thousands)
Actuarial
Valuation
Date
Actuarial
Value of
Assets
(a)
Actuarial
Accrued Unfunded
Liability (Assets in
(AAL)- Excess of ) Funded
(**) AAL Ratio
(b) (b-a) (a/b)
General Employees' Pension Fund
Covered
Payroll
(c)
Unfunded
(Assets in Excess)
AAL as a
Percentage of
Covered Payroll
[(b-a)/c]
10/1/2001 $ 62,194 $ 65,223 $ 3,029 95.4 $ 20,548 14.7%
1 0/1/2002 62,227 69,575 7,348 89.4 20,937 35.1
10/1/2003 62,499 75,848 13,349 82.4 21,995 60.7
Police Officers' Pension Fund
10/1/2001 $ 34,332 $ 37,716 $ 3,384 91.0 $ 6,555 51.6%
10/1/2002 32,133 40,604 8,471 79.1 7,382 114.8
10/1/2003 33,206 44,029 10,823 75.4 7,917 136.7
Firefighters' Pension Fund
10/1/2001 $ 33,398 $ 34,917 $ 1,519 95.6 $ 5,202 29.2%
10/1/2002 33,877 39,432 5,555 85.9 5,143 108.0
10/1/2003 34,694 42,432 7,738 81.8 6,079 127.3
** Actuarial cost methods used:
General Employees' Pension Fund Entry Age
Police Officers' Pension Funds Frozen Entry Age
Firefighters' Pension Funds Entry Age Normal
General Employees' Pension Fund
Schedule of Contributions from Employer
For the Last Three Years
September 30,2004
Year Ended
September 30,
Annual
Required
Contribution
Percentage
Contributed
2002
2003
2004
595,970
1,039,900
1,542,574
100.0
100.0
100.0
55
MAJOR CAPITAL PROJECTS FUND
BUDGETARY COMPARISON SCHEDULE
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Capital Improvement Fund
For the Year Ended September 30,2004
Major Capital Projects Fund
Variance With
Original and Final Budget
Final Positive
Budget Actual (Negative)
Revenues:
Interest $ 58,000 $ 1 50,403 $ 92,403
Total revenues 58,000 1 50,403 92,403
Expenditures:
Current:
General government 51,000 309,028 (258,028)
Public safety 17,500 15,772 1,728
Public works 16,735 (16,735)
Culture and recreation 557,044 196,922 360,122
Capital outlay:
General government 16,319,872 1,243,937 15,075,935
Public safety 58,000 2,880,904 (2,822,904)
Public works 568,000 329,423 238,577
Culture and recreation 9,099,384 3,949,782 5,149,602
26,670,800 8,942,503 17,728,297
Revenue over (under) expenditures (26,612,800) (8,792,100) 17,820,700
Other financing sources (uses):
Transfers in 4,471,000 13,667,553 9,196,553
Transfers out (44,289) (44,289)
Bond proceeds 19,016,000 (19,016,000)
23,487,000 13,623,264 (9,863,736)
Net change in fund balance $ (3,125,800) 4,831,164 $ 7,956,964
Fund balance, October 1, 2003 . 5,896,340
Fund balance, September 30, 2004 $ 10,727,504
56
NONMAJOR GOVERNMENTAL FUNDS
DEBT SERVICE FUNDS
Debt Service Funds are used to account for resources accumulated and payments made for
principal and interest on long-term debt of governmental funds.
Promissory Note Debt Service Fund - To account for the payment of principal and interest,
and fiscal charges on the City's general obligation note payable which is payable from ad
valorem taxes.
2004 Public Service Tax Debt Service Fund - To account for the payment of principal and
interest, and fiscal charges on the City's revenue bonds which are payable from non ad
valorem revenues.
CAPITAL PROJECTS FUNDS
Capital projects funds are used to account for the acquisition and construction of major
capital facilities other than those financed by proprietary funds and trust funds.
Fire Rescue Capital Improvement Fund - To fund construction of two new fire stations and
replacement of an existing station. Funded through a seven-year special assessment.
SPECIAL REVENUE FUNDS
Special revenue funds are used to account for specific revenues that are legally restricted to
expenditure for particular purposes.
Local Option Gas Tax Fund - To account for gas tax restricted for roadway program
expenditures.
Grants Fund - To account for all grants received by the City that includes: Community
Development Block Grant, Parks Development Grants and Law Enforcement Grants.
SHIP Fund - To account for revenues and expenses relative to the State's affordable housing
initiative program.
Community Improvements Fund - To account for revenues and expenses relative to the City's
low-income home improvements program.
Parks and Recreation Facilities Fund - To account for fees collected from developers to be
used by the City for acquisition or development of park and recreational land.
Recreation Program Fund - To account for revenues and expenses relative to all recreation
programs provided by the City.
Boynton Beach Memorial Park Fund - To account for revenues and expenses relative to the
City's two cemeteries.
Community Services Fund - To account for assets held in trust that are restricted for
designated purposes.
57
City of Boynton Beach, Florida
Combining Balance Sheet
Nonmajor Governmental Funds
September 30, 2004
Capital
Projects
Debt Service Funds Fund
2004 Fire Rescue
Promissory Public Capital
Note Service Tax Improvement
Assets
Pooled cash and investments $ 584,996 $ 863,886 $ 3,768,932
Accounts receivable 680
Due from other governments 138,580 14,462
Other receivables
Inventories
Total assets $ 584,996 $ 1,003,146 $ 3,783,394
Liabilities and Fund Balances
Liabilities:
Accounts payable $ $ $ 57,078
Accrued expenses 33,471
Due to other funds
Refundable deposits
Other payables 5,220
Unearned revenue
Total liabilities 95,769
Fund balances:
Reserved:
Inventories
Unreserved:
Designated for:
Specific purposes and projects 3,687,625
Subsequent year expenditures
Debt service 584,996 1,003,146
Undesignated (deficit)
Total fund balances 584,996 1,003,146 3,687,625
Total liabilities and fund balances $ 584,996 $ 1 ,003,146 $ 3,783,394
58
Special Revenue Funds
Boynton
Local Parks and Beach
Option Community Recreation Recreation Memorial Community
Gas Tax Grants SHIP Improvements Facilities Program Park Services Total
$ 858,606 $ $ 1,130,694 $ 551,059 $ 1,098,957 $ 158,085 $ 4,125,957 $ 1,287,282 $14,428,454
100 18,275 19,055
118,547 788,712 1,060,301
9,817 9,817
1,569 1,569
$ 977,153 $ 788,712 $ 1,130,694 $ 551,059 $ 1,098,957 $ 159,754 $ 4,154,049 $ 1,287 ,282 $15,519,196
$ $ 62,210 $ 130 $ 4,963 $ $ 12,608 $ 16,866 $ 16,995 $ 170,850
1,195 7,730 5,500 47,896
883,356 883,356
13,584 2,652 16,236
5,220
8,573 1,085,752 1,094,325
955,334 1,085,882 26,277 18,108 16,866 19,647 2,217,883
1,569 1,569
1,098,957 140,077 4,926,659
303,987 303,987
1,588,142
977,153 (166,622) 44,812 220,795 4,137,183 1,267,635 6,480,956
977,153 (166,622) 44,812 524,782 1,098,957 141,646 4,137,183 1,267,635 13,301,313
$ 977,153 $ 788,712 $ 1,130,694 $ 551,059 $ 1,098,957 $ 159,754 $ 4,154,049 $ 1 ,287 ,282 $15,519,196
59
City of Boynton Beach, Florida
Combining Statement of Revenues, Expenditures and Changes in Fund Balances
Nonmajor Governmental Funds
For the Year Ended September 30, 2004
Capital
Projects
Debt Service Funds Fund
2004 Fire Rescue
Promissory Public Capital
Note Service Tax Improvement
Revenues:
Taxes $ 1,226,989 $ 4,081,616 $
Intergovernmental
Charges for services
Special assessments 2,310,637
Fines and forfeitures
Interest 9,297 11 ,211 75,291
Donations
Miscellaneous
Total revenues 1,236,286 4,092,827 2,385,928
Expenditures:
Current:
General government 1,060 2,964
Public safety 1,592,382
Public works
Economic environment
Culture and recreation
Capital outlay:
General government
Public safety 1,778,582
Economic environment
Culture and recreation
Debt service:
Principal retirement 936,200 1,465,000
Interest expense 143,248 459,508
Bond issuance costs 280,697
Advanced refunding escrow 1,593,052
Total expenditures 1,080,508 3,801,221 3,370,964
Revenue over (under) expenditures 155,778 291,606 (985,036)
Other financing sources (uses):
Transfers in
Transfers out (12,850,000)
Refunding bonds issued 17,540,000
Refunding bonds premium 832,794
Payment to refunded bond escrow agent (6,582,337)
(1,059,543)
Net change in fund balances 155,778 (767,937) (985,036)
Fund balances (deficit), October 1, 2003 429,218 1,771,083 4,672,661
Fund balances (deficit), September 30,2004 $ 584,996 $ 1,003,146 $ 3,687,625
60
Special Revenue Funds
Boynton
Local Parks and Beach
Option Community Recreation Recreation Memorial Community
Gas Tax Grants SHIP Improvements Facilities Program Park Services Total
$ 1,310,646 $ $ $ $ $ $ $ $ 6,619,251
2,046,691 620,520 146,815 2,814,026
721,176 250,816 353,089 1,325,081
2,310,637
220,671 220,671
12,368 11 ,573 5,140 12,081 4,166 46,481 187,608
698,591 176,231 874,822
20,885 9,019 7,284 5,260 142 42,590
1,323,014 2,067,576 632,093 14,159 710,672 732,626 302,557 896,948 14,394,686
210,941 229,568 444,533
185,498 149,544 1,927,424
848 848
260,914 587,281 512,067 898 1,361,160
672,786 769,286 103,882 1,545,954
54,373 12,535 66,908
52,282 217,946 2,048,810
61,707 61.707
70,555 26,416 1,522 42,683 141,176
2,401,200
602,756
280,697
1.593,052
848 1,358.115 587,281 512,067 898 795,702 212,463 756.158 12,476,225
1.322,166 709,461 44,812 (497,908) 709,774 (63,076) 90,094 140,790 1,918,461
71,434 407,864 479,298
(1,124,663) (761,193) (600,000) (75,000) (10,000) ( 15,420,856)
17,540,000
832,794
(6,582,337)
(1,124,663) (689,759) 407,864 (600,000) (75,000) (10,000) (3,151,101)
197,503 19,702 44,812 (90,044) 109,774 (138,076) 80,094 140,790 (1,232,640)
779,650 (186,324) 614,826 989,183 279,722 4,057,089 1,126,845 14,533,953
$ 977,153 $ (166,622) $ 44,812 $ 524,782 $ 1 ,098,957 $ 141,646 $4.137,183 $ 1.267,635 $ 13.301.313
61
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Promissory Note Debt Service Fund
For the Year Ended September 30,2004
Variance With
Original and Final Budget
Final Positive
Budget Actual (Negative)
Revenues:
Taxes $ 1,187,744 $ 1,226,989 $ 39,245
Interest 5,500 9,297 3,797
Total revenues 1,193,244 1,236,286 43,042
Expenditures:
Current:
General government 1,561 1,060 501
Debt service:
Principal retirement 936,200 936,200
Interest and fiscal charges 143,120 143,248 ( 128)
1,080,881 1,080,508 373
Net change in fund balance $ 112,363 155,778 $ 43,415
Fund balance, October 1, 2003 429,218
Fund balance, September 30,2004 $ 584,996
62
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
2004 Public Service Tax Debt Service Fund
For the Year Ended September 30, 2004
Variance With
Original and Final Budget
Final Positive
Budget Actual (Negative)
Revenues:
Taxes $ 4,156,600 $ 4,081,616 $ (74,984)
Interest 15,000 11 ,211 (3,789)
Total revenue 4,171,600 4,092,827 (78,773)
Expenditures:
Current:
General government 2,059 2,964 (905)
Debt service:
Principal retirement 1,465,000 1,465,000
Interest expense 459,508 459,508
Bond issuance costs 280,697 (280,697)
Advanced refunding escrow 1,593,052 (1,593,052)
1,926,567 3,801,221 (1,874,654)
Revenues over expenditures 2,245,033 291,606 (1,953,427)
Other financing sources (uses):
Transfers out (2,445,033) (12,850,000) (10,404,967)
Refunding bonds issued 200,000 17,540,000 17,340,000
Refunding bonds premium 832,794 832,794
Payment to refunded bond escrow agent (6,582,337) (6,582,337)
(2,245,033) (1,059,543) 1,185,490
Net change in fund balance $ (767,937) $ (767,937)
Fund balance, October 1, 2003 1,771,083
Fund balance, September 30, 2004 $ 1,003,146
63
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Fire Rescue Capital Improvement Fund
For the Year Ended September 30,2004
Original and
Final
Budget
Actual
Variance With
Final Budget
Positive
(Negative)
Revenues:
Special assessments
Interest
Total revenues
$
2,603,675 $ 2,310,637 $
40,000 75,291
2,643,675 2,385,928
(293,038)
35,291
(257,747)
Expenditures:
Current:
Public safety
Capital outlay:
Public safety
1,691,079 1,592,382 98,697
5,982,596 1,778,582 4,204,014
7,673,675 3,370,964 4,302,711
(5,030,000) (985,036) 4,044,964
4,672,661
$ 3,687,625
Net change in fund balance
Fund balance, October 1, 2003
Fund balance, September 30, 2004
64
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Local Option Gas Tax Fund
For the Year Ended September 30,2004
Variance With
Original and Final Budget
Final Positive
Budget Actual (Negative)
Revenues:
Taxes $ 1,000,000 $ 1,310,646 $ 310,646
Interest 10,000 12,368 2,368
Total revenues 1,010,000 1,323,014 313,014
Expenditures:
Current:
Public works 848 848
Total expenditures 848 848
Revenues over expenditures 1,009,152 1,322,166 313,014
Other financing uses:
Transfers out (1,371,140) (1,124,663) 246,477
(1,371,140) (1,124,663) 246,477
Net change in fund balance $ (361,988) 197,503 $ 559,491
Fund balance, October 1, 2003 779,650
Fund balance, September 30, 2004 $ 977,153
65
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Community Improvements Fund
For the Year Ended September 30,2004
Revenues:
Interest
Miscellaneous
Total revenues
Original and
Final
Budget
$ 3,400 $
175,000
178,400
Actual
Variance With
Final Budget
Positive
(Negative)
5,140 $
9,019
14,159
1,740
(165,981)
(164,241)
Expenditures:
Current:
Economic environment
Total expenditures
Revenues under expenditures
Net change in fund balance
663,868 512,067 151,801
663,868 512,067 151,801
(485,468) (497,908) (12,440)
255,468 407,864 152,396
255,468 407,864 152,396
$ (230,000) (90,044 ) $ 139,956
614,826
$ 524,782
Other financing sources:
Transfers in
Fund balance, October 1, 2003
Fund balance, September 30, 2004
66
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Recreation Program Fund
For the Year Ended September 30, 2004
Revenues:
Charges for services
Interest
Miscellaneous
Total revenues
Original and
Final
Budget
$ 820,000 $
7,000
7,500
834,500
721,176 $
4,166
7,284
732,626
Actual
Expenditures:
Current:
Culture and recreation
Capital outlay:
Culture and recreation
Total expenditures
Revenues under expenditures
976,703 769,286
26,425 26,416
1,003,128 795,702
(168,628) (63,076)
(75,000) (75,000)
(75,000) (75,000)
$ (243,628) (138,076) $
279,722
$ 141,646
Other financing uses:
Transfers out
Net change in fund balance
Fund balance, October 1, 2003
Fund balance, September 30, 2004
67
Variance With
Final Budget
Positive
(Negative)
(98,824 )
(2,834 )
(216)
(101,874)
207,417
9
207,426
105,552
105,552
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Boynton Beach Memorial Park Fund
For the Year Ended September 30, 2004
Revenues:
Charges for services
Interest
Miscellaneous
Total revenues
Original and
Final
Budget
$ 175,000 $
70,000
4,000
249,000
Actual
Variance With
Final Budget
Positive
(Negative)
250,816 $
46,481
5,260
302,557
75,816
(23,519)
1,260
53,557
Expenditures:
Current:
General government
Capital outlay:
Culture and recreation
Total expenditures
Revenues over expenditures
Net change in fund balance
237,000 210,941 26,059
2,000 1,522 478
239,000 212,463 26,537
10,000 90,094 27,020
(10,000) (10,000)
(10,000) (10,000)
$ 80,094 $ 27,020
4,057,089
$ 4,137,183
Other financing uses:
Transfers out
Fund balance, October 1, 2003
Fund balance, September 30, 2004
68
NONMAJOR ENTERPRISE FUNDS
Enterprise funds are used to account for operations that are financed and
operated in a manner similar to private business enterprises. The costs of
providing goods or services to the general public are financed or recovered
primarily through user charges.
Recreational Facilities Fund - To account for operation of the City's golf
course.
Mass Transit Fund - To account for the operations of the municipal public
transportation system.
69
City of Boynton Beach, Florida
Combining Statement of Net Assets
Nonmajor Enterprise Funds
September 30, 2004
Recreational Mass
Facilities Transit
Fund Fund Total
ASSETS
Current assets:
Pooled cash and investments $ 713,049 $ 61,333 $ 774,382
Accounts receivable 3,317 3,317
Due from other governments 75.000 75,000
Prepaid items 3,191 3,191
Inventories 54,247 54,247
Total current assets 845.487 64.650 910.137
Noncurrent assets:
Capital assets not being depreciated 1,356.467 1.356,467
Capital assets net of accumulated depreciation 1,407,872 1,159 1,409,031
Total assets 3,609.826 65,809 3,675,635
LIABILITIES
Current liabilities:
Accounts payable 135,744 103 135.847
Accrued expenses 33,048 4.243 37,291
Compensated absences payable 16,644 2,132 18,776
Total current liabilities 185.436 6,478 191,914
Noncurrent liabilities:
Compensated absences payable 111,387 14.265 125,652
Total liabilities 296,823 20,743 317,566
NET ASSETS
Invested in capital assets, net of related debt 2.764,339 1,159 2,765,498
Unrestricted 548,664 43,907 592,571
Total net assets $ 3,313,003 $ 45,066 $ 3,358,069
70
City of Boynton Beach, Florida
Combining Statement of Revenues, Expenses and Changes in Net Assets
Nonmajor Enterprise Funds
For the Year Ended September 30, 2004
Recreational Mass
Facilities Transit
Fund Fund Total
Operating revenues:
Charges for services:
Cart and green fees $ 1,664,707 $ $ 1,664,707
Dues 209,814 209,814
Transportation fees 14,281 14,281
Other services 531,712 531,712
Total operating revenues 2,406,233 14,281 2,420,514
Operating expenses:
Personal services and benefits 1,325,329 170,992 1,496,321
Supplies and services 834,165 39,767 873,932
Depreciation and amortization 211,196 1,988 213,184
2,370,690 212,747 2,583,437
Operating income (loss) 35,543 (198,466) (162,923)
Nonoperating revenues (expenses):
Intergovernmental revenue 75,000 75,000
Interest income 11 ,799 241 12,040
Loss on disposal of capital assets (19,470) (19,470)
Miscellaneous 11,861 11,861
67,329 12,102 79,431
Income (loss) before transfers 102,872 (186,364) (83,492)
Transfers in (out):
Transfers in 170,140 170,140
Transfers out (132,260) (132,260)
(132,260) 170,140 37,880
Net loss (29,388) (16,224) (45,612)
Net assets, October 1, 2003 3,342,391 61,290 3,403,681
Net assets, September 30, 2004 $ 3,313,003 $ 45,066 $ 3,358,069
71
City of Boynton Beach, Florida
Combining Statement of Cash Flows
Nonmajor Enterprise Funds
For the Year Ended September 30, 2004
Recreational Mass
Facilities Transit
Fund Fund Total
Cash Flows From Operating Activities
Receipts from customers and users $ 2,406,417 $ 14,281 $ 2,420,698
Payments to suppliers (682,650) (5,483) (688,133)
Payments to employees (1,322,003) (166,062) (1,488,065)
Payments for interfund services used (52,506) (34,485) (86,991 )
Net cash provided by (used in) operating activities 349,258 (191,749) 157,509
Cash Flows From Noncapital Financing Activities
Transfers in 170,140 170,140
Transfers out (132,260) (132,260)
Net cash provided by (used in) noncapital financing activities (132,260) 170,140 37,880
Cash Flows From Capital and Related Financing Activities
Acquisition of capital assets (276,371 ) (276,371 )
Other proceeds 11,861 11,861
Net cash provided by (used in) capital and related financing activities (276,371) 11,861 (264,510)
Cash Flows From Investing Activity
Interest received 11,799 241 12,040
Net cash provided by investing activity 11,799 241 12,040
Decrease in cash and cash equivalents (47,574) (9,507) (57,081)
Cash and cash equivalents, October 1, 2003 760,623 70,840 831,463
Cash and cash equivalents, September 30, 2004 $ 713,049 $ 61,333 $ 774,382
Reconciliation of Operating Income (Loss) to Net Cash
Provided by (Used in) Operating Activities:
Operating income (loss) $ 35,543 $ (198,466) (162,923)
Adjustments to reconcile operating income (loss) to
net cash provided by (used in) operating activities:
Depreciation and amortization 211,196 1,988 213,184
Changes in operating assets and liabilities:
Accounts receivable 184 (368) (184)
Prepaid items 912 101 1,013
Inventories 5,770 5,770
Accounts payable 92,327 66 92,393
Accrued expenses 7,607 539 8,146
Compensated absences payable (4,281) 4,391 110
Total adjustments 313,715 6,717 320,432
Net cash provided by (used in) operating activities $ 349,258 $ (191,749) $ 157,509
Noncash investing, capital and financing activities:
Loss on disposal of capital assets $ 19,470 $ $ 19,470
72
INTERNAL SERVICE FUNDS
Internal Service Funds are used to account for the financing of goods or
services provided by one department to other departments of the
government on a cost reimbursement basis.
Vehicle Service Fund -- To account for the cost of operating a maintenance
facility for automotive equipment used by other City departments, and
administering the City fleet.
Self-Insurance Fund -- To account for worker's compensation insurance
coverage to all City employees, and the City's general and auto liability self-
insurance program.
Warehouse Fund -- To account for inventory and disbursement of
commodities purchased in bulk.
73
City of Boynton Beach, Florida
Combining Statement of Net Assets
Internal Service Funds
September 30, 2004
Vehicle
Service Self-Insurance Warehouse Total
ASSETS
Current assets:
Pooled cash and investments $ 4,829,902 $ 2,348,728 $ $ 7,178,630
Due from other funds 645,121 645,121
Prepaid items 70,176 70,176
Inventories 39,504 760,125 799,629
Total current assets 5,514,527 2,418,904 760,125 8,693,556
Noncurrent assets:
Capital assets not being depreciated 33,166 33,166
Capital assets net of accumulated depreciation 5,910,443 3,682 19,143 5,933,268
Total assets 11,458,136 2,422,586 779,268 14,659,990
LIABILITIES
Current liabilities:
Accounts payable 94,174 76,961 34,019 205,154
Accrued expenses 19,176 6,481 7,585 33,242
Provision for insurance losses, current portion 1,076,317 1,076,317
Compensated absences payable 9,902 2,977 6,097 18,976
Due to other funds 645,121 645,121
Total current liabilities 123,252 1,162,736 692,822 1,978,810
Noncurrent liabilities:
Compensated absences payable 66,265 19,926 40,803 126,994
Provision for insurance losses, less current portion 1,437,349 1,437,349
66,265 1,457,275 40,803 1,564,343
T otalliabilities 189,517 2,620,011 733,625 3,543,153
NET ASSETS (DEFICIT)
Invested in capital assets, net of related debt 5,943,609 3,682 19,143 5,966,434
Unrestricted (deficit) 5,325,010 (201,107) 26,500 5,150,403
Total net assets (deficit) $ 11,268,619 $ (197,425) $ 45,643 $ 11,116,837
74
City of Boynton Beach, Florida
Combining Statement of Revenues, Expenses and Changes in Net Assets
Internal Service Funds
For the Year ended September 30,2004
Vehicle
Service Self-Insurance Warehouse Total
Operating revenues:
Charges for services $ 1,946,275 $ 2,109,053 $ 242,351 $ 4,297,679
Total operating revenues 1,946,275 2,109,053 242,351 4,297,679
Operating expenses:
Personal services and benefits 658,710 158,849 254,798 1,072,357
Supplies, services and claims 1,508,265 1,869,373 23,098 3,400,736
Depreciation 2,185,153 2,945 4,222 2,192,320
4,352,128 2,031,167 282,118 6,665,413
Operating income (loss) (2,405,853) 77,886 (39,767) (2,367,734)
Nonoperating revenues (expenses):
Interest income 82,318 2,691 85,009
Loss on disposal of capital assets (29,660) (29,660)
Miscellaneous income 124,298 7,172 131,470
52,658 126,989 7,172 186,819
Income (loss) before transfers (2,353,195) 204,875 (32,595) (2,180,915)
Transfers in:
Transfers in 54,179 2,440,000 2,494,179
Net income (loss) (2,299,016) 2,644,875 (32,595) 313,264
Net assets (deficit), October 1, 2003 13,567,635 (2,842,300) 78,238 10,803,573
Net assets (deficit), September 30, 2004 $ 11,268,619 $ (197,425) $ 45,643 $ 11,116,837
75
City of Boynton Beach, Florida
Combining Statement of Cash Flows
Internal Service Funds
For the Year Ended September 30,2004
Vehicle Self.
Service Insurance Warehouse Total
Cash Flows From Operating Activities
Receipts from interfund services provided $ 1,946,579 $ 2,109,053 $ 242,351 $ 4,297,983
Payments to suppliers (1,476,677) (1,880,813) (97,462) (3,454,952)
Payments to employees (645,092) (150,519) (238,157) (1,033,768)
Net cash provided by (used in) operating activities (175,190) 77,721 (93,268) (190,737)
Cash Flows From Noncapital Financing Activities
Loans from (to) other funds 239,088 (325,982) 86,894
Transfers in 54,179 2,440,000 2,494,179
Net cash provided by noncapital financing activities 293,267 2,114,018 86,894 2,494,179
Cash Flows From Capital and Related Financing Activities
Acquisition of capital assets (1,451,158) (798) (1,451,956)
Proceeds from sale of capital assets 201,331 201,331
Other proceeds 124,298 7,172 131,470
Net cash provided by (used in) capital and related financing activities (1,249,827) 124,298 6,374 (1,119,155)
Cash Flows From Investing Activity
Interest received 82,318 2,691 85,009
Net cash provided by investing activity 82,318 2,691 85,009
Increase (decrease) in cash and cash equivalents (1,049,432) 2,318,728 1,269,296
Cash and cash equivalents, October 1, 2003 5,879,334 30,000 5,909,334
Cash and cash equivalents, September 30, 2004 $ 4,829,902 $ 2,348,728 $ $ 7,178,630
Reconciliation of Operating Income (Loss) to Net Cash
Provided by (Used in) Operating Activities:
Operating income (loss) $ (2,405,853) $ 77 ,886 $ (39,767) (2,367,734)
Adjustments to reconcile operating income (loss) to
net cash provided by (used in) operating activities:
Depreciation 2,185,153 2,945 4,222 2,192,320
Changes in operating assets and liabilities:
Accounts receivable 304 304
Prepaid items 318 64,224 279 64,821
Inventories (427) (100,776) (101,203)
Accounts payable 31,697 (1,243) 26,133 56,587
Accrued expenses 6,923 3,612 2,586 13,121
Provision for insurance losses (74,421 ) (74,421)
Compensated absences payable 6,695 4,718 14,055 25,468
Total adjustments 2,230,663 (165) (53,501) 2,176,997
Net cash provided by (used in) operating activities $ (175,190) $ 77,721 $ (93,268) $ (190,737)
Noncash investing, capital and financing activities:
Loss on disposal of capital assets $ 29,660 $ $ $ 29,660
76
PENSION TRUST FUNDS
Pension Trust Funds account for financial operations and condition of the
City's three pension plans.
General Employees' Pension Fund - To account for the accumulation of
resources to be used for the retirement benefit payments to the City's general
employees.
Police Officers' Pension Fund - To account for the accumulation of resources
to be used for the retirement benefit payments to the City's sworn police
personnel.
Firefighters' Pension Fund - To account for the accumulation of resources to
be used for the retirement benefit payments to the City's certified fire
personnel.
77
City of Boynton Beach, Florida
Combining Statement of Fiduciary Net Assets
Pension Trust Funds
September 30, 2004
General Police
Employees' Officers' Firefighters'
Pension Pension Pension
Fund Fund Fund Total
Assets
Cash and cash equivalents $ 813,684 $ 824,488 $ 265,181 $ 1,903,353
Investments
U.S. government securities 12,304,535 2,865,232 10,578,260 25,748,027
Common stocks 33,340,278 5,650,823 20,050,527 59,041,628
Corporate bonds 6,407,757 947,166 3,795,513 11,150,436
Mortgage-backed securities 5,496,286 5,496,286
Mutual funds 8,319,477 23,977,299 1,695,309 33,992,085
Interest and dividends receivable 227,842 38,211 141,701 407,754
Other receivables 31,645 1,878,514 1,199,432 3,109,591
Prepaid items 1,750 1,750
Total assets 66,941 ,504 36,181,733 37,727,673 140,850,910
Liabilities
Accounts payable 678,989 212,236 8,409 899,634
Due to general fund 228,257 228,257
T otalliabililies 907,246 212,236 8,409 1,127,891
Net assets
Net assets held in trust for pension benefits $ 66,034,258 $ 35,969,497 $ 37,719,264 $ 139,723,019
78
City of Boynton Beach, Florida
Combining Statement of Changes in Fiduciary Net Assets
Pension Trust Funds
For the Year ended September 30,2004
General Police
Employees' Officers' Firefighters'
Pension Pension Pension
Fund Fund Fund Total
Additions:
Contributions:
Employer $ 1,542,574 $ 1,897,240 $ 1,155,699 $ 4,595,513
Plan members 1,571,877 802,730 567,914 2,942,521
State 648,260 549,804 1,198,064
Total contributions 3,114,451 3,348,230 2,273,417 8,736,098
Investment income:
Net appreciation in the fair value of
investments (realized and unrealized) 2,683,604 2,471,109 1,229,426 6,384,139
Interest 1,175,350 204,948 675,555 2,055,853
Dividends 526,633 64,522 300,613 891,768
Miscellaneous 29,856 47,073 76,929
4,415,443 2,740,579 2,252,667 9,408,689
Less investment expenses
Custodian fees 246,085 215,374 185,105 646,564
Net investment income 4,169,358 2,525,205 2,067,562 8,762,125
Total additions 7,283,809 5,873,435 4,340,979 17,498,223
Deductions:
Benefits paid 2,840,067 2,167,292 1,871,799 6,879,158
Refunds of contributions 385,531 34,706 6,623 426,860
Other operating expenses 105,071 101,737 103,154 309,962
3,330,669 2,303,735 1,981,576 7,615,980
Net increase 3,953,140 3,569,700 2,359,403 9,882,243
Net assets held in trust for pension
benefits, October 1, 2003 62,081,118 32,399,797 35,359,861 129,840,776
Net assets held in trust for pension
benefits, September 30, 2004 $ 66,034,258 $ 35,969,497 $ 37,719,264 $ 139,723,019
79
City of Boynton Beach, Florida
General Fund Revenue by Source and Other Financing
Sources-Budgetary Basis-Unaudited
Last Ten Fiscal Years
Fiscal Year Licenses Charges
Ended and Inter- for
September 30 Taxes Permits Governmental Services
1995 $ 19,081,791 $ 2,204,191 $ 4,657,243 $ 1,559,495
1996 20,061,973 2,419,639 4,679,085 1,483,842
1997 21,340,839 2,613,267 5,053,291 1,296,201
1998 22,150,455 2,827,749 5,299,694 1,329,763
1999 22,993,030 2,699,350 5,446,576 1,568,157
2000 23,666,542 3,436,709 5,956,776 1,758,769
2001 25,023,204 3,758,160 6,312,656 2,103,282
2002 26,973,135 2,741,792 6,154,238 2,366,411
2003 27,471,477 3,076,313 7,006,757 2,606,569
2004 28,208,605 6,648,957 8,337,402 2,791,326
Note: Includes General Fund (budgetary basis) only.
Continued on next page.
80
Annual
Rents and Other Percentage
Fines and Royalties and Financing Increase
Forfeitures Interest Miscellaneous Sources Total (Decrease)
$ 120,518 $ 481,349 $ 85,798 $ 3,004,614 $ 31,194,999 5.9 %
131,476 585,636 150,165 3,135,787 32,647,603 4.7
152,224 665,324 354,365 3,399,023 34,874,534 6.8
132,008 1,232,370 105,967 4,461,280 37,539,286 7.6
127,788 553,340 150,587 3,411,248 36,950,076 (1.6)
117,019 1,215,612 442,388 4,084,982 40,678,797 10.1
151,047 1,842,954 339,048 4,760,657 44,291,008 8.9
189,489 1,254,874 309,278 4,308,800 44,298,017 0.0
187,560 613,260 231,563 4,227,364 45,420,863 2.5
236,278 344,455 395,264 4,306,800 51,269,087 12.9
81
City of Boynton Beach, Florida
General Fund Expenditures by Function and Other Financing Uses-
Budgetary Basis-Unaudited
Last Ten Fiscal Years
Public Safety
Inspection
Fiscal Year Permits
Ended General and Animal
September 30 Government Police Fire Licenses Control
1995 $ 5,507,002 $ 8,678,530 $ 6,343,155 $ 1,446,847 $ 101,664
1996 6,041,201 9,495,659 6,441,854 1,426,511 104,329
1997 6,338,557 9,828,744 6,513,492 1,433,615 104,732
1998 7,000,824 9,278,782 6,599,824 1,724,552 107,196
1999 6,712,016 10,852,070 7,101,819 1,881,350 115,452
2000 7,258,304 11,141,926 7,444,459 2,481,416 114,476
2001 8,973,320 11,420,699 7,734,552 2,884,167 118,374
2002 9,356,883 12,187,477 8,311,080 2,984,006 128,583
2003 9,804,932 14,159,833 9,237,876 2,929,191 125,397
2004 10,556,784 15,453,164 10,228,091 3,254,943 146,716
Note: Includes General Fund (budgetary basis) only.
Continued on next page.
82
Culture
Public and
Works Recreation Other Total
$ 988,327 $ 4,698,125 $ - $ 27,763,650
1,001,611 4,815,581 1,253,954 30,580,700
1,033,470 5,001,914 3,413,402 33,667,926
976,153 4,896,973 2,078,693 32,662,997
1,065,895 5,557,201 3,022,876 36,308,679
1,044,324 6,108,353 6,140,433 41,733,691
1,181,010 7,003,614 1,526,726 40,842,462
1,116,442 6,637,240 2,318,319 43,040,030
1,170,718 6,941,931 2,947,237 47,317,115
1,154,696 7,050,778 1,063,508 48,908,680
83
City of Boynton Beach, Florida
Property Tax levies and Collections-Unaudited
Last Ten Fiscal Years
Fiscal Year Current
Ended Total Tax Tax
September 30 Levy Collections
1995 $ 16,410,895 $ 16,314,844
1996 17,200,873 17,103,120
1997 17,989,343 17,911,988
1998 18,753,009 18,672,518
1999 19,875,591 19,789,427
2000 20,243,189 20,125,134
2001 20,950,505 20,863,339
2002 22,460,999 22,395,056
2003 23,191,047 23,119,714
2004 25,511,741 25,451,807
Note: All property taxes are assessed and collected by Palm Beach County without charge to
the City, and collections are distributed in full as collected.
Continued on next page.
84
Total Outstanding
Collections as Delinquent
Percent Delinquent Percent Outstanding Taxes as
of Levy Tax Total Tax of Current Delinquent Percent of
Collected Collections Collections Levy Taxes Current Levy
99.4 % $ 244,331 $ 16,559,175 100.9 % $ 515,577 3.1 %
99.4 42,029 17,145,149 99.7 571,301 3.3
99.6 133,128 18,045,116 100.3 467,661 2.6
99.6 63,831 18,736,349 99.9 482,494 2.6
99.6 18,730 19,808,157 99.7 484,322 2.4
99.4 55,429 20,180,563 99.7 469,902 2.3
99.6 43,042 20,906,381 99.8 454,792 2.2
99.7 38,498 22,433,554 99.9 244,863 1.1
99.7 66,395 23,186,109 100.0 247,685 1.1
99.8 31,242 25,483,049 99.9 249,211 1.0
85
City of Boynton Beach, Florida
Assessed and Estimated Actual Value of
Taxable Property-Unaudited
Last Ten Fiscal Years
(Dollars in Thousands)
Real Property Personal Property
Fiscal Year Estimated Estimated
Ended Assessed Actual Assessed Actual
September 30 Value Value Value Value
1995 $ 2,088,199 $ 2,233,368 $ 248,412 $ 345,017
1996 2,174,386 2,320,532 277 ,204 387,808
1997 2,196,263 2,349,983 331,795 460,385
1998 2,310,081 2,468,380 345,124 482,625
1999 2,432,848 2,588,395 329,802 329,802
2000 2,606,324 2,751,880 323,935 406,377
2001 2,705,264 2,865,074 309,417 386,122
2002 2,987,970 3,150,594 296,202 369,774
2003 3,316,616 3,511,340 272,475 339,646
2004 3,894,452 4,121,290 252,313 313,266
Source: Palm Beach County Property Appraiser's Office.
Continued on next page.
86
Ratio of
Centrally Assessed Total
Property Exemptions Total Assessed
Estimated Estimated to Total
Assessed Actual Real Assessed Actual Estimated
Value Value Property Value Value Actual Value
$ 1,889 $ 1,889 $ 398,134 $ 1,940,366 $ 2,580,274 75.20%
2,136 2,136 407,712 2,046,014 2,710,476 75.49
2,164 2,164 382,900 2,147,322 2,812,532 76.35
3,084 3,084 412,348 2,245,941 2,954,089 76.03
3,421 3,421 428,060 2,338,011 2,921,618 80.02
3,109 3,109 458,482 2,474,886 3,161,366 78.29
2,988 2,988 472,670 2,544,999 3,254,184 78.21
2,849 2,849 551,441 2,735,580 3,523,217 77.64
2,904 2,904 695,701 2,896,294 3,853,890 75.15
3,879 3,879 918,637 3,232,007 4,438,435 72.82
87
City of Boynton Beach, Florida
Property Tax Rates-All Direct and Overlapping
Governments-Unaudited
Last Ten Fiscal Years
(per $1,000 of assessed value)
City of Boynton Beach
Debt
Fiscal General Service School
Year Fund Fund Total District County Other (1) Total
1995 7.925 0.504 8.429 10.185 4.293 2.623 25.530
1996 7.925 0.482 8.407 9.761 4.218 2.585 24.971
1997 7.925 0.457 8.382 9.797 4.236 2.286 24.701
1998 7.925 0.411 8.336 9.060 4.600 1.350 23.346
1999 7.816 0.451 8.267 9.179 4.600 2.234 24.280
2000 7.816 0.425 8.241 9.043 4.600 2.186 24.070
2001 7.816 0.411 8.227 9.043 4.600 2.263 24.133
2002 7.816 0.411 8.227 8.948 4.935 2.456 24.566
2003 7.600 0.395 7.995 8.779 4.808 2.489 24.071
2004 7.500 0.380 7.880 8.571 4.791 2.556 23.798
Source: Palm Beach County Tax Collector
Tax rate limits
Scope of tax rate limit
- Ten mills per Florida Statute 200.081
- No municipality shall levy ad valorem taxes for real and tangible
personal property in excess of ten mills of the assessed value,
except for special benefits and debt service on obligation issued
with the approval of those taxpayers subject to ad valorem taxes.
- March 31
- April 1
- 4% November; 3% December; 2% January; 1 % March
- 2.5% after April 1 , increasing .5% each ten days to maximum 5.0%
- Palm Beach County
- None
Taxes due
Taxes delinquent
Discount allowed
Penalties for delinquency
Tax collector
Tax collector's commission
(1) Other tax rates include the South Florida Water Management District, Florida Inland Navigation District,
Health Care District, Children's Services Council and Everglades Construction.
88
City of Boynton Beach, Florida
Ratio of Net General Obligation Debt to Assessed Value
and Net General Obligation Debt Per Capita-Unaudited
Last Ten Fiscal Years
Fiscal Year
Ended
September 30
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
Note: The population estimate for all years was calculated by the City's planning department.
Continued on next page.
89
Population
49,085
50,940
52,311
53,635
55,483
56,300
61,816
62,847
64,593
65,208
Ratio of
Net General
Gross Less Debt Obligation Net General
General Service Net General Debt to Obligation
Assessed ObUgation Funds Obligation Assessed Debt Per
Value Debt Available Debt Value Capita
$ 1,940,366,080 $ 8,655,000 $ 2,360,917 $ 6,294,083 0.32% $ 128
2,046,014,000 8,180,000 2,484,550 5,695,450 0.28 112
2,147,322,000 7,675,000 2,499,393 5,175,607 0.24 99
2,245,941,000 7,045,000 2,540,182 4,504,818 0.20 84
2,338,011,000 6,390,000 2,591,802 3,798,198 0.16 68
2,474,886,000 4,986,434 4,986,434 0.20 89
2,544,999,000 4,667,670 273,625 4,394,045 0.17 71
2,735,580,000 3,918,217 381,908 3,536,309 0.13 56
2,896,294,000 3,033,354 429,218 2,604,136 0.09 40
3,232,007,000 2,097,154 584,996 1,512,158 0.05 23
90
City of Boynton Beach, Florida
Computation of Direct and Overlapping
General Obligation Debt - Unaudited
September 30, 2004
Net General
Obligation
Debt,
September 30,
2004
Estimated
Percent
Applicable
Direct and
Overlapping
Net General
Obligation
Debt
City of Boynton Beach:
General obligation note $ 1,512,158 100.00% $ 1.512,158
Palm Beach County:
General Obligation Bonds 224,765,000
School Board 154,400,000
$ 379,165,000 3.28% 12,436,612
Total direct and overlapping bonded
debt payable from taxes $ 13,948,770
Estimated population 65,208
Overlapping net debt per capita $ 214
91
City of Boynton Beach, Florida
Computation of Legal Debt Margin - Unaudited
September 30, 2004
(Dollars in Thousands)
Assessed valuations:
Assessed value $ 3,232,007
Add back:exempt real property 918,637
Assessed valuations: $ 4,150,644
Legal debt margin:
Debt Iimitation-10% of total assessed value $ 415,064
Debt applicable to limitation:
Total general obligation debt 2,097
Less:
Amount available for repayment of
general obligation debt 585
Total debt applicable to limitation 1,512
Legal debt margin $ 413,552
The City has established as a maximum cap for long-term general obligation debt, 10% of the total assessed
value of both real and personal property within the City limits. This cap shall be adjusted annually to reflect the
annual changes in the assessed value. There shall be no limitation on the use of revenue bonds as a percent of
total debt service of the City.
92
City of Boynton Beach, Florida
Ratio of Annual Debt Service Requirements for General
Obligation Debt to Total General Fund Expenditures-
Budgetary Basis-Unaudited
Last Ten Fiscal Years
Ratio of
Total Debt Service
Fiscal Year General to General
Ended Total Debt Fund Fund
September 30 Principal Interest Service Expenditures (1) Expenditures
1995 $ 455,000 $ 493,132 $ 948,132 $ 27,763,650 0.0342
1996 475,000 476,326 951,326 30,580,700 0.0311
1997 505,000 451,518 956,518 33,667,926 0.0284
1998 630,000 424,468 1,054,468 32,662,997 0.0323
1999 655,000 392,002 1,047,002 36,308,679 0.0288
2000 695,000 374,708 1,069,708 41,674,502 0.0257
2001 318,674 159,649 478,323 40,842,462 0.0117
2002 749,453 229,923 979,376 43,040,030 0.0228
2003 884,963 188,847 1,073,810 47,317,115 0.0227
2004 936,200 143,120 1,079,320 48,908,680 0.0221
(1) Includes transfers out.
93
City of Boynton Beach, Florida
Schedule of Water and Sewer Revenue Bond
Debt Service Coverage-Unaudited
Last Ten Fiscal Years
(A)-(B)
Net Revenue
(B) Available
(A) Current for Debt Coverage Current
Year Revenue (1) Expenses (2) Coverage Requirement (3) Coverage (4)
1995 $ 21,567,934 $ 10,858,624 $ 10,709,310 $ 4,375,391 2.45
1996 22,505,993 11,814,452 10,691,541 4,376,420 2.44
1997 23,297,598 12,100,657 11,196,941 3,610,809 3.10
1998 25,092,939 12,390,830 12,702,109 3,436,133 3.70
1999 24,465,299 13,815,539 10,649,760 4,806,854 2.22
2000 26,819,080 14,759,425 12,059,655 4,885,561 2.47
2001 29,209,194 15,884,244 13,324,950 5,254,259 2.54
2002 28,313,646 14,395,176 13,918,470 9,845,079 1.41
2003 27,625,940 15,185,354 12,440,586 6,995,286 1.78
2004 27,560,353 19,574,242 7,986,111 6,950,564 1.15
The following definitions are in accordance with the bond resolutions:
(1) Includes operating and nonoperating revenue and certain transfers.
(2) Includes operating and nonoperating expenses. Excludes depreciation, amortization and transfers for
administrative expenses.
(3) Includes 110% of current debt service and 100% of the renewal, replacement and improvement required
deposit.
(4) Coverage requirement is 1.00.
94
City of Boynton Beach, Florida
Property Value and Construction-Unaudited
Last Ten Fiscal Years
Total Commercial Residential
Assessed Construction** Construction**
Fiscal Year Property Number
Ended Value* (in of Number of
September 30 thousands) Buildings Value Units Value
1995 $ 2,580,274 5 $ 5,244.776 626 $ 39,310,718
1996 2,710,476 4 3,888,000 471 43,048,577
1997 2,812,532 15 12,315,005 527 47,304,809
1998 2,954,089 22 22,568,663 697 43,133,484
1999 2,921,618 24 18,377,934 435 32,960,174
2000 3,161,366 31 36,898,723 365 31,630,105
2001 3,254,184 16 17,052,582 867 64,423,54 7
2002 3,523,217 12 7,329.262 628 38,229,483
2003 3,853,890 25 27,786,988 262 24,819,386
2004 4,438,435 26 67,569,812 1285 128,319,204
Source:
* Palm Beach County Property Appraiser's Office.
** City building department.
95
City of Boynton Beach, Florida
Principal Taxpayers-Unaudited
Percentage
Taxable of Total
Taxpayer Type of Business Valuation Taxes Taxes
Boynton JCP Assoc.. Retail shopping mall $ 83,700,000 $ 659,556 2.585 %
Tuscanny Tarragon, LLC Real estate developer 29,424,000 231,861 0.909
ERP Operating Ltd Partnership Rental apartments 29,200,000 230,096 0.902
California State Teachers
Retirement System Rental apartments 28,400,300 223,794 0.877
Boynton Beach
Development Assoc. Retail shops 26,500,000 208,820 0.819
Boynton Villa Del Sol, LLC Real estate developer 25,850,291 203,700 0.798
Publix Super Markets, Inc. Grocery stores 23,928,695 188,558 0.739
LPC Club Meadows, LP Rental apartments 23,800,000 187,544 0.735
Villas At Quantum Park Rental apartments 22,500,000 177,300 0.695
Premier Gateway Center at
Quantum Real estate developer 17,462,265 137,603 0.539
310,765,551 2,448,832 9.599
Other 2,921,241,449 23,062,909 90.401
$ 3,232,007,000 $25,511,741 100.000 %
Source: Palm Beach County Property Appraiser.
96
City of Boynton Beach, Florida
Demographic Statistics-Unaudited
Fiscal Year School
Ended September Population Enrollment Unemployment
30 * ** Rate***
1995 49,085 132,725 7.80
1996 50,940 133,991 8.40
1997 52,311 136,588 7.80
1998 53,635 139,185 6.70
1999 55,483 148,781 5.70
2000 56,300 154,038 5.50
2001 61,816 156,856 5.90
2002 62,847 161,949 5.40
2003 64,593 166,845 4.80
2004 65,208 172,532 4.60
* The population estimate for all years was calculated by the City's planning department.
**
Data is for Palm Beach County. Source: Palm Beach County school information.
***
Data is for all of Palm Beach County. Source: Florida Department of Commerce, Division
of Employment Security
97
Date of Incorporation:
Form of Government:
Location and Area:
Police Protection:
Fire Protection:
Recreational Facilities:
Continued on next page.
City of Boynton Beach, Florida
Miscellaneous Statistical Data-Unaudited
July21,1920
City Commission-Manager with four commission members elected from districts
to serve staggered three-year terms and a mayor elected at large for a three-year
term. The vice mayor is chosen by the commission on an annual basis. The City
Manager is appointed by the commission.
The City encompasses an area of 16.1 square mites and is located about 12
miles south of West Palm Beach which is the county seat of Palm Beach County.
The City is bounded on the east by Lake Worth and the Intracoastal Waterway,
except for a small section which extends to the Atlantic Ocean. Palm Beach
County is located on the southeast coast of Florida and extends westward to
Lake Okeechobee with a total area of 2,230 square miles including 46 miles of
frontage on the Atlantic Ocean and about 25 miles of frontage on Lake
Okeechobee.
137 sworn officers, 36 civilian full-time employees and one part-time clerk.
3 fire stations, 113 firefighters (83 are state-certified paramedics), 19 civilians and
8 advanced life support units.
Tennis courts-31 (29 lighted)
Tennis pro shops-1
Shuffleboard courts-16 lighted
Ball fields-11 (10 lighted diamonds)
Public beach-965 feet frontage on the Atlantic Ocean
Boat launching ramps-4 boat ramps on the Intracoastal and 2 boat
ramps at Pioneer Canal Park
Swimming pool-25 meter
Parks-27 locations with various recreational facilities and playgrounds
Activity centers-5
Municipal golf course-27 holes
Racquetball Courts-8 (all lighted)
Senior Center
98
City of Boynton Beach, Florida
Miscellaneous Statistical Data-Unaudited
Water System:
Water plants capacity:
Total meters:
Total living units served:
Residential rate:
Inside City
Outside City
Sewer System:
28.1 MGD
32,626
52,418
$4.00 base rate per month plus
graduated scale based on consumption
$5.00 base rate per month plus
graduated scale based on consumption
Joint Regional Wastewater Treatment
Plant (Boynton Beach-Delray Beach):
Total connections
(City sewage collection):
Total living units served:
Residential rate:
Inside City
Outside City
Elections:
Number of registered voters:
Last general election
Number of votes cast in:
Last general election
Percentage of registered voters voting in:
Last general election
99
12.0 MGD reserved for
Boynton Beach service area
30,712
49,389
$10.13 base
$1.54/1,000 gallons with a
maximum of 7,000 gallons
$12.66 base
$1.93/1,000 gallons with a
maximum of 7,000 gallons
38,761
7,449
19.2
...J!III
-
CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A.
WILLIAM K. CALER, JR.. CPA
LOillS M. COHEN. CPA
DAVID S. DONTEN,CPA
SCOIT D. DRUKER, CPA, 10
JAMES B. HUTCHISON, CPA
JOEL H. LEVINE, CPA
JAMES F. MULLEN, IV, CPA
THOMAS A. PENCE, JR., CPA
SCOIT L. PORTER, CPA
MARK D. VEll... CPA
CERTIFIED PUBLIC ACCOUNTANTS
505 SOUTH FLAGLER DRIVE, SUITE 900
WEST PALM BEACH. FL 33401-5948
MEMBERS
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
TELEPHONE (561) 832-9292
FAX (561) 832-9455
FLORIDA INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
info@cdlcpa.com
Independent Auditor's Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed in Accordance With Government Auditing Standards
The Honorable Mayor and
City Commission
City of Boynton Beach, Florida
We have audited the accompanying financial statements of the governmental activities, the business-type
activities, the discretely presented component unit, each major fund and the aggregate remaining fund
information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2004, which
collectively comprise the basic financial statements of the City of Boynton Beach, Florida, and have issued our
report thereon dated April 27, 2005. We conducted our audit in accordance with U.s. generally accepted
auditing standards and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States.
Internal Control Over Financial Reporting
In planning and performing our audit, we considered the internal control over financial reporting of the City
of Boynton Beach, Florida, in order to determine our auditing procedures for the purpose of expressing our
opinions on the financial statements and not to provide an opinion on the internal control over financial
reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all
matters in the internal control that might be material weaknesses. A material weakness is a reportable
condition in which the design or operation of one or more of the internal control components does not reduce
to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be
material in relation to the financial statements being audited may occur and not be detected within a timely
period by employees in the normal course of performing their assigned functions. We noted no matters
involving the internal control over financial reporting and its operation that we consider to be material
weaknesses.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the financial statements of the City of Boynton
Beach, Florida, are free of material misstatement, we performed tests of its compliance with certain provisions
of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an opinion on
compliance with those provisions was not an objective of our audit, and accordingly, we do not express such
an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required
to be reported under Government Auditing Standards.
100
This report is intended solely for the information and use of the City Commission and management of the
City of Boynton Beach, Florida, federal and state awarding and pass-through agencies, and the Auditor
General of the State of Florida and is not intended to be and should not be used by anyone other than these
specified parties.
Ctk, ~, ~I
~I p~ ~ VV:< ~A,
April 27, 2005
101
-J!III
-
CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A.
WILLIAM K. CALER, JR., CPA
Loms M. COHEN, CPA
DAVID S. DONTEN. CPA
SCOTI D. DRUKER, CPA, ill
JAMES B. HUTCHISON. CPA
JOEL H. LEVINE, CPA
JAMES F. MULLEN. IV. CPA
THOMAS A. PENCE. JR., CPA
SCOTI L. POlITER, CPA
MARK D. VEIL. CPA
CERTIFIED PUBLIC ACCOUNTANTS
505 SOUTH FLAGLER DRIVE. SUITE 900
WEST PALM BEACH. FL 33401-5948
MEMBERS
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
TELEPHONE (561) 832-9292
FAX (561) 832-9455
FLORIDA INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
info@cdlcpa.com
Independent Auditor's Report on Compliance with Requirements Applicable to
Each Major Federal Program and State Project and Internal Control Over Compliance
The Honorable Mayor and
City Commission
City of Boynton Beach, Florida
Compliance
We have audited the compliance of the City of Boynton Beach, Florida, with the types of compliance
requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance
Supplement, and the requirements described in the Executive Office of the Governor's State Projects
Compliance Supplement, that are applicable to its major federal programs and state project for the year
ended September 30, 2004. The major federal programs and state project of the City of Boynton Beach,
Florida, are identified in the summary of auditor's results section of the accompanying Schedule of
Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts and
grants applicable to each of its major federal programs and state project is the responsibility of the
management of the City of Boynton Beach, Florida. Our responsibility is to express an opinion on
compliance by the City of Boynton Beach, Florida, based on our audit.
We conducted our audit of compliance in accordance with U.s. generally accepted auditing standards;
the standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and
Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. Those standards, OMB
Circular A-133 and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the
audit to obtain reasonable assurance about whether noncompliance with the types of compliance
requirements referred to above that could have a direct and material effect on a major federal program or
state project occurred. An audit includes examining, on a test basis, evidence about compliance by the
City of Boynton Beach, Florida, with those requirements and performing such other procedures as we
considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our
opinion. Our audit does not provide a legal determination on compliance by the City of Boynton Beach,
Florida, with those requirements.
In our opinion, the City of Boynton Beach, Florida, complied, in all material respects, with the
requirements referred to above that are applicable to its major federal programs and state project for the
year ended September 30, 2004.
102
Internal Control Over Compliance
The management of the City of Boynton Beach, Florida, is responsible for establishing and maintaining
effective internal control over compliance with requirements of laws, regulations, contracts and grants
applicable to federal programs and state projects. In planning and performing our audit, we considered
the City's internal control over compliance with requirements that could have a direct and material effect
on a major federal program or state project in order to determine our auditing procedures for the purpose
of expressing our opinion on compliance and to test and report on the internal control over compliance in
accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General.
Our consideration of the internal control over compliance would not necessarily disclose all matters in
the internal control that might be material weaknesses. A material weakness is a reportable condition in
which the design or operation of one or more of the internal control components does not reduce to a
relatively low level the risk that noncompliance with applicable requirements of laws, regulations,
contracts and grants caused by error or fraud that would be material in relation to a major federal
program or state project being audited may occur and not be detected within a timely period by
employees in the normal course of performing their assigned functions. We noted no matters involving
the internal control over compliance and its operation that we consider to be material weaknesses.
This report is intended for the information and use of the City Commission and management of the City
of Boynton Beach, Florida, federal and state awarding and pass-through agencies and the Auditor
General of the State of Florida and is not intended to be and should not be used by anyone other than
these specified parties.
ak, ~, ~,
~, p~ ~ Vd, ~A,
April 27, 2005
103
.' f";lo"{"li~~."'.,,,,....it..~".;;.;<_,,_._
CITY OF BOYNTON BEACH, FLORIDA
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND STATE FINANCIAL ASSISf ANCE
Year Ended September 30, 2004
Grantor/ CFDA Contract/ Grant 2004 Program Transfers to
Program Title Number Number Expenditures Subrecipients
Federal Awards
U.S. Department of Housing and
Urban Development
Direct A wards
Community Development Block
Grant/Entitlement Grant 14.218 B-OO-MC-12-0043 $ 58,147 $ 58,147
Community Development Block
Grant/Entitlement Grant 14.218 B-01-MC-12-0043 52,796 52,796
Community Development Block
Grant/Entitlement Grant 14.218 B-02-MC-12-0043 578,000 578,000
Community Development Block
Grant/Entitlement Grant 14.218 B-03-MC-12-0043 71,543 29,481
Total U.s. Department of Housing
and Urban Development 760,486 718,424
U.S. Department ofJustice
Direct A wards
Local Law Enforcement Block Grant 16.592 2003-LB-BX-1611 84,286 0
Bureau of Justice Assistance 16.607 N/A 6,265 0
90,551 0
Pass through award from Palm Beach County, Florida
Byrne Formula Grant -
Multi-Agency Narcotic Unit Grant 16.579 O4-CJ- J3-1 0-60-01-23 61,622 0
Total u.s. Department of Justice 152,173 0
U.S. Department of Transportation
Pass through awards from the State of Florida
Department of Transportation
DUI Enforcement Specialist Phase II Grant 20.601 J8-04-06-23 74,796 0
Aggressive Driving Program 20.600 SC-04-13-16 43,621 0
Total U.S. Department of Transportation 118,417 0
U.S. Department of Homeland Security
Pass through award from the State of Florida
Department of Community Affairs
Federal Emergency Management Agency
Public Assistance Grant 97.036 05-P A-G %-10-60-00-895 1,320,000 0
Hazard Mitigation Grant 97.039 OH-HM-?L-10-60-15-013 40,780 0
Total U.s. Department of Homeland Security 1,360,780 0
Total Federal Awards $ 2,391,856 $ 718,424
See notes to schedule of expenditures of federal awards and state financial assistance.
104
CITY OF BOYNTON BEACH, FLORIDA
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND ST ATE FINANCIAL ASSISTANCE (Continued)
Year Ended September 30,2004
Grantor/ CSFA Contract/ Grant 2004 Program Transfers to
Program Title Number Number Expenditures Subrecipients
State Financial Assistance
Florida Department of Environmental Protection
Pass through award from Palm Beach County, Florida
Statewide Surface Water Restoration and
Wastewater Projects
Lake Worth Lagoon - Outfall Water Quality 37.039 R2001-0395 $ 186,120 $ 0
Florida Department of State
Division of Library and Information Services
Pass through award from Palm Beach County, Florida
State Aid to Libraries 45.030 03-ST -44 97,702 0
Florida Housing Finance Agency
Direct Awards
State Housing Initiatives Partnership Program 52.901 N/A 282,287 0
State Housing Initiatives Partnership Program 52.901 N/A 286,863 0
State Housing Initiatives Partnership Program 52.901 N/A 750 0
Total Florida Housing Finance Corporation 569,900 0
Total State Financial Assistance $ 853,722 $ 0
See notes to schedule of expenditures of federal awards and state financial assistance.
105
CITY OF BOYNTON BEACH, FLORIDA
NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND STATE FINANCIAL ASSISTANCE
September 30, 2004
NOTE A - SIGNIFICANT ACCOUNTING POLICIES
The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance includes the
federal awards and state financial assistance of the City of Boynton Beach, Florida, for the year ended September
30,2004 and is presented in accordance with the requirements of the provisions of OMB Circular A-133 and the
requirements of the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General. The Schedule of
Expenditures of Federal Awards and State Financial Assistance has been prepared on the modified accrual basis
of accounting.
NOTE B - SCOPE OF SINGLE AUDIT
The federal programs and state financial assistance projects have been audited in accordance with the provisions
of OMB Circular A-133, the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General, for
program transactions occurring during the year ended September 30, 2004. The City had two federal programs
meeting the definition of a Type A program under the provisions of OMB Circular A-133. The following Type A
programs were audited as major federal programs:
CFDA
Number
U.S. Department of Housing and Urban Development
Community Development Block Grant/Entitlement Grant
14.218
U.S. Department of Homeland Security
Pass through award from the State of Florida
Department of Community Affairs
Federal Emergency Management Agency
Public Assistance Grant
97.036
The City had one state financial assistance project meeting the definition of a Type A program under the
provisions of the Florida Single Audit Act. The following Type A program was audited as a major state project:
CSFA
Number
Florida Housing Finance Agency
State Housing Initiatives Partnership Program
52.901
NOTE C - CONTINGENCY
Amounts received or receivable from grantor agencies are subject to audit and adjustment by those agencies.
Any disallowed claims, including amounts already received, might constitute a liability of the City for the return
of those funds. In the opinion of management, all grant expenditures were in compliance with the terms of the
grant agreements and applicable federal and state laws and regulations.
106
CITY OF BOYNTON BEACH, FLORIDA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS -
FEDERAL PROGRAMS AND STATE PROJECTS
Year Ended September 30, 2004
A. SUMMARY OF AUDITOR'S RESULTS
1. The auditor's report expresses an unqualified opinion on the basic financial statements of
the City of Boynton Beach, Florida.
2. There were no reportable conditions disclosed during the audit of the basic financial
statements of the City of Boynton Beach, Florida.
3. No instances of noncompliance material to the basic financial statements of the City of
Boynton Beach, Florida, were disclosed during the audit.
4. There were no reportable conditions relating to the audit of the major federal programs
and/ or state project.
5. The auditor's report on compliance for the major federal programs and state project for
the City of Boynton Beach, Florida, expresses an unqualified opinion.
6. There were no audit findings relative to the major federal programs and state project for
the City of Boynton Beach, Florida.
7. The programs/projects tested as major programs/projects were as follows:
FEDERAL PROGRAMS
CFDA
Number
U.S. Department of Housing and Urban Development
Community Development Block Grant/
Entitlement Grant
14.218
U.S. Department of Homeland Security
Pass through award from the State of Florida
Department of Community Affairs
Federal Emergency Management Agency
Public Assistance Grant
97.036
STATE PROJECT
CSFA
Number
Florida Housing Finance Agency
State Housing Initiatives Partnership Program
52.901
8. The threshold for distinguishing Type A and B programs/projects was $300,000 for
major federal programs and $256,117 for major state projects.
107
CITY OF BOYNTON BEACH, FLORIDA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS -
FEDERAL PROGRAMS AND STATE PROJECTS
Year Ended September 3D, 2004
9. The City of Boynton Beach, Florida, was determined to be a low-risk auditee.
B. FINDINGS - BASIC FINANCIAL STATEMENTS
None
C. FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL PROGRAMS
None
D. FINDINGS AND QUESTIONED COSTS - MAJOR STATE PROJECT
None
E. OTHER MATTERS
1. A Summary Schedule of Prior Audit Findings is not required because there were no prior
year audit findings related to federal progtams or state projects.
2. A Corrective Action Plan is not required because there were no prior year findings
required to be reported under the Federal or Florida Single Audit Acts.
108
..JIII
-
CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A.
CERTIFIED PUBLIC ACCOUNTANTS
WILUAM K. CALER. JR., CPA
LOUIS M. COHEN, CPA
DAVID S. DONTEN, CPA
SC017 D. DRUKER, CPA, JD
JAMES B. HUTCHISON, CPA
JOEL H. LEVINE. CPA
JAMES F. MULLEN, IV, CPA
mOMAS A. PENCE, JR.. CPA
SC017L.PORTER,CPA
MARK D. VEIL, CPA
505 SOUTH FLAGLER DRIVE, SUITE 900
WEST PALM BEACH, FL 33401-5948
MEMBERS
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
TELEPHONE (561) 832-9292
FAX (561) 832-9455
FLORIDA INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
info@cdlcpa.com
Management Letter
The Honorable Mayor and
City Commission
City of Boynton Beach, Florida
We have audited the financial statements of the City of Boynton Beach, Florida, as of and for the year
ended September 30,2004, and have issued our report thereon dated April 27, 2005.
We conducted our audit in accordance with U.s. generally accepted auditing standards and the standards
for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the
United States. We have issued our Independent Auditor's Report on Internal Control Over Financial
Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed
in Accordance with Government Auditing Standards. Disclosures in that report, which is dated April 27,
2005, should be considered in assessing the results of our audit.
Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General,
which require that we address certain compliance and other matters in the management letter, if not
already addressed in the auditor's report on internal control over financial reporting and on compliance
and other matters. In planning and performing our audit of the financial statements of the City of
Boynton Beach, Florida, as of and for the year ended September 30, 2004, we considered the City's
internal control over financial reporting in order to determine the scope of our audit procedures for the
purpose of expressing opinions on the financial statements and not to provide an opinion on the internal
control over financial reporting. While our purpose was not to provide an opinion on internal control,
certain matters came to our attention that we want to report to you. These matters, along with our
recommendations, are as follows.
CURRENT YEAR FINDINGS AND RECOMMENDATIONS
Uncollectible Accounts Receivable (2004-1)
The City does not have a formal policy in place regarding the collection of accounts receivable or the
write off of uncollectible accounts. During our audit, most of the detail subsidiary accounts receivable
listings contained accounts that had receivable balances in excess of 180 days. For example, at September
3D, 2004, the City had unpaid lot mowing and code enforcement related fees that were over one year past
due. In addition, as of September 30, 2004 the fire inspection fees receivable account has approximately
$59,000 of inspection fees receivable that date back prior to September 30, 2003. Individually, all of these
amounts are small. The City should establish a policy regarding the collection and write-off of accounts
receivable, including procedures for evaluating collectibility, use of collection agencies and
authorizations required to write-off delinquent accounts. The policy could include an administrative
109
sign-off by the City Manager and the Director of Financial Services, with a notification to the City
Commission.
Purchasing (2004-2)
During our testing of cash disbursements, we noted one transaction out of our sample of 60 items in
which the City entered into a contract for the purchase of hydrogen peroxide. We noted that the price
being charged per pound was more than the contract price. This resulted in an overcharge to the City on
this invoice of $585. Upon further investigation, it appears that the City was charged the incorrect rate on
all invoices it received. The supplier was subsequently notified and a credit was issued to the City. We
recommend that the City review its policy regarding matching purchase orders and contract prices to
invoices. The system for approving invoices for payment should include a procedure where the
department matches the invoice price to the purchase order or original contract and signs-off as such,
prior to payment by the City.
Investments (2004-3)
The City currently has an approved investment policy. However, the policy has not been revised since it
was originally established several years ago and it does not address all required elements in Florida
Statute 218.415. The missing elements include prudence and ethical standards, master repurchase
agreement, internal controls, and continuing education. We recommend that the City review its existing
policy and Florida Statute 218.415 and amend its policy to encompass all the necessary elements of the
statute.
The City's current investment policy requires a quarterly investment report be submitted to City
management and the City Commission. This was not done during the 2003-2004 fiscal year. We
recommend that this requirement be reviewed and amended to follow Florida Statute 218.415.
Approval of TournaI Entries (2004-4)
We noted that many of the year end journal entries were initiated and posted by an employee in the
Finance Department with no review or approval. While this may be a result of not having an assistant
finance director for almost half of the year, we recommend that someone review and approve all entries
to maintain internal controls over the reporting process.
PRIOR YEAR FINDINGS AND RECOMMENDATIONS
The Rules of the Auditor General require that we address in the management letter, if not already
addressed in the auditor's report on internal control over financial reporting and on compliance and
other matters, whether or not inaccuracies, shortages, defalcations, fraud, and/ or violations of laws,
rules, regulations and contractual provisions reported in the preceding annual financial audit report have
been corrected. Additionally, the Rules of the Auditor General require that we address in the
management letter, if not already addressed in the auditor's report on internal control over financial
reporting and on compliance and other matters, whether or not recommendations made in the preceding
management letter have been followed or otherwise no longer apply. We noted that the comments in the
prior year management letter relating to General Employees Pension Financial Management, General
Employees Pension Plan Cash Disbursements, and Pension Administration were addressed by the City or no
longer apply. The following prior year comments still require further action by management.
General Employees Pension Benefit Calculations (2003-2)
The final benefit calculation containing all pertinent wage information is supposed to be submitted to the
110
actuary for review and approval. Of the 16 new retirees we selected for testing, we noted that 13 of the
retirees had not been submitted to the actuary for review. It is our understanding that all of the
remaining 2004 retiree calculations were submitted to the actuary in March 2005 for approval. We
recommend that the Plan Administrator adhere to the Plan's policy of requiring the actuary to review
and approve all calculations on a timely basis. In 2004, the City took steps to gain control of the
accounting for the Plan. We recommend that benefit payments not be made to retirees until the City has
received the approval of the actuary.
Monitoring Grant Requirements (2003-5)
The City enters into a contract with organizations receiving funds from the City through its Community
Development Block Grant. The agreements generally provide that these subrecipient organizations
provide an audited financial statement to the City within 180 days after the end of the organization's
fiscal year. We noted two organizations that did not submit audited financial statements as required by
their contract with the City and there was no further follow-up to ensure compliance. While this tends to
be a problem with smaller organizations, we recommend that the City review its policy regarding this
contract requirement and consider whether this must be a requirement for smaller organizations that may
not otherwise require an audit. The City should also adopt appropriate follow-up procedures to ensure
compliance with all contract provisions.
OTHER MATTERS
Consideration of Financial Emergency Criteria
As required by the Rules of the Auditor General, the scope of our audit included a review of the
provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with
our audit, we determined that the City of Boynton Beach, Florida, has not met any of the conditions
described in Section 218.503(1), Florida Statutes during the fiscal year ended September 30, 2004, and
therefore, is not considered to be in a state of financial emergency.
Financial Condition Assessment Procedures
In connection with our audit of the City of Boynton Beach, Florida, we applied financial condition
assessment procedures, pursuant to Rule 10.556(8), Rules of the Auditor General, for the year ended
September 30, 2004. The results of our procedures disclosed no matters that are required to be reported.
Annual Financial Report
In connection with our audit, we reviewed the Annual Financial Report of Units of Local Government
filed by the City of Boynton Beach, Florida, with the Florida Department of Banking and Finance
pursuant to Section 218.32, Florida Statutes, for the year ended September 30, 2004. We noted that the
amounts reported in the Annual Financial Report were in substantial agreement with the audited
financial statements for the year ended September 30, 2004.
Investment of Public Funds
As required by the Rules of the Auditor General, the scope of our audit included a review of the
provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. As indicated in
comment 2004-3, we determined that the City of Boynton Beach, Florida, was not in compliance with
Section 218.415, Florida Statutes, because the City's policy does not address several of the elements in that
statute.
111
Budget Expenditures
As indicated in Note 2 to the financial statements for the year ended September 30, 2004, several
departmental expenditure categories exceeded budgeted amounts contrary to Section 166.241(3), Florida
Statutes.
Other Matters
The Rules of the Auditor General require disclosure in the management letter of the following matters if
not already addressed in the auditor's report on internal control over financial reporting and on
compliance and other matters: (1) violations of laws, rules, regulations, and contractual provisions that
have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or
inadequate accounting procedures; (4) failures to properly record financial transactions; and (5) other
inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention
of, the auditor. Our audit as of and for the year ended September 30, 2004 disclosed no such matters that
are required to be reported and are not already addressed in our management letter.
This report is intended solely for the information and use of the City Commission and management of the
City of Boynton Beach, Florida, federal and state awarding and pass-through agencies, and the Auditor
General of the State of Florida and is not intended to be and should not be used by anyone other than
these specified parties.
~I ~I ~I
~/P~~ ~~A.
April 27, 2005
112
The City of Boynton Beach
.
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Finance Administration
Phone: (561) 742-6311
Fax: (561) 742-6316
MANAGEMENT LETTER RESPONSES
Listed below are the City's responses to the audit comments issued in connection with
the City's FY 2003/2004 financial records.
.:. Uncollectible Accounts Receivable
· The City will establish a policy regarding the collection and write-off of accounts
receivable and the level of authorization required to write-off delinquent
accounts. The City currently turns outstanding accounts over to a collection
agency after three (3) month.
.:. Purchasing
· The City will review existing policies and procedures regarding matching
purchase orders and contract prices to invoices.
.:. Investments
· The City will update the investment policy to include all required elements of
Florida Statute 218.415.
.:. Approval of Journal Entries
· The City will ensure that all journal entries are approved by one of the
following: the Director of Financial Services, the Assistant Director of Financial
Services or the Assistant to the Director of Financial Services. If a journal entry
is prepared by one of these three, it must be approved by one of the other
authorized signers.
Listed below is the City's response to the prior year audit findings issued in connection
with the City's FY 2002/2003 financial records.
.:. General Employees Pension Benefit Calculations
· The City will instruct the plan administrator to send all future calculations to the
actuary for verification prior to the disbursement of employee retirement
benefits. No benefit payments will be made to retirees until the City has
received approval from the actuary.
113
.:. Monitoring Grant Requirements
· The City will review this contract requirement and also adopt appropriate
procedures to ensure compliance with this and all contract provisions for those
subrecipient organizations.
rd!~&v4
Director of Financial Services
114
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March ]4,2005 (Noon,) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) r8J June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o
o
o
o
o
o
Administrative 0 Development Plans
Consent Agenda 0 New Business
Public Hearing 0 Legal
Bids 0 Unfinished Business
Announcement r8J Presentation
;'::1
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RECOMMENDATION: Presentation of Certificate of Appreciation to Arleen Dennison in recognition of her many:J:
valuable contributions to the quality of life in the City of Boynton Beach.
City Manager's Report
EXPLANATION: Arleen Dennison has been recognized by the Executive Women of the Palm Beaches, by being one
of eighteen (18) nominees for the prestigious Women in Leadership Award. Arleen was honored for her great work in
the community as the Executive Director of the Boynton Beach Schoolhouse Children's Museum.
PROGRAM IMP ACT:
FISCAL IMP ACT:
AL TERNA TIVES:
Department Head's Signature
~
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
v. ADMINISTRATIVE
ITEM A.
APPLICANTS ELIGIBLE FOR APPOINTMENT 06/21/05
LAST FIRST 1st CHOICE 2nd CHOICE j"I CHOICE APPUCATION
NAME NAME SUBMITTED
Bonagura Robert Building Board of Code Planning & 5/31/05
Adjustments & Compliance Development
Appeals Board Board
Broenig Gerald Planning & Community 4/11/05
Development Board Development
Aaencv
Fitzpatrick Michael Planning & 2/25/05
Development Board
Grcevic Sharon Planning and 12/20/04
Development Board
Hogenkamp Christine Advisory Board on 6/6/05
Children & Youth
Lender Wayne Community 1/28/05
Redevelopment
Aaencv
McMahon James Recreations & Parks Planning & 1/8/05 : I
Board Development
Board -1
Yerzy Richard Building Board of Code 5/9/05 i
Adjustments & Compliance 1
Appeals Board
JAP
6/6/20052:05 PM
S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 06 21.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.l.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 AprilS, 2005
0 April 19, 2005
0 May 3,2005
0 May 17, 2005
March 14,2005 (Noon.)
[8] June 7, 2005
o June 21, 2005
o
o
May 16,2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18,2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
[8]
o
o
o
o
Consent Agenda
Public Hearing
Bids
July 5, 2005 June 20, 2005 (Noon) " )
", ::"~) --J
, ,-:-j-<
'.-"; j
July 19, 2005 July 5, 2005 (Noon) < r:-'~
-~ ... ~-!
-~ ' .
~~a
0 Development Plans ~,- --';
. -
0 ,jr",::. .-; --...;
New Business (~;
0 Legal co
0 Cj ".-nl
UnfInished Business (""")2>
C~: i-'"1"
0 Presentation -,-
8_.1-
May 2, 2005 (Noon)
Announcement
City Manager's Report
RECOMMENDATION: A motion to multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND
EQillPMENT", Bid # 031-1412-05/JA, on an overall basis to the lowest, most responsive, responsible bidder who
meets all specifications with an estimated annual expenditure of: $26.000.00.
CONTRACT PERIOD: JUNE 7, 2005 TO JUNE 6, 2006.
EXPLANATION: On April 20, 2005, Procurement Services received and opened nine (9) bids. It is recommended to
award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were
based on: price, availability and delivery time. In addition to proposing the lowest prices, a catalog discount was
offered from several companies for overall discount pricing. Dominic DeMauro (Warehouse Manager) concurs with
this recommendation per memo attached).
The provisions of this bid award will allow for a one (1) year extension at he same terms, conditions, and prices
subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of
the City.
PROGRAM IMPACT: The purpose of this bid is to establish a source of supply for the purchase of safety clothing
and equipment. Safety clothing and equipment will be ordered on an "AS NEEDED BASIS" and stocked within the
City's Warehouse for the use of various department within the City.
FISCAL IMPACT:
'/Yll/?ft ~
A Istant to Fmance Drrector
BUDGET ACCOUNT NUMBER ESTIMATED ANNUAL
WAREHOUSE .) /J EXPENDITURE
502-0000-141-01-00 _~ $26,000.00
City Manager's Signature
Procurement Services
Department Name
City Attorney / Finance / Human Resources
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
The City of
Boynton Beach
({(
Finance Department
WAREHOUSE DIVISION
RECEIVED
MAY 0 9 2005
TO:
Mary Munro Asst to the Director
Dominic DeMauro, Warehouse Manager fJ#P
FROM:
DATE:
May 9,2005
SUBJECT: Safety clothing and Equipment
I reviewed the tabulation sheet sent from your office. The evaluating factor
used was price, availability, delivery time and warehouse processing time.
My recommendation is a multi award to low vendors.
The purpose of this bid is to supply all departments with safety clothing and
supplies If you have any question please contact me @ 6324.
VENDER ITEM
Bound Tree Medical
7,8
Galls Inc
27,34
Page two
Pro-Am safety
Ritz Safety
Safeco
Safety Products Inc
W. W. Grainger
There was no award on item 35.
'\
1 7,38
2,5,11,13,14,16,17,18,20,21.22,23,26,29,30,33,36
37
1
4,9,24,25,28
3,6,10,12,15,19,31,32
In addition to the over alllow prices the following venders are offering the following
discounts.
Galls
Ritz
Safeco
Safety Products
W.W. Grainger
10% off
30% off
20% off
18% off
10% Off
cc: Bill Mummer, Finance Director
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Submit Bids To:
BIDDER ACKNOWLEDGEMENT
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City): March 18,2005
Bid Title:
Bid Number:
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"
031-1412-OS/JA
Bid Received By: APRIL 20, 20OS, NO LATER THAN 5:00P.M. (LOCAL TIME)
Bids wllI be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time).
Bids will be opened in Procurement Services unless speCified otherwise. Bid receiving date and
time is scheduled for: APRIL 20, 2005, no later than 5:00 P.M. Oocal 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:
Federal lD. Number:
Bound Tree Medical. LLC (limited liability company)
31-1739487
A Corporation of the State of:
Area Code: 800
Area Code: 800
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
Ohio
Telephone Number: 533-0523
FAX Number: 257-5713
P.O. Box 8023
Dublin. Ohio 43016-2023
4/1105
(?~ \.~.~~
Auth . ed Signa
Cathy A. Taynor
Name Typed
-nns PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
18
SPECIFICATIONS
FOR
"ANNUAL BID FOR SAFETY CLOTHING AND EOUIP:MENT"
The purpose of this bid is to secure a source of supply for the purchase of various safety
supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked
within the City' s Warehouse.
The anticipated annual expenditure is $26.000.00.
SpecificationslProposal:
The City will issue an award to a first and second vendor for the duration of the Contract
Period.
Please place an (x) on the blank line next to each item ifa specification is met. If
exception is taken (alternatives), bidder must explain using a separate sheet of paper.
Bidder must submit specifications "check-off' sheets with the proposal sheet in order for
a bid to be considered.
-X- The vendor will provide the City with a Sales Representative and an assigned
account clerk as the City's contact personnel on all matters.
----X- The vendor will indicate the policy for substitutions when unable to provide for
requested brand name products.
-L The vendor will indicate the policy for return items (stocked and non-stocked).
- The vendor is to provide the City with a percentage discount off of the catalog list
price.
- The catalog percent discount applies only to the commodity bid/Safety
Clothing and Equipment.
3
THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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1. CATALOG ITEMS:
nJa % DISCOUNT
A. IT there are Variable Discounts based on Catalog Categories, submit a list by
the categories and applicable percent discount
2. After order received 5 - 7 days delivery
3. PAYMENT TERMS: Discount 0 % by net/30 of the month, to apply on date
of delivery and acceptance of material (i.e., 2% 10th approx., etc.)
_ A catalog (or Price Listing) with the list pricing to be submitted with your
proposal for bid comparison. .
~ Vendors not offering a discount off of catalog pricing will submit a current catalog
(or Price Listing) with prices for comparison.
Bound Tree Medical, LLC
COMPANY NAME
Co~" fi: \0-- <_~
SIGNATURE <r
Cathy A. Taynor
PRlNTED NAME
( 800 ) 533-0523
TELEPHONE NUMBER
Bid & Contracts Manae:er
TITLE
8
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT .
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: C,j.~ t\ \~
NAME SIGNA
Sworn and subscribed before me
this 1st day of Anril
,20 -.J!L
Printed Information:
Cathy A. Taynor
NAME
Bids & Contracts Manaeer
TITLE
~~Dl=-' \""'Qg \'f\Q..I.--l L~''''' Q LL c..
COMPANY
THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
19
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Ple~e 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.
Is your company a Minority Owned Business?
)(
.
Yes
No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
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
MOB -1
Revised 02/22/05
20
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Wh~never 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 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.
r~~ -'1\ ,,:~.. ""
ndor's 'Si ture .
TillS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
21
'\
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 (City): March 18,2005
Bid Title:
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"
Bid Number:
031-1412-05/JA
Bid Received By: APRIL 20, 2005, NO LATER THAN 5:00P.M. (LOCAL TIME)
Bids will be opened and computer tabulated on: APRIL 21,A T 8:30 A.M.( Local Time).
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: APRIL 20, 2005, 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: -' WW, GRAINGER INC. I
Federal I.D. Number: J 361150280 l
A Corporation of the State of: J ILLlNOISE l
Area Code: ~~\.{
Area Code: I)lo (
Telephone Number: loLl 0 - l{ -7> 10 ).-
(p B'1p - (0 ~ h
)~O() JJ _ '("lor j ~tL ^'~~.
lu L <)1- q A.) 1'1" f;;l~~A. r:: 1-3 ~ L{ 0 ~- lP l{ 0 jo
~/ 14 -OA
FAX Number:
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
~~
Authorized Signature
---..
j'l-Hriy\ L_ AI'\6~rS&n
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
18
GRAINGEflJ
\
SPECIFICATIONS
FOR
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"
The purpose of this bid is to secure a source of supply for the purchase of various safety
supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked
within the City's Warehouse.
The anticipated annual expenditure is $ 26.000.00.
Specifications/ProposaI:
The City will issue an award to a frrsta nd second vendor for the duration of the Contract
Period.
Please place an (x) on the blank line next to each item if a specification is met. If
exception is taken (alternatives), bidder must explain using a separate sheet of paper.
Bidder must submit specifications "check-off' sheets with the proposal sheet in order for
a bid to be considered.
~T he vendor will provide the City with a Sales Representative and an assigned
account clerk as the City's contact personnel on all matters.
--X-T he vendor will indicate the policy for substitutions when unable to provide for
requested brand name products.
+-T he vendor will indicate the policy for return items (stocked and non-stocked).
~T he vendor is to provide the City with a percentage discounto ff of the catalog list
pnce.
iT he catalog percent discount applies only to the commodity bid/Safety
Clothing and Equipment.
3
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
GRAINGEt,)
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1. CATALOG ITEMS:
~% DISCOUNT
A. If there are Variable Discounts based on Catalog Categories, submit a list by
the categories and applicable percent discount
2. After order received ~ days delivery
3. PAYMENT TERMS: Discount % by of the month, to apply on date tIItt ~O
of delivery and acceptance of material (i.e., 2% 10th approx., etc.)
~ catalog (or Price Listing) with the list pricing to be submitted with your
proposal for bid comparison.
_ Vendors noto ffering a discounto ff of catalog pricing will submit a current catalog
(or Price Listing) with prices for comparison.
.1 w.w. GRAINGER INC.
COMPANY NAME
~X:-~
SIGNATURE
\Z Ct+h.r ~n L- ~/\ d.trSt9r,
PRINTED NAME
J)- OJ trvULi".;f (llA o-t~ ~.lU ui>-(
TITLE
(qC:;l{ ) ~l.{ lp - l[ ~ ~ ~
TELEPHONE NUMBER
8
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
GRAINGER
'\
ANTI-KICKBACK AFFIDA VIT
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 corporation.
By:
~~-
NAME - SIGNATURE
Sworn and subscribed before me
this ~q day of AM~ L
-
,2 (},')5_
Printed Information:
><\k4~
NOTARY PUBLIC, State of Florida
~A.M,\(tV\ L v.+ J., dUSD(\
NAME
&f)vl{n~ {2i<uf<L <;Ptc;A.L'~f
TITLE
a
~ "OFFICIAL SEAL"
= GLENN A ADAMS
IUJNOI4 COMMISSION EXPIRES 05/14/08
Lv lJ 1--( ~ " V'I/r I XI'" C .
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR P ACI~AGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
19
GRAINGefl~
,.
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.
Yes
~ X ,_
No
Is your company a Minority Owned Business?
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES
NOW
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB - 1
Revised 02/22/05
20
GRAINGfti
'\
CONFIRMATION OF DRUG-FREE WORKPLACE
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 penaltiest hat 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 willn otify the employer of any conviction of, or plea
ofg uilty om 010 contendere to, any violation ofc hapter8 93 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 isa vailable in the employee'sc ommunity 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.
y~Se~
Vendor's Signature
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
2]
GRAINGt:h
'\
GRAlNGER~
f'
W.W. Grainger, Inc.
5959 W. Howard Street
Niles, IL 60714-4089
www.grainger.com
Apri119, 2005
Procurement Services
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
Good Morning:
The following information is to explain the alternatives we will provide:
· When substitutions are needed for products that are either unavailable or
discontinued, Grainger will provide the closest alternative to the original
selection. This price will reflect a similar discount, which is not necessarily
the same price of the original item selected.
· Call you local branch for product return instructions. Proof of purchase will
be required.
· A minimum discount of 10% applies to all safety clothing and equipment, as well
as the entire Grainger catalog.
'\
_R~
~
W.W. Grainger, Inc.
5959 W. Howard Street
Niles, IL 60714-4089
www.grainger.com
April 19, 2005
Procurement Services
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
Good Morning:
The following information is to explain the alternatives we will provide:
· When substitutions are needed for products that are either unavailable or
discontinued, Grainger will provide the closest alternative to the original
selection. This price will reflect a similar discount, which is not necessarily
the same price of the original item selected.
· Call you local branch for product return instructions. Proof of purchase will
be required.
· A minimum discount of 10% applies to all safety clothing and equipment, as well
as the entire Grainger catalog.
'\
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 (City): March 18,2005
Bid Title:
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"
Bid Number:
031-1412-05/JA
Bid Received By: APRIL 20, 2005, NO LATER THAN 5:00P.M. (LOCAL TIME)
Bids will be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time).
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: APRIL 20, 2005, 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: Safety Products, Inc.
Federal 1.0. Number: S Cl- ;:). ~ ~ ~ <6 ~ ~
A Corporation of the State of: 9\() ( ~ dC..L-
Area Code: ~ 103
Area Code: ~8 2>
Telephone Number: lc lo S- 3lo0 \ OV %O()3oG- ~~(PO
FAX Number: I 00-, ~ .33
SAFETY PRODUCTS.1NC.
I! 0. BOX 1_
EATON pARK, fl."".
Mailing Address:
City/State/Zip:
Vendor Mailing Date: Lt.- t q -0 5
:6 (
_.. 1, '1_
. ~ )(YLt.(..l 1) Lu.-,-"
Authorized Signature
Karen Cornelius
:'/
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
18
'\
1. CATALOG ITEMS:
--LZ % DISCOUNT ~e ST ~\ Lun."
A. If there are Variable Discounts based on Catalog Categories, submit a list by
the categories and applicable percent discount
2. After order received ~ days delivery
3. PAYMENT TERMS: Discount I % by \ 0 of the month, to apply on date
of delivery and acceptance of material (i.e., 2% 10th approx., etc.)
l A catalog (or Price Listing) with the list pricing to be submitted with your
proposal for bid comparison.
_ Vendors not offering a discount off of catalog pricing wip submit a current catalog
(or Price Listing) with prices for comparison.
Safety Products, Inc.
COMPANY NAME
,) (\ ~. Ii --
c:J)(}J ~\ \. ) (~~~
SIGNA TORE
-~ 0- J/ -L.v1 t,CH (\ fJl... Us:-
PRINTED NAME
~OI)~,A C-c.ov-
(&0) 3~19 - ~~lPO
TELEPHONE NUMBER
8
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
'\
SPECIFICATIONS
FOR
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"
The purpose of this bid is to secure a source of supply for the purchase of various safety
supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked
within the City's Warehouse.
The anticipated annual expenditure is $ 26.000.00.
Specifications/Proposal:
The City will issue an award to a first and second vendor for the duration of the Contract
Period.
Please place an (x) on the blank line next to each item if a specification is met. If
exception is taken (alternatives), bidder must explain using a separate sheet of paper.
Bidder must submit specifications "check-off' sheets with the proposal sheet in order for
a bid to be considered.
1 The vendor will provide the City with a Sales Representative and an assigned
account clerk as the City's contact personnel on all matters.
V The vendor will indicate the policy for substitutions when unable to provide for
requested brand name products.
~ The vendor will indicate the policy for return items (stocked and non-stocked).
/ The vendor is to provide the City with a percentage discount off of the catalog list
prIce.
vi' The catalog percent discount applies only to the commodity bid/Safety
Clothing and Equipment.
3
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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,
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 corporation.
By:
d-... C\\'u-", r ~~~
NAME - SIGNATURE
Sworn and subscribed before me .
this I C1 day of A r { &. ~
,20 ~
Printed Information:
~eur €..n lev (\ e) ~L.t~
NAME
") .~ C
(:)(\\). Dl. d ~(D(.
TITLE
',-
Safe~ Produots, fnc..
COMPAN
...~~~~ June Wetherbee
{,:rli.\i: MY COMMISSION # 00174007 EXPIRES
~'~~"f December 26, 2006
"'~,9'" :.:~., BONDfn TH~J T~"V FAIN INSURANC~ INC
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
19
\
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.
Yes
c~.
No
Is your company a Minority Owned Business ?
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
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
MOB - 1
Revised 02/22/05
20
\
CONFIRMATION OF DRUG-FREE WORKPLACE
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 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.
<~ffi.'W-, lJn-<-~~
Vendor's Signature
THIS PAGE TO BE SUBMI'ITED ALONG WIm PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
21
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 (City): March 18,2005
Bid Title:
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"
Bid Number:
031-1412-05/JA
Bid Received By: APRIL 20,2005, NO LATER THAN 5:00P.M. (LOCAL TIME)
Bids will be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time).
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: APRIL 20, 2005, 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.
Area Code:
cc\~
CO (3)
<)A F€ GO 1J:Y1(.,
S"7~. 05~'45D
S6l Jt\. CaJo 1 i n ~
Telephone Number: ~ C-- 7 ~ 10L\ b
~?-7~ Cf70D
4 B(o(o [u.rri t./ Lxiv\) '1\ \.) n Vc
-IC\. tlA(JiA j( L 5'301 <1,
~//Lt Jb5
Name of Vendor:
Federal 1.0. Number:
A Corporation of the State of:
Area Code:
FAX Number:
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
~~~
&,tU1 74lhV
N e Typed
THIS PAGE TO BE SUBMI1TED ALONG WITH PROPOSAL
18
1. CATALOG ITEMS:
d. D % DISCOUNT
,
A. If there are Variable Discounts based on Catalog Categories, submit a list by
the categories and applicable percent discount
2. After order received 5--, days delivery
3. PAYMENT TERMS: Discount () % by "3 D of the month, to apply on date
of delivery and acceptance of material (i.e., 2% 10th approx., etc.)
~ A catalog (or Price Listing) with the list pricing to be submitted with your
proposal for bid comparison.
_ Vendors not offering a discount off of catalog pricing will submit a current catalog
(or Price Listing) with prices for comparison.
SA Ft:C 0 j --:(/lL ,
COMPANY NAME
~~)
~ Zu..hef
P D NAME
/l rrl j J-&U11
TITLE
(BOD) Dj/d--33 ~(O
TELEPHONE NUMBER
8
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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f;r,;,
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 corporation.
By:
~ ~./
'~f/ 0 ~
N ,/' - SIGNA
Sworn and subscribed before me
this I c.f day of ~,20
~
Printed Information:
~, tIC 2ad-e-r
NAMEV'
~~
MY PUBLIC, State of orida
at Large
~6\--
TITLE
~~
-
,,\\\Hi~I~~~"11' '. _
/:~).;.:::..~;:~ OI-HC1AL SEAL
~~( ~ OJ;1 Rhonda Rogers
V,.~~~~ 00# 074470
~" 01' f\. ", M' C 'Ex
"""'\11"" ,y ommlSSlon ,pIres Nov, 27, 2005
~'FECo, -S:-~c:::..-
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
19
\
CONFIRMATION OF MINORITY OWNED BUSINESS
Pn
mc
BCl
Sel
we
pn
prl
A requested form to be made a part of our files for future use and wormation. 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.
X
Is your company a Minority Owned Business ?
Yes
No
If Yes, please indicate by an "X" in the appropriate box:
1)
4
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
2)
3:
Do you possess a Certification qualifying your business as a Minority Owned Business?
NO/r
YES
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITfED ALONG WITH PROPOSAL
MOB -1
Revised 02/22105
20
.
.
.
9866 Currie Davis Dr
T-., Fl33619
\
S. A TIIJ',C' ..0....... ..cJN'" .' 'C';" .
....i_,.'~',::U_,__,'.';,_;,/-.;" ,:,:-:~-::,'-.'-':'-: '~':<;'.;;'-"";'.,_-:.':L':"-
April 14, 2005
Purchasing Dept
Bid Process - Gloves
As part of our bid for your safety items SAFECO has to include the following
addendum with our bid. In the past few months SAFECO has received letters from most if
not allofour glove suppliers regarding the pricing of gloves both leather and non leather.
With_cost of leather, PVC resin, plasticizers, energy costs (coal, on) and insurance
costSri$iQj~t ~rd levels price increases are happening at very frequent intervals. Our
sup guaranteeing prices beyond the immediate order being placed at
will do everything we can to hold prices steady or limit the increases
<i". as possible but we cannot at this time guarantee glove prices for the
~tract. SAFECO will still quote gloves but we need to state that the prices
are no . teed for any length of time. In case a price increase is needed SAFECO will
p~t~~~umen~oo~~~~~umen~~~~has~~
an~"~ir" ..\flu only go up the amount of the price increase with no profit added to the
pri~;mcrease. SAFECO values your business and trust, which is why we wanted to make
you aware of this change in the market place to avoid any misunderstanding in the
future.
Thank You
Jim Scelfo
Director ofIrgmy Preventation
.......................
Submit Bids To:
BIDDER ACKNOWLEDGEMENT
\
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City): March 18,2005
Bid Title:
Bid Number:
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"
031-1412-05/JA
Bid Received By: APRIL 20, 2005, NO LATER THAN 5:00P.M. (LOCAL TIME)
Bids will be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time).
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: APRIL 20, 2005, 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:
Federal lD. Number:
VbC ~,(l.~.... )"0 A"D $A-FF'N $""'1-"1 ol-!/t [('7<2- s"PE"Tf
3'-1,"1'-10<7/
A Corporation of the State of:
----bf -1iC/> a..
\\5\ N. ~c)""ia..",-"f R.oIrD
Jo~~,..,o l?'t'~\\ , rl ~3 o"~
Vendor Mailing Date: ~'f ql~/~ ---P
~l!lMe
L ~ 1'1 Ii ge Co l..-
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
Area Code:
<15'1
'SY
Area Code:
Mailing Address:
City/State/Zip:
cO,ho
Telephone Number:
""7' - ~/7b
FAX Number:
18
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SPECIFICATIONS
FOR
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPl\1ENT"
The purpose of this bid is to secure a source of supply for the purchase of various safety
supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked
within the City's Warehouse.
The anticipated annual expenditure is $26.000.00.
Specifications/Proposal:
The City will issue an award to a first and second vendor for the duration of the Contract
Period.
Please place an (x) on the blank: line next to each item if a specification is met. If
exception is taken (alternatives), bidder must explain using a separate sheet of paper.
Bidder must submit specifications "check-off'.sheets with the proposal sheet in order for
a bid to be considered.
~ The vendor will provide the City with a Sales Representative and an assigned
account clerk as the City's contact personnel on all matters.
~ The vendor will indicate the policy for substitutions when unable to provide for
requested brand name products.
~ The vendor will indicate the policy for return items (stocked and non-stocked).
l The vendor is to provide the City with a percentage discount off of the catalog list
pnce.
~ The catalog percent disconnt applies only to the commodity bid/Safety
Clothing and Equipment.
3
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
1. CATALOG ITEMS:
;0 % DISCOUNT
,
A. If there are Variable Discounts based on Catalog Categories, submit a list by
the categories and applicable percent discount . .
2. After order received -L days delivery
3. PAYMENT TERMS: Discount % by of the month, to apply on date
of delivery and acceptance of material (i.e., 2% 10th approx., etc.)
'f. A catalog (or Price Listing) with the list pricing to be submitted with your
proposal for bid comparison:
- Vendors not offering a discount off of catalog pricing will submit a current catalog
(or Price Listing) with prices for comparison.
l< 17 2. S""ye T1
COMPANY NAME
L-EN ~ "gELL
PRINTED NAME
G f' tV € Il~ L. (\')A f\lM E f1..
TITLE
(o,fY) 97/- 317",
TELEPHONE NIDv.fBER
8
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
\
ANTI.KlCKBACK 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 corporation.
- SIGNATURE
Sworn an!Lsubscribed before me
this d- 0 day of ~(J I/' L l
,20 0 r
Printed Information:
L~~tlfrttt) r. ~l ~J Or
NAME
~",-I V\6J'Y^':\rr
~. ).~...~........--
TARY PUBliC, State of Florida
at Large let-"",...... €... +- e ,/Vl ---<L S' )" \____
J~,I +"1... ~CrJ~ *'-r
COMPANY
,;,'\";~;:ii,. Annette Messina
::':;,~\/<z:-.,;. Cnrnmi5Sian# DO 047411
~';~Zl~~,};j uEXP~~~Jn:~
";:~;.roT\{\'!"';",, "tJ,mtic 130nding Co... J:tt;;.
~i-1Hi\ " .
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WIlli PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
19
\
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Ple~e '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.
~
Is your company a Minority Owned Business?
Yes
No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
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
MOB -1
Revised 02/22/05
20
"\
CONFIRMATION OF DRUG-FREE WORKPLACE
.
Preference shall be given to businesses with drug-free workplace programs. Wh~never 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 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 th
the above requirements.
plies fully with
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLElE AND ACCEPTABLE
21
\
4/19/05
RETURN POLICY
Ritz Safety offers the city of Boynton Beach a No Fee return
policy. Please follow these steps in order to insure these
returns are processed quickly and efficiently.
1. Obtain an RMA # from your Account Representative.
2. Return merchandise to Ritz Safety with RMA #on all
paperwork.
Ritz Safety will accept returns on all normally stocked items
provided it is unused and in resalable condition. Return
transportation costs are the responsibility of the City of
Boynton Beach.
1851 Powerline Road. Pompano Beach, FL 33069. Phone (954) 971-3176. Fax (954) 971-1272
\
4/19/05
Key Contacts:
We are please to announce that Don Scott "Bones", has
been assigned as your outside sales contact for the duration
of the bid. Don Scott has over 6 years experience in the
Occupational Health and Safety field and will be available to
assist with any safety related issues. He may be reached at
the following numbers.
Office: 954-971-3176
Fax: 954-971-1272
Cell: 954-914-9265
Email: Don.Scott@ritzsafetv.com
In addition, Michelle Star will assist as your inside account
representative. Michelle has over 11 years in the
Occupational Health and Safety field. Michelle can be
reached at the above numbers.
Email: Michelle.star@)ritzsafety.com
1851 Powerline Road. Pompano Beach, FL 33069. Phone (954) 971-3176. Fax (954) 971-1272
\
4/19/05
Substitution POlicy:
Ritz Safety will not substitute any product without calling the
city of Boynton Beach for approval.
1851 Powerline Road. Pompano Beach, FL 33069. Phone (954) 971-3176. Fax (954) 971-1272
B'Dnb ACKNOWLEDGEMENT
,
Submit Bids To:
PB.OCURBMENT SERVICES
100 E. Bo>uton Beam Bou1e\lafd
P.O. 80;1' 310
Boyntort Beach, florida' 334:25-0310
Telephone; (56 I) 742-6322
Broadcast Date (City): Maft:h 18,2005
13id Title:
"ANNUAL BID FOR SAFETY CLO'l'B1NC AND E~
f;}id Number;
03 t..141%--OSl.JA
Bid R.eceived By. A'Pfm.18, ~ NO LATh l1lAN S;8tQl'.M. (LOCAL T~)
Illds "UJ be opeaed and ~t" fa""'" ani APRIL ZI, AT 8:.38 AM. (LoqJ Tbbe).
Bid$ will b~ opened in Procurement SeMGeS unIeaa specl1ied otbeJwise. Bid receiving date and
time is scheduled tor; A:PJUL 20. ~ -later daa 5:00 1'M. (lood fi_> and may not be
withdrawn within I'.liucty (90) days attu- Stlch date and lime:..
All aw~na mMe aq. a remilt of this bid shall COlIb:m to appliC3ble seetioa.s of the cha:der and
codes of the City.
Name of Ver4oor:
erO-Am S~fcty. J"c.
l'e&!rnl 1.0. Number:
Z5..1421246
-
A COtptmlnon of~ State or. P Q n n ~ y 1 va" i i\
T~Number: A51-Z477
FAX N1uI:tber: 7) 6, -1.. ~6 3
A te.1 Code: ._ tl Q ()
An.-a Cod(: 7 2 .4
Mailing Address:
~1 K4Yft~~A DrivA
C ity/StlteiZip;
.Jt.ar~~nthlP. PA 15086
Vo%!a.or M3ifing Date: -1...,. 1 A ~ 05
/Jy ~/~
Oflzcd SfBnii <
_D,," W;nfrp~
Name Typed
nns PACE TO 81; SlJBMtrrED ALONG WITH bOPOSAL
18
,
SPECIFICATIONS
FOR
"pJN"UAL BID 19.. SAlfTrY C~HlNO AND'EOVIPMENr
The purpose of this bid is to secure a $OlUCe of Sllpply for tho p1itQbasc of various S3fety
stJpplies.. Safety suppliea will be oIdered 011 an "AS NEEDf;O BA8:rsn and stocked
within the City's Warehouse.
Tile anticipated 3:nnual expeadilUrc is S ~
SpeeifteatiohslProposaJ:
Thv City will issue an ilWard to a first and Sec:oed. Yebdor for' the datatioa of the Contrad
Period_
.Please place aa (x) Oft the blank line next to each iteQ:t if .a iSJ,leQ.ficJItion fs met. If
exception is taken (altematives). bidder tnusl t:xplabJ lI$Uag a sepa:nue sheet at paper.
Bidder must submit specifieations "clldc;-off" sheets wIth the proposal sheet hi order for
a bid to be considered.
-L Tht:. ve.ooOl' will provide the Citywitb a Sales ~ Ad -a5$ipcd
accounf ~ as the City'. coutact ~l OIl aU DJIItte,rs.
-J. ~ The vendor will indicate the policy fot substitutions when unable to provide fbt
requested brand name PJOducts.
-....L~ lac: \'eQOOr will indie.te the policy lot reIutn itans (stocbd and JJOrl-Stoc:kcd).
--- The vendor is to provkJe tb.e City with a percenlage discount off of the caf.3Jog Jist
pri~.
---- The e.ataJoa pel"eeDt dikotlat Wiles oldy fo the coJlllllOdity bidiSaCety
ClMlafng ..... I'.qllip_eftt.
3
TillS PACt; 10 BE SV8M1'l"no A.l.ONG Wl11I JW)POs.U.IN 0ItDEIt
"'Oft 8m PACJUlCETOIIE~CONn&D:AMJACCE"AIlLE
,
INDlJSlfllAL SAFETY PRODUCTS
April J S, 2005
Pro-Am Safety. fnc. docs not have a Current prinred catalog. Therefore we cannot comply
w11h n:"qu~s( under llumbcr tb.cc~ p.1.g~ g in bid propos...}.
------------
Thom Hill fndvslrfaJ Park Ii 551 Keystone Drive /l; Warrendafe, PA 15086 .. (724) 776-1818
"VISIT I./S ON THe tNTEnNEr" INTEf'lNET: http;/lwww.pro-am_com . E-MAIL: tnfo@pro-am.com
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1. CATALOG ITEl\fS:
___% DISCOUNT
\
A- If there an: Variablo Discounts based on Catalog C.ategories, submit a list by
the categories and applicable l*Cent discount
2. After order received! 0 - 1 ~ days ddive1)'
3. PAYMENT TEllMS: Discount _ 1 .% by ..!- 0 t Ii ot the month, to apply on date
of delivery and ~tance of ID4terial (i.e.. 2% fOrti. JPP1.'OX.. etc.)
--- A catalog (or Price Ustiag) with the list prichlg to 00 sDbmitted with )'OUt
proposaJ for bid comparison.
-~.-..... V cndoT$ not offeriDg a disct)_ off of catalog ))ficin! will submit a eum:at catalog
(or Price Listing) wit. prices for comparison.
LJUul..}-.l..1ll: ? Il 7 1
l"ELEPHONF. 'M.1M.8E.R,
..-f'.r.0-....1I..m.....S..a_u...t..y . 11U:_____
. COMPANY NAME
8
'l'''U.3l" AG;lt TO BE Sll"8all'lTED ALONG WI1'Il PROros.,u.lH 0RJlI:R.
FOllllfO J'AC'KAGItTO" CONSmQED CCJMPU1'EAND ACCEPTABlE
" , )'l"'rr" -C.l. ~ C<'l1Q:> L,:i : "'~ FRCW'l: PRO AM
S137S2B778
TQ:17247762263
P.19
\
ANTI-kICKBACK API-lDA V1T
STATE OF FLORIDA )
~~rom'tSlt- : Ss
COUNJ'Y OF'P-A~, 'Elt:. 1 )
J, the wlde:rsigned hereby duly SWOm" depose and say &hat no portion of the sum herein bid wiU
l~ paid to ..ny employees of the City of BO)'Dtol1 Beach ~ 3 eonuni.ccio~ l:iclcback. IeWard of
gIft. directly or indirectly by me or any member of nty firm or by an offite:r at the c:orporation.
By:
S'~\.lm f~ subscribed before me ... \
flus day of f\9\\
.20 aJ:i...
Printed Information:
7)at1)e! (! Ct J j" f'^~
NAME /
f1o..- (1 I~ /7117'--
TIlT.E J
..~~~.. Dorothy L. Rogers
* ~ * Notary P~Uc:. Stale of FIot1cM
#- ~.,. My CommIssIOn ExpIrn: AprI22,2OO(
~"".' .\,..,. Commission Number: DD2OI933
ffi-.14tS~-f ~
COMPANY
"Of'FlCIAL NOT My SEAL" S'fAMP
nns PAGE TO .Ii'. S1l8"'n'1UJ ALONe WITH PROPOSAL IN 0JmEJt
},,()R. :PACK.t~ TO BE CONsJDhED COMPI.I:'rE AND A.CCEPrABLE
19
\
CONFJJl.MAnON OJ' MINORITY OWNED BUSINESS
^ teql~Sted tbnn to be made II part of our files for future use and information. Pbse fin out and
indicate in the ~ spacea provided whida categOry beat dcseribes )'OUt compmy, R.etum
this form Wjth your bid proposal sbeet making it an official part of your bid. re5po1lSe.
Is your company (l Min-oriey Ownsd Business ?
Yes
----L~
No
JfY c.'J~ plel:lSc indicate by nn "'X" in the appropriate bo!::
( ) AMERICAN INDIAN
( ) ASIAN
l ) BlACK
( ) HtSPANIC
( ) WOMEN
( ) on-rna
(specify)
( ) NOT AP.PLICA.BI..E
Do you possess a Certification qualifying your business as a Minority Owued Business?
YES NO X
If YES. N &me the Orgsnization .&om which this cr:tt:ific;atiOR was obtained and date:
lSsl';"ing Organization for CertifiCSDon
r __
t)~-;;tC~iiiCittiol;~--
nns PACE TO 8E st.TBMln'En ALO.NG wrm PIlOPOSAL
MOa-t
R.t"'l~d &21l2/05
20
M~iR-'21-2011.'5 13:H3 FRD/'1:PRC) AM
8137528778
TD:172<17762e63
p.e1
\
CONFfR.MA nON OF DJurc..FREJl: WORKPLACE
Pl"Cfc1"encc s!-.all be given to businesses with drug-free workplace progrmns. Whenever two or
marc bids which nre equal with respect to price, quality, and $CtViec arc received by the City of
.B.;lyntollllf.lach or by mlY polifical subdivision for rhe procurement of commodIties or COrl~1
t:{'rvicoo, Q bid f'Cc!;ivcd t'h:l.tu a business that ~rtifJeS that it hus implemented a drug-tree
W;)rkpJliCc }>IOgratn shl'lU be given preference in the award process. EUahIiched procedures for
prDcessing tie bids will be folIowed if none of the tied vendors have a dntg--fi'ee worlq:tlnce
IH'('.gtam. III order 10 have a drug-free wo:tipJace program, a business shaU:
1) Publisb a statement noti1)ing Clt1ployecs thl1t tlae unlawful manufacture. distnbution,
di~~llsing, possession. or use of II controlled !'.~ is prohibited in the wotkpbK:c and
specil}1ng the actions that wilt be Ween asaid.li>t cmpJo~ for- violatioos ofsucb prohibition.
2) Inform employ,"cs about the dange.rs of d:rug abuse in the workplace, the business's policy of
rnaintninill: a dru.g~ftee workplace. any" avftilablc drug COUDsCIma, rchabilrnmon~ and
crnployoo assistance programs, ad the penalties tfmt ma.y be imposed upon employees. for
t1rug abuse violations.
3) Give each ernpIG)'l.,'e enga,ged in providing 1Jw commodities or COntractual services that are
und~.r bid a copy of the stafcmcnt ~jfi~ in subsection (I).
-1) In the &t.atement sp~ified in snbsection (J), notify the employee ihat,. as a condition of
\~'Orking on rhe oornmoditb or coatractual servie~ 1Dat are under bid, the empJo,ee will
a bide by the tenns of tbe SIati:meAt nDd win notiJy the employer 0.( ;my c:onvictioa &f,. or plCJI
of CUilty or 0010 contendere to. any violation of Chapter 893 or of any ~troUcd substaucc
l,'lw of tbe United Slates or any state, for a vioJaticn oecmrlng i.n the wor~ no Jarer tba.n
flw (5) days .uler such OOllVtetlO!).
~} Imposa II. sar.etion on, or require the satisfactory pllrtieipation in a drag abuse assistanee or
1 ch..lbilitatiOfJ program if SU(!h is nVAflabtc in the employee"s community by, any enJpJoyee
who is so convicted.
6) M.l!k~ a no.od faith effort to continue to maintain a drng.fi-ce 'Workplace through
iml)l~me,nmi()ll of this s...'etion,
As tAof.' penon ..utkrUre4 tit Qp fhf lfatenttllt, I certify fhat dais firm colnpJla fQ II
tlt.'b.v..~__ -Ia(JY (l a:. 9')
Vendor's SJ ture
.(,".fI1S i'AGE TO 81: SlJ'BMJ1TJ:n ALONe Wml PROPOSAl. IN O_BEIt
"'OR PACKAGE TO BE CONsmI:Jtm C01lO'I.lnI;.AND ACCEPT ABl.E
21
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 (City): March 18, 2005
Bid Title:
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"
Bid Number:
031-1412-05/JA
Bid Received By: APRIL 20, 2005, NO LATER THAN 5:00P.M. (LOCAL TIME)
Bids will be opened and computer tabulated on: APRIL 21, AT 8:30 A.M. (Local Time).
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: APRIL 20, 2005, 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.
Area Code:
WJO
<%'-11
bcUS '-rn G
CJS - 3()~ ~~k ~
~exr-\-u cKy
Telephone Number: <6, 1(0- i..\)' \.\ ~
9\l\ - :)SS'=1-
d (D ~b ~~\ UJYY\\^b '\j r
lei, v'\~\v n ,K i t\- DSO <9
,_\
FAX Number:
Name of Vendor:
Federal LD. Number:
A Corporation of the State of:
Area Code:
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
18
\
SPECIFICATIONS
FOR
"ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"
The purpose of this bid is to secure a source of supply for the purchase of various safety
supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked
within the City's Warehouse.
The anticipated annual expenditure is $ 26.000.00.
Specifications/Proposal:
The City will issue an award to a first and second vendor for the duration of the Contract
Period.
Please place an (x) on the blank line next to each item if a specification is met. If
exception is taken (alternatives), bidder must explain using a separate sheet of paper.
Bidder must submit specifications "check-off' sheets with the proposal sheet in order for
a bid to be considered.
~ The vendor will provide the City with a Sales Representative and an assigned
account clerk as the City's contact personnel on all matters.
~ The vendor will indicate the policy for substitutions when unable to provide for
requested brand name products.
+- The vendor will indicate the policy for return items (stocked and non-stocked).
L The vendor is to provide the City with a percentage discount off of the catalog list
pnce.
_ The catalog percent discount applies only to the commodity bid/Safety
Clothing and Equipment.
3
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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\
1. CATALOG ITEMS:
~% DISCOUNT
A. If there are Variable Discounts based on Catalog Categories, submit a list by
the categories and applicable percent discount ·
2. After order received In - 10 days delivery
3. PAYMENT TERMS: Discount % by ~vti of the month, to apply on date
of delivery and acceptance of material (i.e., 2% 10th approx., etc.) I0C,'\ 30
_ A catalog (or Price Listing) with the list pricing to be submitted with your
proposal for bid comparison.
~ Vendors not offering a discount off of catalog pricing will submit a current catalog
(or Price Listing) with prices for comparison.
b~\\S'\,'{)G
COMPANY NAME
~~
NAT
\2>f\'~C G,c~AJYJ
PRINTED. tAME
\f\C\J\:?Ctf~ Qc c'\Af\~
TITLE \-
('?to ) ~1t.cr Lt') ~'L..
TELEPHONE NUMBER
8
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
\
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 corporation.
~~
By:
Sworn and subJlcribed befOr~ (
this (tift.. day of nN
,20 ~
tuJi-J. L.
~OTARY~ PUBLIC, Slate t;lonc:Ia
-alLarge . ~U.+ ~LLr
"&-f r- -- ~ (r-() (.
Printed Information:
=r d'Y"l':ll a Gra.\'YCm
NAME
\"\5\f\cQed A:cov {\ \:\
TITLE ~
Ga-\\s~L
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
19
\
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.
Yes
X
No
Is your company a Minority Owned Business?
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
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
MOB - 1
Revised 02/22/05
20
't
CONFIRMATION OF DRUG-FREE WORKPLACE
.
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 employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (I).
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.
~~(j~
Ven 's Signature
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
21
cr
VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April S, 200S March 14, 200S (Noon.) 0 June 7, 200S May 16, 200S (Noon)
0 April 19, 200S Apri14,200S (Noon) ~ June 21, 200S June 6, 200S (Noon)
0 May 3, 200S April 18, 200S (Noon) 0 July S, 200S June 20, 200S (Noon)
0 May 17, 200S May 2, 200S (Noon) 0 July 19, 200S July S, 200S (Noon)
NATURE OF
AGENDA ITEM
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
L_
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RECOMMENDATION:
Motion to award Bid #019-2821-05/CJD, "INCA STORM WATER MANAGEMENT
IMPROVEMENTS AND WATER MAIN REPLACEMENT PROJECT", to Ric-Man
Construction, Inc. d/b/a Richard Mancini Equipment Company, and execute a contract by
resolution in the amount of $ 4,130,907.00. Also, approve an owner's contingency of 15% in the
amount of$ 619,636.00 for a total project budget appropriation of$ 4,750,543.000.
EXPLANATION:
The Intracoastal Waterway borders the Inlet Cove Neighborhood Association (INCA) project on
the east, causing nuisance flooding from storm events, tidal influences and fluctuations. To make
improvements to this area, permits have been obtained from South Florida Water Management
District (SFWMD) and the U.S. Army Corp of Engineers (USACOE). The extensive permit
requirements of both agencies will be met throughout construction to maintain compliance
regarding storm water drainage, wetlands impact and mitigation and protection of the surface
waters of the state.
Construction for the INCA project includes storm water management with the installation of four
(4) detention ponds, drainage pipe, pollution control devices to prevent untreated storm water
drainage into the Intracoastal Waterway and a storm water pump station complete with
emergency power supply.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
As part of the storm water management improvements, all of the roadways within the project area
will be re-constructed, sidewalks will be replaced and/or extended and new street lighting will be
provided. Water main replacement includes replacement of water main piping, fire hydrants and
water service connections. Additionally, there will be limited replacement of sanitary sewer lines.
Originally, this project included a second area referred to as North and South Roads. However,
due to a utility easement conflict, the North and South Roads portion of the project was deleted
from the bid package; the Engineer's estimate was adjusted to account for the deletion of this
work.
PROGRAM IMPACT:
The INCA project is geographically located and/or bounded by NE 7th Avenue on the south, NE
10th Avenue on the north, US 1 on the west and NE 7th Street on the east.
Six (6) bids were received and opened by Procurement Services on March 22, 2005. Copies of the
bid proposals were submitted to the Utilities Department and Camp Dresser & McKee (CDM) for
review and evaluation. Due diligence and reference checks were performed on the apparent low
bidder and favorable responses were received from all parties including Deerfield Beach where
Ric-Man is currently working on a project (now at 80% complete). Ric-Man has also performed
successful storm water and water main improvements/replacement projects in the past.
FISCAL IMPACT:
Funds are available as follows:
Account Number
Project Number
401-5000-590-96.07
401-5000-590-96.02
403-5000-590-96.04
STM021
WTRl16
SWR107
Bid Contract Amount
15% Contingency
Total Budget Appropriation
$ 4,130,907.00
$ 619,636.00
$ 4,750,543.00
To assure that this bid represented the best value for the City, the Utilities Department conferred
closely with our Consultant and compared several historical and current commodity prices for
items such as reinforcing steel, concrete and C-900 (PVC) pipe. Since 2003, the cost of reinforcing
steel has risen 55% and the cost of structural concrete has risen 23%. Additionally, the cost of C-
900 pipe has risen more than 12% in the last six (6) months (see Attachment #1).
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
cr
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
We concur with CDM and recommend awarding this contract to Ric-Man Construction, Inc.,
d/b/a Richard Mancini Equipment Company as the lowest, most responsive, responsible bidder
who meets all specifications and whose bid is in the best interest of the City. Contractors are not
required to hold bid proposal prices beyond 90 days from the bid opening date; the expiration
date for this bid was June 19, 2005. Ric-Man Construction agreed to extend his bid proposal
through July 15,2005 (see Attachment #2).
The Utilities Department applied for and received approval of a $500,000 grant from the Lake
Worth Lagoon Partnership Grant Program for storm water improvements funded by the
Department of Environmental Resources Management. The grant agreement was approved by
the City Commission on August 19, 2003, Resolution R03-140. The City must verify $900,000 in
matching funds to receive the grant funding.
ALTERNATIVES:
The INCA project will provide a better quality of life within the community and prevent further
nuisance flooding and provide improved water services. The area will be enhanced with street
lighting installation, new roadways, and wetland mitigation and protection.
At the City's request, our Consultant performed an informal Value Engineering (VE) exercise
with regards to the street lighting. This is a fairly complex issue involving the photometries of the
specific fixtures and their spacing and power needs. The informal VE indicated that there may be
a potential, overall cost savings of $80,000.00 if the City were to select a less expensive light pole
and fixture. However, the change would require a post bid negotiation with the Contractor and
could impact the FP&L power supply and transformer (see Attachment #3).
Permitting by SFWMD and USACOE exceeded 550 days and it is important to move forward with
Z~Ol:~
~ ~-:'n~" I ~sner,
Director of Utilities City Manager
Utilities Department
Department Name
City Attorney / Finance / Human Resources
Attachments
be: Kofi Boateng, Director of Utilities
c: Paul Fleming, Sr. Project Manager
Barb Conboy, Manager, Utilities Administration
Procurement Services
PMT File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R05-
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE AWARD OF
6 BID #019-2821-05/CJD TO RIC-MAN
7 CONSTRUCTION, INC., D/B/A RICHARD MANCINI
8 EQUIPMENT COMPANY, FOR THE INCA STORM
9 WATER MANAGEMENT IMPROVEMENTS AND
10 WATER MAIN REPLACEMENT PROJECT IN THE
11 AMOUNT OF $4,130,907.00, PLUS AN OWNER'S
12 CONTINGENCY OF 15% IN THE AMOUNT OF
13 $619,636.00 FOR A TOTAL PROJECT BUDGET
14 APPROPRIATION OF $4,750,543.00; AUTHORIZING
15 THE CITY MANAGER TO EXECUTE CONTRACT
16 DOCUMENTS; AND PROVIDING AN EFFECTIVE
17 DATE.
18
19 WHEREAS, six (6) competitive bids were received and opened by Procurement
20 ervices on March 22,2005, for the INCA Storm Water Management Improvements and
21 ater Main Replacement Project, and together with Camp Dresser & McKee, staff is
22 ecommending the award to Ric-Man Construction, Inc., d/b/a Richard Mancini
23 quipment Company, as the lowest, most responsive, responsible bidder who meets all
24 pecifications.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
27
28 s being true and correct and are hereby made a specific part of this Resolution upon
29 doption.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida,
31 ereby approves the award of Bid #019-2821-05/CJD to Ric-Man Construction, Inc., d/b/a
32 ichard Mancini Equipment Company for the INCA Storm Water Management
:\CA\RESO\Agreements\Bid Awards\Award of Bid - Ric-Man (INCA).doc
Improvements and Water Main Replacement Project, and does hereby authorize the City
2 anager to execute a contract in the amount of $4,130,907.00 plus an owner's
3 contingency of 15% in the amount of $619,636.00 for a total project budget appropriation
4 of $4,750,543.00, a copy of said Contract is attached hereto and made a part hereof.
5
Section 3.
That this Resolution shall become effective immediately.
6
7
PASSED AND ADOPTED this
day of
,2005.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 TTEST:
26
27
28 City Clerk
29
30 (Corporate Seal)
31
32
33
34
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Ric-Man {INCA).doc
CDNI
ATTACHMENT 111
1601 Belvedere Road, Suite 211 South
West Palm Beach, Florida 33406
tel: 561 689-3336
fax: 561 689-9713
May 26, 2005
Mr. Kofi Boateng
Utilities Director
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
Subject:
INCA (NE 7th StreetjNE 10th Avenue) Stormwater and Water Main System
Improvements - Pump Station Cost
Dear Mr. Boateng:
In response to the City of Boynton Beach's concern related to the difference between the
Engineer's Estimate and the lowest bidder for the INCA project, there are a few things that we
need to take into consideration as follow:
.
The Engineer's Estimate was 8.8% lower than the lowest bidder. This 8.8% difference
is well within the industry's acceptable limits of an estimate. The Engineer's Estimate
is a tool to evaluate the appropriateness of the bids.
.
The contractors prepare their bid base price based on actual prices they agree upon
with their vendors, suppliers and subcontractors.
.
The Engineer's Estimate is based on average prices from published market prices
databases. These databases prices are usually older compared to the prices the
contractors obtain from vendors and suppliers, therefore it is expected to see a
difference between the Engineer's Estimate and the contractor's bid price.
.
The difference between Engineer's Estimate and bid price has been accentuated
because the prices for the materials in the construction industry have been changing so
drastically and the database of construction prices can become outdated in one week.
.
The main difference between the cost of items in the Engineer's Estimate and items in
the lowest bidder was the cost for the pump station. This discrepancy can be
attributed to the fact that the cost of steel and concrete have increased significantly.
.
From 2003 to 2004 the price of steel increased by 42% and from 2004 to 2005 it
increased by 13%. From 2003 to 2004 the price of structural concrete increased by 23%.
N:16276\WLB2391.doc
consulting. engineering. construction. operations
CDM
ATTACHMENT #1, PAGE 2
Mr. Kofi Boateng
May 26, 2005
Page 2
.
For the City's construction budgeting purposes it is advisable to add a contingency
beyond the construction cost specified by the lowest bidder to account for unforeseen
conditions encountered at the site during construction.
.
The contingency amount is related to the complexity of the project and for the
presence of sensitive issues within the project area (Waters of the State, wetlands,
manatees, and special conditions as listed in the USACE and SFWMD permits, etc).
The contingency may range between 10 to 15% of the construction cost.
Should you have any question or comments, please do not hesitate to contact me at 561-689-
3336.
Very truly yours,
iL{~
Ana C. DeMelo, P.E.
Senior Project Manager
Camp Dresser & McKee Inc.
ACDjwlb
c: Paul Fleming, City of Boynton Beach
David Collins, CDM
File: 6276-39603-017.GS
N:\6276\WLB2391.doc
RECEIVED MAY-17-Z005 13:03
FROM-56174Z6316
TO-Ri~hard Man~ini Eq.C
PAGE 003
NAME OF BID:
"INCA STORMWATER MANAGEMENT IMPROVEMENTS AND
W ATERMAIN REPLACEMENT PROJECT"
BlD#: 019-2821-05/CJD
Agl"eement between the City of Boynton Beach, Owner; and
mc MAN CONSTRUCTION. INC. d/b/a Richard Mandai EoaiDmellt Comnanv
(Company's Name)
Extension Period: JUNE 22. 2005. until llW.nI is ....d.. "JvLY ~{~...2Do S-
Its Pa CONof'-t.s....,.'".,j ,-,I P FLF"'"vl..., C....... of f?:.O"''V/l)~J gfAC>-f, tj
V"'" Yes, I agree to extend the existing bid proposal under the same Terms and Conditions,
until an award is made. <--I1~1t<-{: A l!:>u",{ AUsu~7"'r.v.-~. ~
No, I do not wish to extend the existing bid proposal.
~~,\ ~J(,_''\/, EQ.v,p......&vl (O......PAoV't'"
NAME OF COMPANY
?Z6 ~ 6-
SIGNATURE
~<,..J P ~'S.(oLv~
NAME OF REPRESENTATIVE
(please print)
Pd..O~~-T ~A<-,Q
TITLE
C;;;/llsl o~
DATE
(c(S-~ ') o,s-(., - 9~~ 3,
(AREA CODE) TELEPHONE NUMBER
America. ~ Gatewtly to the Gulfstream
COM
ATTACHMENT 113
1601 Belvedere Road, Suite 211 South
West Palm Beach, Florida 33406
tel: 561 689-3336
fax: 561 689-9713
May 26, 2005
Mr. Kofi Boateng
Utilities Director
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
Subject:
INCA (NE 7th StreetjNE 10th Avenue) Stormwater and Water Main System
Improvements - Lighting Plan Design
Dear Mr. Boateng:
In response to the City of Boynton Beach's request to perform Value Engineering to the Street
Lighting Plan Design for the INCA project, there are a few things that we need to take into
consideration. Changing lighting fixtures will require the following:
. Redesign to analyze lighting fixture operating voltage, wire sizes, location of light
fixtures, lighting distribution, light wattage, electrical panel sizing, etc.
. It is technically a new design and therefore the engineering fees would be approximately
the same as the original design. The work would include new technical specifications,
new drawings and new schedule of bid items. The engineering fee for preparing this
lighting plan was approximately $15,000.00.
· If the redesigned lighting plan resulted in a 65% reduction in construction costs, then the
total savings may result in a $80,000 savings (taking into account the redesign fees).
Please note that when negotiating with the Contractor as a change order, the City is less
likely to get the lowest possible costs due to the negotiating process versus a competitive
bidding process.
Other considerations are as follow:
· This construction project must start before June 8, 2006 per condition of the U.S. Army
Corps of Engineers (USACE) permit. The USACE permit expires on June 8, 2006.
. If the City decides to rebid the project, there will engineering fees associated with the
bidding process. The fees would be approximately $8,000.00 - $10,000.00.
N:\6276\WLB2402.doc
consulting. engineering. construction. operations
CDNI
ATTAGHMENT #3, ~AQE 2
Mr. Kofi Boateng
May 26, 2005
Page 2
Should you have any question or comments, please do not hesitate to contact me at
(561) 689-3336.
Very truly yours,
;9vf (-___
Ana C. DeMelo, P.E.
Senior Project Manager
Camp Dresser & McKee Inc.
ACDjwlb
c: Paul Fleming, City of Boynton Beach
David Collins, CDM
File: 6276-39603-017.GS
N:\6276\WlB2402.doc
..cr... .
Utilities Department
City of Boynton Beach
Project Management Team
I nteroffice Correspondence
TO:
FROM:
Mary Munro DATE: April 7, 2005
Assistant to the Finance Director/Procurement
Paul Fleming, IJrd'( PHONE: 6487
Senior Project Manager -V" \J
PROJECT:
INCA Stormwater Management Improvements and Water Main Replacement Project
Bid #019-2821-05/CJD
SUBJECT:
Recommendation of Contract Award
c:
File: 2.2
Kofi Boateng, Utilities Director
B. Conboy, Manager, Utilities Administration
K. Riseley, Contract Coordinator
This office has reviewed the bid tabulation sheet and related information for the project/bid and hereby
recommends contract award in accordance with the following data:
Project Name: INCA Stormwater Management Improvements and Water Main Replacement Project
Recommended Contractor: Ric-Con Construction, Inc. d/b/a Richard Mancini Equipment Company.
Ric-Man is the lowest bidder for Bid #019-2821-05/CJD whose bid represents the most advantageous
bid to the City, price and other factors considered.
A mathematical error for $ 14,000.00 was found in the Schedule of Bid Items during our routine bid
proposal evaluation, increasing the bid amount to $ 4,130,907.00. The values for Section 1 were
calculated correctly; however, the subtotal for this section was not correct. Ric-Man remains the lowest
bidder after the adjustment.
Award Amount: $ 4,130,907.00. A Contingency of 15% of the award amount, $ 619,636.00, will be
set aside for unforeseen site conditions to be managed by the Senior Project Manager. The
recommended total budget appropriation is $ 4,750,543.00.
Account Number: 401-5000-590-96.07 STM021
401-5000-590-96.02 WTR116
403-5000-590-96.04 SWR107
Verification of Contractor Responsibility: The Project Management Team and the project
consultant, Camp Dresser & McKee (COM), have verified that Ric-Man is currently working on a project
in Deerfield Beach (now 80% complete), favorable responses were received from six (6) contacts. Ric-
Man has also performed successful stormwater and water main improvements/replacement projects in
the past.
(((.
Utilities Department
City of Boynton Beach
Project Management Team
I nteroffice Correspondence
The Subcontractor and Project Schedule bid forms were submitted on March 29, 2005 after the bid
opening, a technicality that does not declare Ric-Man non responsive.
Compliance with the Plans and Specifications: No exceptions were taken to the construction bid
documents.
Change in Scope of Work: When the bid for this project was issued, the geographical location
included North and South Roads. Field changes in this area of the INCA project occurred due to new
home construction in/or near utilities easements and delays in obtaining temporary construction
permits. This area will require additional re-engineering and constructability development before the
City can proceed. Our department and COM are pursuing alternate methods for the installation of
stormwater outfall devises. The items related to North and South Roads were deleted via Addendum
#2. As soon as the temporary construction permits can be obtained, North and South Roads will be bid
as a separate project.
The bid proposals only include improvements/replacements to the geographical area located and/or
bounded by NE ih Street on the south, NE 10th Avenue on the north, US #1 on the west, and NE ih
Street on the east in the City of Boynton Beach.
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 COM
Signed Bid Tabulation Form
CDIVI
1601 Belvedere Road, 5uite 211 50uth
West Palm Beach, Florida 33406
tel: 561 689-3336
fax: 561 689-9713
April 5, 2005
fifi@~a\\7~@
APR t 1 ~'~j5
Mr. Paul Fleming
Senior Project Manager
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
BOYNTON BEACH UT/UrlES
Subject:
INCA Stormwater Management Improvements and
Watermain Replacement Project
Bid #019-2821-05jCJD
Evaluation of Bids
Dear Mr. Fleming:
The bid opening for the INCA Stormwater Management Improvements and Watermain
Replacement Project was held on Tuesday, March 22, 2005, at the City of Boynton Beach City
Hall. A total of six (6) bids were received. The tabulation of the bids and their respective
bidder is summarized in the attached certified bid tabulation table. A summary of the six
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. Richard Mancini Equipment Company $4,130,907.00 *
2. Mora Engineering Contractors, Inc. $4,263,928.00
3. GlobeTec Construction $4,560,170.00
4. Astaldi Construction Corporation $4,989,722.41
5. ManCon, Incorporated $5,248,736.00
6. Chaz Equipment Company, Inc. $6,302,000.00 *
Engineer's Estimate $3,767,377.92
*Sid reflects corrected arithmetic
The low bidder on the project is Richard Mancini Equipment Company. Each bidder
supplied a bid bond or bid guarantee in the amount of five percent of the base bid amount.
Each bidder acknowledged receipt of Addendums No. I, 2, and 3. Bids for the project are
valid for a period of ninety calendar days from the bid opening day and expire on June 20,
2005.
N:\6276\WLB2314.doc
consulting. engineering. construction. operations
ClIVI
Mr. Paul Fleming
AprilS, 2005
Page 2
The difference between the two lowest bidders was $133,021.00 or 3.2 percent. The Engineer's
opinion of probable cost, prior to opening bids, was $3,767,377.92 or 8.8 percent below the
lowest bidder. Richard Mancini Equipment Company and Chaz Equipment Company, Inc.
made some mathematical errors. The corrected amounts are reflected above.
Richard Mancini Equipment Company submitted the following information with their bid
proposal:
. Bidder Acknowledgment
. Bid Bond
. Certificate as to Corporate Principal
. Statement of Bidder's Qualifications
. Bidder's Site Inspection Confirmation
. Noncollusion Affidavit of Prime Bidder
. Anti-Kickback Affidavit
. Confirmation of Drug-free Workplace
. Trench Safety Act Affidavit
. Safety Program Compliance
. Schedule of Subcontractors and Minority Business Enterprises
Richard Mancini Equipment Company has been in business as a General Contractor for 34
years. Based on the six (6) references that we contacted, we have determined that Richard
Mancini Equipment Company is qualified to carry out the obligation of the contract in a
satisfactory and timely manner.
Accordingly, CDM recommends that the City award the construction contract to the lowest
responsible bidder, Richard Mancini Equipment Company of Pompano Beach, Florida, in the
amount of $4,130,907.00.
N:\6276\WLB2314.doc
CDtJI
Mr. Paul Fleming
April 5, 2005
Page 3
If there are any questions regarding the bids, the low bidder, Richard Mancini Equipment
Company, or our bid evaluation and recommendation, please contact our office.
Very truly yours,
d~
Ana C. DeMelo, P.E.
Senior Project Manager
Camp Dresser & McKee Inc.
ACDjwlb
Attachment
c: David Collins
File: 6276-39603-017.GS
N:\6276\WLB2314.doc
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BID TITLE: INC:A STORMWATER MANAGEMENT TMPROVEMENTS AND WATER
MAIN REPT AC:EMENT PRomC:T
BID NUMBER: 019-7R7.1-0S;C:TD
PROJECT NUMBER: STM021 & WTR 11 ()
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this JJ:d day of Mart 2005, by and between the CITY
OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY"
Or "OWNER" and RIC-MAN CONSTRUCTIONt INC
a Florida Corporation l. X ~
a Florida General Partnership ~
a Florida Limited Partnership ~
a Sole Proprietor ~
Check One
hereinafter called "CONTRACTOR".
WITNF:SSF:TH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
INCA STORMWATF:R MANA~F:MF:NTIMPROVF:MF:NTS
AND WATF:R MAIN RF:PI,ACF:MF:NT PRO.mCT
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 22n.d day of Marcht 2005, for the total bid amount of$4tB01907.00;
and,
WHEREAS, On the 3J:d...day of Mart 2005, the City Commission designated contractor as
having submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within .J65 calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
C - 1
Utilities Department
Rev. 12/30103
1. AGREEMENT
1,1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2, The CITY 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, INDEPENDENT
CONTRACTOR.
1,1.5. Unless otherwise provided, all time frames referenced In all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists ofthose improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents:
Advertisement for Bids
Instructions for Bidders
Bid Proposal
Bid Bond
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, Technical Specifications
2.2.10. Contract Drawings and Plans
2.2,11. Addenda
2.2,12. Written directives or interpretations
2.2.13. Manufacturers warranties
2.2.1.
2.2.2,
2.2.3.
2.2.4.
2.2.5.
c- 2
Utilities Department
Rev, 12/30/03
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. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth
in the General Conditions for Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS.Comply with the provisions of Section 255.05, Florida
Statutes, if applicable.
3.1. 7, Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3,1.8, Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment 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.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
C - 3
Utilities Department
Rev, 12/30/03
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any 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 $ 2,500.00 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 achieve Substantial Completion within 3.65
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, Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, 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.
C - 5
Utilities Department
Rev, 12/30/03
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
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 CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents,
C-6
Utilities Department
Rev, 12/30/03
10. CHANGES IN THE 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. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS.
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.
11. PROJECT ENGINEER
11.1, The Project Engineer ("Engineer") is Ana DeMelo, P.K, (561) 689-1116.
11.2, The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12,1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
C-7
Utilities Department
Rev, 12/30/03
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-17, CONTRACT INTERPRETATION. 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 ofthe essence of the Contract.
15. REMEDY FOR DELAY
15.1, In the event of any delay in the project caused by any act or omission ofthe CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
c- 8
Utilities Department
Rev, 12/30/03
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIME/NO DAMAGES FOR DELAY.
15,5, For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1, Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16,2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
c- 9
Utilities Department
Rev, 12/30/03
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
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 -10
Utilities Department
Rev, 12/30/03
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
".~-) '- )~, ~.!
~..~1 -~-(
0 0 , ~
Administrative Development Plans c.,_
NATURE OF ~ Consent Agenda 0 New Business I .'....
I=,
AGENDA ITEM 0 0 w ~,
Public Hearing Legal
0 0 Unfinished Business ::0<- ') .-....,
Bids -'-;'-,"" 0
_.~ :'-~)z
0 Announcement 0 Presentation en :1
-,-,m
;;:- -1'1
0 City Manager's Report o:;p.
0'1 ."'''0
RECOMMENDATION: A motion to award the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND
MISCELLANEOUS EQUIPMENT", Bid #032-1412-05/JA, to various vendors by manufacturer, with an estimated
amount of $100.000.00.
CONTRACT PERIOD: JUNE 22, 2005 TO JUNE 21,2006
EXPLANATION: On April 26, 2005, Procurement Services opened and tabulated ten (10) Bids. The evaluating
factors used in determining the recommendation were 1) Price; 2) Availability; 3) Delivery Time; 4) Warehouse
processing time. All recommended vendors are considered to be the lowest, most responsive, responsible bidders
meeting specifications, and prices subject to vendor acceptance, satisfactory performance and determination that the
renewal is in the best interest of the City.
PROGRAM IMP ACT: The purpose of this bid is to secure a source of supply for various manufacturers. These
parts/supplies are Warehouse stock/supply items, to be ordered on an "AS NEEDED BASIS". See attached memo for
awarded vendors.
FISCAL IMPACT: ACCOUNT#
WAREHOUSE STOCK
502-0000-141-01-00
~~
Assistant to the Finance Director
FINI1NCe. / ;:>/Gocu./CCrY)~rir
Department Name
C: Dominic DeMauro - Warehouse Manager
File
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
TO:
Mary Munro, Assistant to the Finance Director
FROM:
Dominic DeMauro, Warehouse Manager
DATE:
May 17, 2005
SUBJECT: Parts for Large truck, Equipment
Bid 032-1412-05/JA
I have reviewed the tabulation sheet from your office. The factors
used were price, availability, delivery time and warehouse processing time.
My recommendation is a multi award by manufacture with primary,
Secondary and third vender.
ENGINE PARTS
GMC REA VY DUTY TRUCKS
Palm Beach Spring Cost + 8%
General GMC Cost + 10%
Fleet Pride Cost + 15%
Primary
Secondary
Third
MISCELLANEOUS REA VY DUTY EQUIPMENT
Palm Beach Spring Cost + 8% Primary
General GMC Cost + 10% Secondary
Fleet Pride Cost + 15% Third
MACK REA VY DUTY TRUCKS
Palm Beach Spring Cost + 8%
Fleet Pride Cost + 15%
Total Truck Parts Cost + 25%
Primary
Secondary
Third
FORD HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 20%
Primary
Secondary
Third
STERLING HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 20%
Primary
Secondary
Third
VOL VO HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
General GMC Cost + 10%
Fleet Pride Cost + 15%
Primary
Secondary
Third
BRAKE SYSTEMS
GMC HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
General GMC Cost + 10%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Primary
Secondary
Third
Third
MISCELLANEOUS HEAVY DUTY EQUIPMENT
Palm Beach Spring Cost + 8% Primary
General GMC Cost + 10% Secondary
Fleet Pride Cost + 15% Third
Atlantic Truck Cost + 15% Third
MACK HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Powerline Parts Cost + 20%
Primary
Secondary
Secondary
Third
FORD HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Powerline Parts Cost + 20%
Primary
Secondary
Secondary
Third
STERLING HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Powerline Parts Cost + 20%
Primary
Secondary
Secondary
Third
VOLVO HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
General GMC Cost + 10%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Primary
Secondary
Third
Third
CHASSIS+SUSPENSION
GMC HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
General GMC Cost + 10%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Primary
Secondary
Third
Third
MISCELLANEOUS HEAVY DUTY EOUIPMENT
Palm Beach Spring Cost + 8% Primary
General GMC Cost + 10% Secondary
Fleet Pride Cost + 15% Third
Atlantic Truck Cost + 15% Third
MACK HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
PowerIine Parts Cost + 20%
Primary
Secondary
Secondary
Third
FORD HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Powerline Parts Cost + 20%
Primary
Secondary
Secondary
Third
STERLING HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
PowerIine Parts Cost + 20%
Primary
Secondary
Secondary
Third
VOLVO HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
General GMC Cost + 10%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Primary
Secondary
Third
Third
MISCELLANEOUS
GMC HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
General GMC Cost + 10%
VMP Cost + 12%
Primary
Secondary
Third
MISCELLANEOUS HEAVY DUTY EOUIPMENT
Palm Beach Spring Cost + 8% Primary
General GMC Cost + 10% Secondary
VMP Cost + 12% Third
MACK HEAVY DUTY TRUCKS
Palm Beach Spring Cost + 8%
VMP Cost + 12%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Primary
Second
Third
Third
FORD REA VY DUTY TRUCKS
Palm Beach Spring Cost + 8%
VMP Cost + 12%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Primary
Second
Third
Third
STERLING REA VY DUTY TRUCKS
Palm Beach Spring Cost + 8%
VMP Cost + 12%
Fleet Pride Cost + 15%
Atlantic Truck Cost + 15%
Primary
Second
Third
Third
VOLVO REA VY DUTY TRUCKS
Palm Beach Spring Cost + 8%
General GMC Cost + 10%
VMP Cost + 12%
Primary
Secondary
Third
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VI.-CONSENT AGENDA
ITEM 8.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005
0 April 19,2005 April 4, 2005 (Noon) [8] June 21, 2005
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [8] Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: A motion to award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION
SUPPLIES" BID #031-1412-05/JA, to various vendors, with an estimated expenditure of$ 40.000.00.
CONTRACT PERIOD: JUNE 21, 2005 TO JUNE 20, 2006
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EXPLANATION: The purpose of this bid is to establish firm prices for the purchase of various PVC piping (schedule
40 & 80) to be used in irrigation installation/repairs. On April 21, 2005, Procurement Services received and opened
six (6) proposals. The evaluating factors used in the determining the award were: price, availability and delivery time
and warehouse processing time. This is a Multi-Award and all recommended vendors, are considered to be the lowest,
most responsive, responsible bidders that meet all specifications: Dominic DeMauro, Warehouse Manager, concurs
with these recommendations (see attached memo). The provisions of this 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.
PROGRAM IMPACT: This bid will allow the Warehouse Division to order inventory for various PVC piping
(schedule 40 & 80) for various departments, to be used in irrigation installation/repairs. Items to be ordered on an
"AS NEEDED BASIS"
FISCAL IMPACT:
ACCOUNT#:
502-0000-141-0000
ESTIMATED EXPENDITURE:
$40,000.00
~~f)
Mary Mum , Assistant to the Finance Director
~/n/ rYrI~ / p/?nc / / e€/Y)C/'I'I
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
The City of
Boynton Beach
TO:
Finance Department
WAREHOUSE DIVISION
Mary Munro, Asst To The Finance Director
FROM:
Dominic DeMauro, Fixed Asset Warehouse Manager
DATE:
May. 25,05
SUBJECT: IRRIGATION SUPPLIES
I reviewed the tabulation sheet sent from your office. The evaluating factor used was price,
availability, delivery time and warehouse processing time.
My recommendation is a multi award to low vendors by group,
SCHEDULE 40
ADAPTERS
Lehman Pipe
SLIP CAPS
Lehman Pipe
TREADED CAPS
Lehman Pipe
45 SLIP ELBOW
Cole Industrial
Clamps
Boynton Pump
Couplinl!s
Cole Industrial
Boynton Pump
ELL
Cole Industrial
NOZZLES RAINBIRD
Boynton Pump
1,2,3,4,5,6,7,8,9
10,11,12,13,14
15,16,17
18,19,20,21,22
23,24,25
26)7)8)9,30,31,32,33,34
35
36,37,38,39,40,41,42,43,44,45
46,47,48,49,50,51,52
Page two
NOZZLES RAINBIRD 1800
Boynton Pump
NOZZLES RAINBIRD V AIRABLE
Boynton Pump
Toro hit nozzles 570
Boynton Pump
POLY NIPPLES
Boynton Pump
PoP ups
Boynton Pump
P.V.C.PIPE 20 FOOT SECTIONS
Boynton Pump
RISERS
Boynton Pump
FLOOD BUBBERS
Boynton Pump
MISCELLANEOUS
Boynton Pump
No bid
RAINBIRD LOC SUPPLIES
Boynton pump
No bid
Slip Tee & Accessories
Cole Industrial
SPLICE KIT
Boynton Pump
Swine: pipe ells
Boynton Pump
TELESCOPE
Boynton Pump
Lehman Pipe
PVC GLUE OURT CAN
Lehman
Saws
Boynton pump
Saw blades
Boynton pump
Valves
Boynton pump
DIAPHRAGMS
Boynton Pump
No bid
DIAPHRAGMS Kits
Boynton Pump
Pressure Vacuum Breaker
National water works
53,54,55,56,57
58,59,60,61
62,63,64,65,66,67,68,69,70,71,72,73
74,75,76
77,78,79,80,81,82,83,84,85,86
87,88,89,90,91,92,93,94
95,96
97
98,99
100,101.102
103,104, 106,107,108,109
105
110,111,112,113,114,115,116,117,118,119,120,121,
122,123
124,125,126,127,128
129,130,131,132,133
134,135,136
137,138,139,140
141,142
143
144,145,146
147,148,149,150,154
151,152,153
155,156,157,158,159,160,161
162,163,164,165
Page three
Timers
Boynton pump
No award
Miscellaneous
Boynton Pump
Lehman Pipe
168,169,170,171,174,175,176
166,167,172,173
177,178,179,180,181,182,183
184
SCHEDULE 80
ADAPTERS
Boynton Pump 185,186, 187,189,190,191,192,193,194,195,196,197,198,199,200
Cole Industrial 188
SLIP TEE
Boynton Pump 201,202,203,204,205,206,207,208
ELBOW 90
Boynton Pump 209,210,211,212,213,214,215,216,217
SLIP COUPLING
Boynton Pump 218,219,220,221,222,223,224,225
NIPPLES
Cole Industrial 226,227,228,229
Slip Elbow 45
Boynton Pump 230,231,232,233,234,235,236,237,238,239
Bushin!! Slip X Slip
Boynton Pump 240,241,242,243,244,245,246
BBUSIDNG SLIP X THREAD
Boynton Pump 247,248,249,250,251,252,253
PIPE SCH 80
Cole Industrial 254,255,256,257,258,259
SLIP CAPS
Boynton pump 260,261,262,263
In addition to the over low prices. The following venders are offering a discount for items not
listed on this bid,
Boynton pump 50%
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.S.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) ~ June 21,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o
~
o
o
o
o
Administrative 0 Development Plans
Consent Agenda 0 New Business
Public Hearing 0 Legal
Bids 0 Unfinished Business
Announcement 0 Presentation
,)
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U1 S2J>
RECOMMENDATION: A motion to "piggyback" existing Bid#05-28537-001, of Plant City, for the purchase offi~~
(5) new and unused 40 KW stationary generators and automatic transfer switches manufactured by Katolight/John
Deere. The bid contract was awarded to CJ's Sales and Service, Inc. of Ocala. The total cost for the five (5)
generators is $105.845.00.
, ---'
, .
City Manager's Report
EXPLANATION: The Utilities Department has recognized the need for additional stationary generators at designated
lift stations. The lift stations identified are key major re-pumping stations and are critical by virtue of the facilities
served as such: Bethesda Hospital, nursing homes and shelters. The following are the lift station sites that will receive
generators:
1. LS 509 - Boynton Beach High School, the City's largest hurricane shelter
2, LS 603 - Re-Pumps Fire Station 2, Homewood Residence and portions of Leisureville
3. LS 405 - Bethesda Memorial Hospital and Boulevard Manor Care Nursing Center
4. LS 310 - Boynton Beach Assisted Living Facility, 4 Seasons, Boynton Bay Apartments
5, LS 406 - Chapel Hill, Mission Hill, re-pump Lake Eden, pumps to LS 405
It is preferred that the generator sets for these stations be outfitted with self contained fuel tanks and automatic
transfer switches, so that the generators will start and run automatically when FPL power is lost. The fuel tank is
sized to allow approximately 48 hours of operation without refueling. This would allow time for department
personnel to mobilize and deploy portable generators to other stations without having to attend these critical
locations. Kofi Boateng, Director of Utilities, concurs with this recommendation, (see attached memo No. 05-75).
FISCAL IMPACT: The Utilities Department owns Katolight/John Deere generators and has been satisfied with their
service and their reliability. Each generator costs $21,169.00 for a total of $105,845.00. Funds are available in #403-
5000-590-96-03, SWRI08, Utilities Replacement; however these are new and not replacement generators.
ACCOUNT#
403-5000-590-96-03
EXPENDITURE:
$105,845.00
S:I8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
.....-~
..,...".....,...,.. T I""'arr.""" ......I""tI..... T"a.Tr.-.............T ............. .II. ."...............
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FinancefProcurennent
DepartInent N anne
~~
Mary M , AssIstant to the Fmance DIrector
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
UTILITIES DEPT. GENERATOR SETS AVAILABLE
WASTEWATER PUMPING STATIONS
Stations with permanently installed generators:
Master Station #309- 1900 N. Seacrest Blvd,
Master Station #316- 100 yards east of Military Trail and Golf Road
Master Station #317 - 1000 feet east of Winchester Park Blvd, on Boynton Beach Blvd,
Master Station #319 - Southeast corner of Lawrence Road and Miner Road
Master Station #356 - 500 feet east of Federal Highway on Boynton Beach Blvd, extension
Master Station #801- Northwest corner of Lawrence Road and Boynton Beach Blvd.
Stormwater Station # 415- SW 3rd Street between 5th Lane and 6th Ave,
Stations with 40 Kw permanently installed generators on order:
LS 509 Quantum Park South - inside the Publix warehouse complex in Quantum Park
LS 603 Home Depot area - just South of the East end ofSW 4th Ave. behind Home Depot
LS 405 Behind (E of) Bethesda Hospital - NW corner of SW 27th Ave. & SW 6 St. intersection
LS 310 Four Seasons - 100 ft. NE ofNE 4th St. & NE 16th Ave. intersection
LS 406 West of Chapel Hill Blvd. & Westwood Ln. intersection (in the median)
Portable (trailer-mounted) generators
Generator 8148 (60 Kw)
Generator 8146 (60 Kw)
Generator 8149 (60 Kw)
Generator 8145 (60 Kw)
Generator 8147 (60 Kw)
Generator 8105 (125 Kw)
Generator 8106 (80 Kw)
Generator 8128 (80 Kw)
Generator 8119 (80 Kw)
Generator 8107 (80 Kw)
Generator 8127 (80 Kw)
Generator 8120 (80 Kw)
Generator 8189 (80 Kw)
Generator 8188 (80 Kw)
Generator 8184 (60 Kw)
Generator 8183 (60 Kw) - permanently assigned to Fire Station #2
Water Treatment Division
Permanently installed generators are at both treatment plants and portions of East
Wellfield, and ground storage tanks.
Portable generators for Wells
8065-125 K w anan
8066-125 K w anan
8105-125 Kw anan
8111-125 Kw anan
8132-125 Kw Katolight
6/1 0/2005
LARGE PUMPS AND OTHER EQUIPMENT
Pump 8051 (6") - Water Distribution
Pump 8052 (8") - Stormwater
Pump 8123 (6" Godwin)
Pump 8124 (6" Godwin)
Pump 1485 (12" Godwin)
Welder on Vehicle # 114
6/10/2005
MEMORANDUM
Utilities Department No. 05-75
RECEIVED
MAY 26 2005
FROM:
Mary Munro
Purchasing Agent
Kofi Boateng ,} A ~
Director of Utilitie~ d--
ORr,~'7llJ). ~ ""~RVICEC'
. ....c,"'ro; _ ~C"' .:J
, -
TO:
AV~~ \-
DATE: May 23, 2005
SUBJECT: Piggyback City of Plant City Bid #05-28537-001
Five (5) 40kw Stationary Generators/Transfer Switches
Agenda Item - June 21, 2005
The Utilities Department would like to piggyback the City of Plant City generator bid
#05-28537-001. The bid contract was awarded to CJ's Sales and Service, Inc. ofOcala,
Florida. The department would like to purchase five (5) new and unused 40kw stationary
generators and automatic transfer switches manufactured by Katolight/John Deere.
The department has recognized the need for additional stationary generators at designated
lift stations. The lift stations identified are key major re-pumping stations and are critical
by virtue of the facilities served such as: Bethesda Hospital, nursing homes and shelters.
The following are the lift station sites that will receive generators:
1. LS 509 - Boynton Beach High School, the City's largest hurricane shelter
2. LS 603 - Re-Pumps Fire Station 2, Homewood Residence and portions of
Leisureville
3. LS 405 - Bethesda Hospital and Boulevard Manor Nursing Center
4. LS 310 - Boynton Beach Assisted Living Facility, 4 Seasons, Boynton Bay
Apartments
5. LS 406 - Chapel Hill, Mission Hill, re-pump Lake Eden, pumps to LS 405
It is preferred that the generator sets for these stations be outfitted with self contained fuel
tanks and automatic transfer switches, so that the generators will start and run
automatically when FPL power is lost. The fuel tank is sized to allow approximately 48
hours of operation without refueling. This would allow time for department personnel to
mobilize and deploy portable generators to other stations without having to attend to
these critical locations.
1
The Utilities Department owns KatolightlJohn Deere generators and has been satisfied
with their service and their reliability. Each generator costs $21,169.00 for a total of
$105,845.00. Funds are available in account #403-5000-590-96-03, SWR108, Utilities
Reserves, for these additional generators. Funds are established in Renewal and
Replacement; however, these are new and not replacement generators.
Attached is the bid award and proposal. Please present this at the next City Commission
meeting for their approval. If you need additional information contact Peter Mazzella at
ext. 6404 or Tony Lombardi at 6421.
cc: Pete Mazzella
Tony Lombardi
Jim Hart
Barb Conboy
2
Feb 09 05 07:28a
CITY OF PLANT CITY
813-757-9037
p. 1
CITY OF PLANT CITY
302 W REYNOLDS ST
PLANT CITY, FL 33566
813/659,4270 Fax 813/659,4216
PURCHASE ORDER: 9454
* ** ** VENDOR .,~**., . . . .....
q/S. SALES AND SERVICE OFOCAL
132 NE.17TH PLACE
OGALA . FL 34470 .
FOB
Vendor No,
53470-1
Vendor "Phone
No
Quantity
UiM. .:.. Description.. ..'.. ...
. .
1
3,00 EACH GENERATORS W/TRANSFER SWITCH
J~'1~:; /~11~rJ Li1lt~
~ ~)lt.rA/J ;11!/)JjJ J R.(
~ karCJ1~~7S7,9~a~
~~~\
VEN~DOR INSTRUCTIONS:
1, Mail Invoices Lo, ORDERING DEPl\RTMEN'I'
2. Invo:ices and Packages must beaL" LlJIj P.O. No. Above.
3. Purchases may not exceed the t.otal amOlmt of t.hl.8
order without prior approval by the purchasing DepL,
1. J\cceptance of th~s order includes acc.ept.ance of a)l terms,
prices. de1ivery instructions/ specificatlonB and conditions.
5. Stat.e Tax Exempt#: 39-I2-I26761-54C ETN: 59-6000~10
6. If YOtl have questions, please call 813/659-4270
VENDOR
Page: 1 of 1
. . . . ...
... *t'" ";*DELIVERTO* **~*
UTIliTIES MAINTENANCE
1804SPOONEltDR. .
Vei1dor. Fa); ;
.
UnilJ>rlce. ......
Extended .. .. .. ;.GJLAccount
21,169.0000
63,507,00 302-181001-536-3400
** TOTAL J1r*
63,507,00
-- '--
/.l.-r::n1./ C LAY'
17 I If ' - f7+V/1Ir-J
{L f4"J [
r~()Cf-S 5
tJ /L-;fll:/L-
Krr~
I
SPECIAL TNRTRUCT10NS,
--'
~ _ I'6i.1 D ,.. T' TI....,. ~ TT n J.,.. ~ "
~A~E~
April 1, 2005
City of Boynton Beach
Attn: Tony Lombarde
124 E. Woolbright Rd,
Boynton Beach, Fl. 33435
Re: City of Plant City Generator Bid
Dear Mr, Lombarde:
CJ,s Sales and Service will honor the price that was given to the City of Plant City under
there bid # 05-28537-001 for the purchase of diesel generators with automatic transfer
switches to the City of Boynton Beach, The price was $ 21,169.00 ea.
Sincerely,
Cj's Sales & Services of Ocala, Inc.
c?~ fZ~C
Carlos R. Torres
Sales Manager
6242 Magnolia Springs La. - JadaJonville, n 32258 - (904) 26()..1771 Ph - (904) 288-8463 Fax
E-Mail: carIost@cjspower.com
CJ.s Power Systems
6242 Magnolia Springs Ln. Jacksonville Fl. 32258
carlost@cjspower.com
(Phone) (904) 260-1771
(Fax) (904) 288-8463
www.cjspower.com
Proposal
For
Boynton Beach Waste Water
April 1 , 2005
Attn: Tony Lombarde
CJ's Power Systems submits the following proposal for the project: Generators for Lift Stations
KA TOLlGHT MODEL: (Qty - 1) - SED40FJJ4T2
(File #: 16)
GENERATOR: 40 kW, 50 kVA
VOLTAGE: 120/240 ACV 3-Phase (J)
ENGINE: John Deere 5030TF270, Diesel Enclosed, 60 Hz, 1800 RPM
Standard Features Included:
Microprocessor based, digital readout control system.
12SAmp - 1201240 Three Phase Mainline Circuit Breaker mounted in generator ouUet box,
Engine vitals monitored by LCD display: OU pressure, Running time, Engine temperature, Safety shutdowns (HWT, OC, OS, OP,
LWl), Baltery voltage, Generator AC voltage, AC amperage, Frequency.
Additional Features: Oil drain extension, Flexible fuel connectors, Battery with rack & cable, Battery Charger, Critical muffler,
Vibration isolation pads, Block Heater)
Selected Model Features Included:
Isochronous Governor + I - .25%
UL2200
Permanent Magnetic Generator
Emergency Stop Button
CONTROL PANEL: KatoIight Microprocessor Control Panel
Katolight Digital Genset Controller (KDGC-500) utilizes microprocessor based technology to provide a versatile system for
genset control, protection and monitoring.
The KDGC-500 is equipped with a microprocessor based, flash memory, displays 18 engine/generator parameters, has user
programmable analog sender inputs for oil pressure, coolant temperature and fuel level, controls engine starting and stopping,
programmable alarms and pre-alarms,
NFPA-110 level 1 compatible, (3) programmable inputs, (2) programmable outputs, remote annunciation via 2-wire
communications, UL listed and CSA certified.
ENCLOSURE:~rP~
Weather Proof Enclosure includes bolt together sheet metal enclosure constructed with 14-gauge material, lockable hinged
doors, keyed alike, a fixed storm proof air intake IOlNer and expanded metal air discharge, muffler mounted inside the
enclosure; including rain cap,
Included Accessories:
1.5" Sound Attenuated Foam
Air Scoop Intake
Air Scoop Exhaust
COOUNG SYSTEM: Unit Mounted Radiator
CIRCUIT BREAKER: Circuit Breaker - UL listed and CSA certified (80% rated) (Qty: 1)
BATTERY: Lead Acid Battery
BLOCK HEATER: Standard . -20 F 1500 Watts (Mounted and Wnd to Tenninal Strip)
VIBRATION ISOLATION: Vibration Pads
BATTERY CHARGER: KL2608 (12 Volt, 6 Amp) - Mounted and Wired to Tenninal Strip
MUFFLER: Critical Muffler - Unit Mounted and Insulated
SUB BASE TANK: Standard Fuel Tank With Stub Up . (105 Gal.)
Fuel tank(s) factory installed, Features include double wall UL 142 approved, constructed in accordance to NFPA 30, fuel leak
detection standard (low fuel level alarm standard), 1,5" normal vent cap, 2" fill with lockable fill cap, 2-6" NPT opening for
emergency vent.
AUTOMATIC TRANSFER SWITCH: ASCO 300 Poles: 3 3003104C (104 Amp) (Qty: 1)
Included Accessories:
Test Swik:h
Manual Bypass of Transfer to Normal TO
A TS SWitch Position Indicating Lights
Source Available Indicating Lights
Automatic Engine Exerciser with LoadINo Load Selector Switch
A TS Position Indicating Contacts (1 Normal, 1 Emergency)
Provisions for Remote Transfer Contact (Peak Shaved) bypassed If Emergency Fails
In-Phase Monitor for Motor Load Control
Selective Load Disconnect
Provisions for Inhibiting Transfer to Emergency
Time Delay Momentary Outage Override (Normal)
Time Delay Momentary Outage Override (Emergency)
TIlTl8 Delay Transfer to Emergency
Time Delay Re-transfer to Normal
Time Delay Engine Cool Down
Wammty (5 Year)
Deluxe Eng. Exerciser (11 BG)
NEMA 3R /30-200A
MISCELLANEOUS:
Paint - Katolight Tan
Testing - Standard Commercial Test: 1 Hour
Manual - One Instruction Manual
Warranty - Five-Year /1500 Hour
NOTES:
1. This proposal is our interpretation of your requirement and includes only the items listed. Should there be other
requirements or specifications, we will requote accordingly.
2. Seller ...rves the privilege of requoting upon receipt of written specifications and drawings.
3. Units are shipped wet to include lube oil and a 50/50 water and anti..freeze mix unless otherwise noted in this
quotation.
4. Startup perfonned upon notification of completed installation by installing contractor.
5. Quote to Indude: Supply Truck to Deliver, Perform Warranty Start Up, Perform Onsite Training for Personnel,
One year Preventive Maintenance Contract (one major).
6. Price is same 88 given to the City of Plant City on there bid " 05-28537 ~1.
AlI.AA"'''..**.\A..U.......AAAAA.*****A&..''AAA...''....**......AAA
TOTAL PROPOSAL PRICE:
$ 21,169.00
*********************************************************.********
Quoted prices do not indude Federal, State or Local tax.. which may be applicable. Quoted prices inctude normal
testing, packaging and instructional literature. Special testing, packaging, additional inst:ructionalliterature, ,.u,
provisioning lists or prints are not included, and prices will be quoted separately.
Quotation Finn For 30 Day(s)
Delivery Notes:
Approximate Shipping Weight: 2,126 Ibs. (964 Kgs.)
BY: ~ 12 ~~.
CJ's Power Systems
Carlos R. Torres
Customer Acceptance
Project: Boyton Beach Waste Water
Date of Acceptance:
Customer Purchase Order Number:
Carlos
CJ'S Power Systems
Signature:
Special Instructions:
Flfl.r:' 06 05 09:10a
CITY OF PLANT CITY
813-757-9037
p.2
I
.,
'1b~ '-0~--- ~~J.-.A
() \, I. h c. ~ '7\h (- J.-r.....-.---.
RESOLUTION NO. 21-2005
k/ '-f\-'"' - t.. Lu
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PLANT CITY,
FLO,RIDA, ACCEPTING THE BID OF CJ'S SALES AND SERVICE OF OCALA, IN< . FOR
THREE (3) GENERATORS WIlli AUTOMATIC TRANSFER SWITCH AND TWO l ~)
DISCONNECT SWITCHES.
Whereas, advertisement for bids for three (3) generators with automatic transfer ~ vitch
and two (2) disconnect switches has been heretofore given in compliance with Chapter 2
Division 2, Subdivision II, Plant City Code; and
Whereas, all bids having been received and duly verified, it appears that the low 1 idder
Alternative Power Sources, LLC failed to meet specifications as their proposed generato only
had a three cylinder engine that turned 2,800 r.p.m.; and
Whereas, because Alternative Power Sources, LLC materially deviated from the
specifications, the City Commission finds that it is not the lowest and most responsible t dder;
and
Whereas, the second lowest bidder, CJ's Sales and Service of Ocala, Inc. has com )lied
with the bid requirements and the lowest and most responsible bidder is CJ's Sales and S rvice of
Ocala, Inc. in the amount of $63,507.00; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PLANT :ITY,
FLORIDA:
Section I. That upon being advised in the premises, it is hereby determined that le bid
of ers Sales and Service of Ocala, Inc. in the amount of $63,507.00 for three (3) general Irs with
automatic transfer switch and two (2) disconnect switches is the lowest and and most res onsible
bid, and the contract is awarded to CJ's Sales and Service of Ocala, Inc.
Section 2. This resolution shall be effective immediately upon passage.
Adopted by the City Commission on Ja
~
Virgi 1 L. Helper
City ~ erk
Apr 06 05 09: lOa
CITY OF PLANT CITY
813-757-9037
p.3
...
,
Approved as to form and correctness:
~~
Kenneth W. Buchman
City Attorney
CQ)fP>1f'
CIn' OF PLANT CITY, FLORIDA
INVITATION TO BID
Bidder Acknowledgment
Bid will be opened Three (3) New and
Latest Model Generators with Automatic
Transfer Switch and Two (2) Disconnects
Switches One Before Generator And One
After Transfers Switch
at 2:15 p.m., Thursday, December 9, 2004
and may not be withdrawn within forty-five
(45) days after such date and time,
All awards made as a result of tIlls bid shall
conform for applicable State Laws and local
ordinances,
NAME OF VENDOR
CJ1s Sales and Service
.MAILING ADDRESS
132 NE 17th PI
CITY - ST ATE - ZIP CODE
Ocala, FL 34470
AREA CODE
Bid Title
Three (3) New and Latest Model
Generators with Automatic Transfer
Switch and Two (2) Disconnects Switches
One Before Generator And One After
Transfers Switch
BID NO.: 05-28537-001
~INGDAtE
12-8-04
(352) 732-0271
TELEPHONE NUMBER
I certify that this bid is made without prior
collaboration, agreement, or connection with
any cOJvoration,firm, or person submitting a
bid for the same mateJia]s, supplies, or equip-
ment, and is in all respects fair and without col-
lusion or fraud, I agree to abide by all condi-
tions of this bid and certify that I am authorized
to sign this bid for the bidder.
A1JTBORJZATION S]GNA TURE
~ _ (J\~N1JA~ I
1tWZ;a~
AlJTHOIUZED SIGNA T1JRE
(TYPED)
-.;.====-----===c;.~=
A- J (ADDENDUM NO. 1 - December " 2(04)
GENERAL CONDITIONS
BIDDERS: To insure acceptance ofthe bid follow these instructions.
SEALED BmS: One copy of all bid sheets and this form must be executed and returned, AJI bids
are subject to the conditions specified hereon and on the attached pages,
RETURN ONE COPY OF BID ONLY: Bid must be submitted in a sealed envelope. The face of
the envelope shall contain, in addition to the bidders address, the date and time of the bid opening and
the bid title, The sealed bid needs to be returned to the City of Plant City, Public Works Building,
1802 Spooner Drive, Plant City, Florida 33563,
1, EXECUTION OF BID: Bid must contain a manual signature of an authorized
representative in the space provided above. The company name must also appear on
each page of the bid required,
2. NO BID: If not submitting a bid, respond by returning one copy of this forn},
marking it "NO BID", and explain below the reason. Repeated failure to quote
without sufficient justification shall be cause for removal of a supplier's name from the
bid mailing list. NOTE: A bidder, to qualifY as a respondent, must submit a "NO
BID", and same must be received no later than the stated reason for "NO BID":
3, PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both
unit price and extended total, In case of a mistake in extensions, the unit price will
take precedence. All prices will be F,O.B, Plant City (unless otheIWise stated in
special conditions). Bidders may offer discounts as an inducement to secure
expeditious payment of invoices. Additional discount for prompt payment may be
considered in making the award, Discount tin1e will be computed from the date of
satisfactory delivery at place of acceptance or from receipt of correct invoice at the
office specified, whichever is later. Prices and extensions shall be typed or printed in
ink. Note: This bid price can be extended for a period of one year for additional
quantities.
(a) TAXES: The City of Plant City does not pay federal or state sales tax. Do
not include these items on invoices. The applicable tax exemptiOIi number is
shown on purchase orders,
(b) ~MlSTAKES: Bidders are expected to examine the specifications, delivery
schedule, bid prices and extensions, and all instructions pertaining to supplies
and services. Failure to do so will be at bidder's risk.
2
(c) CONDITION AND PACKAGING: It is understood and agreed that any item
offered or shipped as a result of this bid shall be new (current production
model at the time of this bid). All containers shall be suitable for storage or
shipment, and all prices shall include standard commercial packaging,
(d) UNDERWRITER'S LABORATORIES: Unless otherwise stipulated in the
bid, all manufactured items and fabricated assemblies shall carry UL. approval
or re- examination listing where such has been established by UL. for the
item(s) offered and furnished.
(e) BIDDER'S CONDITIONS: Any conditions to be made as part of the bid,
should be submitted by letter with notes thereof on bid sheet for consider-
ation,
(f) BID BOND: Bid(s) Must Be Accompanied by a Certified Check or Bid
Bond in an Amount Not Less Than (5%) of The Bid.
4. EQUIVALENTS: Any manufacturer's names, trade names, brand names,
information and/or catalog numbers listed in a specification are for infonnation and
not to limit competition. Bid any brand which meets or exceeds the quality of
specifications listed for any item, If the bid is based on equivalent products, indicate
on the bid form the manufacturer's name and number and indicate any deviation from
the specifications as listed, Include fully descriptive literature on item(s). Lacking
any written indication of intent to quote an alternate brand or model number, the bid
will be considered as a quotation in complete compliance with the specifications as
listed in the bid form,
5, NONCONFORMANCE TO CONTRACT CONDITIONS: Items delivered not
conforming to specifications may be rejected and returned at vendor's expense, These
items and items not delivered as per delivery date in bid and/or purchase order may be
purchased on the open market. Any increase in cost may be charged against the
bidder. Any violation of these stipulations may also result in vendor's name being
removed from the Division of Purchasing vendor mailing list.
6, SAM:PLES: Samples of items, when required, must be fumished free of expense and,
if not destroyed, will, upon request, be returned at the bidder's expense, Request for
the retum of san1ples must be made within ten (10) days following opening of bids,
Each individual sample must be labeled wiD] bidder's name, Failure of bidder to either
deliver required samples or to clearly identify as indicated may be reason for rejection
of the bid,
7. DELIVERY: Unless actual date of delivery is specified (or ~f spec~fied delivelY
cannot be met), show number of days to make delivery after receipt of purchase order
in space provide, Delivery time may become a basis for making all award (\'ee Special
Conditions). Delivery shall be within the normal working hours of the user, Monday
through Friday.
3
8, INTERPRET A TJONS: Any questions concerning conditions and specifications
should be submitted to the buyer no later than three (3) days prior to the bid opening.
9, AWARDS: As the best interest of the City may require, the right is reserved to
reject any and all bids to waive any irregularity in bids received; to accept any items or
group of items unless qualified by bidder; to a.cquire additional quantities at prices
quoted on this invitation unless additional quantities are not acceptable, in which case
the bid sheets must be not.ed "BID IS FOR SPECIFIED QUANTITY ONLY". It
is hereby made a part of this request for bid that the submission of any bid in response
to tlus advertised request constitutes a bid made under the sanle conditions for the
same contract price and for the same effective period as this bid, to all public entities
in Hil1sborough County, particularly those listed on page 7.1,
10. BID OPENlNG: Shall be public, on the date and at the time specified on the bid
form, All bids received after that time shall be returned. Offers by telegram or
telephone are not acceptable,
11. ADVERTISING: In submitting a proposal, bidder agrees not to use the results there
from as a part of any commercial advertising.
12. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at
destination unless otherwise provided, Title t%r risk or loss or damage to all items
shall be the responsibility of the successful bidder until acceptance by the buyer.
13 . PAYMENT: Payment will be made by the buyer after the items awarded to a vendor
have been received, inspected, and found to comply with award specifications, free of
damage or defect and properly invoiced,
14, DISPUTES: In case of any doubt or difference of opinions as to items to be
furnished hereunder, the decision of the buyer shall be final and binding on both
parties,
15. LEGAL REQUIREMENTS: Federa~ State, County and local laws, ordinances,
rules and regulations that in any manner affect the items covered herein apply. Lack
of knowledge by the bidder will in no way be a cause for relief from responsibility.
16, SPECIAL CONDITIONS: Any and all Special Conditions that mayvaJyfrOl11 these
General Conditions shall have precedence,
] 7, occUP A TJONAL HEAL TB AND SAFETY: In compliance '\vith Chapter 442,
Florida Statutes, any item delivered fi'ol11 a contract resulting fi-om tlus bid mus1 be
. , <-
accompanied by a Material Safety Data Sheet (MSDS), The MSDS must be
maintained by the user agency and must include the following infonnatiol1.
4
(a) The chemical name and the conunon name of the toxic substance.
(b) The hazards or other risks in the use of the toxic substance, including:
I, The potential for fire, explosion, corrosivity, and reactivity;
2, The know acute and chronic health effects of risks from exposure,
including the medical conditions which are generally recognized as
being aggravated by exposure to the toxic substance; and
3. The primary routes of entry and symptoms of overexposure,
( c) The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in tbe use of or exposure to the toxic
substances, including appropriate emergency treatment in case of
overexposure,
(d) The emergency procedure for spills, fire, disposal., and first aid.
(e) A description in layman terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading this
information,
(f) The year and month, if available, that the information was compiled and the
name, address, and emergency telephone number of the manufacturer
responsible for preparing the information.
5
GOVERNMENTAL PURCHASING COUNCIL OF HILLSBOROUGH COUNTY
GENERAL INSTRUCTIONS
1. Bids shall be submitted upon this form only, and shall not be separated from the
specifications, and any Bid not submitted on tllls form shall be considered irregular and for
that reason may be rejected. Any Bid containing terms, conditions or provisions in conflict
with, or not called for by the Fonn of Proposal or Specifications, shall be deemed a
counter-offer and shall be rejected. Unconditional discounts in the price may be given, and. in
that event, the net price shown shall be considered the Bid, but in the event any such discount
is conditioned upon time of payment or delivery other than that specified, or any other things,
the Bid shall be considered a counter-offer and shall be rejected,
2, Payment will be made within forty-five (45) days after receipt of materials, equipment or
supplies and invoice.
3, Equipment, material or supplies to be delivered complete and ready for use,
4, The Agencies represented are exempt from all Federal Tax on transportation and also State of
Florida Sales Tax and these items shall not be taken into consideration in the Bid.
5, The contract will be awarded, if at all, as provided by law, within thirty (30) days after receipt
of Bids.
6, The Governmental Purchasing Council of Hills borough County reserves the right to reject any
or all proposals and to waive irregularities in the Bid.
7, The Purchasing Departments of each agency represented, will place their own orders as needs
and availability of funds dictate.
6
Southwest Florida Water
Management District
2379 Broad Street
Brooksville, FL 34609-6899
City of TempJe Terrace
p, 0, Box 16930
Temple Terrace, FL 33687
Tampa Port Authority
Director of Finance
Tamp.a, FL 33601
Hillsborough County
Hospital Authority
Director of Purchasing
330 W, Platt, Suite 200
Tampa~ FL 33606
Hillsborough Community College
Director of Purchasing
39 Columbia Drive
Tampa~ FL 33606
Hillsborough County Purchasing
p, 0, Box 1 no
Tampa, Florida 33601
City of Tampa
81ll Floor, City Hall
315 E, Kennedy Blvd.
Tampa, FL 33602
Tampa Sports Authority
Purchasing Agent
4201 N, Dale Mabry
Tampa, FL 33607
Hillsborough Area Reg.
Transit Authority
4305 E. 21 sf: Avenue
Tampa, FL 33605
University of South Florida
Division of Procurement
Adm, 185
Tampa, FL 33620
7
Sheriff Office
P. O. Box 3371
Tampa, FL 33601
School Board of
Hillsborough
p, 0, Box 3408
Tampa, FL 3360 I
Aviation Authority
Hillsborough County
p, 0, Box 22287
Tampa, FL 33622
The Housing Authority
of the City of Tarnpa
Executive Director
Tampa, FL 33607
State Attorney's Office
Courthouse Annex
5th
Tampa, FL 33602
GENERAL SPEClFICATIONS
FOR
Three~ (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
City of Plant City, Flo."ida
ITEM
SPECIFICATIONS
VARlATIONS
Silence of
Specification
The apparent silence of these specifications and
any supplemental specifications as to details of
the omission from it of a detailed description con-
cerning any point shall be regarded as meaning
that only the best commercial practices are to
prevail and that only materials of first quality
and correct type, size and design are to be used,
All interpretations of this specificatior shall be
made upon the basis on this statement.
Taxes
The City of Plant City is exempt from Federal
Excise and Transportation Taxes and Florida
State Sales Tax, Do not include these taxes
in your bid price, An exemption certificate will
be furnished on request.
Warranty
The bidder shall assume full responsibility for
warranty of all components of the equipment.
A statement shall be attached with the proposal
setting out the conditions of the warranty.
Delivery Date
The bidder shall specifY the number of calendar
days, after notification of award of bid, required
for delivery of the equipment. Failure of the success-
ful bidder to make delivery within the specified
time, relieves the Board of City Commissioners
of any legal responsibility to accept the equipment
after tlus tinle, or to make any payment for expense
the bidder may have incurred.
Standard Equipment
In addition to the options specified the macJunery
shall be equipped with all standard equipment
specified by the manufacturer.
(8)
GENERALSPECWICATIONSCONTINUES
FOR
Three (3) New and Latest Model Generator"s with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
City of Plant City, Florida
ITEM
SPECIFICATIONS
VARIATIONS
New and Unused
The bidder shall represent by his bid that all
equipment to be fumished under this bid is
new and unused and the latest model year
available,
Product
Literature
All bids must be accompanied with the manu-
facturer's product literature describing the make
and model of equipment bid.
Assembled and
Adjusted
It is required that the unit, as specified herein,
shall be completely assembled and adjusted and
that all equipment, including standard and optional
equipment, be installed and the unit made ready for
operation upon delivery.
Delivery Location
Public Warks Complex
Utilities Maintenance Division
1802 Spooner Drive
Plant City, Florida.
Guarantee
The contractor shall unconditionally guarantee
the equipment he proposes to fumish in every
detail meets or exceeds the specifications,
The equipment shall be of first quality and
guarant.eed against defect in workmanship and
material.
NOTE: If ~'ou have an~' questions, please call1>aul Cockr'ell at (813) 757-9288 exi. 244.
(9)
TECHNICAL SPECIFICA TIONS
Thl'ee (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
SCOPE OF WORK: The standby electric system shall consist of an electric generating unit, which, upon
interrujption of normal power, will start automatically and, by the automatic transfer switch, will disconnect
load from normal supply and connect to the standby generator, The generator, transfer switch, and
disconnects will come assembled and pre-wired as a total package,
ITEM
SPECIFICATION
VARIATION
OUALIlY ASSURANCE:
A Reference Standards: The work shall
conform to the applicable provisions
of the following standards except as
modified herein:
Al American Society for Testing
and Materials (ASTM):
ASTM A53-84 Pipe, Steel,
Black and Hot-Dipped Zil1c-
Coated, Welded and Seamless.
ASTM B 16.3-77 Malleable
Iron Screwed Fittings, 150
and 300 lb.
A2 National Fire Protection
Association (NFP A):
NFPA 30-2000 Flammable
and Combustible Liquids Code,
NFP A 37-1999 Stationary
Combustion Engines and Gas
Turbines.
NEC 1993 National Electrical
Code,
NFPA 1 ]0-]988 Emergency
and Standby Power Systems,
]0
TECHNICAL SPECIFICATIONS CONTINUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Swit.ch
BID NO.: 05-28537-001
ITEM
SPECIFICA TJON
VARIATION
A.3 Underwriter's Laboratories
(UL):
UL-50 (88 Dec 90) Cabinets
and Boxes, Electrical.
UL-142 (87 Sept 87) Steel
Aboveground Tanks for
Flammable and Combustible
Liquids,
B. Standard Product: The unit shall
be the product of a firm regularly
engaged in the manufacture of Engine/
Generator sets, and a standard model
in production at the manufacturer's
place of business, The unit shall be
factory built, tested and shipped by
a single manufacturer to establish a
single source responsibility.
C, Acceptable Manufacturers:
Caterpillar or Cummings or equal,
SUBMITTALS:
(a) Material and Equipment Schedule:
Al Submit complete list of equip-
ment to be provided within
30 days afterthe contract
award, Partial lists vviU n01
be acceptable
A.2 Include the following:
Catalog numbers, cuts, dia-
grams, drawings and other
descriptive literature as related.
A.3
Basis of apRroval:
Manufacturer's published
ratings,
11
TECHNICAL SPECIFICA TIONS CONTINUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM.
SPECIFICA TION
VARIA TION
(b) Shop- Drawings:
B.J Shop drawings shall be submitted
for the following items of equipment:
a. Engine
b, Generator
c. Generator Circuit Breaker
d, Control Panel
e, In Base Fuel Storage Tank
f Generator Weatherproof
Enclosure
B.2 Contents of the shop drawings shall
include the following:
a.
Details of construction, sett-
ing and anchorage of unit.
b.
Dimensions
c.
Materials
d,
Material thicknesses
e.
Finish
f.
Ratinas
b
o
b'
Accessories
~--~-_.-
h, Trim
Ladder type schematic con-
trol diagrams and wiring
diagrams for all equipment
provided.
J2
TECHNICAL SPECIFICATIONS CONTINUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
VARIA TION
iI, Diagrams shall show
and identifY remote
mounted devices in-
cluding those supplied
with the equipment and
with/or as part of other
equipment.
i2. Diagrams shall indicate
color coding and label-
ing of wiring and in-
clude a complete
symbol legend and
abbreviation list as
used for all devices
of diagrams,
C. MANUF ACTIJRER'S LITERATURE:
C.l Manufacturer's literature shall in-
clude the following information
for the equipment listed under
B,l above,
a. Written description of
equipment function, n0IT11al
operating characteristics and
limiting conditions,
b, Recommended assembly, in-
stallation, aligmnent, adjust-
ment and calibration instruc-
tions,
----~-------
c,
Description and recommend-
ed installation instructions for
all items equipment.
1 "J
TECHNICAL SPECIFICATIONS CONTINUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
d. Operating instructions for
start- up, normaJ operations,
regulation., shutdown and
emergency conditions,
VARIATION
e, Maintenance instructions and
schedule.
f Guide to "troubleshooting".
g, Parts list with identification
to assembly drawing.
h, Outline and assembly dra\;I,I-
ings, engineering data and
"Wiring diagrams.
D. Operation and Maintenance Manuals: Prior
to final acceptance of this project, an
operation and maintenance manual shall be
submitted, The manual shall include manu-
facturer's literature as outlined in C - Manu-
facturer's Literature above, drawings
corrected per shop drawing review com-
ments, and lists of suppliers and/or service
shops that can provide parts and accessories
and equipment repair for the items of equip-
ment listed in B 1 - Shop Drawings above.
These lists shall include a contract name,
telephone number address.
E.
Warranty: All equipment and materials sup-
plied shall be warranted against defective
design, materials, and workmanship for a
minimum period of five (5) years or fifteen
hundred (J 500) hours operation whichever
Occurs first under normal use. The warranty
period shall begin when the generator
is put into use and accepted by the Owner.
111
TECHNICALSPECWICATIONSCONTUVUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECWICA TJON
VARIA TION
E, 1 The warranty shall cover replacement
equipment and/or repair including
labor, travel time and miscellaneous
expenses at cost to the owner for the
full warranty period.
E,2 Submit manufacturer's written
warranty with the shop drawings
and include an approved warranty
in the Operations and Maintenance
Manual.
E.3 Minimum one (1) year routine
maintenance, change oil, filters,
clean battery connectiOns, and fIusp
cooling systems i.e,
GENERA TING PLANT:
A General: The generating plant shall consist
of a diesel engine directly connected to a
brushless alternating current generator with
a brushless exciter and integrally mounted
generator circuit breaker and control panel.
Automatic controls shall be furnished to
start the unit upon signal from a remote start
contact upon failure of the nonnal source of
power,
AA Where two or more units are requir-
ed, provide all units from a single
manufactuer,
A.2
The Installation shall meet all re-
quirements ofthe National Fire Pro-
tection Association (NFP A) as listed
ill A2 on Page A- J of this specifica-
tion and State and local regulations,
---------- --_..~--~-----
A.3
The generating plant shall have the
following minimum rating and shall
sequentially st.art and run the listed
electJicalloads for thc duration of
thc nonnaJ power outage:
-, --..- "---.,.-,---.- --~._--- -._-.-
] :'i
TECHNICAL SPECIFICA TIONS CONTINUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM.
SPECIFICA TION
VARIATION
Lift Station 26 - 120/240 volt 3 phase,
100 AMP main line breaker system
with a 100 Amp Transfer Switch, Must
be able to run two (2) 7,5 Hp and two
*disconnect switches.
Lift Station 13- 120/240 volt 3 phase, 100
Amp main line breaker system with a 100 AMP
Transfer Switch, Must be able to run two (2)
* 3 Hp, And two disconnect switches.
Lift Station 14- 120/240 volt3 phase, 100
Amp main line breaker system with a 100 AMP
Transfer Switch, Must be able to run two (2)
* 3 Hp, And two disconnect switches,
B, Diesel Engine: The engine shall be a four
(4) cycle engine, water cooled, having no
less than four (4) cylinders with a minimum
brake horsepower rating of 1,5 HP IKW in
an ambient temperature of 1250 F and at
2,000 feet altitude, with a rotating speed
not exceeding 1,800 RPM, designed to
operate on #2 diesel fuel.
c.
Governor: Engine shall be equipped with
a governor to maintain frequency regulation
within 3% (plus or minus 1.8 hertz) from no
19ad to full load. The frequency at any
constant load, including no load, shall remain
within a steady state band width of 0,25% of
rated frequency. The governor shall not
permit fi-equency modulation (defined as the
number of times per second that the fre-
quency vaIies fi'oill the average frequency
in cyclic manner) to exceed one (1) cycle
per second. Govemor shall be a hydraulic
or electronic type. .
*
Note - These motors will not start at the same time~ but both of the motors wm run at the
same time.
1(,
TECHNICAL SPECIFICA TIONS CONTINUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
VARIATION
D, Generator:
D, 1 The generator shall be oftype
specially designed for induction
motor starting, It shall be capable
with its prime mover of starting and
running continuously, for the dura-
tion of a normal power outage, The
voltage drop under starting conditions
specified shall be such as to maintain,
without impairment, all plant
operations functions,
D,2
D.3
The generator shall be four pole,
brushless, 12 lead reconnectable of
drip-proof construction with
amortisseur windings, Insulation
shall be Class F with epoxy varnish.
Generator field current shall be con-
trolled by a rotating thyrist or bridge
module optically coupled to a firing
circuit type voltage regulator. The
exciter shall be 24 pole pennanent
magnet type. Generators controlled
by wound field exciters will not be
accepted unless they meet the follow-
ing perfonnance. Generator shall be
cOlmected for] 20/240 volt AC, 60
hertz, three-phase, four-wire service.
Voltage regulator shall be a solid-
state, fi-equency compensated type
with +2% or rate voltage, from no
load to rated load, Voltage adjust-
ment range shall be plus or minus
5% of rated voltage.
J7
TECHNICAL SPECIFICATIONS CONTINUES
Thr-ee (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches 'One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
E. Fuel System: System shall have a fuel filter
with replaceable element conveniently lo-
cated in one accessible housing ahead of
injection pump so that fuel has been
thoroughly filtered before it reaches the
pump, Fuel filter elements will be of the
replaceable type that may be easily re-
moved without breaking any fuel line
connections or disturbing the fuel pump,
Engine shall be equipped with a gear type,
engine driven, fuel transfer pump capable
of lifting fuel 15 feet, for supplying fuel
through filters to the injection pump at
constant pressure, A complete system with
lines, transfer pump, injectors and flexible
fuel lines shall be furnished.
]F, Lubrication System: Engine shall be equip-
ped with a pressure lubrication system
supplying a continuous flow of lubricant,
under pressure, to all moving parts,
Pistons will be spray cooled. Circulation
shall be by means of a positive displace-
ment pump, gear type. The lubrication
system shall include full-flow filters and
series connected oil cooler of sufficient
size to properly cool all lubricating oil
circulated, Filter systems shall be equipped
with a spring-loaded bypass valve as an
insurance against stoppage of lubric~ting
oil circulation in event the filters become
clogged, A 15 second time delay on low
oil pressure shall be provided for staJting,
but shall not cause a delay on shutdown,
Equipped with a low oil pressure cut off
switch wired to the safety shutdown system
of the unit.
F. ] The engi.ne shall be equipped with
piping and gate valves as required to
drain the crankcase oil. Piping shall
be routed so the oil may be drained
lR
VARIATION
TECHNICAL SPECIFICA TJONS CONTINUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
VARIATION
without the connection of hose or
piping by the Owner. Valve shall
be located inside enclosure,
F,2 The generator shall be set on an
elevated pad of sufficient height
(minimum 6") above the surrounding
floor or grade to allow the oil to be
drained into container supplied with
generator.
G. Cooling System: The generating plant shall
be equipped with a unit-mounted cooling
system to maintain the engine at recommend-
ed temperature level when the generating
plant is delivering full-rated load in an am-
bient temperature of1250F,
G.l The cooling system shall consist of
a radiator, pusher fan, fan shroud,
fan and core guards, surge tank:,
engine driving centrifugal type water
circulating pump, filler and cap. The
cooling system shall be designed and
engineered to be a functional unit
capable of operating with a 50%
ethylene glycol and 50% water
solution.
G.2 Cooling system shall be winterized
for operation in temperature to 00 F,
G.3 Radiator shall be equipped with a
low level coolant float switch and
wired to the safety shutdown system
of the unit.
H. Base: The generating plant shalI be mounted
on a common structural steel, skid type ba.se
designed to maintain proper alignment of
components Suitable vibration isolators
shall be firmished which, when insta.lIed
]9
TECHNICAL SPECIFlCA TIONS CONTINUES
Three (3) New and Latest Model Generators witb Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
TEM
SPECIFICA nON
VARIA TION
between the engine generator skid and
mounting surface, will permit only 5% of
the unit's vibration to be transmitted, The
vibration isolators shall be securely mounted
on the mounting surface.
1. Engine Generator Controls: The panel shall
be a solid-state, microprocessor-based engine
control module shock mounted on the
generator in a gasketed NEMAl/IP 22
enclosure, The panel shall have digital LCD
back lighted display indicating the following:
Engine RPM;
Battery DC volts;
Coolant temperature;
Lube oil pressure;
Generator set operating hours;
System diagnostic codes
(for troubleshooting);
Ll Diagnostic codes for the following
conditions shall be provided:
Loss of magnetic speed pickup
signal;
Loss ofDSU signal;
Loss of programmed settings
(j.e, cycle crank, cooldown
timers etc)'
, .,
Invalid engine control switch signal;
Shutdown not control originated
(i.e, fuel deprivation);
Module internal fault.
1.2 Automatic/manu a] stan-stop controls
witb tbe following safety shutdovms
with LED indicators shall be provided:
Overspeed;
Low lube oil pressure, two-stat e
protection for Jaw idle/high idle;
20
TECHNICAL SPECIFICATIONS CONTINUES
Three (3) New and Latest Model Generators with Aut.omatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
VARIA TION
High coolant temperature;
Overcrank;
Safety shutdown for all system
diagnostic codes above;
Loss of engine coolant;
Emergency stop,
I.3 Control panel shall have cooldown
timer (adjustable 0-30 minutes);
four position engine control switch;
LED indication and LCD display test
switch; voltage adjust potentionmeter
+ 10% -25% range; four position
amp meter/voltmeter phase selector
switc~ three current transformer and
solid state, microprocessor-based
digital AC metering module displaying
AC volts, AC amps and frequency,
I. 4 Generator shall have annunciator for
generator faults, low coolant temper-
ature' battery charger fault, low fuel
in storage tank and fuel leak detected.
Annunciator shall be mounted on
generator set control system.
Annunciator shall have interlock with
telemetry system for trouble, generator
running and generator on line
conditions,
D,
Engine Instruments: Engine instruments
shall include water temperature, lubricating
oil pressure, lubricating oil temperature,
battery volt meter, engine lapse runtime
meter, tachometer and fuel pressure gauges,
E, Generator Circuit Breaker: Generator circuit
breaker shall be a molded case thermal-
magnetic type housed in a gasketed NEMA
4X enclosure i[thls is exposed to weather.
Circuit breaker shall be a 3 pole 600 volt
rated as indicated on the drai7ings,
2J
TECHNICAL SPECJFICA TIONS CONTINUES
Three (3) New and Lat.est Mode) Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
VARIATION
F. The Disconnect shall be inside a Nema 4X
Enclosure if exposed to weather.
WEATHERPROOF
ENCLOSURE SKID-
MOUNTED:
A. The complete engine-generator set shall be
enclosed in a modular weather proof
enclosure, The enclosure shall be constructed
with removable side and end panels. These
panels shall be made out of 12 gauge steel.
The unit shall have continuous hinged side
doors and at the control end. It shall be
equipped with key locks for ease of engine
maintenance and a three point latch system.
There shall be expanded metal grating or
radiator core guard in front for the radiator
grill and fixed punched louvered air intake
ports on the enclosure sides and rear for
proper air circulation within the housing.
The complete generator set and housing
shall be prime painted and have two finish
coats of protective enanlel paint Provide
lifting eyes and spreader bar reinforcement
for crane unloading.
B. The generator breaker, generator control
panel, 120/240 V AC distribution panelboard,
batteries, battery charger, and accesSOlies shall
be mounted in the enclosure, Control wire
connection between statiing and safety circuits
shall be precOlmected before the engine-generator
set is delivered. Provisions shall be made for
mounting batteries and rack inside the enclosure,
Thermostatically controlled exhaust fan for
enclosure and space heaters for the generator
and enclosure shall be provided, The distribution
panelboard shall supply power to the jacket
water heater, battery charger, exhaus1 fan, space
heaters, etc. Enclosurers for electrical equipment
shall be NEMA 4X, ifit's exposed 10 weather. ____
22
TECHNICAL SPECIFICA TIONS CONTINUES
Thlt'ee (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
VARIA TION
C. The engine oil and radiator drain lines shall
be brought to the outside of the enclosure, A
globe type shut offvalve shall be installed in
each drain line inside the enclosure for
security.
D. An exhaust silencer as specified shall be
mounted on top of the unit. It shall be
secured in position at no less than 4 points.
The silencer shall be supported by an angle
iron cradle welded to the silencer and bolted
to the angle iron roof support members
mounted inside the roof of the enclosure,
The silencer shall be of the side inlet type.
The exhaust side of the silencer shall have a
length of black iron pipe extending beyond
the radiator end of the enclosure by mini-
mum of 10 inches and cut back on a 45
degree angle, The intake of the silencer
shall connect to the flexible exhaust con-
nection by black iron pipe. Route exhaust
pipe to penetrate enclosure roof through a
metal thimble. Flasb penetration area to be
weatherproof. Size as required by engine
manufacturer. The flexible exhaust con-
nection as specified shall mount directly on
exhaust manifold and shall be mounted so
that no weight is exerted on the manifold
at any time.
E. Exhaust System: Fumish and install accord-
ing to manufacturer's recommendations,
silencer, wall thimbles, st.ainless steel
flexible exhaust connections a minimum
of eighteen (18") inches long, flanges,
hangers and suppOJ1s, pipe and fittings,
and insulation as specified herein or as
indicated on drawings to provide a com-
plete and operable exhaust system, The
silencer shall be mounted so that the
engine shall not be supporting it.s weight
nor will them1al expansion be imposed
on the engine,
TECHNICAL SPECIFICATIONS CONTINUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Gener'ator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TJON
VARIATION
E.I Silencer shall be Maxim M-41 with
flexible connection at engine.
Silencer shall have bolted flange
connections.
E. 2 Piping shall be seamless steel con-
forming to ASTM AS3, Grade B,
schedule 40 black steel. Exhaust
pipe shall be painted with high
temperature paint. Exhaust pipe
shall be fitted with a ninety (900)
degree tail piece and stainless steel
weather cap. Fittings shall be seam-
less, black, standard weight, butt-
weld type.
FUEL OIL STORAGE SYSTEM:
A. Provide a fuel oil storage system consisting
of an in-base tank, piping, fuel oil level gauge
and miscellaneous appurtenances necessary
for a complete and working installation as
specified herein.
B. In-base Fuel Storage Tank: The in-base fuel
tank shall be of double wall construction and
shall have an interstitial leak detection system
wired to the generator control panel. The
tank shall be provided by the standby gen-
erator set manufacturer and shall serve as a
mounting base for the generator set. The
tank shall contain structural steel members
sufficient to support the generator, enclosure,
exhaust system and other related equipment.
The base tank bottom shall be a minimum of
1/4-inch plate. Tank shall be 12" to J8tl high.
The tank shall have lifting eyes for four point
lifting. The tank length and width shall be as
required to provide a minimum of 200 gallon
capacity. Tank shall have low fuel level con-
tact set a1 28% full, fuel level gauge, lockable
fill cap, and vent pipe which shall be installed
24
TECHNICAL SPECIFICATIONS CONTINUES
Three (3) New and Latest Model Generators with Automatic Transfer Switch and Two (2)
Disr..onnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
VARIA TION
through the enclosure roof. The base tank
shall be pressure tested at 15 psi, cleaned of
rust, oil, and welding slag, and primed for
painting. Two coats of high quality enamel
paint shall be applied over the primer. The
tank interior shall not be coated. The lock-
able tank fill cap shall be located e>..'ternal
to the generator enclosure. The tank shall
be provided full with fuel. The tank shall
be in complete compliance with UL 142
and shall be labeled as such. Provide tank
accessories as specified in D on page A- 1 O.
C. Fuel Oil Piping: Furnish and install fuel
piping systems including vent lines, fill
lines, suction lines, return lines, gauge
lines and sounding lines as required to
provide a complete and working diesel
fuel piping system. Piping shall be black
stee~ Schedule 40, conforming to ASTM
A53 specification for Welded and Seamless
Steel Pipe. Fittings shall be malleable iron
screwed fittings confoITuing to ASTM
B 16.3 specifications. Pipe and fittings
shall be coated and wrapped with tar
material as per NFP A No. 30, 31 and
37 when installed below grade. A
horizontal swing check valve, gate valve,
and fuel oil strainer shall be provide in the
suction line. Hand-operated shut-off valve
will not be penl1itted in the fuel oil retUD1
line. All valves shall be Crane, Jenkins,
Walworth or equal, designed for 125 lbs.
working pressure.
D. Fuel Tank and Pipe Accessories: Provide
the following accessories for a complete
installation.
25
TECHNICAL SPECIFICA nONS CONTINUES
Thlree (3) New and Latest MGdel Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
ITEM
SPECIFICA TION
VARIATION
D. ] Valves: All valves shall be designed
for 125 lbs. working pressure. Out-
let and drain valves for aboveground
tank: shall be a 2-inch steel ball valves.
Plug outlet of drain valve. Acceptable:
Crane, Jenkins, Walworth, or approved
equal.
D.2 Fill Adapter: Provide 4-inch fill pipe
adaptor with lockable cap. Acceptable:
OPW No. 633 - T -4-inch with OPW
No.634-TT - 4- inch, or equal..
D.3 Vent Cap: Provide vent cap with 40 mesh
brass screen and drain spouts. Size shall
be 2-inch, minimum. Acceptable: OPW
No. 23 or approved equal..
E. Fuel Oil Level Gauge: Provide as specified
herein a fully automatic liquid level gauge for
the generator in-base fuel tank. Gauge shall
be temperature compensated, balanced hy-
draulic type, providing continuous automatic
indication in gallons on a circular dial.
Gauge shall be as manufactured by Hersey
Products, Inc., or equal. Gauge shall be
located for ease of observation.
E.I Liquid level gauge shall be supplied
with a set of contacts to give indication
of a low fuel level. Set point shall be
adjustable. Contacts shall be con-
nected to the generator annunciator.
SYSTEM OPERATION:
A The generating plant shall automatically
start upon a signal from the automatic
transfer switch.
B. After the transfer switch has transferred
back to normal, the generatlng plant shall
be allowed to operate at no load for an
adjustable time period of2 to 30 minutes
to allow it to cool before shutdown.
26
ECHNICAL SPECIFICATIONS CONTINUES
test Model Generat.or's with Aut.omat.ic Transfer Switcb and Tw--
itches One Before Generator And One Aft.er Transfers Swit.ch
BID NO.: 05-28537-001
0(2)
SPECIFICA TION
VARIATI~
N
WN:
All emergency shutdown shall be installed on
the weatherproof enclosure. When the push-
down is activated, the engine-generator set
shall be shut down.
A. Prior to acceptance, any defects which
becorpe evident during this test shall be
corrected at no expense to the Owner.
B. The services of a factory trained service
engineer who is specifically trained on
the type of equipment herein specified
shall be provided to fully inspect the
installation, calibrate the equipment and
supervise testing.
C. Upon completion of testulg the services
of the above engineer shall be provided
for instruction of the Owner's operating
and maintenance personnel. The in-
structions shall include operating and
maintenance procedures specifically
written for the equipment installed and
not generally written to cover all options
available. The Owner shall release the
services of the service engineer once
they are completely sa.tisfied with the
instructions.
D. The transfer switch shall be operationally
tested as pali of the complete system to
veJi(l' satisfactory operation under the
worse case conditions 10 be provided by
the electrical system
r, "
BID FORM
Three (3) New and Latest Model Generators with Automat.ic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers Switch
BID NO.: 05-28537-001
Katolight
Model:
D25FJJ4T2 & D40FJJ4T2
a.ke:
ree ij3) New and Latest. Model Generators with
Itomatic Transfer Switch and Two (2) Disconnects
'itches One Before Gener.ator And One After
ansfers Switch.
TotaJ Price
$
63,507.00
0.00
Discount
$
Total Base Bid
$
63,507.00
tal Uase In Words:
Sixty-three thousand five hundred seven dollars.
~LlVERY DATE: e!) Calendar Days from receipt of bid award.
ECIAL NOTE: Outside of bid envelope l\fUST be marked "Sealed Bid for Three (3) New and
Latest Model Generators with Automatic Transfer Switch and Two (2)
Disconnects Switches One Before Generator And One After Transfers S'Witch, in
order for the to be accepted. Bid wiu be awarded based on the best combination
of price and delivef)7 for either alternative. Also to be included is the bid opening
day, time and date.
CJ's Sales and Service 132 NE 17th PL OCala, FL 34470
me of Company Address
Steve Parker
,me OfRepres~~te J I
-4~
;nature of Representative
General Manager
PositiOJ) with Firm
(352) 732-0271
Phone Number
11(:'.
n
S'WORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMJNlSTER OATHS.
1. This swom statement is subrnitted to
City of Plant CIty
by steve Parker, General Manager
[print individual's name and title]
[pJ-int name of the public entity]
for CJ's Sales and Service
[pJ"int name of entity submitting sworn statement]
whose business address is
132 NE 17th PL Ocala, FL 34470
and (if applicable) its Federal Employer Identification Number (FEW) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: 59-2488285 .)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida Statutes means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery,
collusion., racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or infonnatioD after July 1,
1989, as a result of a jury verdict, nOI~iury trial, or entry df a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287. ] 33(1 )(a), Florida Statutes, means:
] . A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural persOIl who is active in the management of the
entity and \).,'bo has been convicted of a public entit:v' crime. The term "affiliate" includes those
officers, directors, executives, p3J1"ners, shareholders, employees:, members, and agents wbo
are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreCJllcnt, shaJJ be a
prima facie case that one person controls another person. A person who knmvingly enters
into a joint venture with a person who has been convic1ed of a public entity crime in Florida
dming the preceding :i6 months sha.11 be considered an afllliatc.
29
5. I understand that a "person" as defined in Paragraph 287.] 33(1 )(e), Florida Statutes, means any natural
person or entity organized under the Jaws of any state or of the United States wit.h the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services Jet
by a public entity, or which otherwise transacts or applies to transa.ct business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [indicate which statement applies.]
x Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crUDe subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate oftbe entity has been charged with and convicted ofa public entity crime subsequent to July I, 1989.
Tbe entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, sbareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged "With and convicted ofa public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place the entity submit ting this sworn statement on the convicted
vendor list. [attach a copy of the final orderJ
29. ]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR
THA T PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31
OF THE CALENDAR YEAR IN WIDCH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT
IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMA TION CONTAINED
fNZ~
[signature]
Sworn to and subscribed before me tllls
of
, 19
Personally known
OR Produced identification
Notary Public - State of
(Type of identification)
My commission expires
(Printed type or stamped
commissioned name of notary
public)
Form PUR 7068 (Rev 06/18/92)
')0 ')
":"".0'.......-
ADDENDUM NO.2
FOR
Three (3 New and Latest Model Generators with Automatic Transfer Switcb and Two (2)
Disconnects Switches One Before Generator and One After Transfer Switch
Bid No. 05-28537-001
DATE: December 7, 2004
NOTE:
Bid opening date bas been changed to December 16, 2004 @ 2:15 p.m.
A-2 (12-07-04)
Standard Features
Engine Features:
. Radiator cooled (500 C)
. Starter and alternator
. Oil pump and filter
. Air cleaner
. Mechanical governor 3-5%
- standard up to 230 kW diesel
. Isochronous governor
- 250 kW diesel and higher
- standard on all gaseous models
Digital Controller Features:
. Microprocessor based, digital
read-out control system
. Unit-mounted
. Engine generator parameters monitored by
LCD
- oil pressure
- running time
- engine temperature
- safety shutdowns: HWT, OC,
OS, OP, LWL
- battery voltage
- generator AC voltage
- AC amperage
- frequency
. Continuous displays
- oil pressure
- engine temperature
- battery voltage
- low fuel level
Generator Features:
. Brushless single bearing, direct coupled
. Automatic voltage regulator
- over-excitation protection
- under-frequency compensation
. Available voltages
- 120/240 1 phase, 12 wire
- 120/208 3 phase, 12 wire
- 120/240 3 phase, 12 wire
- 277/480 3 phase, 12 wire
....~
Additional Standard Features:
. Oil drain extension
. Flexible fuel connector
. Battery
. Battery charger, mounted and wired
. Battery cables
. Vibration isolation pads
. Jacket water heater: -200F, mounted and wired
. Mainline circuit breaker, mounted and wired
. Muffler, mounted and insulated
. Two year warranty
Optional Features:
. UL 142 sub-base fuel tank with electrical stub-up
area
. Weather Proof enclosure
- sound attenuation
- 1W' foam
- sound scoops
. Crystal Quiet enclosure
. Extended warranty
. Remote annunciator
. Isochronous governor
. UL 2200 listed
. PMG
. Dual fuel NG/LPG with automatic changeover
. Emergency stop pushbutton
~)
~
Standard Product Series
Katolight recognized and responded
to a market need-and created the
Standard Product (SP) Series engine
generator offering the same ancillary
items as the CP Series with the option
of limited accessories.
The SP Series offers:
. Consistent, pre-configured, pre-engineered engine generator set
. Quick delivery
. Extended size range
- up to 400 kW diesel
- up to 130 kW natural gas/LP
. Ease of installation
- silencer mounted plumbed and insulated
- water jacket heater mounted plumbed, and pre-wired to a terminal strip
- battery charger mounted and pre-wired to a terminal strip
- on gaseous units, fuel inlet, along with the flow control valve (regulator) and
solenoid valve, are plumbed to the outside of the base
. Quality-priced economically
. Available with UL 2200 and CSA labels
. Meets NFPA 110
. Low profile/reduced size is aesthetically pleasing
. Upsized alternators are standard on most models resulting in excellent motor
starting capabilities, low voltage dips and reduced harmonics
The Katolight SP Series offers
our customers a reliable and
dependable power solution at
an affordable price.
Shawn with .
oPtional Crystal Q .
Ulet Enclosure
Our generators are specially designed to
ensure the lowest possible hannonic
distortion, making them ideal for delivering
quality power to hospitals, retail facilities,
offices and many other locations.
Katolight Generators...
POWER SOLUTIONS FOR THE RIGHT MOMENT
ENGINE FEATURES
. Radiator Cooled
. Starter and alternator
. Oil pump and filter
. Air cleaner
. Mechanical governor -3-5%
-;ITAL CONTROLLER
ATURES
. Microprocessor based, digital
read-out control system
. Unit-mounted
. Engine vitals monitored by
LCD display:
-Oil pressure
- Running time
- Engine temperature
-Safety shutdowns:
-HWI', OC, OS, OP, LWL
- Battery voltage
-Generator AC voltage
-AC amperage
"'-_ I-~::"'---C
'-t,3.
- Frequency
. Continuous displays:
-Oil pressure
- Engine temperature
- Battery voltage
- Low fuel level
GENERATOR FEATURES
. Brushless single bearing
. Automatic voltage regulator:
-Over-excitation protection
- Under-frequency
compensation
. Available voltages:
-120/240 1 0 12 wire
-120/20830 12 wire
-120/2403012 wire
-277/480 3 0 12 wire
ADDITIONAL FEATURES
. Oil drain extension
. Flexible fuel connector
'C'
~-TI~-:: r -- '-,
i'i "C,1..''''.'~''=-==;cc
,'jtS; ~~~~ldl~.r~:~.-~~;~~
'~ ~ir ~ ~ !5'$ ~-/ \ ~~"1 ! . ~-- ~_"J
~t1? -, _."~ i ,:__~,'o-~i .
-::--"," -~ < -~-- .. ~
~'::;=:\-, ~
. Battery: 12 volt with rack
. Battery charger: 12 volt 6 amp
. Battery cables
. Vibration isolation pads
. Jacket water heater: -200F
. Mainline circuit breaker
. Muffler
OPTIONAL FEATURES
. Sub-base fuel tank with
electrical stub-up area
. Weatherproof or Crystal
Quiet enclosure
. PMG
. Sound attenuation
. -1112" foam
. -Sound scoops
. Remote annunciator
. Isochronous governor
. UL2200 Listed
I-----~--_...- -
· ;,;:/n~'<
:\'~~;'-iJ~
:... ..:.... ,...... '':.'' ,.',' ..
';.".' ~".-
~~.:;;,y' .. .. - --
~~~Z____~
,~ ]
100 Power Drive, Mankato, MN, 56001, Phone: 800-325-5450, Fax: 507-625-2968, www.katolight.com
~
DIESEL MODELS
15JtW:
:; ... . .,4QkW:r2/';/HS,i
5030TF270
4 C cle
Turbochar ed - Water to Air
51nline
186 3.05
3.4 (8.6)X 4.1 (]0.5)
20.5:1
]800
189 (1,303)
80(60
DSP J 5406010704
KATOLIGHT CORPORATION
STANDBY LIMITED WARRANTY
"FIVE YEAR 1500 HOURS"
Your Katolight Product has been manufactured and inspected with care by experienced craftspeople. If
you are the original consumer, Katolight Corporation warrants, for the period indicated below, each
product to be free from defects in materials and workmanship. Repair, replacement or appropriate
adjustment at Katolight Corporation's option will be furnished if the product, upon Katolight
Corporation's inspection, is properly installed, maintained and operated in accordance with Katolight
Corporation instruction manuals. This warranty does not apply to malfunctions caused by damage,
unreasonable use, misuse, repair or service by unauthorized persons, or normal wear and tear.
KATOUGHT PRODUCT PERIOD OF WARRANTY: Engine Generator Set: Parts for five (5) years including
labor for the first two (2) years or j500 hours from the date of invoice by factory. Accessories: Parts
and labor for one (1) year from date of invoice from factory. Transfer switches: If purchased with a
generator set: Parts and labor for two (2) years from date of invoice by factory. The warranty period
can be adtusted to the date of start up if completed within twelve (12) months of invoice date. A valid
warranty requires that: (1) the Katolight start-up validation form must be completed, returned with in
30 days of start-up date and on file at Katolight Corporation. (2) the engine registration form must be
completed and returned to manufacturer as stated in the instructions with registration form. And (3)
all supporting maintenance records must be kept on file with the end user and made available upon
request from factory. The generator set must be routinely exercised in accordance with operating
instructions. Engine generator sets that are stored longer than six (6) months (180 days) from date of
shipment are subjected to special requirements. Contact Katolight's Factory Service Center for
instructions
For a description of accessories and exclusions from this limited warranty, review the listings on the
reverse side of this document.
TO OBTAIN WARRANTY SERVICE: Contact your nearest Katolight Service Representative. For
assistance in locating your nearest authorized service representative, contact Katolight Corporation,
Attention: Service Department. (See contact information below.)
Warranty service may only be performed by Katolight authorized service providers. Service performed
by unauthorized persons will void all warranties.
Katolight shall not be liable for any claim greater in amount than the purchase price of the product, in
respect of which such claim is made, and in no event shall Katolight be liable for any special, indirect or
consequential damages.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE DESCRIBED HEREIN. NO WARRANTIES
SHAll BE IMPUED OR OTHERWISE CREATED UNDER THE UNIFORM COMMEROAl CODE, INCLUDING
BUT NOT UMITED TO A WARRANTY OF MERCHANTABIlfTY, AND A WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE.
State laws regarding rights of consumers may vary from state to state.
KATOUGHT CORPORATION 100 Power Drive I PO Box 3229
Mankato, MN 56002-3229
Phone: (507) 625-7973 IFax: (507) 625-2247 www.Katolight.com
1. The following items are among those that are not considered nor will they be covered under the existing warranty program.
a. Battery or Batteries of any type or kind. The Battery Manufacturer warranty applies to these only. Any warranty for
such, should be handled with the manufacturer's local distributor according to their policies.
b. Adjustments to fuel systems or governor system at time of start up or any time after. This is acceptable only when a
defective part has been replaced, returned to the factory and approved as defective.
c. Normal maintenance costs: adjustments, loose/leaking fittings or clamps, and tune-ups performed during start up or
anytime thereafter.
d. Due to shipping, manufacture is not responsible for loose connections. All connections must be checked at time of
start-up.
e. Non-Katolight replacement part(s) will void the entire limited warranty.
f. Products that are modified in any form without the written consent of Katolight will void the entire limited warranty.
g. Shipping damage of any type. All equipment is shipped F.O.8. factory and is consigned to the carrier once loaded for
shipment. It is the responsibility of the receiver to sign and note any damage to the equipment and a freight damage
claim filed by the receiver.
h. Any installation errors or damage of the equipment when shipped as ordered.
i. Any overtime travel or labor to make repairs under warranty.
j. Any special access fees required to gain access to Katolight equipment not limited to but including any training or
safety policy requirements to gain access.
k. Additional costs associated with inaccessible installations, including removal and reinstallation of the generator set.
I. Rental equipment used during warranty work such as Generators, rigging equipment such as a crane or boom truck,
load banks and special testing above factory requirements, etc.
m. Excess mileage charges. Any authorized service provider may perform warranty service anywhere, but will only be paid
travel from the nearest service center and limited to 400 miles round trip.
n. Any equipment not factory approved and engineered for use on Katolight products. This includes but is not limited to
after market items such as special fuel systems, enclosures, exhaust systems, or switch gear that had been sought out
and quoted by a third party to be included in billing of the Katolight equipment.
o. Misuse or abuse including installation and thereafter.
p. Normal wear and tear, maintenance and consumable items that are not required as part of a warranty repair.
Consumable items include but are not limited to belts, hoses, coolant, oil, filters, and fuses.
q. Acts of nature such as lightning, wind, flood, or earthquake.
r. Any damage due to situations beyond the control of the manufacturing of the product or workmanship of the product.
s. Installation or operation outside the guidelines as stated in the Installation Guide and Owners Manual.
t. Diesel engine "Wet Stacking" due to lightly loaded diesel engines.
u. Misapplication of the equipment such as usage outside the original design parameters as stated on the nameplate of
the equipment.
v. Travel expense on portable equipment.
w. Trailer lights, wiring and brakes.
x. More than one trip to job-site because Service Vehicle was not stocked with normal service parts.
y. Lodging expense of person(s) performing service unless approved in advance by factory.
z. Engine fluids.
aa. Units purchased at the Standby Power rating that are being used in a prime power application.
bb. Any repair labor time that is determined to be excessive, e.g., two or more people performing a one-person job.
cc. Any expenses associated with investigating performance complaints in which no defect is found.
dd. Any associated costs for replacing components that are found not to be defective.
ee. Any adjustments covered in the start-up and inspection forms that are to be completed during start-up.
2. The aforementioned is a representation of things not covered by the "UMITED WARRANTYn. If there are questions as
to warranty coverage it is advisable to contact the factory in advance of filing a claim.
3. The accessories that are limited to one (1) year parts and labor include but are not limited to:
a. Battery Chargers
b. Water Heaters
c. load Banks
d. Tap changing switches
e. Circuit breakers
f. Day tank pumps and controls
g. Hand priming pumps
h. Oil leveler systems
i. Strip heaters
j. Gas solenoid valves
k. Gas flex pipes
I. Cords, receptacles and cord reels
m. Housing lights, space heaters and associated equipment.
Rev: 20031021
History
A History of Meeting Industry's Need For Power
Since 1952, Katolight generator sets
have been helping customers meet their
need for reliable power for a myriad of
applications including communications,
hospitals, government and agricultural
confined livestock and greenhouse
operations.
Katolight began its dependable power
story by serving agribusinesses in the
heart of the Midwest farm belt. Today,
Katolight generator sets can be found in
thousands of places around the world,
such as the National Institute of Health
in Washington, D.C., the Beijing
Newspaper in China, Telesat-Satellite
Communications in Macau, Bonneville Power Authority of Oregon and Washington. Katolight
generator sets also power hospitals, factories, government and agricultural installations across
the United States.
Katolight provides generator sets that meet the growing demands of many varied and diverse
market segments. Katolight's technical knowledge in the field of power generation has led to
the development of diesel and gaseous powered generator sets used around the world.
The widespread acceptance of Katolight equipment reflects the company's reputation for
quality and reliability in design, manufacturing and service. Katolight places great value on the
establishment of long-term relationships with its customers and distributors, which is evident in
the company's superior level of technical support and our emphasis on customer service.
Katolight has a great deal of successful experience in projects involving the development of
generator sets to meet critical specifications. Much of this equipment has been produced to
strict government performance and construction specifications. Katolight can design, produce
and test engine generator sets to demanding quality and performance requirements.
Katolight's product line uses liquid cooled diesel, natural gas and liquid petroleum gas engines
in sets ranging in size from 15 kW to 2800 kW. Systems feature standard or special controls,
as well as components and switchgear to meet specifications. Katolight generator sets are
designed to satisfy utility or special purpose applications.
Katolight currently operates out of over 110,000 square feet of manufacturing and office space
with more than 160 employees and a national and international distribution network. Katolight
customers continue to benefit directly from over 50 years of experience and flexibility.
Contact Katolight's marketing department for a seven minute video about the company.
Performance Assurance
Certification
The Performance Assurance Certification provided by Katolight Corporation certifies that each
model and every production unit will reliably produce its rated output with all accessories with the
selected fuel.
Katolight Corporation's Performance Assurance Certification is the most complete and extensive
testing in the engine generator industry. It has always been the standard test performance of
Katolight Corporation.
The Standard Unit Will Include:
. Full load at rated PF and maximum load, to verify engine power, overload and maximum capability.
. KVA, kilowatts, amperes, voltage. Frequency and voltage transients at one half and rated load.
Frequency at: no load, full rated load and maximum output.
. Regular range (adjust), phase sequence, phase voltage balance.
. Stator and exciter field resistance.
. Insulation test, generator field, exciter armature, exciter field, generator armature or stator.
. Dielectric test, generator field, exciter armature, exciter field, generator armature or stator.
. All safety shutdown and automatic controls.
. Lube oil pressure (if applicable), water temperature (if applicable), battery charger (if applicable).
. Jacket water heaters and/or lube oil starting aids.
. Accessories (annunciator panel, chargers, pumps, transfer switches) as supplied.
Standard test procedures are per MIL-STD-705 test methods. Katolight Corporation is capable of
performing complete MIL-STD-705 testing for critical, precise power, government and military
Application performance is certified by
Katolight for every unit manufactured.
Our company's philosophy and
performance are regularly reviewed to
ensure continuity of the program and
conformance with national and other
codes or regulations affecting generator
systems such as:
3I1.1b
3a1.
".1_
.....~.
_11) .
...
.,' ..~>:.,-:,#;--,>\
_.le
--
S1IL1o
511.1~
511"
5f'~
51
S
818.1
~1o
. NFPA 99-Health Care Facilities
. NFPA 70-National Electrical Code
. NFPA 110-Emergency and
Standby Power Systems
. State of Pennsylvania Department
of Labor and Industry
OS/24/2005 15:30
3527320225
CJS SALES AND SVCVID
PAGE 01
132 NE 17th Place
Ocala, FL 34470
PH (904) 260-1771
PH 800-877~1260
FX 352-732-0225
EMAIL carlost@cjsp.wer.com
WEBSITE WWW.cJslI)wer.com
Fax
To:
City of Boynton Beach,
From: Carlos Torres
Purchasing Department
FaJl:: 561-742.6299
PaS": 2
Phonec
Oats: 5/24105
Re:
Generator "Piggy-Back"
cc:
o Urgem 0 For Rsviow 0 PleaslI eomlftont 0 Ploaso Rllply 0 PI__ R~y :'0
. Comments:
Gentlemen,
Please find attached a copy of our Liability Insurance per your request.
If you require any further infonnation, please feel...... to contact us.
Thanks!
OS/24/2005 15:30
3527320225
CJS SALES AND SVCVID
ACORD", CERTIFICATE OF LIABILITY INSURANCE I
PIlOOl,lCER THIS CERTIFICATE IS ISSU~O AS A MATTER 0
Lassite~.Ware of Oe~la ONLY AND CONFERS NO RIGHTS UPON TH
2011 SW 20th plQQ9 HOLDER. THIS CERTIFICATE DOES NOT AMEI
iI 101 ALTER THE COV~RAGE AFFORDED BY THE P<
Oe.~4, ~ 34474-7023 INSURERS AFFORDING COVERA(;
(352) 369-2500 fB5e' (3S2) 369-6916
-..
INSURI!D INSURER A, Mdi~Orl Insurance C~Bny l(
CJ's aaloa ~ S.~iee of Oeala, Ino.
132 NE 17th P14~e INSURER B: FCCI
OO..Ii1., PL 34470 INSURER C: 'w.".
INSURER 0:
I INSURER e:
COVERAGES
THe J)OL1CIE;S OF INSURANCE LISTED BEL.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH~ POliCY PERIOD INDICATEO. t
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF! OTHEFl OOCUMENT WITH RESPECT TO WI-IlCH THIS C!:RT'~ICATE ~
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CO
POLICIES. AGGREGATE LIMITS SI-IO'IVN MAY HAVE SEEN REOUCEO av PAID CLAIMS,
IIW TVF'!!! OF INSURANCE POLICY NUMBER. F'~.&~YI!PI'I!C:TM! POLICY IiXl'lRA1ION LIMIT
~""RAL LIABILITY 60Ce0726 :n/21/2004 11/:011/2005 EACH OCCURRENCE
X ==rMEFlCIAL GENERAL LlABrLl'lY FIRE DAMAGE (Anyone Ore)
- CLAIMS MADE [K] OCCUR I MIW EXP (Any one pureen)
A ,
- I PERSONAL & ADV INJUAY
- GENERALAC~REGATE -
~'L A<1lGRne 1.IMlT AF'n$ F'''F1: PRODUCTS - COMPIOP AGG
X POLICY ~~.2;. LOC
AUTOMOBILE LIABILITY 60080726 11/21/2004 11/21/2005
- COMBINED SINGLE LIMIT
IX ANY AUTO lEa ac~nt)
r----
A~ ALL OWNED AUTOS aoON. Y IN./I,IflV
SOl mULED AUTOS (Par plnon)
~IRED AUTOS 00011. y INJU'lY
r-'-
~ NON.QWNEO AUTOS (Par Dccldent)
IX PIP
~OPERTY OA!ilA~
(Pnr oc.cldant)
~IlAGE llAlIlLlTY AUTO ONLY - EAACCIDENT
ANY AUTO OTHER THAN EA ACC
AUTO Of'll.Y: AGG
I;XC"~~ LIABILITY G009072G U/:21/2004 11/21/2005 EACH OCCURRENCE
~'OCCUR [] CLAIMS MADE I AGGREGATE
A I
- I
-....: DEDUCTIBLE
X I RETENTION $ 10,000
WORKERll COMPENSATION AND 214S0 01/01/2005 01/01/2006 )( I~STATU-,I .I~la.:
EMPLOYERS' LIABILITY I
B E.L. IOACH ACCIDENT
U, OIS5AS!; - EA EMPLOYEE,
E.L. orSIOASE - POLICY LIMIT i
OTHER
DESCRIPTION OF OPERAllON8ILOCAT10NaNEHlCL~Il~lCcLIJSI(lNS ADPI;D lilY Jl;NDOltSe....",.,Sp..CIAI. "ROVI!ill~
CERTIFICATE HOLDER I I ADDITIONAL ItlSURED' INSURER lI!TTER: CANCELLATION
SHOULD ANY OF THli AUOve l)lillC~I"'''O POLI(:I"8 Dr; CI'oNCELL~D 8
C!TY 0[1' 1l0Ylll'TON El:u.C1l DATE llUiRllOF, TH~ ISSUING INSURER WILL Jl;NDeA~ TO MAIl.
l?tmCKJ.aI~Q DEPAR'1'HBN'l' ~OTIC15 TO THI!I CIIRTlFIC^ TIi HOLDllIt NAMIlD TO TH" UiiFT, llUT F II
PO IBOX 310 ,-os.. ...0 OIll.,r.;IITIO'" Oil I.IA"'II.ITY OF IINY KINI;II,JPON 1HI; IN'
RiPRESEHTA.TIVliS.
BOYNTON ADCH, PL 334250nO AUTHORlZl!ll ~E~I!:~NT"'TIVE
I (ax, (561) 74262!19 Lori R. RBII\ilton
ACORD 25-8 (7197)
PAGE 02
011 TI; (MNI/llD/VV)
5/24/05
INFORMATION
CERTIFICATE
J, EXTEND OR
.ICIES BELOW.
24
)T\VITHSTANDING
IV BE ISSUe:O OR
JITIONS OF SUCH
,1.,000,000
. 100,000
, S,OOO
,1,000,000
,2,000.000
,2,000,000
; 1,000,000
---
1,000,000
1,000,000
1,000,000
1,000,000
1,000,000
'ORE TH~ Exl'1RA tlOtol
o DAYS WRITTEH
I,Jltl; TO 00 SO StlALL
~It. ITS A~~NTS ~
(iI ACORD CC :PORATION 1988
VI.-CONSENT AGENDA
ITEM 8.6.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D June 7, 2005 May 16,2005 (Noon)
[2J June 21, 2005 June 6, 2005 (Noon)
D July 5, 2005 June 20, 2005 (Noon)
D July 19,2005 July 5, 2005 (Noon)
D April 5, 2005 March 14,2005 (Noon.)
D April 19, 2005 April 4, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon)
D May 17,2005 May 2,2005 (Noon)
NATURE OF
AGENDA ITEM
D
[2J
D
D
D
D
Administrative
Consent Agenda
Public Hearing
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RECOMMENDATION: A motion to split award "TWO YEAR BID FOR AUTOMATIC TRANSMISSIoN:PAR:J;:]'
AND REPAIRS", BID#039-1412-05/CJD to Florida Worldwide Transmissions, Inc. of Lake Worth, F~ida~~
Sun belt Hydraulics & Equipment of Delray Beach, Florida.
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EXPLANATION: On May 18, 2005, Procurement Services received and tabulated five (5) proposals for ~ "T~
YEAR CONTRACT FOR AUTOMATIC TRANSMISSION PARTS & REPAIRS". The proposals )A1ve ~
reviewed and it was determined that the award should be made to Florida Worldwide Transmissions, In~filr ~
of City cars and light trucks and the award to be made to Sun belt Hydraulics & Equipment for the repair of medii!n
and heavy Duty trucks. Both companies were the most responsive bidders who meet all specifications. Past
performance with Florida Worldwide Transmission Parts & Repairs has shown that they do not have the equipment
to lift our medium and heavy duty vehicles therefore the split award to Sunbelt Hydraulics Equipment. Tim Calhoun,
Fleet Manager concurs with this recommendation (see attached memo #05-062). 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.
CONTRACT PERIOD JUNE 21, 2005 TO JUNE 20, 2007
PROGRAM IMP ACT: The purpose of this bid is to secure a source for the purchase of Transmission Parts and
repairs that will give prompt and convenient service for our Fleet Service Department.
FISCAL IMPACT:
ACCOUNT#:
501-2516-519-46.31
ESTIMATED ~ENDlTURE:
$25,000.Oi
, -r~..e.____
City Manag 's Signature
~~
Assistant to ill Fmance Director
Procurement Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Tim Calhoun - Fleet Manager
File
PUBLIC WORKS DEPARTMENT
MEMORANDUM #05-062
SUBJ:
Mary Munro, Assistant to Finance Director
>")
Tim Calhoun, Fleet Administrato~.'
Contract Award for Automatic Transmission Parts & Repairs
TO:
FROM:
DATE:
June 2, 2005
We have reviewed the bidders that have submitted bids for the Automatic Transmission Parts &
Repairs contract; we would like to award a purchase order to both vendors Florida World Wide
Transmission and Sunbelt.
Florida World Wide Transmission is qualified and should be awarded the purchase order to repair the
City's cars and light trucks. SunbeIt is qualified and should be awarded a contract to repair the City's
Medium and Heavy Duty trucks. We have based on decision on awarding SunbeIt the medium and
heavy truck transmission because of the overhaul cost quoted in the bid and past experience has shown
that Florida World Wide Transmission does not have the equipment to lift our medium and heavy duty
vehicles.
Our projected expenditures for this contract may be as high as $25,000, split $10,000 with Florida
World Wide and $15,000 with Sunbelt. This is driven by the cost to repair the larger transmissions.
The account we will be using is 501-2516-519-46-31.
Please let me know if you have any questions regarding our recommendation above.
Copy: PW Files
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VI.-CONSENT AGENDA
ITEM B.7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) [8J June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [8J Consent Agenda 0 New Business
'..... )
AGENDA ITEM 0 Public Hearing 0 Legal .:J-l
0 0 Unfinished Business ~~-<
Bids c_ -.< c::
c: .-l-r;
0 Announcement 0 Presentation .r;'t..._
'J..,~
I e1:'-~)
0 City Manager's Report 0'" ,.-, ,'"
--,~
J~
o
'-=:;z
RECOMMENDATION: Motion to approve the "SURPLUS VEHICLEfEQUlPMENT LIST" four (4)l.;{te~
submitted by Public Works/Fleet Maintenance and allow for the sale of same. (..., ()~
i"" ('")
EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLEfEQUIPMENT LIST" four (4) itenif
as submitted by Public Works/Fleet Maintenance Division (see attached Memos# 05-66). Utilizing the City of Boynton
Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to
the Fleet Maintenance Funds.
Procurement Services requests Commission's review, evaluation and approval to sell the surplus property.
PROGRAM IMP ACT: The disposal of surplus vehicles/equipment will provide inventory control maintenance and
allow for receipt of revenues through a process monitored by Procurement Services.
FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Fleet
Maintenance Fund in the following account:
Revenue Account No.
501-0000-365-01.00
Account Description
Sale of Surplus Equipment
ALTERNATIVES: Maintain the vehicles/equipment in inventories
conceivably impact operations due to down time for repairs.
FINANCE/PROCUREMENT
Department Name
that could
~~
ASSISTANT TO THE DIRECTOR OF FINANCE
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Jeff Livergood - Director of Public Works
Tim Calhou - Fleet Manager
File
PUBLIC WORKS DEPARTMENT
MEMORANDUM #05-66
t-.:" \.. ij.'~ '1;,....
r." I).'
~~.. u
JUN (U 2005
j.l kO(';U~SERVICES
TO:
Mary Munro, Assistant to Finance Director
SUBJ:
Jeffrey Livergood, P.E., Director of Public Works -..::flv
Chris Roberts, Deputy Director of Public Work@~ r ~
Tim Calhoun, Fleet Administratol,
Surplus Equipment
THRU:
FROM:
DATE:
June 2, 2005
The resources listed in this memorandum are surplus. Each unit is scheduled to be replaced with a
new, updated vehicle or are a fleet reduction. We request the approval of the City Commission to sell
these excess resources through local auction or sealed bids when the new vehicles arrive.
ID # Make Year Model Vin # Condition
--
120 Ford 1994 Ranger Pick Up 1 FTCR1 OA3RUC64157 Fleet Reduction
121 Ford 1994 Ranger Pick Up 1 FTCR1 OA5RUC64158 Fleet Reduction
4902 Ford 1999 Crown Victoria 2FAFP71W3XX182151 High Miles
8540 Rawh 2000 Landscape Trailer. 1 R9L T0618GR952687 Rusted Unsafe
VI.-CONSENT AGENDA
ITEM B.8
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: A motion to approve a "piggy-back" of the CITY OF PALM BAY, BID#23-0-2002/GG to
Aquifer Maintenance and Performance Systems, Inc. of West Palm Beach, Florida, for Well Rehabilitation Services
with an estimated annual expenditure of $300,000.00. C~) CJ ~.~
COI ::.:::; -<
EXPLANATION: The City currently has twenty-seven (27) raw production wells in service that requ~ regtitar
maintenance, repair and rehabilitation to maintain our water supply. City employees provide routine maiiKenari~:Th
the wells, and outside contractors provide repair and rehabilitation services. The contract awarded ~ AqiU~
Maintenance and Performance Systems, Inc. enables the City to realize a 20% savings over our previous coIik~t
with this same company. This contract was initially bid by the City of Palm Bay in 2002 with (4) renewa~ri~f
12 month each with an escalation clause of 2 Yz% for each year starting with the 2nd year, 1st renewal peri~ W~liJ!"e
currently in the fourth year of an optional 5 year agreement. The Utilities Department began utilizing this tbntri'ilfflt
January 2004 and has been successful in rehabilitation Wells 20E, 22E, 6E, 17E, 18E, t9E, 21E, 9E, 8E, 6\iC5~W,
and HE. The Utilities Department has tOE, t2E, and 13E to complete and estimates are $75,000.00 per well ~
$15,000.00 per pump and motor. The department anticipates spending approximately $300,000.00 per year. In the
recent past we went out to bid for Well Rehabilitation and possible well reconstruction (new wells at existing sites).
The bids were over 1 million dollars. We have been successful in rehabilitation existing sites and saving over $.5
million.
PROGRAM IMPACT: The twenty-seven (27) raw water production wells in service require continual repairs and
maintenance by outside contractors. The scope of work includes: acidization, air scouring and development, screen
and gravel replacement, pumps, motors, video surveying, etc. It is essential to have a contractor available to the City
to perform these services, and this requested "piggy-back" would provide a contractor at a cost savings.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Funds are allocated in the FY2004/2005 Annual Budget as follows:
Account Description:
CIP-R&R Water
Account Number:
405-5000-590-96-02
Amount:
$300,000.00
FINANe ~ I P/20c&Y)EN'(
Department Name
~~
AssIstant to e Fmance DIrector
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Barb Conboy - Manager Utilities Administration
File
MEMORANDUM
Utilities #05-071
RECEIVED
MAY 2' 2005
PRO\..l.JR~RVICES
TO:
Mary Munro
Purchasing Agent
FROM:
Kofi Boateng i/ . _ j) ~ _
Director of Utilities ~ ~
:s-
DATE: May 20, 2005
SUBJECT: Piggy-back City of Palm Bay Bid/Contract #23-2002
For Well Rehabilitation Services
AGENDA ITEM - June 21,2005
The Utilities Department is requesting that the Procurement Division place on the June
21, 2005 Commission agenda approval to Piggy-back the City of Palm Bay Bid/Contract
#23-2002. This piggy-back bid as a renewal statement that extends the contract until
June 5, 2006.
The Utilities Department began utilizing this contract January 2004 and has been
successful in rehabilitating Wells 20E, 22E, 6E, l7E, l8E, 19E, 2lE, 9E 8E, 6W, 5W,
4W, and lIE is still underway. The Utilities Department also has 10E, l2E and 13E to
complete and estimates are $75,000 per well and $15,000 per pump and motor. The
department estimates spending approximately $300,000 per year. By utilizing this
contract we are able to save money. In the recent past we went out to bid for Well
Rehabilitation and possible well reconstruction (new wells at existing sites). The bids
were over $1 million dollars. We have been successful in rehabilitating existing sites and
saving over $.5 million.
Attached please find the original bid/contract and the on-going amendments.
Funds are available in the Renewal and Replacement account 405-5000-590-96-02,
WTR075. Please place this on the June 21,2005 agenda for approval.
c: John Reynolds
Barb Conboy
05/19/2005 10:23
3219523401
CITY OF PALM BAY
WELL AEHABITITATlON SERVICES
Aquifer Maintenance & Performance Systems, Inc. (AMPS)
Pricing effective 6/6/05 - 6/5106
I DESCRIPTION OF TASK UNIT UNIT CO~
Well Service Rig Per hour $193.84
Pump Service Rig Per ho'ur $129.23
Cement work or demolition Per hour $96.92
" Per hour $80.77
On Site Welding Unit
Maohlne Shop Welding Per hour $70.01
PumpJWell technician Per hour $75.38
Down hole video surveys Per video $538.44
Chemical Treatment Per hour $242.31
Well abandonment Per hour $134.61
Mobilize, demobilize & cleanup Per well $376.91
Wellhead/pump removal, cleaning and reinstall Per well $1,507.65
Specific Capacity test, Before and after rehabilitation Per hour $129.23
Well Acidification/EPA Per well $1,723.03
Well Development and Redevelopment Per hour ' $129.23
J
Chemical disinfection of well after rehabilitation Per hour $242.31
Pump Motor Retrieval Per hour $129.23
Miscellaneous work as needed, normal business hours Per hour $129.23
MiscellaneouS work as needed, non normal business Per hour $183.08
Chlorine Maintenance of Wells Per well $242.31
Flow Meter Maintenance and Calibration Per hour $102.32
Deep well Pump Maintenance Per hour $177.70
Well/Pump /Motor maintenance -
Per hour $129.32
Quarterly well monitoring reports Per Report . $1,076.90
Raw water disposal Per hour $53.84 .
Airlift well Per hour $129.32
Pump test Per hour $134.61
360 Degree Video -..
Per Video $969.20
Well Drill .~
Per Foot $34.46
City of Palm Bay Contract 1123-0-2002
PAGE 02
1
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1-12-204 12:52PM
FROM AMPS. INC. 15614942944
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AQUIFER MAINTENANCE AND PERFOR"ANC~ SYSTEMS
7146 HaverhiIl Road · West Palm Beach, FL 33407 · 56] -494-2844
January 12,2004
Ci ty of Bayman. Beach
5469 West Boynton Beach Blvd.
Boynton Beach, FL 33437
Attn: Bob Kenyan
R~ CITY OF PALM BAY CONTRACT #23-0-2002
Aquifer Maintenance & Performance Systems; Inc. (AMPS, Inc.) agrees to allow the City
of Boynton Beach to piggyback our existing contr<lcl with the City of Palm Bay (contract
#23-0~2002) with the same terms, conditions; specifi~ations & pricing.
If you have any questions about the above information or if we may be of any further
assistance please don't hesitate to call. Thank you.
FOR YOUR TOTAL PUMP AND WELL FIELD NEEDS
CITY OF
PALMBAY
FLORI DA
120 MALABAR ROAD SE, PALM BAY, FL 32907-3009
(321) 952-3400
INVITATION TO BID
ITB #23-0-2002/GG
Date: May 1, 2002
REQUESTING DEPARTMENT:
City of Palm Bay
Purchasing & Contracts Division
120 Malabar Rd., SE
Palm Bay, FL 32907
YOU ARE INVITED TO BID PRICE AND DELIVERY ON THE FOLLOWING ITEM:
WELL REHABILITION SERVICES
SECTION 1 - BID INFORMATION
1.1 The City of Palm Bay (hereinafter referred to as "City") is requesting sealed bids for the purpose of obtaining
Well Rehabilitation Services
1.2 BID DUE DATE &TIME: TUESDAY, May 21, 2002 AT 2:00 P.M. Bid packages shall be mailed or hand-
delivered to thec.)ffice~f~urchasing & Contracts Divisf~~' located at the CITY HALL, 120 Malabar Road SE,
Palm Bay, Florida 329:@-~, Room 123. Bids are to be teceived NO LATER THAN 2:00 P.M. Bids will b;:-
opened at City Hall immediately after bid close. Bids received after the specified time and date will not be
accepted. The City will not be responsible for mail delays, late or incorrect deliveries. The time/date stamp
located in the Office of Purchasing & Contracts Division will be the official authority for determining late bids.
1.3 All bid sheets and required attachments must be executed and submitted in a sealed envelope. Bidder shall
mark bid envelope, ITB# 23-0-2002/GG, Well Rehabilitation Services. Bidder's name and return address
must be clearly identified on the outside of the envelope.
1.4 These documents constitute the complete set of terms and conditions, specification requirements, and bid forms.
Any additional information should be attached to this bid format, or the bid may be disqualified. Bid Sheet(s)
with an original signature, signed by an authorized company representative, must be submitted to validate the
bid price. -
Well rehabilitation Services
ITB # 23-0-2002/GG
1.5 Bidder shall submit three (3) complete sets (one (1) original (marked "ORIGINAL"), and two (2) copies) of
their bid, complete with all supporting documentation. Bids submitted by facsimile (fax) or electronically will
NOT be accepted. Submittal of a bid in response to this Invitation to Bid constitutes an offer by the Bidder.
Bids, which do not comply with these requirements, may be rejected at the option of the City. It is the bidders
responsibility to insure that Bid submittals are in accordance with all addendums issued. Failure of any Bidder
to receive any such addendum or interpretation shall not relieve such bidder from its terms and requirements.
Addendums are available Online at htto://www.demandstar.com.
1.6 Bids not submitted on the enclosed Bid Form shall be rejected, unless stated otherwise in the bid documents.
If a Bidder wishes not to submit a bid, complete and return the "NO BID RESPONSE" form on page 11.
1.7 A "Check Sheet" is provided, page 15, to assist Bidders in submitting the required documentation for bid
consideration. The check sheet does not relieve bidders of the responsibility of reading, understanding, and
submitting any documentation that may be required elsewhere within this bid document.
1.8 "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes,
for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor List."
1.9 INDEMNIFICATION STATEMENT - By submitting a bid document signed by an authorized agent of the
contractor, bidder acknowledges and accepts the terms and conditions of the following Indemnification
Statement in the event of contract award:
For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Contractor shall indemnify, hold harmless and defend the City of Palm Bay, its officers,
agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim
or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal,
which the City of Palm Bay, its officers, officials, agents, officials representatives or employees or any other
person(s) or business entity(is) who may hereafter sustain, incur or be required to pay, arising wholly or in part
due to any act or omission of Contractor, its agent( s), vendors, subcontractor( s), representatives, servants, or
employees in the execution, performance or non performance or failure to adequately perform cO:J.tractor's
obligations pursuant to this contract.
1.10 DISCRJMINA TION STATEMENT: An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on
a contract with a public entity for the construction or repair of a public building or public work, may not submit
bids on Jeases of real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact business with any
public entity.
1.11 COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: The submission of this bid
in response to the Invitation to Bid constitutes a contractual agreement, at the option of the awarded contractor,
for the same prices, terms and conditions, to other governmental agencies, political subdivisions, counties and
cities. Each governmental agency desiring to accept this bid shall do so independently of any other
governmental agency. Each agency shall be responsible for its own purchases and shall be liable only for
materials ordered and received by it, and no agency, political subdivision, county, or city assumes any liabilities
by the use of this bid.
2
Well rehabilitation Services
ITB # 23-0-2002/GG
1.12 PROTBSTS: Any individual or fIrm who feels that they were adversely affected by the City of Palm Bay with
respect to the award of any bid shall fIle, with the Purchasing Agent, a written notice of protest within seventy-
two (72) hours after notice of consideration to award. The "Notice of Consideration To Award" for this bid
shall be posted at least seventy-two (72) hours in advance of the award, on the bulletin board located in the
main lobby of the City Hall building at 120 Malabar Road SE, Palm Bay, FL 32907. The City's procedures to
resolve the protest are based on the City of Palm Bay Management Policy and Procedures, Section 22.7, City
Purchasing, for Bid Protest Procedures. Copies of this document can be made available by contacting the
Purchasing & Contracts Division.
1.13 RESPONDENT/RECOMMENDATION OF AWARD INFORMATION: The Notice of Award for
BidslProposals, Bids/Proposals currently available, and Bid Tabulation sheets are Online. Web Page Address
http://www.palmbavflorida.org, under the Purchasing Department and also at http://www.demandstar.com.
Bidders, who do not have mtemet access, may request a copy of the bid tabulation by enclosing a stamped, self-
addressed envelope with the bid response.
SECTION 2 - SCOPE OF WORK
2.1 Production well rehabilitation is performed on an as needed basis. It is required that the Contractor contact
the Water Treatment Plant for scheduling and site visits prior to starting work.
2.2 Scope of work for rehabilitation is to include:
A. Mobilize and demobilize well and cleanup.
B. Wellhead and pump removal, cleaning and reinstallation of existing or new.
C. SpecifIc capacity test (with existing pump) before and after rehabilitation.
D. Well acidifIcation - E.P.A./Well fIeld protection approved chemicals. Contractor must submit a
list of all chemicals and the process's to be used, in addition to MSDS sheets. All chemicals used
shall be in accordance with all Federal, State and local guidelines and used per EP A directions.
Disposal of containers shall not be permitted on site and must be disposed of in accordance with
EP A guidelines.
E. Well development and redevelopment
F. Disinfection of well after rehabilitation. Contractor shall provide procedures for acid and chemical
treatment to the well for approval, prior to the work being performed.
G. Pump/Motor Retrieval.
H. A copy of any well rehabilitation down hole video taping (both pre and post well rehabilitation)
shall be provided to owner after each well rehabilitation.
I. An estimate of entire well rehab/project shall be submitted before an issuance of a purchase order.
2.3 Chlorine Maintenance will be performed on an individual basis as determined by the monthly trend data
available at the time, or as determined by the water plant chief operator. The chlorine is to be injected
under pressure down into the well.
2.4 Flow Meter maintenance and calibration shall be performed by the contractor as determined by the utility. If
it is determined that meter calibration is off, meter maintenance will be performed as needed. Contractor
shall send meter to the manufacturer for calibration prior to reinstall.
2.5 Deep Well Pumps at the Wastewater Plant shall be pulled, inspected and basket strainers cleaned on a semi-
annual basis or as deemed necessary by the utility Maintenance Supervisor.
3
Well rehabilitation Services
ITB # 23-0-2002/GG
2.6 Equipment - Equipment for RIO, well, and pump maintenance / emergencies shall be available within 24
hours oinotification of any problem as determined by Utility Maintenance Supervisor.
2.7 The Contractor will submit a copy of the original invoice for any material purchases. This will include but
not be limited to pumps, motors, valves, piping, and any ancillary material needed to accomplish the task.
2.8 Contractor will assist with any well / pump / motor maintenance within the Utility facilities as determined
by the Maintenance Supervisor. This will include pulling pumps such as V oc, Clear well, RIO, and High
service pumps. The contractor will also assist in pulling motors as needed, and assist in troubleshooting
various problems with the system.
2.9 Work completion - all well rehabilitation/maintenance work shall be completed within 30 days of the start
of the rehabilitation purchase order issuance unless an emergency situation arises as determined by Water
Plant Chief Operator or Maintenance Supervisor. All required work should be performed or discontinued at
the determination of the Water plant Chief Operator or Maintenance Supervisor
2.10 A quarterly report will be generated for each well specifying and graphing GPM, draw downs, static and
annual report will also be required to show entire well performance for each calendar year.
2.11 Contractor is responsible for all necessary warning signs to be posted at work site. Contractor will also be
responsible for the proper storage of all materials and restoration of site prior to leaving project.
Maintenance supervisor will need to sign off that the restoration has been completed to the satisfaction of
the owner.
2.12 The Utilities Water Treatment Plant laboratory will run all bacterial samples.
2.13 Contractor must communicate with Supervisor at the Water Treatment Plant Maintenance before proj ect( s)
begin to determine work schedule of each well. The contractor will also check in and out with the
Maintenance Supervisor on a daily basis and provide a status report for the current projects
2.14 The City wishes to contract with a contractor that will be available to perform this work on an annual basis
as needed. Schedule of Pricing list includes breakdown of each service required. Vendor is to submit unit
price for each service and/or product.
SECTION 3 - CONTRACT TERM
3.1 The initial contract period will begin as of the date on the Notice of Award and will continue for a twelve (12)
month period thereafter. The contract agreement may be renewed for an additional four (4), twelve (12) month
period, not to exceed a total of five (5) years and is contingent upon annual fimding availability. The ~tor
will provide the percent of increase for items 1 through28 for year 2,3,4 and 5 on Bid sheet number 2.
3.2. This agreement may be terminated at any time by either party. A thirty (30) day written notice to the other
party will be required.
3.3 The bidder shall be responsible for reading very carefully, and understanding completely, the requirements
and the specifications of the items bid upon. Any deviation from specifications listed herein must be clearly
indicated, otherwise it will be considered that items offered are in strict compliance with these
specifications, The successful bidder will be held responsible therefore; deviations must be explained in
detail on an attached sheet(s) and itemized by number. Any item(s) that does not meet City
specifications upon delivery will not be accepted and if the item cannot be brought up to specifications in a
4
Well rehabilitation Services
ITB # 23-0-2002/GG
reasonable time, the bidder will be
going to the neXt qualified bidder.
required to compensate the City for the difference in price entailed in
SECTION 4 - STANDARD OPERATING PROCEDURES (SOP'S)
4.1 The contractor shall provide SOPS for the following processes:
a. Well Acidification
b. Well Disinfections
c. Well Redevelopment and well development- Also include what redevelopment process and techniques
currently used in well rehabilitation, i.e., air development, chemical addition, etc. These mayor may
not be used depending on the needs of each individual well. (SOP's shall be provided for each
individual process).
d. Well Reconstruct Process - This process includes screen removal, cleaning out borehole, screen
installation, gravel pack installation etc..
e. Well Drilling
f. Down hole and 360 degree video survey
g. Chemical treatment
h. Well abandonment
1. Wellheadl pump removal, cleaning and reinstall
J. Specific Capacity test
k. Chemical disinfection of well after rehabilitation
1. Chlorine Maintenance of wells
mo Airlift well
n. Well drilling
SECTION 5 - BIDDER QUALIFICATIONS
A. Bidder must provide Qualifications and current certifications in the following areas:
5.1 Minimum 10 years experience in commerciaVindustrial well drilling, rehabilitation, and troubleshooting various
well water system problems.
5.2 Certification in the application, installation and service and repair of water specialties propeller, turbine and
ultra mag meters.
503 Certification in submersible motor application, installation and maintenance
5.4 Certified weIdel
5.5 State of Florida Water Well Contractors license
SECTION 6 - WARRANTY
601 The product shall have manufacture's warranty against defective material, workmanship and failure to perform
in accordance with required performance criteria.
602 Bidders shall provide all warranty information with bid submittal.
6.3 All equipment supplied shall contain complete maintenance instructions.
SECTION 7 - QUANTITIES:
7.1 The City reserves the right to increase or decrease total quantities as required. A minimum is not guaranteed.
SECTION 8 - INVOICES:
5
Well rehabilitation Services
ITB # 23-0-2002/GG
8 .1 Invoices for payment shall be sent to the Accounts Payable Dept., City of Palm Bay, 120 Malabar Road SE,
Palm Bay, FL 32907.
SECTION 9- INFORMATION:
9.1 Questions concerning the Bid or for further information, please contact Gary Garrison, Purchasing Contract
Administrator at (321) 952-3424.
9.2 No interpretation or change to the meaning of the Invitation to Bid will be made to any Bidder orally, except
by written addendum.
9.3 Bid information is also available on the City's Homepage at www.palmbayflorida.org.
6
Well rehabilitation Services
ITB # 23-0-2002/GG
WELL REHABITITATION SERVICES
BID SHEET NO.1 OF 3
ITB# 23-0-2002
TASK NO. UNIT DESCRIPTION OF TASK BID PRICE
1 Per hour Well Service Rig $ \ro~
2 Per hour Pump Service Rig $ '2D~
3 Per hour Cement work or demolition $ l1o~
4 Per hour On Site Welding Unit $ lSCS--
5 Per hour Machine Shop Welding $ LRS~
6 Per hour Pump/Well technician $ 1O<B.
7 Per video Down hole video surveys . ~~ v~ $ Sf:[).
8 Per hour Chemical Treatment $ Z25t.&
9 Per hour Well abandonment $ ,lS~
10 Per well Mobilize, demobilize & cleanup $ 0SOa
11 Per well Wellhead/pump removal, cleaning and reinstall $ \~4Q)~
.
12 Per hour Specific Capacity test, Before and after rehabilitation $ lIDt!.
13 Per well Well Acidification/EP A $ I") f.JI,X)$.
14 Per hour Well Development and Redevelopment $ 12Q~
15 Per hour Chemical disinfection of well after rehabilitation $ 21S~
16 Per hour Pump Motor Retrieval $ \W~
17 Per hour Miscellaneous work as needed, normal business hours $ \ )1) aJ,
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Submitted by:
Authorized Signature
7
,~.?/ 19/ 2005 10: 23
3219523401
CITY OF PALM BAY
PAGE 01
CITY OF PALM BAY
AMENDMENT TO PURCHASE AGREEMENT
BID/CONTRACT # 23-0-2002
This amendment to the Purchase Agreement for Well Rehabilitation Servi< ~
made and entered into as of April 5, 2005, by and between the City of Palm E lY
and Aquifer Maintenance & Performance Systems, Inc.
The Agreement entered into on June 6. 2002 as to term, is hereby amendec to
renew the term of the Agreement for twelve (12) additional months, at a new r te
to include a 2 %% increase as allowed for in the proposal documer :s,
commencing on June 6. 2005 and terminating on June 5,2006. (Fourth yeal of
an optional five-year agreement).
In the event this contract term is not the same as the fiscal year encj (10/1 /e ~ -
9/30105), renewal of this agreement is subject to any required City COUI cil
approval or ratification and appropriation of funds necessary to make paymen to
successful bidder.
You are required to submit your updated insurance certificates naming the Cit~ of
Palm Bay as the other insured. These certificates are required to be returr 3d
with your acceptance of this notice.
The parties hereto execute this Amendment to become effective as of the d lte
and year first above written.
CITY OF PALM BAY
120 Malabar Road SE
COMPANY NAME
Aquifer Maintenance &
Performance Systems, II c.
Bobbye Marsala, C,P.M., CPPB
Purchasing Manager
BY:l11D~ , l\I.\CJ-
me/Title
_ 4\K\J\
Signature 1 Date
:Bobkl1r:if}~
Signatu 1 Date '1-" - 0.,
Post-It" Fax Note 7671 Oill1e
To c0;\ I=rom ~
Co.
Phone II Phone #
Fax # Fax II
Well rehabilitation Services
ITB # 23-0-2002/GG
WELL REHABITITATION SERVICES
BID SHEET NO.2 OF 3
ITB# 23-0-2002
"ILL
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TASK NO. UNIT DESCRIPTION OF TASK BID PRICE
18 Per hour Miscellaneous work as needed, non normal business $ 11OlQ..
19 Per well Chlorine Maintenance of Wells $ 2 2S l8--
20 Per hour Flow Meter Maintenance and Calibration $ qSl6).
21 Per hour Deep well Pump Maintenance $ ltpS~
22 Per hour Well/Pump /Motor maintenance $ 12.0~
23 Per Report Quarterly well monitoring reports $ , -a(JY::) qJ,
24 Per hour Raw water disposal $ ~I/Jl
25 Per hour Airlift well $ )2J)lJJ..
26 Per hour Pump test $ 125~
27 Per Video 360 Degree Video $ O}OO~
28 Per Foot Well Drill $ 3l~
29 Percent Percent of Mark up for parts supplied and installed I 5 ~12 Clio
TOTAL COST (LINE 1 THROUGH LINE 28) $ 6.~~
--
CONTRACTOR MUST BID ON ALL ITEMS
PERCENTAGE INCREASE: year 2~ year 3~ear 4 212. years 5 212.
LIST OF CHEMICALS TO BE USED DURING THE VARIOUS PROCESSES:
~\UM ~~ClL
(Atuu~ ~(l)ch\c{dt,
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8
Well rehabilitation Services
ITB # 23-0-2002/88
Submitted by:
"Authorized Signature
WELL REHABITITATION SERVICES
BID SHEET NO.3 OF 3
ITB# 23-0-2002
In submitting this Bid, Bidder represents as more fully set forth in the agreement, that Bidder has examined copies
of all the contract Documents and of the following Addenda:
Number
Date
Number
Date
Submitted by:
A,thorized Signature
~ filvr(~~
Printed Name & Tit~e :)
kM~j \V\L. {&..iJtr Ml\J.vrll~~4 .AJ11rA.A(lM,u. ~
Company ~
~\ LV\t.\ - z.~
Telephone
~l02
Date
9
Well rehabilitation Services
ITB # 23-0-2002/GG
IDENTICAL TIE BIDS
In accordance with Section 287.087, of the Florida State Statutes, preference shall be give 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 State or any political subdivision for the procurement of commodities or contractual services, a bid
received from a business that certifies that has completed a drug-free workplace program shall be given preference in
the award process. Established procedure 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 prohibitions.
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 employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement
4) In the statement specified in subsection (1), notify the employees 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, Florida Statutes or of any controlled substance law(s) of the United States or any state, 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.
AUTHORIZED SIGNATURE
~"' ~ft:(WllW- ~\ tIlL-.
C ANY
~l~D1.
DATE
10
CITY OF PALM BAY
AMENDMENT TO PURCHASE AGREEMENT
BID/CONTRACT # 23-2002
This amendment to the Purchase Agreement for Well Rehabilitation Services is
made and entered into as of March 18. 2003. by and between the City of Palm
Bayand Aquifer Maintenance & Performance Systems Inc..
The Agreement entered into on June 6. 2002 as to term, is hereby amended to
renew the term of the Agreement for twelve (12) additional months, at the rate of
2.5% on each item per the bid sheets, commencing June 6. 2003 and
terminating on June 5. 2004. (Second year of an optional 5-year agreement).
In the event this contract term is not the same as the fiscal year end (10/1/02 -
9/30/03), renewal of this agreement is subject to any required City Council
approval or ratification and appropriation of funds necessary to make payment to
successful bidder.
You are required to submit your updated insurance certificates naming the City of
Palm Bay as the other insured. These certificates are required to be returned
with your acceptance of this notice.
The parties hereto execute this Amendment to become effective as of the date
and year first above written.
CITY OF PALM BAY
120 Malabar Road, SE
Palm Bay, FL 32907
COMPANY NAME:
Aquifer Maintenance &
Performance Systems Inc.
Bobbye Marsala, C.P.M.
Purchasing Manager
'fubbf ~ 3-)~~<::)3
Signature Date
By:
Jl1W~ M~ Rt~J-
\ NamefTitle \
\. .~~ ~\20IU)
'" ',-,Date
"
"
CITY OF
:P~L..,~
13~ "Y
FLORIDA
120 MALABAR ROAD. Sf. . PALM BAY. FLORIDA 32907-3009 . (321) 952-3400
Visit our website at: http://www.palmbayflorida.org
June 25, 2002
Aquifer Maintenance & Performance Systems, Inc.
Mr. Jim Murray, President
7146 Haverhill Road
West Palm Beach, FL 33407
RE: City of Palm Bay Bid #23-0-2002
Well Rehabilitation Services
Dear Mr. Murray:
The City of Palm Bay City Council on June 6, 2002, awarded the above referenced bid to your
company in full accordance with the terms, conditions and specifications as stipulated in the
bid/proposal document.
Please sign below as acceptance of this Notice of Award and return it to the City of Palm Bay
Purchasing & Contracts Division, 120 Malabar Road, SE, Palm Bay, FL 32907. Two original copies
have been provided; please keep one copy for your file.
Deliveries or contractual performance shall not commence until authorization is given by issuance of
a Purchase Order either verbally and confirmed in writing or by receipt of a Purchase Order
document.
You are required to submit your updated insurance certificates naming the City of Palm Bay as the
other insured. These certificates are required to be returned with your acceptance of this notice.
We appreciate your interest in the City of Palm Bay and look forward to future contact with your
company.
Sincerely,
CITY OF PALM BAY
3(:) bb?- ~o.{h...
Bobbye Marsala, C.P.M.
Manager, Purchasing & Contracts Division
Aquifer Maintenance & Performance
Systems, Inc.
'PROGRESS THROUGH PARTNERSHIP'
Well rehabilitation Services
ITB # 23-0-2002/GG
STANDARD INSURANCE REQillREMENTS
The Certificate of insurance should be made to the City of Palm Bay, 120 Malabar Rd. SE, Palm Bay FL 32907 and should
reference the operation.
Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written
notice shall be given to the City of Palm Bay.
The Risk Manager prior to the commencement of any work shall approve all Certificates of insurance.
Minimum coverage with limits and provisions are as follows:
A. Commercial General Liability: The contractor shall provide minimum limits of $1,000,000.00 each occurrence,
$1,000,000.00 annual aggregate combined single limit for bodily injury and property damage liability. This shall include
premises/operations, independent contractors, products, completed operations, broad form property damage, personal and
advertising injury, and contractual liability, specifically confirming and insuring the indemnification and hold hannless
clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance
maintained by the City of Palm Bay and shall name the City of Palm Bay as an additional insured. The policy of insurance
shall be written on an "occurrence" form.
B. Automobile: Contractor shall provide minimum limits ofliability of$I,OOO,OOO.OO each accident, combined single limit
for bodily injury and property damage. This shall include coverage for:
· Owned Automobiles
· Hired Automobiles
· Non-Owned Automobiles
C. Umbrella/ Excess Liability: Contractor shall provide umbrella/excess coverage with limits of no less than $1,000,000.00
excess of Commercial General Liability, Automobile Liability, Employers Liability.
D. Workers' Compensation: The contractor shall provide and maintain workers' compensation insurance for all employees
in the full amount required by statute and full compliance with the applicable laws of the State of Florida. Said policy must
include Employers' Liability insurance with limits of no less than:
· Each Accident
· Disease - Policy Limit
· Disease - Each Employee
$ 100,000.00
$ 500,000.00
$ 100,000.00
Contractor shall fur..1er insure that all of its sub-contractors maintain appropriate levels of workers' compensation
msurance.
E. Other Insurance Provisions: The City of Palm Bay is to be specifically included on all certificates of insurance (with
exception to Workers Compensation) as additional insured. All certificates must be received prior to commencement of
service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate
shall be issued thirty (30) days prior 0 said expiration date. The certificate shall provide a thirty (30) day notification
clause in the event of cancellation or modification to the policy.
Deductible Clause - Contractor to declare self-insured retention or deductible amounts.
All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless
otherwise specified, it shall be the responsibility of the contractor to insure that all subcontractors comply with the same
insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature
of the project. City reserves the right to accept or reject the insurance carrier.
12
--~././
Well rehabilitation Services
ITB # 23-0-2002/GG
STANDARD TERMS AND CONDITIONS
QUALITY - Any manufacturer's name, trade name, brand name or catalog establishing general quality levels. Such references
are not intended to be restrictive. Bids will be considered for any brand, which meets or exceeds the quality of the specifications.
F.O.B. POINT - Products are to be shipped F.O.B. to the department and address as identified on Purchase Orders.
INVOICES - Invoices should be sent in duplicate to the City of Palm Bay, Accounts Payable, 120 Malabar Road SE, Florida,
32907-3009. It is understood and agreed that orders and services shall be shipped and performed at the established contract prices.
Invoicing in variance with this will subject the contract to cancellation.
INFORMATION AND LITERATURE - Bidders are to furnish all information and literature requested. Failure to do so may
be cause for rejection.
TIME FOR CONSIDERATIONS - Bids will be irrevocable after the time and date set for the opening of bids and for a period
of ninety (90) days thereafter.
ACCEPTANCE AND REJECTION - The City reserves the right to accept or reject any and all bids, and to accept the bid which
best serves the interest of the City of Palm Bay. The City may award sections individually or collectively whichever is in its best
interest, unless the bidder only intends to bid for the contract in its entirety.
NON-DISCRIMINATION - The successful bidder will comply with all federal and state requirements concerning fair
employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap.
DEVIATION FROM SPECIFICATION - Any deviation from specifications must be clearly stated and explained in detail.
Otherwise items offered are expected to be in strict compliance with specifications and the successful bidder shall be held
accordingly.
SAFETY STANDARDS - Items furnished shall meet all requirements for The Occupational Safety and Health Act (OSHA),
federal, state and local requirements of appropriate safety standard organizations.
SAMPLES - When requested, samples must be firrnished as called for, free of expense to the City. Bidder's request for return of
samples must be in writing with submission of their samples. Return shipping costs will be the responsibility of the bidder. Each
sample shall be labeled individually with the bidder's name and address.
CANCELLATIONS - This contract shall remain in effect at least ninety (90) days from effective date. After this period, this
contract may be canceled in whole or in part by either party upon thirty (30) days written notice to the other party.
AWARD - A ward shall be made to the responsive and responsible bidder whose bid is most economical according to the criteria
designated in the solicitation.
ASSIGNMENT - Neither the contract nor payment due may be assigned except with prior approval of the Purchasing Department
of the City of Palm Bay.
PATENTS AND COPYRIGHTS - The contractor agrees to hold harmless the City of Palm Bay, its officers, agents and
employees from liability of any kind, including cost and expenses, with respect to any claim, action, cost or judgement for patent
or copyright infringements.
CONFLICT OF INTEREST - The bidder certifies that this bid has not been arrived at collusively or otherwise in violation of
federal, state or local laws.
INFORMALITIES - The City of Palm Bay reserves the right to waive any informality in bids.
TAX EXEMPTIONS - The City of Palm Bay is tax exempt. Our tax-exempt number is 15-16-049825-54C.
13
Well rehabilitation Services
ITB # 23-0-2002/GG
PRICING - If a unit price, when extended, is obviously in error, the incorrect extended price will be disregarded.
TRAINING - Unless otherwise specified, supplier(s) may be required, at the convenience of and at no expense to the City, to
provide training to City employees in the operation and maintenance of any item( s) from the bid.
INTERPRETATIONS - Any questions concerning conditions and specifications shall be directed to the designated buyer. Those
interpretations, which may affect the eventual outcome of this bid, will be furnished in writing to all prospective bidders. No
interpretation shall be considered binding unless provided in writing by the City of Palm Bay.
WARRANTY - The bidder agrees that, unless otherwise specified, the supplies and/or services furnished under this bid/proposal
shall be covered by the most favorable commercial warranty the bidder gives to any customer for comparable quantities of such
supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to
the City of Palm Bay by any other provisions of this bid.
14
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VI-CONSENT AGENDA
ITEM B.9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19,2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: A motion to multi-award Bid# 029-1412-05/CJD"ANNUAL MISCELLANEOUS
UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING" on an overall basis to the lowest, most responsive,
responsible bidder who meets all specifications with an annual expenditure of $80,000.00.
CONTRACT PERIOD: JUNE 22, 2005 TO JUNE 21, 2006
EXPLANATION: On April 14, 2005, Procurement Services received and opened eight (8) proposals for the
referenced bid. It is recommended to award this bid to multi vendors as overall "Low Bidders". The evaluating
factors used in determining the award were based on: price, brand name and delivery time. Dominic De Mauro,
Warehouse Manager, concurs with this recommendation (per attached memo).
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.
PROGRAM IMP ACT: The purpose of this bid was to seek proposals for the purchase of apparel/embroidery/silk
screening from a source of supply that will give prompt and convenient shipping and service for the various
departments within the City.
,
~,
INVENTORY ACCOUNT:
502-000-141-000-00
r<..;lkJ
FISCAL IMPACT:
~~/1X~
Drrtment Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Dominic De Mauro - Warehouse Manager/Fixed Asset Manager
F~ .
UNIFORM EMBROIDERY COMPARISON SHEET
VENDORS
SECTION 1
ITEM # 1
POLICE TRANING UNIT GOLF SHIRT
REDIBLACK
ITEM # 2
POLICE CARDIGAN SWEATER
ITEM # 3
POLICE WHITE ADMINISTRATION
GOLF SHIRT
ITEM # 4
FIRE WORK SHIRT/FLEECE LIS NAVY
ITEM # 5
POLICE CRIME SCENE GOLF SHIRT/NAVY/GRAY
ITEM # 6
POLICE DIRECTED PATROL GOLF SHIRT
ITEM # 7
POLICE - CODE ENFORCEMENT
GOLF SHIRT
ITEM # 8
SUPERVISOR POLO SHIRTS
Men's white w/ pockets
ITEM # 8
SUPERVISOR POLO SHIRTS
MEN' NO POCKET BIMINI BLUE
ITEM # 8
SUPERVISOR POLO SHIRTS
Ladies' white - no pocket
ITEM # 8
SUPERVISOR POLO SHIRTS
Ladies' bimini blue - no pocket
ITEM # 9
POLICE TURLE NECK LIS
S/S
ITEM # 10
CITY JACKETS
crl WI
ITEM#11
FIRE DEPT. BALL CAP
ITEM # 12
POLICE BALL CAP
<.!) <(
z W
-J I -J $:
<( t- F- (/)
z 0 t-
~ W 0 -J ~ 0::
0:: > ~ u 0 0
<( ~ I W a.
::i; u u ~ w (/)
~ W ::l ::l 0 <.!)
0:: 0 -J 1i: (/)
u w ~ ::i; a.
$13.50
$14.45
$13.50
$13.60
$13.60
$8.90
$12.50
2x 13.50
$12.50
2x 13.50
$12.50
2x 13.50
$12.50
2x 13.50
$3.68
$3.68
UNIFORM EMBROIDERY COMPARISON SHEET
<.9 ~
z w
--' I --' ~
<( l- f-- en
z 0 I-
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0:: > 6 0 0 0
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ITEM # 13 $3.68
ALL CITY BALL CAPS
ITEM # 14 $3.68
POLICE: CSO CAP
ITEM # 15 $7.68
FULL BRIM HAT
ITEM # 16 $10.05
FULL BRIM AUSSIED HAT WfTlE
STRINGS, SNAPS
ITEM # 17 $4.95
CITY T-SHIRT US 2x 5.95
S/S
ITEM # 18 $4.95
POLICE T-SHIRT S/S
ITEM # 19 $5.29
POLICE T-SHIRT US
ITEM # 20 $5.29
SWAT T-SHIRT LIS
ITEM # 21 $5.23
POLICE SWAT T-SHIRT S/S
ITEM # 22 $5.59
FIRE DEPT. T-SHIRT W/POCKET S/S 2x 6.74
ITEM # 23 $5.64
CSO POLICE DEPT. T-SHIRT S/S 2x 6.84
ITEM # 24 $4.79
FIRE T-SHIRT W/O POCKET 2x 5.79
ASH LIS
ITEM # 25 $6.00
FIRE DEPT GYM SHORTS
ITEM #26 $16.25
FIRE DEPT POLO SHIRTS S/S
CALENDAR DAYS FOR DELIVERY 1014 10 21 30 15 - 30 21- 30 not sub-
mitted
COST PLUS % FOR ITEMS NOT LISTED 20% off 20% 40% 20% 30% N/A Not
list Submitted
~ti~
The City of
Boynton Beach
err
Finance Department
WAREHOUSE DIVISION
TO:
Mary Munro, Asst to The Finance Director
Dominic DeMauro, Warehouse Manager fJ r
May 2, 2005
FROM:
DATE:
SUBJECT: Embroidery Silk Screening
I received the tabul~tion sheet from your office. The evaluating factor used was A) price
B) Brand name. My recommendation is multi award to overall low venders.
The purpose of this bid is to purchase uniform golf and tee shirts for the police, fire dept
and general employees. In addition to uniform shirts we purchase tee shirts for all
recreation programs.
Section 1 Embroiderv
Vender Item
Aramark Uniform
TSG Sportswear
Educational Products
Item 4 and 9 No award
1,3
2,5,6,7,8
10
Section 2 Hats
Vender
Matteo
Item
11,12,13,14,15,16
Section 3 Silk Screeninl!
Vender Item
TSG
Educational Products
Kluch
Creative Marketing
17,18
19,20,21
22,23,24
25
Pae:e 2
Section 3 Embroidery & Silk-Screenine:
Vender Item
TSG 26
No consideration was given to Custom Tee Shirt. Their bid package was incomplete.
In addition to the overall low prices, the following venders are offering the following
discounts.
Creative Marketing Cost + 20%
Educational Products Cost +40%
Kluch Clothing Cost +20%
Matteo Cost + 30%
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VI.-CONSENT AGENDA
ITEM C.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) r2J June 7, 2005 May 16, 2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
.:..-)
-:-)-!
.=..~-<
D Administrative D Development Plans ...< (,~.':)
--< "j-l
r2J Consent Agenda D New Business GJ
'0
D Public Hearing D Legal : -"...
-~ :1:
D D " " "~-l
Bids Unfinished Business 0
--"-
D Announcement D Presentation N q
'~lCD
D ..r::- -rTl
City Manager's Report 0;1>
co 111 ()
::r:
RECOMMENDATION: Approve the agreement between the City and Boynton Beach Little League, Inc. (Little
League) for the use of Little League Park.
EXPLANATION: The current agreement between the City and Little League was ratified in 1992. The proposed
new agreement provides greater administrative clarity and direction as it relates to the use of Little League Park.
PROGRAM IMP ACT: The agreement stipulates that Little League shall have first option as to the use of the
fields at Little League Park each year from January 15 through August I and from September 15 through the
Sunday of the weekend before Thanksgiving. It also clarifies maintenance activities and use of the park outside
the stipulated Agreement time period.
FISCAL IMP ACT: The City pays for annual maintenance. Maintenance of Little League Park is at a level that
the City deems appropriate based on funding allocated for this purpose. The City also pays utility costs for the
concession and storage building, restrooms, and ball field lighting systems. A summary of costs is included in
exhibit "A".
AL TERNA TIVES: Do not renew the agreement
~rtment Head's Signature
~
City Manager's Signature
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIMFORMS\AGENDA ITEM REQUEST FORM. DOC
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RESOLUTION NO. R 05-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND BOYNTON BEACH LITTLE LEAGUE,
INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been deemed by the City Commission of the City of Boynton
Beach to be in the best interest of the citizens and residents of said City to enter into an
Agreement with the Boynton Beach Little League, Inc., for the utilization of the Little League
Park; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize the Mayor and City Manager to execute an Agreement between the City of
Boynton Beach, Florida and the Boynton Beach Little League, Inc., said Agreement being
attached hereto as Exhibit "A".
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
S:\CA\RESO\Agreements\Little League Park.doc
Exhibit "A"
Little League Park
Annual Maintenance Costs
2004 2005
Materials & Supplies 17,454 $19,804
Capital Improvements 0 6,760
Water 2,726 2,856
Electricity $20,025 20,000
Personnel $31,590 $28,431
Public Works $11,428 $10,503
TOTAL $83,223 $88,354
AGREEMENT
THIS AGREEMENT, made and entered into this
, 2005, by and between the:
day
of
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, organized and existing under the laws of the
State of Florida, hereinafter referred to as "CITY,"
and
BOYNTON BEACH LITTLE LEAGUE, INe., a Florida
not-for-profit corporation, hereinafter referred to as
"LEAGUE."
WITNESSETH:
WHEREAS, CITY is the owner of the real property known as Little League
Park, hereinafter referred to as "PARK", situated in Palm Beach County in the City of
Boynton Beach, and bounded on two sides by S.W. 3rd Street and S.W. 15th Avenue,
respectively; and
WHEREAS, Little League Park includes four lighted ballfields, pitching wall,
batting cage, picnic pavilion, clay and sand storage bins, concession stand, storage
building, restrooms, and a parking area; and
\VHEREAS, both parties desire that said PARK be utilized to the greatest
capacity for community use.
NOW, THEREFORE, in consideration of the covenants herein contained and
other good and valuable considerations, the parties agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
2.0 Use of Little League Field.
2.1 League shall have first option as to the use of the fields at PARK each
year from January 15 through August I and from September 15 through the Sunday of
the weekend before Thanksgiving.
2.2 LEAGUE and CITY shall make every effort to accommodate other events
at said PARK during said period. The CITY shall schedule use of PARK for other
groups during the Agreement time period when determined possible and appropriate and
not in conflict with the terms hereof.
Little League 2005
Rev. 03-28-05
2.3 The CITY shall have sole authority to approve and schedule use of the
PARK by other groups outside the stipulated Agreement time period, including sporting
and recreational activities not related to Little League.
3.0 Concession Stand and Storage Building.
3.1 LEAGUE shall have first option to operate concession stand at all events
sponsored by the LEAGUE during the Agreement time period. LEAGUE shaU pay the
costs for aU products sold at said concession stand and retain said profits therefrom.
3.2 In event LEAGUE DOES NOT EXERCISE THEIR OPTION TO
OPERATE SAID STAND, CITY may operate said stand utilizing LEAGUE'S stock
present at stand and both parties shall equally divide the gross income from sales; or the
CITY may provide its own stock and keep all gross income from sales. Each party shaU
be responsible for repair or replacement of equipment damaged by said party.
3.3 The CITY shall pay utility costs for the concession and storage building,
restrooms, and ballfield lighting systems.
4.0 Maintenance. The CITY shall maintain the ball fields and other
turf and landscape areas of the PARK. The LEAGUE shaH assist the CITY in pick up of
litter generated from the concession operation, as well as ballfield diamond maintenance
during evenings and weekends during the Agreement period. Maintenance activities
include dragging baUfields between games, watering ballfields and maintaining the
batting cages.
5.0 Insurance.
5.1 The LEAGUE shall maintain a comprehensive general liability insurance
policy with minimum limits of $ 1 ,000.000 per occurrence, combined single limit for
bodily injury liability and property damage liability, including premises and operations.
5.2 The policy shaU be endorsed to contain the following provisions:
5.2.1 The City of Boynton Beach shall be named as an additional insured. The
coverage shall contain no limitations on the scope of protection afforded to the CITY, its
officers, officials, employees or volunteers.
5.2.2 A current valid insurance policy meeting the requirements herein
identified shall be maintained during the duration of this Agreement, and shall be
endorsed to state that coverage shall not be suspended, voided or cancelled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the CITY.
5.2.3 The LEAGUE shall inform its insurer to furnish directly to the CITY of
Boynton Beach certificates of insurance with original endorsements affecting coverage
Little League 2005
Rev. 03-28-05
2
required within. The LEAGUE shall provide binders indicating placement of coverage to
CITY prior to January 15th of each year.
6.0 Term. The initial term of this Agreement shall be for five (5) years, and
the Agreement may be renewed for successive renewal terms of five (5) years each. All
renewal terms shall be subject to the mutual consent of the CITY and LEAGUE, as
evidenced by a written amendment to this Agreement.
7.0 Termination. Each party may cancel this Agreement by providing
written notice of at least one hundred twenty (120) days to the other party. If said
termination date shall fall during the period of January 15 to August J, the termination
date shall be extended to August 20 unless waived by both parties.
8.0 LEAGUE Conduct. LEAGUE agrees to conduct its activities upon the
premises so as not to endanger any person lawfully thereon and to the extent provided by
law, to indemnify and hold harmless the CITY, its officers, agents, and employees from
and against any and all claims, suits, actions, damages, liabilities, expenditures or causes
of action of any kind arising out of or occurring during the activity of LEAGUE and
those resulting or occurring from ant negligent act, omission or error of LEAGUE, its
agents, employees, members or guests, resulting in or relating to injuries to body, life,
limb or property sustained in, about, or upon the permitted premises or improvements
thereto, or arising from the use of said premises.
9.0 Compliance with laws. LEAGUE agrees to comply with all laws of the
United States, the State of Florida, and all local laws, including but not limited to the
ordinances and regulations of the City of Boynton Beach, and all rules and requirements
of the City Police and Fire Departments, and will obtain and pay for all necessary permits
and licenses, and will not do, nor suffer to be done, anything on said premises during the
term of this Agreement in violation of any such laws, ordinances, rules or requirements,
and if the attention of the Licensee is called to any such violation on the part of
LEAGUE, or any person employed by or admitted to the said premises by Licensee, such
LEAGUE will immediately desist from and correct the violation.
10.0 Removalof Persons. CITY reserves the right, through its representatives,
agents and police to eject any objectionable person or persons from said facility, and
upon the exercise of this authority, the LEAGUE hereby waives any right and all claims
for damages against the City.
11.0 Evacuation of Premises. CITY reserves the right to evacuate the
premises or facilities during any activity in progress where it is deemed necessary for the
safety of the general public, patrons, or guests.
12.0 Inspection of Premises. LEAGUE further represents that it has inspected
the premises, the facilities and its equipment, and is satisfied that the same are in proper
condition for the uses contemplated.
Little League 2005
Rev. 03-28-05
"
J
13.0 Damage to Premises. LEAGUE shall not injure, nor mar, nor in any
manner deface said premises or facilities, and shall not cause or permit to be driven nails,
hooks, tacks or screws into any part of said premises or facilities, and will not make, nor
allow to be made any alterations of any kind therein without the CITY's written
permIsSIOn.
14.0 Assignment Prohibited. LEAGUE shall not assign this Agreement, or
sublet the demised premises or any part thereof without the prior written consent of CITY
endorsed hereon.
15.0 Notice. Any notice or demand, which under the terms of this Agreement,
or by any statute or ordinance given or made by a party hereto shall be in writing and
shall be given by certified or registered mail, return receipt requested, sent to the other at
the address set forth below, or to such other address as such party may, from time to time,
designate by notice:
Notice to the CITY shall be addressed to:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Notice to the LEAGUE shall be addressed to:
Boynton Beach Little League, Inc.
Boynton Beach, Florida
16.0 Agreement Binding; Amendment. All terms and conditions of this
written Agreement shall be binding upon the parties, their heirs or representatives, and
assigns, and cannot be varied or waived by any oral representations or promise of any
agent or other person of the parties hereto, unless the same be in writing and mutually
signed by the duly authorized agent or agents executing this Agreement.
17.0 Severability. If any provision of this Agreement or the application
thereof to any person or situation shall to any extent, be held invalid or unenforceable, the
remainder of this Agreement, and the application of such provisions to persons or
situations other than those as to which it shall have been held invalid or unenforceable
shall not be affected, and be enforced to the furthest extent permitted by law.
18.0 Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or -she is signing, and to bind and obligate such party
with respect to all provisions contained in this Agreement.
Linle League 2005
Rev. 03-28-05
4
19.0 Termination of Prior Agreement. This Agreement has the immediate
effect of terminating any existing agreements between the CITY and LEAGUE
pertaining to the use of PARK, including that agreement between the parties dated
February 5, 1991. Any indemnification obligations in any previous agreements between
the parties shall survive this termination.
IN WITNESS OF THE FOREGOING, the parties have set their hands and
seals the day and year first written above.
WITNESSES:
CITY OF BOYNTON BEACH
By
Mayor
By
City Manager
(CORPORATE SEAL)
ATTEST:
City Clerk
Approved as to form:
City Attorney
Little League 2005
Rev. 03-28-05
5
WITNESSES:
BOYNTON BEACH LITTLE LEAGUE, INe.
" ;
'---/D'C:'vt"'J?'-J.I 7 ( ( /2~-/
. President 0{
[Print/type Name]
Attest:
1
/..,-;;. "j",(l{ ~~; _ I)
,:v i'--~{ " I ~ '_.0 f "'.
Secretary ()
[Print/type Name]
STATE OF FLORlDA )
)ss:
COUNTY OF PALM BEACH: )
The jQ.regoing instrument was acknowledged before me this /fP1<.-1 ^- ),3 , 2005
by ""' ItcKJflC- VC'"j and [o1Z.1 0 U R.COlttJ , as President and
Secretary, respectively, of BOYNTON BEACH LITTLE LEAGUE,~Florida
corporation, on behalf of the corporation. They are ~ally mown to Irut"or have
produced as identification and did not (did) take an oath,
Name
Printe
(/~. /JIL
Notary Public, State ~rida Signature of
Notary taking Acknowledgment
(SEAL)
:: TV!mld'sa'on . D01"D81
~ ~ed BY NatltlnaI Notary Assn.
eu
My Commission Expires:
Commission Number
H:I] 990/900 I 82.bb/agmtsILinle League Agml 200S.doc
Linle League 2005
Rev. 03-28-05
6
err
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM C.2.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission
Meetinll Dates in to City Clerk's Office Meetinll Dates
0 April 5,2005 March 14,2005 (Noon.) IXI June 7, 2005
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005
Date Final Fonn Must be Turned i!!
to City Clerk's Office
May 16,2005 (Noon)
'j
June 6, 2005 (Noon)
,
1
June 20, 2005 (Noon)
\...;:,-'
<
~~':~
'::...~~
July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF IXI Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
( n
('T'
r::;.
~cn
-Pl
oJ>
i'10
::r.:
RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Modesto and
Rachel Maldonado for the property at 1036 Florence Rd, Lake Worth, FL (Hypoluxo Ridge LT 62).
EXPLANATION:
The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project
area. Only potable water is available for connection to the property at this time due to recent water main improve-
ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map)
PROGRAM IMPACT:
A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No
additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
ALTERNATIVES: None.
/~ ~~
~ignature
v1\ l--\ 7t.f:" S
Department Name
City Attorney I Finance I Human Resources
XC: Peter Mazzella (wi copy of attachments)
Michael Rumpf, Planning & Zoning
Anthony Penn
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. ROS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND MODESTO AND RACHEL
9 MALDONADO; PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1036 Florence Road, Lake Worth, Florida (Hypoluxo
14 Ridge Lot 62); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in the Sand Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street
18 allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Modesto and Rachel Maldonado, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Water Service\.l\1aldonado Water Service Agreement.doc
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Attest:
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
S:\CA\RESO\Agreements\Water Service\Maldonado Water Service Agreement.doc
TillS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE OTY UMITS AND COVENANT FOR ANNEXA nON
J:d.. AGFEE~ day of ,200_, by and between
W\ (J () ~ R. . ~ hereinafter called the "Customer", and the OTY
~
OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the
"City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City at
the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exlubit A)
2. The Customer and the City hereby agree that there are LJt Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
1
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5, Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to acconnnodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable
Special Power of Attorney granting to the City the power and authority to execute and advance on
behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall
cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant ofPthe power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. TIris Agreement and the power of attorney referenced herein is to be
recorded in the Public Records ofPahn Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impainnent or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event
there is a reduction, impainnent or termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fIre, earthquakes, other casualties or other circumstances beyond the City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents
(Both in their individual and official capacities) from and against all claims, damages, law suits and
expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with
post judgment collection) and costs rising out of or resulting from the Customer's obligation under or
performance pursuant to this Agreement including disputes for breach of warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
lJt WITNESS WHEREOF, the parties hereto have set their hands and seals this ..s:- day of
I ,2~
WITNESS:
.~Wt1~
INDIVIDUAL(S) AS OWNER(S):
fl/bJe;;iJ, Jrf,CI~~AA~
Owner Signature
::::JU () 17 /j h. j/ '7 L E-
Printed Witness Name
~~~~
o
Printed Owner Name
Witness Signature
,
J-VJIfAJ C 0 L~( NJ
Printed Witness Name
3
I2cu~ a.l~da
Owner Signature
giiikl4UaldtKw?l,
Print dOwner Name
.::;U f) I T H A. ptj ~ E-
Printed Witness Name
~~C~f
Witness Signature
J" vf ITIV Co L L ( ftr..s
Printed Witness Name
FOR INDIVIDUAL (S) NOT ARIZA TION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in theState
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
]h(?J -fS-tO i- (2c..c hel rh ~ ( d a n~d() to me known to be the
person{s) described in and who executed the foregoing instrument that he/she acknowledged before
me that he/she executed the same; that the individual was personally known to me or provided the
following proof of identification: r / CJ IC I 'd C<. cI /l ,'(/ t' 12 S LJ (' r' /1 'S f'S .
,
~.~
hWIlNESS my hand and off.!kial seal in the County and State last aforesaid this 6 day of
l~ ,200~
....~~\;;FWp" arb~~ M. Madden
(Not . COIDlIllSSlon 1/ DD125274 ,^ /f L
=0.'. j~: Expires July 19. 2006 ~ Fit . /h ~
~~;., r::;~~ Bonded Thru
""?'~,~~\\\' Atlantic Bonding Co., Inc. Notary Public
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
STATE OF FLORIDA )
4
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, City Manager and , City Oerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed
thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_>
day of
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
5
THIS INSTRUMENT PREPARED BY:
James A. Cherol, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF fa,ftu 15.ed?A
af7d i2uchel
I/We, }J odes~AaJd{)rod{)
, hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
o 0 - l/ 3 -If ~-. 09 - L?'::3 -600 - 0 G. J 0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~ day of
~ . 20~ and the powers and authority shall be irrevocable by
Grantee.
--t..A
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~
day of rh t< r ' in the year two thousand and f,'v-e...
Sealed and delivered in the presence of
~ j/~J~
Owner Signature
~1U. /Ji r fI f+, Pit 1.- C
Printed Witness Name
~~~~/
JV( & j t? flo JAA rJJo 1/1/'><-010
Printed Owner Name
Witness Signature
S f/Slfll! Co L (. INJ
Printed Witness Name
'~&aht~
Owner Signature
~dhr/ A PIlItioTJkd>
Pnnte Owner Name
;::JU/J/T1i A pyt.. c_
Printed Witness Name
~~ ~~/
Witness Signature
-
S vJ4-AI COLl-fllJ'
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
~
THE FOREGOING INSTRUMENT was acknowledged before me this.5"' day
of Inti I . 20tl~ by MbJ-f'sf-o ~ ~Qch-e J tl1aldCM,(tdoand
. who are known to me or who have produced
r:=; pLi dA. df2;VN2 5,' L/Cf/l~ as identification and who did/did not take an oath.
~A-.Ik~
NOTARY PUBLIC
",""" B b
",':.~~y Pf/,t,- ar ara M. Madden
{if~~~Co~on # DD125274
~~~~~ ExpU'eS July 19, 2006
"'/OFf\r;:,~,~ Bonded 1bru
""" ",., Atlantic Bonding CO.,Inc,
Type or Print Name
Commission No.
My Commission Expires:
Palm Beach County Property AppraIser Property :Search :System
Yage J 01 L
~~~~~_~7\~-::.-~roper1Y- ~PfHaiser's Public Access S~sten
r~$6j%1~A~:~;i'tii1'~U~['::~~~ ~1~~~ ~' ',~;~~.~-:'~ S ~ :~ ~~ z a: ~ < ~ -= r ~" .~" ;
!}"'~ 4l,,"~4j.:~"""'?""~\ ~"'-~ ':l ,~~ ~. -" _ ;f, ' ,
~;J~1;_L~"_~~_~ ~_~ ~:~_ ~ .
Property Information
Location Address: 1036 FLORENCE RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-03-000-0620
Subdivision: HYPOLUXO RIDGE IN
Official Records Book: 11710 Page: 1875 Sale Date: Mar-2000
LeQal Description: HYPOLUXO RIDGE LT 62
Owner Information
Name: MALDONADO MODESTO
~"""""'""':$'t'1
Mailing Address: 1036 FLORENCE RD
LAKE WORTH FL 33462 5339
Sales Information
Sales Date Book/ Page
Mar-2000 11710/1875
Sep-1987 05431/0682
Jul-1982 03760/1057
Price Sale T~ Owner
$71,000 WARRANTY DEED MALDONADO MODESTO
$1,000 CERT OF TITLE
$26,000 WARRANTY DEED
Exemptions
Regular Homestead $25,000
Total: $25,000
Year of Exemption: 2005
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
2004 2003 2002
$70,091 $63,751 $57,645
$17,OSE $ 15,36Cl $ 12,oOii
$87,177 $79,111 $69.645
Tax Year 2004
Number of Units: 1
*Total Square Feet: 1228
Descriptio n: RESIDENTIAL
Assessed and Taxable Values
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2004
$59.83
$25,00
$34,83
2003
$58,71"i
$25,ooCl
$33,71"i
2002
$57,341
$25,000
$32,341
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NOTE: lower the top and bottom margins to 0.25 on FiIe->Page Setup menu option in the browser to print the
detail on one page.
Record Search I Information J Exemptions I Community I Employment I New Home Buver I Office Locations
Value Adiusbnent Board I Save Our Homes I Senior Comer I Disclaimer
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=00434509030000... 5/5/2005
~-J0~+ It
All Owner
Page 1 of 1
All Owner(s)
peN Number:
00-43-45-09-03-000-0620
Owner Names
MALDONADO MODESTO
MALDONADO RACHEL
L"'''''''''''>'i'"'~'''''''_'i'''''''' I
'"",,".<Ok"-"'~"""h"O'''1
http://www.co.palm-beach.fl.us/papa/aspxlweb/all Owner.aspx?entity _i d=0043450903 00006. .. 5/5/2005
u"tUf uu;,u UUfU umsu 0100
.
1 in. = 134.1 feet
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Location Map - 1 036 Florence Rd
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOlU
VI.-CONSENT AGENDA
ITEM C.3.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) r8J June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrati ve D Development Plans
NATURE OF r8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Approve additional language to Rule #24 of the Cemetery Rules & Regulations to require
that, "Human remains being placed for entombment shall be in a gasketed metal casket for Mausoleum usage."
Also, approve the addition of a new rule that would read as follows: "Human remains onlv shall be buried in any
municiDal cemetery."
EXPLANATION: Beginning in August of 2004, the Cemetery Board began consideration of the need for gasketed metal
caskets in the Mausoleum. This discussion arose following an incident of leakage that occurred during a disinterment from the
Mausoleum. Research of the records indicated that prior to 1996, a rule existed that required the use of sealed metal caskets.
However, in 1996, during extensive revisions to the Cemetery Rules & Regulations, that rule was omitted.
In December 2004, Mr. Brady Osborne was invited to attend the Cemetery Board meeting to express his opinion and concerns
on this issue. (Minutes attached) In summary, Mr. Osborne was not in favor of any rule that would govern the type of casket
used in the Mausoleum. As required in Rule #23 of the Cemetery Rules & Regulations, Mr. Osborne was notified by certified
mail that the Cemetery Board's recommendation regarding implementing this new language would go to the City Commission
for consideration on June 7, 2005. No objections have been received to date.
At the March 24, 2005 meeting of the Cemetery Board, the members discussed the issue of whether or not to allow non-
human remains to be buried at Boynton Beach Memorial Park. This is an issue that arose, and the Cemetery Rules &
Regulations are silent in this regard. Staff as well as board members felt it was necessary to clearly state in the Cemetery
Rules & Regulations that this type of burial is prohibited.
PROGRAM IMPACT:
None
FISCAL IMPACT:
None
ALTERNATIVES:
Do not ~ppro~e and continue witil the Cemetery o~urrentlY exists.
4~
lty Manager's Signature
Department Name
City Attorney / Finance / Human Resources
II
1
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3
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7
8
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RESOLUTION NO. 05-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING RULE #24 OF
THE CEMETERY RULES & REGULATIONS;
ADDING A NEW RULE #27; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and
15
Regulations and does hereby recommend an amendment to the Rules and Regulations
16
Amended April 26, 2005; and
17
WHEREAS, upon recommendation from the Cemetery Board, the City
18
Commission has determined that it shall revise Rule #24; and
19
WHEREAS, upon recommendation from the Cemetery Board, the City
20
Commission has determined that it shall add a new Rule #27.
21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
22
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
23
Section 1.
Each Whereas clause set forth above is hereby ratified as being true
24
and correct and incorporated herein by this reference;
25
Section 2.
The City Commission of the City of Boynton Beach, Florida,
26
amends the Rules and Regulations of the Cemetery Board by amending Rule #24 to add
27
the following:
28
29
30
31
32
33
24.
As of the date of adoption of Resolution No. 04-065, on all new sales, the
bodies placed in the Mausoleum must be embalmed. On previously
purchased crypts, if a person does not wish to be embalmed, the body must
be placed in a Ziegler style case. Plastic trays must be placed under the
casket on all entombments in the Mausoleum, whether the bodies are
embalmed or not. The funeral home will bear the cost of the Ziegler style
C:\Documents and Settings\prainitoj\Local Settings\Temporary Internet Files\OLKD\Cemetery RR - Create Rule 27 Amend
24.doc
II
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case and plastic trays, but will pass that cost on to the purchaser. Human
remains beine: placed for entombment shall be in a e:asketed metal
casket for Mausoleum usae:e.
Section 3.
The City Commission of the City of Boynton Beach, Florida,
6
amends the Rules and Regulations of the Cemetery Board by creating a new Rule #27, to
7
read as follows:
8
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27. Human remains only shall be buried in any municipal cemetery.
Section 4.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
C:\Documents and Settings\prainitoj\Local Settings\Temporary Internet Files\OLKD\Cemetery RR - Create Rule 27 Amend
24.doc
The City of Boynton Beach
RISK MANAGEMENT DEPARTMENT
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6040
FAX: (561) 742-6041
e-mail: magazinec@cLboynton-beach.f1.us
www.boynton-beach.org
June 9, 2005
Richard A. Murdoch, Esq.
Adorno & Yoss
700 S. Federal Highway, #200
Boca Raton, FL 33432
RE: Boynton Beach Mausoleum, Inc.
Dear Mr. Murdoch:
I have reviewed your letter dated June 6, 2005, at the request of the City Manager. I will not
address the specific issue of which casket is more appropriate in the Mausoleum, as this is best
left to the Cemetery Board to advise the City Commission. I will, however, address the issue you
raised regarding the authority and appropriateness of the City to establish guidelines or
standards for the Mausoleum.
You advised that the proposed revisions are a breach of the City's agreement with your client,
and a direct violation of his contract with the City. I have reviewed the 1978 Agreement and find
no mention of limiting the City's rights and responsibilities in setting guidelines or standards.
I have further reviewed the Rules and Regulations Amended September 3, 1998. Under
General, number 11, it states:
The Board of Governors from time to time may initiate and recommend the laying out,
altering, or closing of such avenues or walks and make such rules and regulations for the
government and improvement of the cemetery as it may deem requisite and proper,
subject to City Commission approval.
Furthermore, under Mausoleum, number 23, it states:
The Board of Governors from time to time may recommend the altering of the Rules and
Regulations for the government and improvement of the mausoleum as it may deem
requisite and proper, subject to City Commission approval...
Therefore, it would appear that the City is well within its rights to make the changes discussed in
your letter. Any claim to violating any agreement between the City and your client would appear
to be nothing more than a smoke screen set up to misdirect the attention of the City. Thank you
for your comments.
S/m
C~gaZine
Risk Manager
RM/Mausoleum 2005 06.doc
ADORNO & Yoss
A PROFESSIONAL ASSOCIATION
700 SOUTH FEDERAL HIGHWAY. SUITE 200
BOCA RATON, FLORIDA 33432
PHONE: (56 I ) 393-5660. FAX: (56 I ) 338-8698
WWW.ADORNO.COM
RICHARD A. MURDOCH
DIRECT LINE: (56 I ) - 620 - 5880
DIRECT FAX: [56 I J - 338 - 8698
EMAIL: RAM(c.VADORNO.COM
June 6, 2005
RECEIVED
JUN 6 2005
-
CITY MANAGER'S OFFICE
Mr. Kurt Bressner
City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
RE: BOYNTON BEACH MAUSOLEUM, INC.
Dear Mr. Bressner:
I have been retained by Boynton Beach Mausoleum, mc. to respond to the proposed revision to Rule
No. 24 of the Cemetery Rules and Regulations of the City of Boynton Beach, Florida. Please be
advised that the Boynton Beach Mausoleum, mc. strenuously objects to the proposed revisions and
considers same a breach of the City's agreement with our client.
The proposed revisions would mandate the use of only gasketed metal caskets for remains being
entombed in the Mausoleum. This amendment serves no useful purpose other than to increase the
cost to those persons selecting above ground interment.
If reasoning behind the proposed rule change is an attempt to address the casket explosion which
occurred last year, then the rule change is totally unnecessary because in that incident, the body was
entombed in a gasketed metal casket. In the history of the Boynton Beach mausoleum there have
been three(3) similar incidents and all three(3) involved gasketed metal caskets.
There is absolutely no empirical data whatsoever to support any claim that gasketed metal caskets
are better suited or safer for a mausoleum than non-gasketed metal caskets. Ifthe valve on a gasketed
metal casket malfunctions or is clogged, the body gases cannot escape the sealed container, and the
pressure within the casket increases to the point of bursting at its weakest point. In contrast, non-
gasketed caskets do not seal in the body gases, but permits the gases to escape naturally over time.
The Mausoleum is designed and constructed to permit escape of these gases in a non-hazardous
manner. The Mausoleum has never had an incident with a non-gasketed casket.
This proposed rule amendment guarantees that the citizens of Boynton Beach, who choose above
ground interment, will have to spend hundreds of dollars more on their interment. A gasketed casket
is identical to a non-gasketed casked in absolutely every respect except for the rubber-like gasket and
CALIFORNIA
FLORIDA
GEORGIA
NEW..JERSEY
NEW YORK
WASHINGTON, D.C.
RAM/200258.00021R6050403_3/5/25/2005 10:19 AM
April 26, 2005
Mr. James Ferraro
Page 2
valve. There is no benefit to the citizens of Boynton Beach to promote and promulgate this rule change.
It is clear that to arbitrarily adopt revisions to the rules and regulations, which revisions have no
scientific or other meritorious foundation is unwise and imprudent. The adoption of such a rule
amendment, which substantially increases the cost of above ground interment without scientific or
legal basis, constitutes a direct violation of the contract between the City and Boynton Beach
Mausoleum.
For your information, there is currently pending litigation against the three (3) ofthe largest funeral
home chains in the United States, the leading U.S. casket maker, and the National Funeral Directors
Association impacting on this issue. This lawsuit, which has been brought by a consumer's group,
alleges that the casket manufacturers and funeral industries have conspired to prevent less expensive
casket options from reaching the market place. A copy from a recent Wall Street Journal article
discussing this litigation is attached.
In closing, my client respectfully requests your support in defeating the proposed amendment as it
is contrary to the best interests ofthe citizens of Boynton Beach and the Boynton Beach Mausoleum,
and has no legal or scientific foundation whatsoever.
Please do not hesitate to contact me should you have any questions or wish to discuss this matter
further.
Very truly yours,
~
,
Richard A. Murdoch, Esq.
~
RAM/mjl
cc: Boynton Beach Mausoleum, Inc.
Mr. R. Brady Osborne, President
City Council Members
CALIFORNIA
FLORIDA
GEORGIA
NEW ..JERSEY
NEW YORK
WASHINGTON. D.C.
RAM/200258.00021R6050403_3/5/25/2005 10:19 AM
Funeral Indifltl';:'Hs
,,'11'j! ....,.Y
With Casket'~i~ig~ng Suit
Consumers Claim Chains ~~\fh6~s~tO:,dO:s6~~But 'the, suit alleges that fl
. neralhomes discourage such _ purchases b.
. Thwart Use o"'Cheaper Comns ' ,bOOs~ing:pricesof other services, ~esplte feG
. :J . 'JJ c" ' . eral.rules to prevent homes from tYlOg the sal
L1.. 0 st 0 Ii t met Ret ilersofcaskets to other semces;., ,,'
.L'10m . 0 c, n e a , .' "':':,ne s,uit:was filed by a law firm;:ieonstantin
. 'Cannon,\.that has taken :~m big.. industries before
/Last,year u:won settlements valued at mon
, thanr$4 bUliontromYisaIntemational Inc. an
CONSUMER ADVOCATES filed suit against : MasterCard Inc. for rules th'at.forced the na
three of the biggest funeral-home chains tlon'~,retaUer(to!pay"stiff fees for .handlilll
and the leading U.S. casket maker, a~eg- branded-debitCards;":' . .
ing they conspired to keep price high and shut out ,.Bob"BiggiIls"president-elect of thl;! Nationa
casket discounters such as Costco and the online Fun~ra(Directors.Association,. rejects the law
retailers that have sprung up in recent years. co' 'suit'scIainlS(lfeonspiracy and says casket pdc
The lawsuit, flIed Monday in federal court ~",~,' . .', . ,~~!.:ri:trn.to,page D4, Column 1
San Francisco, charges that the companies .en; }q;..,,<L,[.;:, '.' ,
;,gage .in pJ;ice-fixing and sell caskets for asmu~;~ '.
~",as $~ltlm~.~~.~holesal~ ~~st. . , ".'
. "been',:
,",.:.b v.;:...,.."'l\:"','lll-"
Hit
, By. JOHN R. WILKE
try. The suit, Ie' on behalf of a' consUmer ..
group and six families who say they were over- '
charged for caskets, seeks to be certified as, a :i
class-action, representing milllons of casket "
ers. If the, court grant~class-actioni'$tattiS
companies' could.faceihUge"'potentiiu'; ".
for overcharges;'~ing~bac1t'.to 2Q01~
~'.'rentantiti'ust laW:'~Casket;,:sales-}inth .... .
":'taled ~b!>ut '$3 billloIi1iastye.ar.; h, "d; ';1
.', . .Adult . funerals in .the' U;~. average'.be . een.,:.i
$5,500 and $6;000;' a cost that is rising despite:~ 'l,
pressure from the growing popularity of less;.e:x~},! (
pensive cremation, industry analysts say. Caskets,~.;t
are typically' the largest component . of . fuiier8:I~M
costs. In response to rising prices :-.andctofeae'f81:;~ 1
rules meant. to encourage competitIon-there:iare;( "
a growing number of discounters such asInteii1~~ii;:: ':1
based funeraldepot.com, as well as Costco'Ware;..c'Ij
house Corp., which sells caskets for as little'iast.,;
$950. At funeral homes, coffins typicallycost;,at;.,: I
least twice that.;'.,:>.#;:~::
Named in the suit are the top three chaiD~;(~!
controlling more than 2,100 funeral- homes.iri~\;
eluding industry leader Service Corporation In- '1
ternational; Alderwoods Group Inc., and' stew..;;! '
art Enterprises Inc. The suit afso names as'a:' :
co-conspirator Hillenbrand Industries. Inc:'S:; i
Bat.esv,tlle Casket Co. unit, which is by far~e~t :
natIOn s largest casket maker with nearly~half~:,
the U.S. market. .";;. ~:;,:-d '
~he suit also charges that the funeral:norn.ei j
chams flout federal rules intended to 'proteCt~;, '
consumers. The rules permit people to buy'casl:i)'
kets from anyone (or even build their own: cas~%
ket if they wish) while prohibiting funeral diTeci~'
tors from charging extra to customers',who';"
.~'~~"""'''."~''"'~'''H;...
Casket- Pricing Lawsuit Hits Funeral Industry
Continued From Page D1
ing is a minor issue in funeral
serviceS. "Whether you are a
family-owned firm or a publicly
traded corporation, the funeral
is not about the casket, " he
said. "It's about the services
. and care provided to families in
their hour of greatest need."
The association, which repre-
sents 22,000 fuheral directors
across the country, is also
named as a co-conspirator in the
suit, a claim Mr. Biggins rejects.
"The NFDA never gets involved
in pricing; it's completely con-
trary to our mission'," he said in
an interview yesterday. '
Consumer Choice
Mr. Biggins, who operates a
funeral home in Rockland,
Mass., said that funeral direc-
tors want consumers to have
choices. "At the same time, we Source: FTC, consumer-rights advocates
have to be responsible business people,
and run a profitable business to stay via-
ble in today's economy," he said.
A spokeswoman for Batesville de-
clined to comment yesterday, saYing the
company hadn't yet seen the suit. Offi-
cials from SCI and Stewart declined to
comment. Chaya Cooperberg, a spokes-
woman for Alderwoods, said such claims
are "without merit."
In the lawsuit, the families claim-
ing to have been overcharged paid
from $2,200 to as much as $1,395 for
caskets. "For years, funeral homes
have conspired, to artificially inflate
casket prices," said Joshua Slocum, ex-
ecutive director for the lawsuit's lead
plaintiff, the Funeral Consumers Asso-
ciation, a nonprofit group based in
South Burlington, Vt.
While the lawsuit doesn't name a
eluding Batesville, to avoid ad
vertisingtheirprices in ori:terll
keep customers in the dar!
about lower-cost 'alternatives.
An executive'at.' Costa
(Which isn't a party to till
suit) declined to comment.
The funeral industry's r~
sponse to discounters under,
scores the way the busineSl
has been transformed in re-
cent years. In many cities, the
mom-and-pop, locally owned
funeral home is becoming
rare; national funeral-service
conglomerates such as SCI, AI.
derwoods and Stewart have
bought up thousands of these
local businesses. And individ.
ual funeral' directors have
formed powerful trade groups
that lobby in Washington and
state capitals.
In the years since the Fed.
eral Trade Commission im-
posed rules on the industry, these lob-
bies have succeeded in getting some
state legislatures to limit casket sales to
licensed funeral directors. These . laws
have repeatedly been opposed by the
FTC and overturned by the courts in
recent years.
In one instance, when striking down
a Tennessee statute in 2002, an appeals
court used strong language-saying the
statutes "come close to striking us' with
the force of a five-week-old dead fish,"
. and are "nothing more than. an attempt
to prevent economic competition." The
statutes can lead to casket markups by
funeral directors of 250% to as much as
600%, the court found.
In Mississippi, a federal court invali.
dated a similar law in 2000, calling caskets
"nothing more than a glOrified box" requir-
ing no special skills or state license to sell.
The Pitfalls of Pricing a Funeral
Consumers have ~number of rights'when arranging a funeral.
· The Federal Trade Commission enforces a "Funeral Rule" that
lays outconsumers' rights, which are outlined at
WNW. ftc.gov /bcp/ coniine/ pubs! services/funeral.htm.
. Consumers are entitled to see a price list at the beginning of
any discussion ,of arrangements.
· It's advisable to pick up price lists from several funeral homes
to compare pricing and options.
· Ask to see a complete casket price list before viewing caskets.
Sometimes, less costly caskets won't be on display for
yiewing in a funeral home's showroom.
· Families have the right to pick and choose the items they want
in a funeral from the itemized price lists. It's not required to
purchase a preset paCkage
.' .
· A funeral home isn't permitted to refuse service to a client who
prefers to buy a casket from outside the funeral home. Nor can
a handllngf8e be levied.
specific figure, it estimates overcharges
at "hundreds of millions, if not billions
of dollars" since 2001, the statute of Iimi-
tationsunder antitrust law. Any dam-
ages awarded by the court could then
be tripled under the same law, if the
suit is successful.
. Group Boycott
The suit alleges that funeral directors
have engaged in a group boycott of manu-
facturers who deal with discounters, and
claims that Batesville, the casket maker,
~li'S agreed to go along even though it is
against its interests to turn awayalterna-
tive distributors. Indeed, the suit quotes
one supplier as saying that "distributing
through wholesale clubs [such as Costco]
would be a violation of the industry's un-
written tradition." The suit also says fu-
neral directors pressed manufacturers, in-
Costco Adds Silk Urns to Funerat- Items Line
Reuters News Service
CHICAGO-First it was caskets.
Now. Costco'Wholesale Corp. is sell-
ing silk urns along with the usual
warehouse-club assortment of bulk
food, office supplies and bargain
clothes.
Renaissance Urn Co. offers urns.
in a choice of colors including sage .,
green, maroon or steel blue, avail-
able at www.costco.com: They sell
for $64.99. ,
"Today many families are choos-
ing to scatter their loved ones and
often they need to travel via air-
plane to different parts of the coun-
try or world to do so," Renaissance
Urn said. '
. The silk urns meet U.S. trans-
portation 'security guidelines and
allow families to carry loved ones'
remains on board, rather than hav-
ing to check them as baggage.
The urns are basically plastic-
lined boxes covered in silk. Accord-
o ing to Costco's. Web site, "these
lightweight fabric urns are ideal for
memorial services and scattering."
Costco made headlines last year
when it began selling caskets in a
handful of stores in Illinois. Its Web
site also lists traditional stone urns
for $89.99.
Costco's Web ,site said'standard
delivery for the urns was seven to
10 days.
...
""
Macau Development Plan Unveiled
MACAU - Developer Stanley Ho un- I
ve~led plans to build a 6.2 billion Hong
Kong dollar ($195 million) entertainment
and residential development in Macau,!
the latest in a spree of investments ear-
marked for the former Portuguese col-
ony.
Mr. Ho said he plans to build his
clOceanus" project, covering 56,400
square yards, partly on . reclaimed land.
Macau is in the throes of an invest-
ment boom, fueled by a relaxation on
visa rules that make it easier for many
. mainland Chinese to visit.
Mr. Ho told a news conference that
his project would be launched within. a
year ,and was scheduled to be com.
pleted in 2009. The price tag excludes
the land cost.
..;
J.
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RESOLUTION NO. 05-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING RULE #24 OF
THE CEMETERY RULES & REGULATIONS;
ADDING A NEW RULE #27; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and
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Regulations and does hereby recommend an amendment to the Rules and Regulations
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Amended April 26, 2005; and
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WHEREAS, upon recommendation from the Cemetery Board, the City
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Commission has determined that it shall revise Rule #24; and
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WHEREAS, upon recommendation from the Cemetery Board, the City
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Commission has determined that it shall add a new Rule #27.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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Section 1.
Each Whereas clause set forth above is hereby ratified as being true
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and correct and incorporated herein by this reference;
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Section 2.
The City Commission of the City of Boynton Beach, Florida,
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amends the Rules and Regulations of the Cemetery Board by amending Rule #24 to add
the following:
24.
As of the date of adoption of Resolution No. 04-065, on all new sales, the
bodies placed in the Mausoleum must be embalmed. On previously
purchased crypts, if a person does not wish to be embalmed, the body must
be placed in a Ziegler style case. Plastic trays must be placed under the
casket on all entombments in the Mausoleum, whether the bodies are
embalmed or not. The funeral home will bear the cost of the Ziegler style
:\CA\RESO\Administrative\Cemetery R&R - Create Rule 27 Amend 24.doc
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case and plastic trays, but will pass that cost on to the purchaser. Human
remains bein2 placed for entombment shall be in a 2asketed metal
casket for Mausoleum usa2e.
Section 3.
The City Commission of the City of Boynton Beach, Florida,
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amends the Rules and Regulations of the Cemetery Board by creating a new Rule #27, to
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read as follows:
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27. Non-human remains shall not be buried in Bovnton Beach Memorial
Park.
Section 4.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
:\CA\RESO\Administrative\Cemetery R&R - Create Rule 27 Amend 24.doc
Meeting Minutes
Cemetery Board
Boynton Beach, Florida
August 26,2004
The unplatted section next to Woolbright was mentioned and it was thought that this
should be retained for use in the future for cremains, a mausoleum, or similar uses. The
potential was for 120 spaces or 60 plots for this type of interment.
The Board strongly felt that it would have to see the Cemetery in person to make a final
recommendation to the City Commission. The Board decided to meet at the Cemetery
at 5:30 p.m. on September 23 and tour it prior to the regular Board meeting. Secretary
Prainito will do a telephone survey with the members and the day and time of this
meeting may be changed according to the convenience of the members.
D. Proposed Rule Change Regarding Protective Caskets
A situation that arose during a disinterment from the mausoleum in the recent past led
the Cemetery Board to research the Cemetery Rules. The Board wanted to answer the
question of whether an interment in the mausoleum could include only a Ziegler case
and not a sealed metal casket.
Secretary Prainito researched the matter and found that prior to 1996 there was a
Cemetery Rule calling for sealed metal caskets in the mausoleum. In 1996, the rule
changed and there was no longer any reference to the rule requiring sealed metal
caskets. The City Commission had acted on some rule changes recommended by the
Cemetery Board, but there was no mention in the Cemetery minutes or the City
Commission minutes of why the rule was omitted in 1996.
Chair Enkoff spoke to the Mausoleum Manager, Brady Osborne, who did not recall the
reason for the rule change. He did, however, feel that requiring a sealed metal casket
would increase the City's liability in case a casket failed. He believed that a casket
manufacturer could claim that they were not liable since they had provided a casket to
the specifications of the City. After discussion, the Board decided to seek the advice of
the City Attorney on this matter.
Chair Enkoff stated that the Mausoleum that Mr. Osborne managed in Boca Raton
required the sealed metal casket and to his knowledge, there were very few indoor
mausoleums that did not require it. Chair Enkoff believed that the rule should be
rei nstituted.
Secretary Prainito will forward the question to the City Attorney and bring his response
to the Board when she receives it.
VIII. New Business
None
4
;Meeting Minutes
Cemetery Board
Boynton Beach, Florida
October 28, 2004
Mr. Wildner pointed out that the Board has the option when replatting the road between
Blocks 0 and E, not to sell all the newly platted lots. He recommended that the other
plots be sold first before opening up this area. Mr. Balfe noted that this had been a prior
practice in the 90s when the City held off selling plots in Blocks Y and W until plots in
other areas were sold.
Chairman Enkoff inquired about the status of the survey. Mr. Wildner noted that the
survey was done only to determine the boundaries. If the Board wanted to replat, this
would involve much more work and he anticipated that this would cost a lot more
money. Ms. Morrison inquired how much the survey cost and Mr. Wildner thought that it
cost around $4,000.
Mr. Wildner recommended that the Parks staff go out for bids to determine the cost to
replat the Cemetery. Chairman Enkoff inquired if this would have to be approved by the
City Commission and Mr. Wildner responded that it would depend upon the cost. The
City Manager can approve any expense up to $10,000. Anything over this amount
would go to the City Commission. Mr. Wildner felt that staff would be able to obtain
three bids for replatting before the next Cemetery Board meeting that would allow Board
members to review the cost. After that, the Board could determine how it wanted to
proceed.
Mr. Wildner pointed out that it took several months to get bids for the first survey, but he
felt that it might be possible to get bids for replatting by the next meeting. If this were not
possible, the Board would review the bids whenever staff can produce them.
Motion
Secretary Prainito moved to request staff to seek bids to replat the Cemetery sections
as discussed. Motion seconded by Chairman Enkoff and unanimously carried.
D. Status of possible rule change regarding protective caskets
Secretary Prainito reported that she sent a memo to the City Attorney regarding the
Board's liability about instituting a rule change requiring protective caskets. She
received E-mail from Attorney Cherof that stated, "The Board has the authority to
implement a rule requiring sealed metal caskets for all interments, including temporary
interments."
Chairman Enkoff inquired if "interments" referred to "entombments." Secretary Prainito
responded that Attorney Cherof was aware that she was asking about entombments in
the Mausoleum because her memo was very specific. Therefore, she felt that the Board
could now move forward with this recommendation. Mr. Wildner noted that Mr. Osborne
has always been opposed to any restriction on the type of casket used for
entombments. Mr. Osborne felt that the more money people spent on caskets, the less
they would spend on a crypt. Further, Mr. Osborne felt it was the manufacturer's
responsibility to provide a warranty for the casket.
4
:Meeting Minutes
Cemetery Board
Boynton Beach, Florida
October 28, 2004
Chairman Enkoff noted that there are Mausoleums in the State of Florida that not only
require a protective casket, but the body must be embalmed and the gauge of metal of
the casket is also specified. He pointed out that this Board is not specifying the gauge
of metal of the casket, but is requiring that a "metal gasketed (protective) casket" be
used for entombment in the Mausoleum. Chairman Enkoff pointed out that the
protective applies to "outside" elements, as well as nothing should be able to go from
the inside to the outside. Secretary Prainito pointed out that the Board was concerned
regarding the latter since there was a prior incident at the Mausoleum involving a
leaking casket.
Chairman Enkoff pointed out that when a manufacturer of a casket provides a warranty
for their product, there is no liability on the part of the Cemetery or the purchaser of the
casket.
Chairman Enkoff would like to present a motion that this Board prepare and present a
rule change to the City Commission to require a metal gasketed (protective) casket.
Secretary Prainito pointed out that Mr. Osborne must be notified of any rule change
involving the Mausoleum and he would then have 45 days to respond before the item
goes to the City Commission. Mr. Wildner recommended that when Mr. Osborne is
notified of the proposed rule change, the Board offer him an opportunity to present his
comments at a Cemetery Board meeting.
Motion
Chairman Enkoff moved that City staff notify Mr. Osborne of the proposed rule change
regarding metal gasketed (protective) caskets and that he provide his input by the
November 18, 2004 meeting.
Secretary Prainito suggested that the Board could make a motion to the City
Commission regarding the rule change after Mr. Osborne attends the November
meeting, When Secretary Prainito notified Mr. Osborne of a prior change, she invited
him to the Board meeting to respond, but he did not attend. However, he did attend the
City Commission meeting when the item was on the agenda and presented his
comments at that time.
Mr. Wildner reported that Ms. Jody Rivers was hired as his replacement and should be
on staff after her contract is approved by the City Commission at its first meeting in
November. Ms. Rivers was a former Parks Superintendent for the City of West Palm
Beach and was in charge of the cemetery as well. Mr. Wildner assumed that Ms. Rivers
would be speaking with Mr. Osborne regarding the Mausoleum operations that would
provide her an opportunity to set up a working relationship with him, which Mr. Wildner
thought would be beneficial to everyone.
5
Meeting Minutes
Cemetery Board Special Meeting
Boynton Beach, Florida
December 16, 2004
VI. Receipt of Sales Reports - October & November 2004
Motion
Ms. Morrison moved for approval. Motion seconded by Ms. Frazier and unanimously
carried.
VII. Unfinished Business
A. Parks Division Report
Mr. Balfe presented the Park's Report, a copy of which was included in the agenda
packet. There were nine (9) Mausoleum entombments and fifteen (15) in-ground burials
for a total of twenty-four (24) burials for the month.
B. Update on Cemetery Survey
Mr. Balfe reported that Timothy M. Smith Company, the company that originally did the
survey, is no longer in business. Mr. Balfe contacted O'Brien, Suiter and O'Brien and
spoke with Mr. Paul Engle of that company. Mr. Engle requested that he be furnished
with a copy of the boundary survey so that he could provide a quote for the cost of the
replatting. Mr. Balfe asked Secretary Prainito to furnish him with a copy of the survey
and he would forward it, together with a breakdown of the additional work necessary for
replatting the Cemetery.
Mr. Balfe thought that he could have a quote available at the next meeting. Mr. Wildner
noted that O'Brien, Suiter and O'Brien did the original survey of the Cemetery; however,
Mr. Engle is the new owner of that Company and would not be familiar with what had
been done in the past.
Chairman Enkoff inquired if it was known how many new graves could be added. Mr.
Wildner explained that before this could be determined, the replat process has to go
through the City's Engineering Division and then be approved by the City Commission.
Ms. Rivers inquired if the replatting would have to go through the TRC process, and Mr.
Wildner stated that this was not necessary.
C. Status of possible rule change regarding protective caskets
Mr. Osborne inquired what prompted this rule change. Mr. Wildner stated that at one
time the Cemetery had a rule that required that a certain type casket must be used for
entombment in the Mausoleum. A few years ago, when there was discussion regarding
various Cemetery rule changes, the City Manager at the time changed this rule.
Secretary Prainito reported that this took place in 1996. In 1994 the Cemetery Rules
and Regulations required sealed metal caskets. Somehow when these changes were
made in 1996, the sealed metal casket requirement was eliminated.
2
Meeting Minutes
Cemetery Board Special Meeting
Boynton Beach, Florida
December 16, 2004
Mr. Osborne stated that this rule was changed when the City decided to repurchase
crypts. He was not in favor of having any rules governing the type of casket used in the
Mausoleum. This decision should be made between the funeral director and his client.
Mr. Osborne contended that if the City required a sealed casket, the City would become
liable for this requirement. He further asserted that the malfunctioning of a casket
should be the responsibility of the funeral home. He also pointed out that the three
serious casket malfunctions over the years involved sealed caskets.
Mr. Osborne explained that sealed caskets are equipped with a valve that allowed the
gases to escape. If the valve malfunctioned, the pressure inside the casket built up to
the point that the casket exploded.
Mr. Wildner stated that the reason the Board wanted to address this issue was to make
certain that the City would not be responsible in any way for the clean up and repair of
any damage resulting from a defective casket. He felt that any damage resulting from a
malfunctioning casket should be the responsibility of the casket manufacturer.
Mr. Osborne pointed that the first such incident involved a casket sold by Scobee
Combs Funeral Home. During the clean up, three crypt fronts were damaged and have
never been replaced. The second incident occurred approximately two years ago
without his knowledge. Lorne and Sons Funeral Home arranged for the clean up that
involved a casket manufactured by Batesville Casket Company. These were the only
two incidents until the last one that occurred in November 2003 that involved a crypt
that leaked. Weiss Funeral Home had arranged the funeral and Jack Weiss refused to
take any responsibility for the leakage.
Mr. Osborne was of the opinion that it was the casket manufacturer's responsibility to
address and clean up these types of situations. Chairman Enkoff reported that he
invited a representative from Batesville Casket Company to attend tonight's meeting to
address this, but he was unable to make the meeting. Batesville Casket Company is
the largest casket manufacturer in the world and has an excellent reputation. Various
casket manufacturers have informed him that wooden caskets should not be allowed in
the Mausoleum, even if they were placed on a tray. The newer type wooden caskets
now have inner liners, but are still not guaranteed.
Mr. Osborne asserted that casket manufacturers were recommending this because they
made more money selling metal caskets. Chairman Enkoff disagreed with this
comment. Mr. Osborne pointed out that there is only one wooden casket in the
Mausoleum that he is aware of and it has a case with a liner. Mr. Osborne felt if he
were required to only have protective metal caskets in the Mausoleum, he would lose
business because of the expense.
Members disagreed with Mr. Osborne's assumption and felt that people were aware of
the costs of a Mausoleum burial versus an in-ground burial.
Ms. Rivers inquired what the purpose was in having only protective metal caskets in the
Mausoleum and was informed that it was to prevent malfunctions of the casket.
3
Meeting Minutes
Cemetery Board Special Meeting
Boynton Beach, Florida
December 16, 2004
Chairman Enkoff stated that malfunctions occur with protective metal caskets as well,
but casket manufacturers provide a warranty to the purchaser. He knew of only a few
malfunctions of a casket valve and any respectable company would stand by their
product and replace the malfunctioning casket.
Mr. Osborne pointed out that non-protective caskets allow gases to seep out gradually
and do not build up within the casket. He felt that the City should not require protective
sealed caskets in the Mausoleum.
Secretary Prainito inquired if caskets were not sealed, would there be an issue of odors,
and Chairman Enkoff stated that this would be the case. Mr. Osborne said that the
Mausoleum was designed to address odors. Mr. Osborne stated that the only reason
caskets malfunctioned was due to the valve on the casket not working properly and
there has never been an incident involving an unsealed casket. Mr. Osborne did
acknowledge that an unsealed casket could leak, but normally the funeral parlor would
come out to the Mausoleum and correct it.
Mr. Wildner pointed out that the problem with the last incident at the Mausoleum was
due to the casket manufacturer not standing by their product. He felt that there should
be some way to make the casket manufacturer stand by their product. Chairman Enkoff
noted that the two largest casket companies stand by their products.
Secretary Prainito pointed out that the issue of requiring a protective sealed casket
arose when the City Clerk's Office received a telephone call from a funeral director. The
funeral director informed her of a conversation that Mr. Osborne had with a person who
was inquiring about an entombment. Mr. Osborne told this person that a casket was not
required in the Mausoleum and a body could be placed only in a Ziegler case. As a
result, the City Clerk's Office checked the Cemetery rules and found that the rule
requiring a protective sealed casket had been eliminated.
Mr. Osborne was of the impression that if a body was not embalmed, it had to be placed
in a Ziegler case. Mr. Wildner stated that the intent was that a casket would be placed
within the Ziegler case; not a body alone placed in the Ziegler case. Mr. Osborne felt
that this should not be a requirement and that a body by itself could be placed in a
Ziegler case without a casket for entombment in the Mausoleum. Ms. Hohner was
totally aqainst allowinq a body to be entombed in only a Zieqler case. She felt that a
Zieqler case was not a suitable container when the existinq rules require a casket. M&
Hohner was totally against allov.'ing a body to be entombed only in a Ziegler case. She
felt that this method would be ineffective in protecting the body. Mr. Osborne thought
that the purpose of using a Ziegler case was to protect the Mausoleum when an
unembalmed body was placed in the Mausoleum.
Mr. Wildner stated that if a Ziegler case could provide the necessary protection, and if a
family only wanted to use a Ziegler case without a casket, did the Board want to
consider allowing this. Chairman Enkoff stated that the Board should handle these
issues on a case-by-case basis.
4
Meeting Minutes
Cemetery Board Special Meeting
Boynton Beach, Florida
December 16, 2004
Secretary Prainito felt that the requirement for a sealed casket was not a disadvantage
to the Mausoleum, but was, in fact, a means to ensure the safety of the property and to
protect the remains entombed in the Mausoleum. Mr. Osborne thought that requiring a
sealed casket was unnecessary, since the three incidents at the Mausoleum involved
sealed caskets. Mr. Osborne further stated that if a sealed casket became a
requirement, it would hurt the residents of the City who would have to bear the cost of a
more expensive casket. Secretary Prainito did not think that this was an issue that the
Board had to address.
Ms. Rivers responded that the main concern of this Board was to protect the City from
any liability, which in turn protected the taxpayers. Chairman Enkoff did not think that
money should be brought into the equation whatsoever. Ms. Rivers pointed out that the
issue at hand was not funeral directors versus the Mausoleum, but was an issue
between the City and the Mausoleum and requested that Mr. Osborne refrain from
bringing costs into the discussion.
Mr. Osborne stated that when the rule was made requiring a sealed casket, the entire
Board was made up of funeral directors. Chairman Enkoff felt that funeral directors
should serve on the Board since they are most familiar with the daily operations of
cemeteries and mausoleums. Ms. Rivers further responded that the funeral directors
that serve on the Board are necessary for their expertise in the area.
Mr. Osborne asked what the advantage was to requiring a sealed casket in the
Mausoleum. Chairman Enkoff noted that this would control odors and bodies should be
embalmed and placed in a protective, sealed casket. Chairman Enkoff was aware of
instances where bodies that were not embalmed and placed in an unsealed casket
have exploded. Mr. Wildner reported that he spoke with a representative of Eternal Light
Cemetery that allowed wooden caskets and unembalmed remains. They informed him
that they do have problems that are anticipated and are considered normal in the
operation of a mausoleum that follows the Jewish tradition. Eternal Light takes extra
care to make sure that odors are controlled.
Mr. Wildner inquired if the City wanted to require the Mausoleum to take extra
precautions similar to the ones at Eternal Light Cemetery. The reason the Mausoleum
only had three incidents in 25 years was due to the fact that metal, sealed caskets were
required. Mr. Wildner suggested that the Board should require that all caskets going in
the Mausoleum would come with a warranty and that the company would be
responsible for all problems that arose from a defective casket. Chairman Enkoff
pointed out that the warranties are in effect by years.
Mr. Osborne felt that Chairman Enkoff was his competitor and that it was not fair to him
to have Chairman Enkoff making rules that affect his business. Mr. Osborne also
reported that the City of Boca Raton is researching the requirement of only using sealed
metal caskets. Their research has revealed that most mausoleums that require sealed
caskets are private and municipal mausoleums do not have this requirement. Secretary
Prainito did not think that Chairman Enkoff was a competitor of Mr. Osborne just
5
Meeting Minutes
Cemetery Board Special Meeting
Boynton Beach, Florida
December 16, 2004
because he was a funeral director. Being entombed in the Mausoleum or buried in the
ground was an individual choice.
Mr. Wildner inquired if the City of Boca Raton has made any decision based on their
research. Mr. Osborne stated that no decision has been made at this point. Chairman
Enkoff inquired if an unembaled body could be entombed in a wooden casket in the
Boca Raton Mausoleum. Mr. Osborne thought that this would be allowed, but he would
prefer a product that would protect the mausoleum.
Secretary Prainito stated that this entire discussion was based upon protecting the
Mausoleum and at the same time protecting City property and the City itself against any
kind of liability. Mr. Osborne asserted that the City did not use a strong enough
adhesive to prevent the fronts of the crypts from coming off. Mr. Wildner responded that
there was no adhesive that would prevent the front of a crypt from blowing off that
resulted from the type of explosion that recently occurred. Chairman Enkoff stated that
when leakages occurred in Jewish Mausoleums, their staff immediately cleans up the
leakage by using a compound to absorb the fluids.
Mr. Osborne was opposed to funeral directors telling families that a person must be
placed in a sealed casket, because this costs more. Ms. Rivers responded that it was
not the funeral directors' responsibility to make these decisions. The City sets the rules
and regulations for burials in the Cemetery and the Mausoleum. Mr. Osborne
continually insisted that funeral directors wanted to sell expensive caskets, which were
the sealed, metal caskets. Chairman Enkoff disputed this statement. Ms. Hohner noted
that there were a great many unprotective caskets that were more expensive that
protective caskets.
Chairman Enkoff also felt that if a person could not afford to purchase a casket, they
could not afford to purchase space in the Mausoleum. Mr. Osborne again stated that
funeral parlors were out to make money. However, he never acknowledged that
purchasing a crypt in the Mausoleum also cost money. Members of the Board took
exception to Mr. Osborne's accusations of greed on the part of funeral directors without
acknowledging that he too was in business to make money. Mr. Osborne felt it was less
expensive to be entombed in the Mausoleum than to be buried in the ground.
Ms. Rivers requested that the talk about money be concluded and that the issue at hand
be addressed, which is how does the City protect itself. Secretary Prainito pointed out
that this needed to be resolved because the rules and regulations are unclear.
Secretary Prainito noted that the Cemetery Clerk arranged burials in accordance with a
1982 memo from Tereesa Padgett that stated "sealed, metal caskets" must be used.
Mr. Osborne thought it might be feasible to invite a mausoleum builder to a meeting to
explain how mausoleums were built and explain that it was totally unnecessary to
require sealed, metal caskets. He noted that it was he who had the most vested interest
in the Mausoleum over anyone else in the City.
6
Meeting Minutes
Cemetery Board Special Meeting
Boynton Beach, Florida
December 16, 2004
Ms. Hohner asked Mr. Osborne how the Mausoleum was designed to deal with
seepage of fluids. Mr. Osborne explained that each crypt is equipped with two vents on
the bottom of the crypt to allow fluids and water to drain.
At this point, due to the tone of the meeting, members felt it would be best to table the
issue so that it could be discussed more amicably at a future meeting. Mr. Wildner
recommended contacting the City of Boca Raton to determine the status of their
research.
Motion
Ms. Hohner moved to table. Motion seconded by Ms. Morrison
Chairman Enkoff requested that letters be sent inviting the Superintendent of the Queen
of Peace Cemetery and a representative from a casket manufacturer to the next
meeting.
Vote
The motion unanimously carried.
D. Discuss the potential of engraving Mausoleum crypts and niches
Mr. Balfe reported that he received quotes from two monument companies. Photos of
nameplates done with lettering and names that were etched were presented. If the
Board chose to use brass letters, it would cost approximately $207. If the names were
etched, the cost would be approximately $85. Mr. Balfe explained that letters fall off,
whereas etching was permanent and this was the method that he favored.
Mr. Balfe had made inquires about the cost of purchasing a starter kit if the Board chose
lettering and found the cost to be around $6,000. He recommended that if an owner's
name were etched on a crypt and the City purchased it back, the cost of the new
etching should be deducted from the purchase price.
Mr. Wildner inquired if all the lettering would be replaced. Mr. Balfe responded that this
new practice could begin on a certain date. Mr. Wildner stated that if the Mausoleum
currently paid for the lettering and the City changed to etching on the new building only,
there would be no cost to the City. Mr. Balfe noted that he has spoken to Mr. Osborne,
and Mr. Osborne has agreed to pay to engrave the unsold crypts.
Mr. Osborne responded that he would first have to consult with the people who
purchased crypts to make sure they would prefer the etching, rather than the lettering.
He noted that he had tried several times to get the Cemetery Board to agree to etched
lettering, but was never successful. Mr. Wildner recalled that the Board was reluctant to
change to etching since lettering was already being used. If the City decided to change
to etching, it would require taking down the crypt front to do the etching and then putting
it back up.
7
Meeting Minutes
Cemetery Board
Boynton Beach, Florida
March 24, 2005
C. Discuss cremains burials
Mr. Balfe would like to know how to handle a request to allow cremated animal remains
being buried in a plot with human remains in the Cemetery.
Mr. Wildner felt that this was more of a personal issue and allowing animal cremains in
a cemetery designated for humans would offend some people. If this Board decided not
to allow animal cremains in the Cemetery, it needs to be stated in the Cemetery Rules.
After discussion, members decided that cremains of animals would not be allowed in
the Cemetery and this rule would go to the City Commission for approval along with the
other rule change requests.
Motion
Chair Enkoff moved that pets would not be allowed in the Boynton Beach Memorial
Park Cemetery. Motion seconded by Ms. Hohner and unanimously carried.
For clarification, Ms. Hohner recommended using the wording "non-human remains"
that would include cremated remains.
D. Set date for workshop to discuss Cemetery Rules & Regulations
Mr. Balfe pointed out that the rules governing headstones were very vague. Currently
the rule states that a headstone must be granite or marble with a 6" base. He would like
wording added that it would have to be 4" solid granite or marble. Also he would like the
6" base requirement removed, because it is so heavy. He is not sure what the purpose
of this requirement is. Mr. Wilder responded with the 6" base requirement was enacted
several years ago because markers were being broken by vehicles driving over them.
Requiring a 6" base provided more support for the headstone.
Mr. Wildner recommended that all the Cemetery rules be reviewed at the workshop.
Chair Enkoff inquired if outside parties would be invited to the workshop and members
felt that this was not necessary. It was decided that a workshop for this purpose would
be held on the Board's regular meeting date on April 28th in the Art Center at 6:00
p.m. Secretary Prainito will include a copy of the Cemetery Rules when the meeting
minutes are sent out.
The regular May meeting would be moved up to Thursday, May 12, 2004 and would be
held in Commission Chambers at 6:00 p.m.
E. Request by Lupita Delvalle for an exception on a headstone (previously
addressed)
IX. Other
8
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
,~~
~e.>tl
CERTIFIED MAIL #7002 0510 0002 5848 9489
March 25, 2005
MR. BRADY OSBORNE
BOYNTON BEACH MAUSOLEUM, INC.
1611 SOUTH SEACREST BOULEVARD
PO DRAWER 1429
BOYNTON BEACH, FL 33425
Dear Mr. Osborne:
Please be advised that the Cemetery Board met on March 24, 2005 and unanimously voted to
recommend to the City Commission that additional language be added to Rule #24 of the Cemetery Rules
& Regulations dealing with the use of gasketed caskets at the Mausoleum. The revised rule would read
as follow:
"24. As of the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed
in the Mausoleum must be embalmed. On previously purchased crypts, if a person does
not wish to be embalmed, the body must be placed in a Ziegler case. Plastic trays must be
placed under the casket on all entombments in the Mausoleum, whether the bodies are
embalmed or not. The funeral home will bear the cost of the Ziegler cases and plastic
trays, but will pass that cost on to the purchaser. Human remains beina Dlaced for
entombment shall be in a aasketed metal casket for Mausoleum usaae.
In addition, the board members also discussed and unanimously voted to add a new rule to the Cemetery
Rules & Regulations as follows:
"26. Non-human remains shall not be buried in Boynton Beach Memorial Park."
Please be advised that the Cemetery Board recommendation regarding the above mentioned changes will
go to the City Commission for their consideration and adoption on June 7, 2005.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
CIlY OF BOYNTON BEACH
Janet M. Prainito, CMC
City Clerk
c: Cemetery Board; Kurt Bressner, Wally Majors, James Cherof, Jody Rivers, Tom Balfe, Cemetery
Clerk, Central File, John Wildner
S:\CC\WP\CEMETERY\Letters\RULE CHANGES\Intent to Amend Rules regarding Gasketed Caskets & burial of animal remains.doc
America's Gateway to the Gulfstream
NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES
Rules and Reaulations Amended April 19. 2005
GENERAL
1. Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer,
assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of
the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No
transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with
the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No
disinterment shall be allowed except by the consent of the Board of Governors and upon written
request of the owner or owners of the lot and in every case shall only be made by the proper
authorities.
(NOTE:, Authorized disinterment and shipment of body may be made only by a licensed funeral
director licensed in Florida to another licensed funeral director at terminal point.)
2. The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style
of their improvements at the cemetery; but in justice to the interest of the whole and all cemetery lot
owners, it reserves to itself the right of preventing or removing any erection, enclosure, monument,
inscription, tree or shrub which is inconsistent with the purpose of these rules and which the City
considers injurious to the grounds. Under no circumstances will Jots be allowed to have on them
growing or live plants, trees, or bushes directly planted in the ground and such will be removed by City
employees.
3. In addition to the grave marker, there will be a limit of three items placed on a grave site. In general,
these three items can be those chosen by the owner, but must be able to be moved with one hand
and flowers must be in a container that has a solid base so that it will easily stand erect or in a
container with a point on the bottom that is easily stuck into the ground. These items must be
tastefully placed at gravesites. Employees will, for cemetery maintenance purposes, move and
replace these items with care, but the City does not accept responsibility for replacing broken items
unless there is a clear negligence on the part of the City employees.
(NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly
to the appearance of the Cemetery.)
4. All lot enclosures of any kind whatever are prohibited. Corner stones properly numbered and set flush
with the surface of the ground will be allowed. No brickwork will be allowed above ground level in any
portion of the cemeteries. No mounds are permitted over graves. The grade of all lots will be
determined by the Board of Governors.
5. No person shall be allowed to perform any modification or construction on a lot without a permit from
the City. No money should be paid to any person in the employ of the City for services or attention,
other than their salaries and wages paid by the City.
6. To protect the grounds and especially improved lots from injury, all excavations shall be made by the
City.
7. All permanent grave markers must be ground level, of bronze, marble or granite material and placed
on a six (6) inch concrete base, subject to proper permit and fees.
8. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary
markers will be removed by cemetery workers after that time.
1
9. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery.
'"
1 O. No wooden boxes may be used for interment. Casket must be encased in a solid container _ concrete.
container or vault.
11. The Board of Governors from time to time may initiate and recommend the laying out, altering, or
closing of such avenues or walks and make such rules and regulations for the government and
improvement of the cemetery as it may deem requisite and proper, subject to City Commission
approval.
12. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all
accounts relating thereto and due the City are paid.
13. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent.
The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the
grounds.
14. On Veterans' Day and other national holidays, the Veterans' organizations may join in memorial
services at the cemeteries upon scheduling with the Secretary of the Cemetery Board, the City Clerk.
MAUSOLEUM
15. Mausoleum Crypts or Niches - Prior to interment, an owner may transfer or resell the mausoleum
crypt or niche provided the owner first obtains the written consent of the City of Boynton Beach and
Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that the new
purchaser's name, address and phone number are on file with the City Clerk and an administrative
fee equal to the cost of relettering the mausoleum, crypt, or niche is paid to Boynton Beach
Mausoleum, Inc.
After interment, resale or transfer of ownership shall be allowed only to the City of Boynton Beach at a
cost of 50% of the original purchase price paid for the crypt or niche and provided that disinterment
has occurred and implemented by the proper authorities. The City may not offer these crypts or
niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc.
No disinterment shall be allowed except by the consent of the BQard of Governors following written
request by the owner or owners of the crypVniche and in every case shall only be made by the proper
authorities.
(NOTE: Authorized disinterment and shipment of body or remains may be made only by a licensed
funeral director licensed in Florida to another licensed funeral director at terminal point.)
16. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or
shrub.
"
17. In addition to the bronze letters, there will be a limit of two emblems allowed per crypVniche. These
bronze letters and emblems may be obtained from Boynton Beach Mausoleum, Inc., who is the City's
exclusive sales agent, and shall be installed by the City of Boynton Beach.
18. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers
must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a
maximum period of three (3) days. One (1) vas per crypt/niche will be allowed. Flowers must be in a
container that has a solid base so that it will easily stand erect. Employees will, for maintenance
purposes, move and replace these items with care, but the City does not accept responsibility for
replacing broken items unless there is a clear negligence on the part of the City employees. After the
third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have
2
become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable
to the Cemetery Manager."
"No potted plants containing soil, perlite, or other loose materials are permitted in chapels or
walkways in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche
site that becomes untidy or unsightly, in the sole and absolute discretion of the City."
19. No person shall be allowed to perform any modification on anything without written permission from
the City. No money should be paid to any person in the employ of the City for services or attention,
other than their salaries and wages paid by the City.
20. All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum,
Inc. Boynton Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a
certificate of ownership within 30 days which shall include the purchaser's complete name, address
and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City
shall is.sue a certificate of ownership and forward it to the purchaser within 14 days. There shall be no
fee for issuance for the certificate of ownership.
21. Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold
to the City within 30 days of the sale. There shall be no requirement for an annual audit.
22. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum
Chapel on Memorial Day.
23. The Board of Governors from time to time may recommend the altering of the Rules and Regulations
for the government and improvement of the mausoleum as it may deem requisite and proper, subject
to City Commission approval. At any time the Board of Governors proposes amending or altering the
Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by
certified mail return receipt requested of the proposed changes, at the same time any City
Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given
forty-five (45) days from the date it receives notice of intended action by the Board of Governors prior
to any City Commission action being taken. All Rules and Regulations shall be applied prospectively
from the date of adoption. No Rule or Regulation shall be construed in a manner which would negate
or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a purchase
agreement with Boynton Beach Mausoleum, Inc. or any contractual right between the City of Boynton
Beach and Boynton Beach Mausoleum, Inc.
24. As of the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed in the
Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be
embalmed, the body must be placed in a Ziegler case. Plastic trays must be placed under the casket
on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home
will bear the cost of the Ziegler cases and plastic trays, but will pass that cost on to the purchaser.
25. In an adult grave, the following will be permitted: One (1) casket, plus one (1) cremains, or three (3)
cremains. No more than three (3) markers will be permitted per adult grave. In the Replat section,
two (2) cremains will be permitted in a cremains plot. No more than two markers will be permitted on
a cremains plot in the Replat section.
*26. The use of a concrete (at minimum) urn vault for cremated remains (cremains) in Boynton Beach
Memorial Park shall be required. The cost of the vault will be borne by the funeral director.
Revised 4/26/2005 9:48 AM
*Resolution No. R05-064
S:\CC\WP\CEMEfERY\CEMEfERY RULES\RULES2005 - Revised 04-10-05 - Reso #05-064.doc
3
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon,) [S1 June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [S1 Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION:
Request postponement of the ratification of the action of the
South Central Regional Wastewater Treatment &. Disposal Board
until luly 5, 199&. ., I \ ~ I 0," t,JA
EXPLANATION: On April 21, 2005, the South Central Regional Wastewater Treatment & Disposal
Board held its Regular Quarterly Annual meeting. At that time, the Board took
action on items that are now before the City Commission for ratification. This
City Commission ratification is the confirmation process for the action taken by
the S.C.R.W.T.D. Board.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES:
Not ratify their action
JJ.~
City Manager's Signature
City Clerk's Office
City Attorney / Finance / Human Resources
S:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request - SCRWTD - Revised for 06-07-05 Meeting.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.4.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) [8J June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon)
0 May 3,2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Request postponement of the ratification of the action of the
South Central Regional Wastewater Treatment & Disposal Board
until July 5/ 2005.
EXPLANATION: On April 21, 2005, the South Central Regional Wastewater Treatment & Disposal
Board held its Regular Quarterly Annual meeting. At that time, the Board took
action on items that are now before the City Commission for ratification. This
City Commission ratification is the confirmation process for the action taken by
the S.C.R.W.T.D. Board.
PROGRAM IMPACT: None
FISCAL IMPACT:, None
ALTERNATIVES:
Not ratify their action
Jk-~
City Manager's Signature
City Clerk's Office
City Attorney I Finance I Human Resources
;'
<::\CC\WPICCAGENDA\Agenda Request Memos\Agenda Item Request - SCRWTD _ Revised for 06-07-05 Meeting,dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
Ros-a€>7 4l:-,
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF April 21, 2005
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 21, 2005 by a vote of 8-0 approve AUTHORIZATION FOR THE CHAIRMAN TO
SIGN THE INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED
WATER WITH BOYNTON BEACH. EFFECTIVE AS OF OCTOBER 1, 2005.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action
independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
~ day of M A'f ' ;A()()~ , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
,+'
R05-0B7
INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE
OF RECLAIMED IRRlGATION WATER
THIS AGREEMENT entered into between SOUTH CENTRAL REGIONAL
W ASTEW A TER TREATMENT AND DISPOSAL BOARD, with a mailing address of 1801
North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the
CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of _
, Boynton Beach, Florida
, hereinafter called "BOYNTON
BEACH."
WIT N E SSE T H:
WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment
System which is capable of producing reclaimed water which may be used for productive and
beneficial purposes for agricultural and urban irrigation in accordance with local, state and
federal guidelines; and
WHEREAS, the BOARD is a Special District created by Interlocal Agreement between
BOYNTON BEACH and the City of Delray Beach for the purpose oftreating wastewater
produced by the customers of BOYNTON BEACH and the City ofDelray Beach, as well as
producing reclaimed water therefrom .and distributing the same to BOYNTON BEACH and the
City of Del ray Beach for redistribution to their customers; and
WHEREAS, BOARD agrees to deliver reclaimed water and BOYNTON BEACH agrees
to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement;
and
WHEREAS, local governments are encouraged to implement programs for the use of
reclaimed water by the State of Florida; and
WHEREAS, BOARD has determined to assist the citizens of the BOARD's regional area
who utilize large quantities of groundwater by making available reclaimed water as an alternative
source of water supply; and
WHEREAS, BOARD operates a reclaimed water program approved by the Department
of Environmental Protection.
NOW THEREFORE, based upon the foregoing, the parties agree to the following terms
and conditions:
I. TERM OF AGREEMENT, COSTS AND METERING
BOARD shall deliver and BOYNTON BEACH shall accept and use
reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central
Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shall be
delivered to location(s), hereinafter the "delivery point," as described in Exhibit "A." BOARD
shall perform its obligations of delivery of reclaimed water and BOYNTON BEACH shall
perform its obligation of acceptance of such water as herein provided.
(a) This Agreement shall be effective until terminated by either party.
(b) The BOARD will make available to BOYNTON BEACH up to
fifty percent (50%) of the reclaimed water produced by the Regional Facility.
( c) BOYNTON BEACH will pay to the BOARD a monthly
consumption charge which will be adjusted annually effective October 1 of each year based upon
the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload
of the reuse system during the initial year of operation, BOYNTON BEACH, the BOARD and
the City of Delray Beach each will need to guarantee a minimum purchase per month.
-2-
Accordingly, BOYNTON BEACH agrees to pay a minimum of Eighteen Thousand Six Hundred
Dollars ($ I 8,600.00) per month regardless of the consumption charge for the volume of
reclaimed water actually received being lower than minimum purchase during the first year of
this Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To
the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the
cost of producing same, BOYNTON BEACH agrees to pay to the BOARD fifty percent (50%) of
such deficit.
(d) BOYNTON BEACH acknowledges that the BOARD has other
large users of reclaimed water, which currently have contracts with the BOARD. The BOARD
will supply its reclaimed water customers based on their contract priority and their beneficial use
of the water should a shortfall of supply occur.
2. USE OF RECLAIMED WATER: RESPONSIBILITY FOR IRRIGATION
SYSTEM
(a) BOYNTON BEACH shall use reclaimed water delivered by the
BOARD for irrigation or for other non-potable purposes in any manner determined by
BOYNTON BEACH, except that use, application and discharge of reclaimed water shall comply
with local, state, and federal regulations.
(b) BOYNTON BEACH shall be solely responsible for the operation
and maintenance of all portions of the distribution and irrigation system located within the
subject property boundaries specified in Exhibit "A," attached herewith.
3. WATER QUALITY
BOARD agrees that reclaimed water delivered under this Agreement shall
-3-
meet or exceed the requirements of Chapter 62-610, Part III, Florida Administrative Code and the
standards set forth in Exhibit "B."
4. VOLUME OF DELIVERY
The normal operating pressure range for the reclaimed water system is
between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a
minimum pressure of 60 psi at point of delivery. Should BOYNTON BEACH wish to alter the
reclaimed water operating delivery pressure, it shall be BOYNTON BEACH'S sole
responsibility to furnish and install a pressure reducing valve or booster pump on the property
side of the meter service. Reclaimed water shall be delivered by the BOARD to only one
delivery point as mutually determined by the BOARD and BOYNTON BEACH. BOYNTON
BEACH will be responsible for distribution on its property beyond said point. BOYNTON
BEACH hereby provides a license to the BOARD to enter on BOYNTON BEACH'S property
for the purposes of access to monitoring wells, if applicable for inspection, and to determine
compliance of the use of reclaimed water of the distribution system. The BOARD will, at its
expense, construct, operate, and maintain the transmission lines to the delivery point.
BOYNTON BEACH shall not request more reclaimed water than can be beneficially used by
BOYNTON BEACH.
5. DELIVERY OF RECLAIMED WATER UNDER ADVERSE
CONDITIONS
Unforeseen circumstances may necessitate modification of normal
delivery of reclaimed water. If BOARD'S system or BOYNTON BEACH'S transmission or
distribution system fails for reasons or events beyond either party's control; then, delivery of
-4-
reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD
a,nd BOYNTON BEACH shall make all reasonable efforts to make prompt repairs to its
respective system. Each party shall be obligated to the other to provide immediate oral notice of
such failures so that alternate systems may be put into operation as soon as possible. Nothing in
this agreement shall require the interconnection of the South Central Regional Wastewater
Reclaimation Plant to provide additional flow to BOYNTON BEACH.
6. TEMPORARY SUSPENSION OF DELIVERY
The BOARD may suspend delivery of reclaimed water should the quality
ofthe reclaimed water exceed any of the parameters for water quality shown on Exhibit "B."
Nothing in this Agreement shall prevent BOYNTON BEACH from keeping a permitted backup
supply to replace this reclaimed water should it become unavailable for whatever reason.
7. OPERATION AND MAINTENANCE PRACTICES
BOYNTON BEACH will apply reclaimed water in accordance with all
appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to
those areas permissible by the Department of Environmental Protection and identified in Exhibit
"A" of the Agreement.
Reclaimed water irrigation systems shall protect human health and the
environment; which includes, but is not limited to, the following:
(a) BOYNTON BEACH shall install Reclaimed Water advisory signs
as appropriate. The signs shall be installed and properly maintained by BOYNTON BEACH
around sites utilizing reclaimed water to designate the nature of the water and its non-potability.
In compliance with applicable rules and the following items:
-5-
Property access points
Along road frontage
Along adjoining residential usage
For (Spanish) speaking employees - use sign in Spanish
For golf courses - sign at first and tenth tee
(b) BOYNTON BEACH will take reasonable precautions to clearly
identify reclaimed water irrigation systems to prevent inadvertent human consumption.
(c) BOYNTON BEACH shall ensure that no cross-connections are
made between the reclaimed water system and other water systems, which includes the
installation of back flow prevention devices on the potable water system; and on existing wells
that are to remain connected for either potable water usage or for irrigation system purposes. The
installation of back flow devices shall adhere to BOYNTON BEACH'S (use), as amended.
BOYNTON BEACH shall be responsible for ensuring the installation of the required backflow
preventing devices.
(d) BOYNTON BEACH shall take reasonable precautions to inform
its employees, agents, residents, and invitees of the reclaimed water system, to prevent
inadvertent human consumption.
In addition, if applicable, BOYNTON BEACH shall inform all
existing residents and new residents-regarding the proper use of reclaimed water.
(e) All costs for operating and maintaining BOYNTON BEACH'S
irrigation distribution system shall be paid by BOYNTON BEACH.
8. MONITORING
(a) BOYNTON BEACH shall give its approval to the BOARD to
conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable
-6-
to BOYNTON BEACH so as not to interfere with BOYNTON BEACH'S operations. These
monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its
option.
(b) The BOARD shall be responsible for all permits to install
monitoring wells and responsible for abandonment of the well should it no longer be necessary
for monitoring.
9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS
If for any reason during the term of this Agreement, governmental
agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any
change in the operation of the treatment, transmission and distribution systems or the application
and use of reclaimed water by BOYNTON BEACH, then to the extent that such requirements
shall affect the ability of any party to perform any of the terms of this Agreement, the affected
party shall be excused from performance thereof and this Agreement shall be amended by the
parties hereto in conformity with such permits, approvals, or requirements. If continued
performance of the Agreement is not possible, the Agreement shall be terminated.
10. TERMINA TION OF AGREEMENT
Either party shall have the right to terminate this Agreement upon sixty
(60) days written notice to the other party.
11. DISCLAlMER OR REPRESENTATION AND WARRANTIES
The BOARD does not represent or warrant that the reclaimed water
delivered shall increase the productivity ofthe land described in Exhibit "A" nor result in
changes of any kind to the land, crops or vegetation.
-7-
12. NOTICES
All notices required or authorized under this Agreement shall be given in
writing and shall be delivered by U.S. Mail or by hand delivery to the party or parties, addressed
as follows:
City of BOYNTON BEACH
Boynton Beach, FL 33444
With a copy to:
City Attorneys' Office
Boynton Beach, FL 33444
South Central Regional Wastewater
Treatment & Disposal Board
1801 North Congress Avenue
BOYNTON BEACH, FL 33445
With a copy to:
Robert W. Federspiel, P.A.
Spinner, Dittman, Federspiel & Dowling, LLP
151 N.W. First Avenue
BOYNTON BEACH, FL 33444
13. INSPECTION
The BOARD shall have the right when reasonably necessary to allow
BOARD employees or agents to enter upon the subject property to review and inspect
BOYNTON BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring
wells, potential cross connections, flowage, and the like, as they relate to this Agreement.
-8-
14. HOLD HARMLESS
To the extent permitted by law, BOYNTON BEACH shall hold the
BOARD, its agents, employees, assigns, contractors or subcontractors harmless for any damage
caused by the BOARD'S inability to deliver water to the delivery point or for damage which
occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined
in paragraph 3.
15. DISCLAIMER OF THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the parties hereto and no right
or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a
party hereto.
16. SEVERABILITY
If any part of this Agreement or any application thereof to any person or
circumstance is declared invalid for any reason, then such part, section, subsection, or other
portion, or the prescribed application thereof, shall be severable and the remaining provisions of
this Agreement, and all applications thereof not having been declared invalid, shall remain in
effect.
17. APPLICABLE LAW
This Agreement shall be construed according to the laws of Florida and
any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for
Palm Beach County.
18. EXHffiITS AND ADDENDUM
This Agreement incorporates the following exhibits and addendum which
-9-
are specifically made a part hereof.
Exhibit "A" - Legal Description of Property and Map of the
Property
Exhibit "B" - Reclaimed Water Quality Parameters
THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the
parties and has been entered into voluntarily and with independent advice and legal counsel and
has been executed by the authorized representative of each party on the date written below.
Modifications to and waivers of the provisions herein shall be made only in writing by the parties
hereto.
SIGNED AND SEALED this ~ day of A p r i 1
,200L.
SOUTH CENTRAL REGIONAL W ASTEW A TER
TREATMENT AND DISPOSAL BOARD
By:L C~ ~i<-<~
Printed Name: Muir C. Ferguson
Title: Ch a i rpe r s on
ATTEST:
~
~y\
By:
Printed Namt :
Title: ~~ Q....... ,:...I..e.-
Approved as to legal form and sufficiency:
4---> ~
Robe~. Feders~ .
-10-
ATTEST:
City Clerk
Approved as to legal form and sufficiency:
By:
Printed Name:
Title:
CITY OF BOYNTON BEACH
By:
Jerry Taylor, Mayor
-11-
INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE
OF RECLAIMED IRRIGATION WATER
THIS AGREEMENT entered into between SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD, with a mailing address of1801
North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the
CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of _
, Boynton Beach, Florida
, hereinafter called "BOYNTON
BEACH."
WIT N E SSE T H:
WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment
System which is capable of producing reclaimed water which may be used for productive and
beneficial purposes for agricultural and urban irrigation in accordance with local, state and
federal guidelines; and
WHEREAS, the BOARD is a Special District created by Interlocal Agreement between
BOYNTON BEACH and the City of Delray Beach for the purpose of treating wastewater
produced by the customers of BOYNTON BEACH and the City of Delray Beach, as well as
producing reclaimed water therefrom and distributing the same to BOYNTON BEACH and the
City of Delray Beach for redistribution to their customers; and
WHEREAS, BOARD agrees to deliver reclaimed water and BOYNTON BEACH agrees
to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement;
and
WHEREAS, local governments are encouraged to implement programs for the use of
reclaimed water by the State of Florida; and
WHEREAS, BOARD has determined to assist the citizens of the BOARD's regional area
who utilize large quantities of groundwater by making available reclaimed water as an alternative
source of water supply; and
WHEREAS, BOARD operates a reclaimed water program approved by the Department
of Environmental Protection.
NOW THEREFORE, based upon the foregoing, the parties agree to the following terms
and conditions:
I. TERM OF AGREEMENT, COSTS AND METERING
BOARD shall deliver and BOYNTON BEACH shall accept and use
reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central
Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shall be
. delivered to location(s), hereinafter the "delivery point," as described in Exhibit "A." BOARD
shall perform its obligations of delivery of reclaimed water and BOYNTON BEACH shall
perform its obligation of acceptance of such water as herein provided.
(a) This Agreement shall be effective until terminated by either party.
(b) The BOARD will make available to BOYNTON BEACH up to
fifty percent (50%) ofthe reclaimed water produced by the Regional Facility.
(c) BOYNTON BEACH will pay to the BOARD a monthly
consumption charge which will be adjusted annually effective October 1 of each year based upon
the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload
of the reuse system during the initial year of operation, BOYNTON BEACH, the BOARD and
the City of Delray Beach each will need to guarantee a minimum purchase per month.
-2-
Accordingly, BOYNTON BEACH agrees to pay a minimum of Eighteen Thousand Six Hundred
Dollars ($18,600.00) per month regardless of the consumption charge for the volume of
reclaimed water actually received being lower than minimum purchase during the first year of
this Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To
the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the
cost of producing same, BOYNTON BEACH agrees to pay to the BOARD fifty percent (50%) of
such deficit.
(d) BOYNTON BEACH acknowledges that the BOARD has other
large users of reclaimed water, which currently have contracts with the BOARD. The BOARD
will supply its reclaimed water customers based on their contract priority and their beneficial use
of the water should a shortfall of supply occur.
2. USE OF RECLAIMED WATER RESPONSIBILITY FOR IRRIGATION
SYSTEM
(a) BOYNTON BEACH shall use reclaimed water delivered by the
BOARD for irrigation or for other non-potable purposes in any matmer determined by
BOYNTON BEACH, except that use, application and discharge of reclaimed water shall comply
with local, state, and federal regulations.
(b) BOYNTON BEACH shall be solely responsible for the operation
and maintenance of all portions of the distribution and irrigation system located within the
subject property boundaries specified in Exhibit "A," attached herewith.
3. WATEROUALITY
BOARD agrees that reclaimed water delivered under this Agreement shall
-3-
meet or exceed the requirements of Chapter 62-610, Part ill, Florida Administrative Code and the
standards set forth in Exhibit "B."
4. VOLUME OF DELIVERY
The normal operating pressure range for the reclaimed water system is
between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a
minimum pressure of 60 psi at point of delivery. Should BOYNTON BEACH wish to alter the
reclaimed water operating delivery pressure, it shall be BOYNTON BEACH'S sole
responsibility to furnish and install a pressure reducing valve or booster pump on the property
side ofthe meter service. Reclaimed water shall be delivered by the BOARD to only one
delivery point as mutually determined by the BOARD and BOYNTON BEACH. BOYNTON
BEACH will be responsible for distribution on its property beyond said point. BOYNTON
BEACH hereby provides a license to the BOARD to enter on BOYNTON BEACH'S property
for the purposes of access to monitoring wells, if applicable for inspection, and to determine
compliance of the use of reclaimed water of the distribution system. The BOARD will, at its
expense, construct, operate, and maintain the transmission lines to the delivery point.
BOYNTON BEACH shall not request more reclaimed water than can be beneficially used by
BOYNTON BEACH.
5. DELIVERY OF RECLAIMED WATER UNDER ADVERSE
CONDITIONS
Unforeseen circumstances may necessitate modification of normal
delivery of reclaimed water. If BOARD'S system or BOYNTON BEACH'S transmission or
distribution system fails for reasons or events beyond either party's control; then, delivery of
-4-
reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD
and BOYNTON BEACH shall make all reasonable efforts to make prompt repairs to its
respective system. Each party shall be obligated to the other to provide immediate oral notice of
such failures so that alternate systems may be put into operation as soon as possible. Nothing in
this agreement shall require the interconnection of the South Central Regional Wastewater
Reclaimation Plant to provide additional flow to BOYNTON BEACH.
6. TEMPORARY SUSPENSION OF DELIVERY
The BOARD may suspend delivery of reclaimed water should the quality
of the reclaimed water exceed any of the parameters for water quality shown on Exhibit "B."
Nothing in this Agreement shall prevent BOYNTON BEACH from keeping a permitted backup
supply to replace this reclaimed water should it become unavailable for whatever reason.
7. OPERATION AND MAINTENANCE PRACTICES
BOYNTON BEACH will apply reclaimed water in accordance with all
appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to
those areas permissible by the Department of Environmental Protection and identified in Exhibit
"A" of the Agreement.
Reclaimed water irrigation systems shall protect human health and the
environment; which includes, but is not limited to, the following:
(a) BOYNTON BEACH shall install Reclaimed Water advisory signs
as appropriate. The signs shall be installed and properly maintained by BOYNTON BEACH
around sites utilizing reclaimed water to designate the nature of the water and its non-potability.
In compliance with applicable rules and the following items:
-5-
Property access points
Along road frontage
Along adjoining residential usage
For (Spanish) speaking employees - use sign in Spanish
For golf courses - sign at first and tenth tee
(b) BOYNTON BEACH will take reasonable precautions to clearly
identifY reclaimed water irrigation systems to prevent inadvertent human consumption.
(c) BOYNTON BEACH shall ensure that no cross-connections are
made between the reclaimed water system and other water systems, which includes the
installation of back flow prevention devices on the potable water system; and on existing wells
that are to remain connected for either potable water usage or for irrigation system purposes. The
installation of back flow devices shall adhere to BOYNTON BEACH'S (use), as amended.
BOYNTON BEACH shall be responsible for ensuring the installation of the required backflow
preventing devices.
(d) BOYNTON BEACH shall take reasonable precautions to inform
its employees, agents, residents, and invitees of the reclaimed water system, to prevent
inadvertent human consumption.
In addition, if applicable, BOYNTON BEACH shall inform an
existing residents and new residents regarding the proper use of reclaimed water.
(e) All costs for operating and maintaining BOYNTON BEACH'S
irrigation distribution system shall be paid by BOYNTON BEACH.
8. MONITORING
(a) BOYNTON BEACH shall give its approval to the BOARD to
conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable
-6-
to BOYNTON BEACH so as not to interfere with BOYNTON BEACH'S operations. These
monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its
option.
(b) The BOARD shall be responsible for all permits to install
monitoring wells and responsible for abandonment of the well should it no longer be necessary
for monitoring.
9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS
If for any reason during the term of this Agreement, governmental
agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any
change in the operation of the treatment, transmission and distribution systems or the application
and use of reclaimed water by BOYNTON BEACH, then to the extent that such requirements
shall affect the ability of any party to perform any of the terms of this Agreement, the affected
party shall be excused from performance thereof and tills Agreement shall be amended by the
parties hereto in conformity with such permits, approvals, or requirements. If continued
performance of the Agreement is not possible, the Agreement shaJrbe terminated.
10. TERMINATION OF AGREEMENT
Either party shall have the right to terminate tills Agreement upon sixty
(60) days written notice to the other party.
11. DISCLAIMER OR REPRESENTATION AND WARRANTIES
The BOARD does not represent or warrant that the reclaimed water
delivered shall increase the productivity of the land described in Exhibit "A" nor result in
changes of any kind to the land, crops or vegetation.
-7-
12. NOTICES
All notices required or authorized under this Agreement shall be given in
writing and shall be delivered by U.S. Mail or by hand delivery to the party or parties, addressed
as follows:
City of BOYNTON BEACH
Boynton Beach, FL 33444
With a copy to:
City Attorneys' Office
Boynton Beach, FL 33444
South Central Regional Wastewater
Treatment & Disposal Board
1801 North Congress Avenue
BOYNTON BEACH, FL 33445
With a copy to:
Robert W. Federspiel, P.A.
Spinner, Dittman, Federspiel & Dowling, LLP
151 N.W. First Avenue
BOYNTON BEACH, FL 33444
13. INSPECTION
The BOARD shall have the right when reasonably necessary to allow
BOARD employees or agents to enter upon the subject property to review and inspect
BOYNTON BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring
wells, potential cross connections, flowage, and the like, as they relate to this Agreement.
-8-
14. HOLD HARMLESS
To the extent permitted by law, BOYNTON BEACH shall hold the
BOARD, its agents, employees, assigns, contractors or subcontractors harmless for any damage
caused by the BOARD'S inability to deliver water to the delivery point or for damage which
occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined
in paragraph 3.
15. DISCLAIMER OF THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the parties hereto and no right
or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a
party hereto.
16. SEVERABllJTY
If any part of this Agreement or any application thereof to any person or
circumstance is declared invalid for any reason, then such part, section, subsection, or other
portion, or the prescribed application thereof, shall be severable and the remaining provisions of
this Agreement, and all applications thereof not having been declared invalid, shall remain in
effect.
17. APPLICABLE LAW
This Agreement shall be construed according to the laws of Florida and
any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for
Palm Beach County.
18. EXHIBITS AND ADDENDUM
This Agreement incorporates the following exhibits and addendum which
-9-
are specifically made a part hereof.
Exhibit "A" - Legal Description of Property and Map of the
Property
Exhibit "B" - Reclaimed Water Quality Parameters
THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the
parties and has been entered into voluntc,rrily and with independent advice and legal counsel and
has been executed by the authorized representative of each party on the date written below.
Modifications to and waivers ofthe provisions herein shall be made only in writing by the parties
hereto.
SIGNED AND SEALED this ~ day of A p r i 1
,2002-.
SOUTH CENTRAL REGIONAL W ASTEW A TER
TREA TMENT AND DISPOSAL BOARD
BY:~ C-~r<--
Printed Name: MlIlr r Fprgllc:nn
Title: Ch a i rpe r s on
ATTEST:
~te~!,(
'"'
Title: ~~c~hv.. t>\.f";G.6,,..
-.
Approved as to legal form and sufficiency:
ROb~~1
-10-
ATTEST:
City Clerk
Approved as to legal form and sufficiency:
By:
Printed Name:
Title:
CITY OF BOYNTON BEACH
By:
Jerry Taylor, Mayor
-11-
ROb-DB7
-#:4
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTHCENTRALREGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Delray
Dunes Golf and Country Club, concerning delivery and acceptance of reclaimed water dated the 18th
day of January, 1996, a copy of which is attached hereto and hereinafter referred to as the
"Reclaimed Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
2. ,BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written_
SOUTH CENTRAL REGIONAL WASTEWATER
T ENT AND DISPOSAL BOARD
~
APPROVED AS TO FORM
~L}
BOPd AttorneY
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
ROb -087 -#:-4
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH~
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Delray
Dunes Golf and Country Club, concerning delivery and acceptance of reclaimed water dated the 18th
day of January, 1996, a copy of which is attached hereto and hereinafter referred to as the
"Reclaimed Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agre-e as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
2., BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL W ASTEW A TER
A TMENT AND DISPOSAL BOARD
e~
~
Muir
/'
APPROVED AS T910RM
rl~1
BO'd Attorney
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
l\D5-081
~4
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with The
Country Club of Florida, concerning delivery and acceptance of reclaimed water dated the 18th day
of January, 1996, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed
Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one paT!y to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
2. BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL W ASTEW A TER
/7TREA TMENT AND DISPOSAL BOARD
------
By: t-7 F,
/ Printed Name: Ml1 ; r
APPROVED AS TO FORM
B~tto;n;/f
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
p.p5-()~ 7 .
~4
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with The
Country Club of Florida, concerning delivery and acceptance of reclaimed water dated the 18th day
of January, 1996, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed
Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the pt day of October, 2005.
2., BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL WASTEWATER
TREA TlYIENT AND DISPOSAL BOARD
) ~
)By: .t- ~
Printed Name: Mu 1 r C.
Chainnan
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
Pt:>5 - DB 7 :7 ~ t.l
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Hunters
Run Golf& Racquet Club, concerning delivery and acceptance of reclaimed water dated the 17th day
ofJanuary, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed
Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1 st day of October, 2005.
2., BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL WASTEWATER
NT AND DISPOSAL BOARD
.~ E. ~^^~
Printed Name: Mil i r r. _ F ~ r 811 ~ n n
Chairman
APPROVED AS TO FORM
Bolornd
A TTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
K05-0B7 _4Fy
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTHCENTRALREGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Hunters
Run Golf & Racquet Club, concerning delivery and acceptance of reclaimed water dated the 17th day
of January, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed
Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective theIst day of October, 2005.
2.,BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL WASTEWATER
MENT AND DISPOSAL BOARD
'l
-r-yJ
APPROVED AS TO FO)1M
'I-, /7
Boaf(J~ttorney -
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
',.
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
AND HUNTERS RUN GOLF & RACQUET CLUB
CONCERNING DELIVERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS AGREEMENT is made and entered into on this dc~ \1
day of ~, by and between South Central
Regional Wastewater TreatmeA~~And Disposal Board, a municipal
corporation created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Hunters Run Golf & Racquet
Club, (hereinafter RECIPIENT).
Accordingly, for and in consideration
contained herein, mutual understandings
contained herein, and other consideration,
sufficiency of which is hereby acknowledged
the parties covenant and agree as follows:
of the recitals
and agreements
the receipt and
by the parties,
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
1.1 The parties hereto represent td one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach (the "Cities"), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest, as it recaptures an otherwise wasted
and unused water resource. The BOARD owns and operates
wastewater facilities which it proposes to upgrade to produce
Reclaimed Water suitable for irrigation o-f areas, such as
golf courses, parks, school grounds and cemeteries, and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1.3 In a norma l- year, RECIPIENTS will irrigate
appr~ximately 240 days and most of RECIPIENT'S daily
requirements will be needed during approximately 12 hours
commenc ing about sundown. BOARD agrees to use its best
efforts to supply Reclaimed Water on demand to RECIPIENT up to
the volwne and at the charge set forth in this Agreement.
RECIPIENT has valuable golf courses that require access to
such Reclaimed Water and has expended substantial money and
effort and has fo~egone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance upon the RECIPIENT entering
into this Agreement.
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1.4 The RECIPIENT owns and controls land which is
described in Exhibit "An (the "Property"), attached and made
a part hereof by reference.
1.5 RECIPIENT agrees to: (a) irrigate the Property using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of delivery; and (c) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water accepted from the BOARD and as required to meet any
federal, state, or local requirements, (d) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept the Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property. The
BOARD shall be deemed to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of Delivery. After such delivery, the
RECIPIENT shall be deemed to be in possession and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State
and governmental permits issued to it and necessary to allow
it to receive and utilize the Reclaimed Water pursuant to the
terms of this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or
encumber the Property in areas irrigated with the Reclaimed
Water shall not be restricted by this Agreement. This
Agreement shall run with the land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subsequent party in interest
to such golf course or courses shall be -obligated to receive
and pay for Reclaimed Water under the same terms and
conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The design and construction of the metering
facility shall be the responsibility of the BOARD and must be
mutuaily approved in advance in writing by BOARD and
RECIPIENT. The meter will be utilized to measure the amount of
R~claimed Water delivered by the BOARD to RECIPIENT and the
BOARD shall operate, maintain, cause to be calibrated, and
repair said meter.
1.10 CONSTRUCTION. Upon completion of the engineering
design of the metering facility, and the acceptance of same by
both parties, the metering facility will be constructed by the
BOARD and placed into service.
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1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the valves immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appurtenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon
reasonable advance notice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once. per year and repaired if required. Any errors in meter
reading and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall be
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD.
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated December 26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and all
provisions thereof have been contractually approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been obtained, such
approval will be obtained and certified to RECIPIENT before
this Agreement shall become effective.
SECTIQN 2. Definitions. The parties agree that in construing
this Agreement, the following words, phrases and terms shall
have the following meanings, unless the context requires
otherwise:
2.1 "Agreement" means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP" means the Florida Department of Environmental
Protect~on, and its s~ccessors.
2.3 "Fiscal Year" means October 1 to September 30 of the
following year.
2.4 "GPD" means gallons per day.
2.5 "Irrigation system" means those pump stations lines,
pipes, sprinkler heads, ponds and lakes, storage facilities,
if applicable, and pertinent equipment that are located on
RECIPIENT's property and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
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REUSE/HUNTERSRUH/OELlVERZ.AGR
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all applicable governmental regulations and in accordance with
the terms and provisions of this Agreement.
2.6 "MGDU means million gallons per day.
2.7 "Point of delivery" means the point at
which divides the BOARD's wastewater facilities
RECIPIENT's irrigation system, or as otherwise
engineering drawings approved by both parties.
the meter
from the
noted on
2. B uReclaimed Wateru means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
2.9 uReclaimed Water Disposal Facilities" means those
facilities necessary for the storage, if applicable,
transportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These facilities include, but are not limited
to, any Reclaimed Water transmission facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilitiesu means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may
be designed, permitted and constructed on the Property, if
applicable, or upon the BOARD's property, if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the
wastewater treatment facility for treatment.
2.13 "Wastewater Facilitiesu means the BOARD's plant
located at 1801 North Congress Avenue, Delray Beach, Florida,
and Reclaimed Water transmission facilities, including all
interceptors, lines, pipes, meters, couplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water.
SECTION 3. Grant of Licenso and Easement. ReCIPIENT hereby
grants to BOARD an easement over the Property, including a1S
foot. utility easement to be mutually agreed upon and located
in the approximate location depicted on Exhibit "e" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and the right to transmit, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if applicable, on the Property in accordance
with and subject to the following conditions:
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3.1 Desiqn and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
permit, install and operate, at its sole expense, any storage
facili ty, if applicable, and the irrigation system on the
Property up to the point of delivery.
3. 2 Permits and Approval for the Irriqation Svstem.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation
system: provided, however, that Board shall be responsible
for obtaining and maintaining all permits for Reclaimed Water
disposal facilities. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providing and complying
with all monitoring, sampling, testing, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, permit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 A. Delivery of Reclaimed Water. BOARD agrees to use
. its best efforts to make available, and deliver in the volume
and at the times requested, an annual volume of Reclaimed
Water of at least 182.5 million gallons per year (MGY) , with
maximum volume anyone day up to but not to exceed 500,000
gallons per day (GPO), at a rate of 1,042 gallons per minute
(GPM) , for use on the Property and, at its cost, to connect
the BOARD's Reclaimed Water transmission facilities to
RECIPIENT's irrigation system at the point (s) of delivery
agreed upon and as shown in Exhibit "C". Both RECIPIENT and
BOARD recognize that water supply and demand will vary
depending on a number of factors, primarily climatic
conditions.
B. Storaqe. The RECIPIENT shall maintain, in
compliance with all applicable laws and regulations, the
nec~ssary storage facilities on their property at their sole
expense.
3.4 Quali tv of Reclaimed Wat~r. BOARD shall make
available to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 17-610, Florida Administrative Code, or
its successor Code provisions, or of a quality consistent with
more stringent requirements that may be imposed by any
governmental agency having jurisdiction and legal authority.
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REUSE/HUNTERSRUN/DELIVER2.AGR
5
In recognition of the need to supply Reclaimed Water, the
BOARD shall also be required to comply with effluent
limitations set forth in Exhibit "D". All Reclaimed Water
made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to
remove harmful levels of bacteria, viruses, and other
constituents or pollutants which could constitute a danger to
human health, and in accordance with all applicable f~deral,
state and local laws, rules, regulations, policies,
ordinances, resol utions , orders and permits and the
requirements of Exhibit "0". BOARD shall provide continuous
monitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and
monitoring of Reclaimed Water as required by local, state and
federal regulations and by Exhibit.. D" _ BOARD agrees to
divert away as expeditiously as possible, from the irrigation
system, any Reclaimed Water which does not comply with the
terms and conditions of this Agreement or which does not meet
the applicable state, federal or local laws and regulations
and to promptly and fully notify RECIPIENT of such action.
Copies of all test results shall be available to RECIPIENT
upon request.
3.5 Minimum Purchase of Reclaimed Water by RECIPIENT.
Upon completion of construction of the wastewater facilities
and continuing for so long as BOARD complies with the
requirements set forth in this Agreement, RECIPIENr has an
obligation to pay for at least 182.5 million gallons annually
of Reclaimed Water for spray irrigation on the Property,
subject to conditions as set forth in Section 3.3 of this
Agreement. Notwithstanding anything to the contrary,
Recipient shall not be obligated to accept delivery of or pay
for Reclaimed Water which does not comply with the terms
and conditions of this agreement. Such exception to
RECIPIENT'S obligation to accept delivery of such Reclaimed
Water by reason of the Board's failure. to meet the water
quality standards required in this Agreement shall relieve
RECIPIENT of its obligation to pay BOARD. for the minimum
annual volume set forth above at the rates determined pursuant
to Paragraph 5 below only to the extent that the BOARD shall
not have made available to RECIPIENT such annual minimum
volu~epf Reclaimed Water meeting the requirements of this
Agreement through the completion of the then current fiscal
year. Recipient shall not transfer the water provided by
Board to any third party or off of the Recipient's property
which is the subject of this agreement.
3.6 ~CIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the
point(s) of delivery.
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOARD's
Reclaimed Water supply.
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REUSEJ /fUNTERSRUN/DELlVER2. AGR
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3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
time.
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for~period of twenty .(20) years commencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall be automatically extended for
successive periods of ten (10) years each, upon the same terms
and conditions as herein provided, unless either party hereto
notifies the other by certified mail at least three years
prior to the expiration of the initial term of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended.
4.2 Payment of Fees. In return for and in consideration
of BOARD's construction of facilities and delivery of
Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time
connection fee of $4,300.00 and a volume charge of 20c for
each 1,000 gallons of Reclaimed Water used, (the "Volume
Charge") but on an annual basis not less than the above rate
times the minimum quantity RECIPIENT has agreed to purchase
under Section 3.5 together with a storage charge equal to 8c,
(the "Storage Charge") for each 1,000 gallons of Reclaimed
Water the Volume Charge for which is paid for by RECIPIENT, as
provided above. Such storage charge shall remain constant and
shall not be adjusted, during the term of this Agreement or
any extension. Payment of the connection fee shall be in one
lump sum no later than the commencement of construction of the
modification to the BOARD's wastewater. facilities for the
treatment and production of Reclaimed Water. The Volume
Charge shall remain constant until the expiration of the
third (3rd) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the
time BOARD commences or makes available delivery of Reclaimed
Water and the end of the first fiscal year, such first year
shall nqt count as the first fiscal year), after which the
price will be redetermined as provided in Section 5. The
BOARD shall render billings to RECIPIENT for both the volume
charge and storage charge on a monthly basis for such
applicable charges on the basis of the greater of the actual
Reclaimed Water delivered or the volume charge and storage
charge for 1/12th of the minimum guaranteed annual volume
agreed to be accepted by RECIPIENT pursuant to Section 3.5
above; provided that RECIPIENT shall pay no more, on a fiscal
year basis, than (i) such minimum annual guaranteed volume
charge or (ii)charges for Reclaimed Water actually accepted
during the fiscal year, whichever is more.
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R[USE/HillITERSRUN/DELlVER2.AGR
7
4.3 In the event the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action or inaction on the part of the RECIPIENT,
the RECIPIENT shall be entitled to a credit for such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Fu~ure Adjus~men~ of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid upward or downward based on the
year-to-year change in the actual operating costs of
producing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, such Volume Charge shall never be less than 20<.': per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 20<.': per
thousand gallons. The first such adjustment shall occur
effective the first day of the fourth fiscal year following
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect the relative increase or decrease in actual
operating costs incurred by the BOARD during the second
fiscal year of delivery of Reclaimed Water to RECIPIENT as
compared to the third fiscal year and for each subsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge. Actual operating costs ("Actual Operating Costs")
shall be determined in conformity with generally accepted
accounting pr~nciples consistently applied, except the
depreciation of plant and equipment and any other provision
for capital recovery, including interest on long term debt,
shall not be included as operating costs, as such costs are
properly allocable to wastewater customers. Any increase or
decrease in the Volume Charge shall be determined as soon as
reasonably practicable and shall be effective retroactive to
the scheduled date of adjustment and a sum due to the BOARD
as a result of the retroactive effect of such adjustment or
the cre9it due the RECIPIENT, if applicable, shall be
reflected in the next billings regularly submitted by BOARD to
RECIPIENT as provided in Subparagraph 5.4.
5.1 BOARD personnel shall establish, or cause to be
established, and maintain an accounting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of operating costs on other than an actually
incurred basis. By way of example, the parties agree that all
operating and maintenance costs of labor, chemicals and power,
permits, regulatory requirements, legal, engineering,
administration, testing, meter calibration and contract
8-6-96
REUSE/RUHTEPSRUN/DELlVER2.AGR
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services may be allocated based on appropriate data or
studies. Such current operating costs shall be recorded on a
consistent ba~is from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost
per thousand gallons of Reclaimed Water delivered beginning
with the second fiscal year after the plant starts to deliver
Reclaimed Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
1998 to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year October 1, 1997
through September 30, 199B was 21C. Further, assume that the
Actual Operating Cost of producing and delivering Reclaimed
Water to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October 1, 1997, through September 30,
1999) increased from 21<: per thousand gallons to 23c per
thousand gallons. The index for increase would be calculated
by dividing the base cost of 21<: per thousand gallons into the
2c increase in cost, resulting in an increase of 9.52% to the
previous years' Volume Charge of 20<: per thousand gallons for
the fourth fiscal year, equal to 21.90<: per thousand gallons
(2 7 21c = .0952, then 20<: x 1.0952 = 21.90C).
5.3 As soon as reasonably practical, after each fiscal
year for which the cont:j:'act price is subject to adjustment ,
the BOARD shall prepare a statement Showing in reasonable .
detail the actual operating costs to produce Reclaimed Water
from efflu~nt for the latest two fiscal years. For each such
year, the statement shall also show (1) the number of gallons
in thousands of Reclaimed Water delivered to Reclaimed Water
users, (2) the cost per thousand gallons of Reclaimed Water
calculated by dividing such operating costs by such gallons,
( 3 ) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to the later year, and
(4) the calculation of the adjusted price for the later year.
This statement shall be deemed to be the responsibility of the
BOARD, and the BOARD's Executive Director shall attest in
writing to the propriety of the costs and calculations shown
thereon.
5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT the supplemental statement
set' forth in the preceding paragraph, together with the
attestation thereto by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credit showing (l)the amount paid by the RECIPIENT for
Reclaimed Water delivered in the current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the current
fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
be either paid promptly by the RECIPIENT, or shown as a credit
in the next billing to the RECIPIENT.
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REUSE/HmITERSRUN/DELlVERZ:AGR
9
5.5 For billing purposes only prior to the determination
of actual costs for adjusting the Volume Charge, during each
year subject to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for the current year in the price adjustment calculation
set forth above.
5.6 . RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
5.7 Notwithstanding the above provisions, the price paid
by the RECIPIENT for Reclaimed Water shall be adjusted
downward in the event the BOARD offers Reclaimed Water to any
other non-governmental customer(s) upon substantially similar
terms and conditions for the same use of the Reclaimed Water
at a lower charge than RECIPIENT is or will be paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided to the BOARD for encouraging wastewater reuse and
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water facility, as opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed, to its Reclaimed
Water facility operating costs.
SECTION 6. Inspection. BOARD shall have the right to enter
RECIPIENT's property, upon proper identification and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation, safety,
protection, or preservation thereof, to determine compliance
with any law, order or regulation of any governmental
authority having jurisdiction, and for sampling at any
monitoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
any, reasonable time, for the purpose of determining whether
the BOARD is in compliance with this Agreement.
SECTION 7. Assignments. This Agreement can be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
assignee shall assume this Agreement and shall demonstrate to
BOARD its financial ability to comply with the provisions
hereof.
SECTION 8. Notices; Proper Form. Any notice required or
allowed to be delivered hereunder shall be in writing and
8.6-96
REU5E/ffin'TERSRUN/DELlVERZ.AGR
10
shall be deemed to be delivered when (1) hand delivered to the
official hereinafter: designated, (2) upon receipt of such
notice when deposi tea in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to a party at the address set forth opposite the party' name
below or at such other address as the party shall have
" . .
specified by written rotice to the other party dellvered ln
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach, FL 33445
RECIPIENT:
HUNTERS RUN GOLF & RACQUET CLUB
CIO Club Manager
3500 Clubhouse Lane
Boynton Beach, FL 33436
COPY TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Del~ay Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
COPY TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall
give the other party wriitten notice of any defaults hereunder
and shall allow the def,aul ting party 30 days from the date of
receipt to cure such defaults, except failure to deliver water
on demand. :
,
, I
~ I
SECTION 10. Default by ~ither Party. If any party hereto fails
to perform or comply, with any of the conditions of this
Agreement, and if the[ nonperformance shall continue for a
period of thirty (30) d~ys after the written notice thereof to
the non-performing paJtty, or if the performance cannot be
reasonably completed within the 3D-day period, or if the non-
performing party does *ot in good faith commence performance
within the 3D-day peripd and does not diligently proceed to
complete performance, ,the non-performing party shall be in
default or breach of this Agreement.
8-6-96
REUSE/HUHTERSRmI/DELlVER2.AGR
11
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit granted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shall indemnify the BOARD, its officers, governing board,
employees and agents.against all claims, demands, causes of
actions, suits, judgments, fines, penalties, or losses,
including all costs suffered or incurred by the BOARD by
reason of such failure. In the event the BOARD shall fail to
comply with any rule, regulation, order of any Federal, State
or County or local agency, or fail to deliver water meeting
the quality standards provided by this Agreement, then the
BOARD shall, to the extent allowed by law, indemnify the
RECIPIENT, its officers, board of directors, employees and
agents against all claims, demands, causes of actions, suits,
judgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall
be in default hereunder as set forth in Section 10, then the
other party shall have the following remedy: bring suit for
the breach which has occurred without affecting the
obligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Palm Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action
among them involving this Agreement or the alleged breach
thereof~
SECTION 13. Disclaimers of Third Party Beneficiaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action shall accrue upon or by
reason hereof or to or from or for the benefit of any third
party ~ot a formal party hereto.
SECTION 14. Severability. If any part of this Agreement is
fo~nd invalid or unenforceable by any court, such invalidity
orunenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and ~he provisions
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire AgreemenE between the parties hereto with respect to
this transaction and supersedes all prior negotiations and all
prior written or oral understandings.
8-6- ~6
kEUSE/HUHTERSRUN/DELIVERZ.AGR
12
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed
by all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually
agreeable memorandum thereof will be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the
other party, in writing, as to the status of its construction
document preparation and construction of associated
improvements on a monthly basis to ensure that both parties'
activities are progressing with reasonable diligence.
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November 1, 1997, subject to matters beyond the reasonable
control of either party. Notwithstanding any provision of
this Agreement to the contrary, the RECIPIENT shall have the
absolute obligation to commence payments for the reclaimed
water upon the completion of construction as provided for in
Section 3.5 above.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
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By: ,/ .R ,,_,-,,11 L-.;.
Chairman
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BOard Attorne~'
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HUNTRS RUN GOLF & RACQU&~ CLUB
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REUSE/HUNTERSRUH/DELIVER2.AGR
13
APPROVED BY:
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Cit~~6f D~~tay B~ach, Mayor
~~ROVED/BY: //
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, '," n ~- y C<-"1 / _ /
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City of BoYnton tE(each, Mayor
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8-6-96
REUSB/HUNTBRSRUK/DELJVBR2.AGR
14
EXHIBIT "A"
HUNTERS RUN GOLF & RACQUET CLUB located in Section
5, Township 46 South, Range 43 East, as recorded in
Plat Book 36 of the Public Records of Palm Beach
County, Florida.
8-6-96
REUSElHUHTERSRUH/DELlVERZ.AGR
15
EXlIIDITD
OPERA TINe RESnucrs
Reei p; enl shal I m ai nrain eom plianee with the following opera tin g restri ctioos for protecti n g
human health, welfare and safety, and the environmenl
'f;\.
I . The pub J ic shall be noW, ed of the use of reclaimed Waler by pomn g advisory s; gos, not es
on score cards or other methods in accordance with Chapler 17-610.468 FAC.
2. Dirw connections bctween the reelaimed water system and irrigation water system shall
not be allowed without the use of appropriate backilow prevention devices.
3. No cross-coMcctioD to potable \\'dter systems shall be allowed.
4. All reclaimed water valves and onuets sball be appropriately eolor coded and labeled ;n
accordance with Chapter h-6J0.470 FAC to Warn public and employees that the water
is not inte~ded for' drinking. .
5. - Setback dis"mees to potable water sopply wells and -the use of low traj CClory nom es shaJl
be in aCCDrdance with Chapter 17-610.47] F AC.
6. The use of reclaimed water shall be consistent with all applieabie federal, Slate, and local
Jaws and regulations_
^-'\Jn~JT.B
Exhibit B
January 1995
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EXHIBIT D
Enclosure '/l
Board shall monitor the reclaimed water for Ule following parameters and agrees to divert reclaimed
waler v.-hich exceeds the specified limits.
.
PaJdmeler Sampling Frcquc:ncy Limitll)
T urbidiry Continuous 2 NTU
Chlorine Residual Continuous (minimum)
Chioridc: Continuous 350
CBODG'1 Daily 20
TS S () I Daily 5
pH Hourly 6 to 7.5 units[51
7.& units(61
Aluminum Annual 1.0
Arsenic Annual 0.10
Beryllium Annual 0.10
Boron Annual 0.50
Cadmium Annual O.OJ
Chromium Annual 0.1
Cobalt Annual 0.05
Copper Annual 0.1
Fluoride Annual 1.0
1ron Annual 5_0
Lead Annual 5.0
Lithium Annual 2_5
Manganese Ann ual 0.2
Molybdenium Annual 0.005
Ni~kel Annual 0_02
Selenium Annual 0.02
Vanadium Annual 0.10
Zinc Annual 2.0
Bicarbonate (as CaCO-) Annual 110
} .).
Calcium Annual (4)
Magnesium Annual (4)
Sodium Annual (4)
Sodium Adsormion Ratio Annual 6 units
(1) Maximum concentration eXPreSsed inmgIL unless noted.
(2) Carbona::.eous Biochemical Oxygen Demand (CBOD).
(31 Total Suspended Solids (TSS).
(.(j
Infonnation used in calculation of Sodium Adsorption Ratio (SAR).
(5) Dail" 3\'c:ral!c
(6) 2-Hour du';tion
W:'.'~'~\EXHlBn.o
Exhibit D
January 1995
P're I or I
ASSIGNMENT AGREEMENT
R05-D8i
*~
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Pine Tree
Golf Club, concerning delivery and acceptance of reclaimed water dated the 17th day of January,
1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water
Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
I. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
,2. BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created underthe said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL WASTEWATER
TRE TMENT AND DISP AL BOARD
"
t<
Mu i r C.
APPROVED AS TO FORM
BO.J;;Jey/{
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
AND PINE TREE GOLF CLUB CONCERNING DELIVERY
AND ACCEPTANCE OF RECLAIMED WATER
THIS AGREEMENT is made and entered into on this \ '7 day
of c.JQO. m, by and between South Central
Regional Wastewater TreatmJtit and Disposal Board, a municipal
corporation created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Pine Tree Golf Club
(hereinafter RECIPIENT).
Accordingly, for and in consideration
contained herein, mutual understandings
contained herein, and other consideration,
sufficiency of which is hereby acknowledged
the parties Covenant and agree as follows:
of the recitals
and agreements
the receipt and
by the parties,
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
1.1 The parties hereto represent to one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach (the "Cities"), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest, as it recaptures an otherwise wasted
and unused water resource. The BOARD owns and operat,es
wastewater facilities which it proposes to upgrade to produce
Reclaimed Water suitable for irrigation of areas, such as
golf courses, parks, school' grounds and cemeteries, and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1.3 In a normal year, RECIPIENTS will irrigate
approximately 240 days and most of RECIPIENT'S daily
requirements will be needed during approximately 12 hours
commencing about sundown. BOARD agrees to use its best
efforts ,to supply Reclaimed Water on demand to RECIPIENT up to
the volume and at the charge set forth in this Agreement.
RECIPIENT has valuable golf courses that require access to
such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance upon the RECIPIENT entering
into this Agreement.
7-23-96
REUSE\DELlVER2.AGR
1
1.4 The RECIPIENT owns and controls land which is
described in Exhibit "An (the "Property"), attached and made
a part 'hereof by reference.
1.5 RECIPIENT agrees to: (a) irrigate the Property using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of delivery; and (c) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water accepted from the BOARD and as required to meet any
federal, state, or local requirements, Cd) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept the Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property. The
BOARD shall be deemed to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of Delivery. After such delivery, the
RECIPIENT shall be deemed to be in possession and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State
and governmental permits issued to it and necessary to allow
it to receive and utilize the Reclaimed Water pursuant to the
terms of this Agreement.
1. B The right of the RECIPIENT to sell, transfer or
encumber the Property in areas irrigated with the Reclaimed
Water shall not be restricted by this Agreement. This
Agreement shall run with the land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subsequent party in interest
to such golf course or courses shall be obligated to receive
and pay for Reclaimed Water under the same terms and
conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The design and construction of the metering
facility shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and
RECIPIENT. The meter will be utilized to measure the amount of
Reclaimed Water delivered by the BOARD to RECIPIENT and the
BoARD shall operate, maintain, cause to be calibrated, and
repair s aid meter..
1.10 CONSTRUCTION. Upon completion of the engineering
design of the metering facility, and the acceptance of same by
both parties, the metering facility will be constructed by the
BOARD and placed into service.
7-23-96
REUSE\DELlVERZ_AGR
2
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the valves immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appurtenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon
reasonable advance notice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once per year and repaired if required. Any errors in meter
reading and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall Qe
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD. .
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated December 26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and all
provisions thereof have been contractually approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been obtained, such
approval will be obtained and certified to RECIPIENT before
this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing
this Agreement, the following words, phrases and terms shall
have the following meanings, unless the context requires
otherwise:
2.1 "Agreement" means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP" means the Florida Department of Environmental
Protection, and its successors.
2.3 "Fiscal Year" means October 1 to September 30 of the
following year.
2.4 "GPD" means gallons per day.
2.5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds and lakes, storage facilities,
if applicable, and pertinent equipment that are located on
RECIPIENT's property and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
7-23-96
REUSE\DELlVER2.AGR
3
all applicable governmental regulations and in accordance with
the terms and provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Peint of delivery" means the point at
which divides the BOARD's wastewater facilities
RECIPIENT's irrigation system, or as otherwise
engineering drawings approved by both parties.
2.8 "Reclaimed Water" means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
the meter
from the
noted on
2.9 "Reclaimed Water Disposal Facilities" means those
facilities necessary for the storage, if applicable,'
transportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These facilities include, but are not limited
to, any Reclaimed Water transmission facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may
be designed, permitted and constructed on the Property, if
.applicable, or upon the BOARD's property, if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the
wastewater treatment facility for treatment.
2.13 "Wastewater Facilities" means the BOARD's plant
located at 1801 North Congress Avenue, Delray Beach, Florida,
and Reclaimed Water transmission facilities, including all
interceptors, lines, pipes, meters, couplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water.
SECTION 3. Grant of License and Easement. RECIPIENT hereby
grants to BOARD an easement over the Property, including a 15
foot utility easement to be mutually agreed upon and located
in the approximate location depicted on Exhibit "C" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and' the right to transmit, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if applicable, on the Property in accordance
with and subject to the following conditions:
7-23-96
REUSE\DELIVER2.AGR
4
3.1 Desion and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate bmprovements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
permit, install and operate, at its sole expense, any storage
facility, if applicable, and the irrigation system on the
Property up to the point of delivery.
3.2 Permits and Approval for the Irrioation System.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation
system: provided, however, that Board shall be responsible
for,obtaining and maintaining all. permits for Reclaimed Water
disposal facilities. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providi~g and complying
with all monitoring, sampling, testing, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, permit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 A. Delivery of Reclaimed Water. BOARD agrees to use
its best efforts to make available and deliver in the volume
and at the times requested, an annual volume of Reclaimed
Water of at least 86 million gallons (MGY), with maximum
volume anyone day up to but not to exceed 800,000 gallons per
day (GPD), at a rate of 1,750 gallons per minute (GPM), for
use on the Property and, at its cost, to connect the BOARD's
Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and
as shown in Exhibit "C". Both RECIPIENT and BOARD recognize
that water supply and demand will vary depending on a number
of factors, primarily climatic conditions.
B. Storacie. The RECIPIENT shall maintain, in
compliance with all applicable laws and regulations, the
necessary storage facilities on their property at their sole
expense.
.;,
3.4 Quality of Reclaimed Water. BOARD shall make
available to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 17-610, Florida Administrative Code, or
its successor Code provisions, or of a quality consistent with
more stringent requirements that may be imposed by any
governmental agency having jurisdiction and legal authority.
In recognition of the need to supply Reclaimed Water, the
7-23-96
REUSE\DELlVERZ.AGR
5
BOARD shall also be required to comply with effluent
limitations set forth in Exhibit liD". All Reclaimed Water
made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to
remove harmful levels of bacteria, viruses, and other
constituents or pollutants which could constitute a danger to
human health, and in accordance with all applicable federal,
state and local laws, rules, regulations, policies,
ordinances, resolutions, orders and permi ts and the
requirements of Exhibit liD". BOARD shall provide continuous
monitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and
monitoring of Reclaimed Water as required by local, state and
federal regulations and by Exhibit "D". BOARD agrees to
divert away as expeditiously as possible, from the irrigation
system, any Reclaimed Water which does not comply with the
terms and conditions of this Agreement or which does not meet
the applicable state, federal or local laws and regulations
and to promptly and fully notify RECIPIENT of such action.
Copies of all test results shall be available to RECIPIENT
upon request.
3.5 Minimum Purchase of Reclaimed Water by RECIPIENT.
Upon completion of the construction of the wastewater
facilities and continuing for so long as BOARD complies with
the requirements set forth in this Agreement, RECIPIENT has an
obligation to pay for at least 86 million gallons annually of
Reclaimed Water for spray irrigation on the Property, subject
to conditions as set forth in Section 3.3 of this Agreement.
Notwithstanding anything to the contrary, Recipient shall not
. be obligated to accept delivery of or pay for Reclaimed Water
which does not comply with the terms and conditions of this
agreement. Such exception to RECIPIENT'S obligation to accept
delivery of such Reclaimed Water by reason of the Board's
failure to meet the water quality standards required in this
Agreement shall relieve RECIPIENT of its obligation to pay
BOARD for the minimum annual volume set forth above at the
rates determined pursuant to Paragraph 5 below only to the
extent that the BOARD shall not have made available to
RECIPIENT such annu.al minimum volume of Reclaimed Water
mee~ing the requirements of this Agreement through the
completion of the then current fiscal year. Recipient shall
not transfer the water provided by Board to any third party or
o~f of the Recipient's property which is the subject of this
agreement.
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the
point(s) of delivery.
7-23-96
REUSE\DELlVER2.AGR
6
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOARD's
Reclaimed Water supply.
3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
time.
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for a period of twenty (20) years commencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall be automatically extended for
successive periods of ten (10) years each, upon the same terms
and conditions as herein provided, unless either party hereto
notifies the other by certified mail at least three years
prior to the expiration of the initial term of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended.
4.2 PaYment of Fees. In return for and in consideration
of BOARD's construction of facilities and delivery of
Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time
connection fee of $5,100.00 and a volume charge of 20c for
each 1,000 gallons of Reclaimed Water used, (the "Volume
Charge") but on an annual basis not less than the above rate
times the minimum quantity RECIPIENT has agreed to purchase
under Section 3.5 together with a storage charge equal to 8e,
(the "Storage Charge") for each 1,000 gallons of Reclaimed
Water the Volume Charge for which is paid for by RECIPIENT, as
provided above. SU9h storage charge shall remain constant and
shall not be adjusted, during the term of this Agreement or
any extension. Payment of the connection fee shall be in one
lump sum no later than the commencement of construction of the
modification to the BOARD's wastewater facilities for the
treatment and production of Reclaimed Water. The Volume
Charge shall remain constant until the expiration of the
third (3) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the
time BOARD commences or makes available delivery of Reclaimed
Water and the end of, the first fiscal year, such first year
shall not count as the first fiscal year), after which the
price will be redetennined as provided in Section 5. The
BOARD shall render billings to RECIPIENT for both the volume
charge and storage charge on a monthly basis for such
applicable charges on the basis of the greater of the actual
Reclaimed Water delivered or the volume charge and storage
charge for 1/12th of the minimum guaranteed annual volume
agreed to be accepted by RECIPIENT pursuant to Section 3.5
above; provided that RECIPIENT shall pay no more, on a fiscal
year basis, than (i)such minimum annual guaranteed volume
7-23-96
REUSE\DELlVER2.AGR
7
charge or (ii)charges for Reclaimed Water actually accepted
during the fiscal year, whichever is more.
4.3 In the event the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action or inaction on the part of the RECIPIENT,
the RECIPIENT shall be entitled to a credit for such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid upward or downward based on one-half
(i) of the year-to-year change in the actual operating costs
of producing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, such Volume Charge shall never be less than 206 per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 206 per
thousand gallons. The first such adjustment shall occur
effective the first day of the fourth fiscal year following
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (!) the relative increase or decrease
in actual operating costs incurred by the BOARD during the
second fiscal year of delivery of Reclaimed Water to RE~IPIENT
as compared to the third fiscal year and for each subsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge. Actual operating costs ("Actual Operating Costs")
shall be determined in conformity with generally accepted
accounting principles consistently applied, except the
depreciation of plant and equipment and any other provision
for capital recovery, including interest on long term debt,
shall not be included as operating costs, as such costs are
properly allocable to wastewater customers. Any increase or
decrease in the Volume Charge shall be determined as soon as
reasonably practicable and shall be effective retroactive to
the scheduled date of adjustment and a sum due to the BOARD
as a result of the retroactive effect of such adjustment or
the credit due the RECIPIENT, if applicable, shall be
reflected in the next billings regularly submitted by BOARD to
RECIPIENT as provided in Subparagraph 5.4.
5.1 BOARD personnel shall establish, or cause to be
established, and maintain an accbunting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of operating costs on other than an actually
incurred basis. By way of example, the parties agree that all
1-23-96
REUSE\DELlVERZ.AGR
8
operating and maL _enance costs of labor, che :;als and power,
permits, regulatory requirements, legal, engineering,
administration, testing, meter calibration and contract
services may be allocated based on appropriate data or
studies. Such current operating costs shall be recorded on a
consistent basis from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost
per thousand gallons of Reclaimed Water delivered beginning
with the second fiscal year after the plant starts to deliver
Reclaimed Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
1998 to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year October I, 1997
through September 30, ,1998 was 21e. Further, assume that the
Actual Operating Cost of producing and delivering Reclaimed
Water to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October I, 1997, through September 30,
1999) increased from 21e per thousand gallons to 23e per
thousand gallons. The index for increase would be calculated
by dividing the base cost of 21e per thousand gallons into
one-half (!) the 2e increase in cost, resulting in an increase
of 4.76% to the p'revious years' Volume Charge of 20e per
thousand gallons for the fourth fiscal year, equal to 20.95e
per thousand gallons (! x 2 = 1 7 21e = .0476, then 20e x
1.0476 = 20.95e).
5.3 As soon as reasonably practical, after each fiscal
year for which the contract price is subject to adjustment ,
the BOARD shall prepare a statement showing in reasonable
detail the actual operating costs to produce Reclaimed Water
from effluent for the latest two fiscal years. For each such
year, the statement shall also spow (1) the number of gallons
in thousands of Reclaimed Water delivered to Reclaimed Water
users, (2) the cost per thousand gallons 9f Reclaimed Water
calculated by dividing such operating costs by such gallons,
( 3) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to the later year, and
(4) the calculation of the adjusted price for the later year.
This statement shall be deemed to be the responsibility of the
BOARD, and the BOARD's Executive Director shall attest in
writing, to the propriety of the costs and calculations shown
thereon.
~ 5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT the supplemental statement
set forth in the preceding paragraph, together with the
attestation thereto by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credit showing (l)the amount paid by the RECIPIENT for
Reclaimed Water delivered in the current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the current
fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
7-23-96
REUSE\DELlVERZ.AGR
9
be either paid pL .ptly by the RECIPIENT, or
in the next billing to the RECIPIENT.
)wn as a credit
5.5 For billing purposes only prior to the d~termination
of actual costs for adjusting the Volume Charge, during each
year subject to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for the current year in the price adjustment calculation
set forth above.
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
5.7 Notwithstanding the above provisions, the price paid
by the RECIPIENT for Reclaimed Water shall be adjusted
downward in the event the BOARD offers Reclaimed Water to any
other non-governmental customer(s) upon substantially similar
terms and conditions for the same use of the Reclaimed Water
at a lower charge than RECIPIENT is or will be paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided to the BOARD for encouraging wastewater reuse and
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water facility, as opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed, to its Reclaimed
Water facility operating costs.
5.9 The parties to this Agreement agree and recognize
that RECIPIENT is under no legal or other obligation to enter
into this Agreement for reuse of 'Ilast-ewater. RECIPIENT
currently has operating permits from FDEP and the Water
Management District to pump surface and ground water for all
RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump
this surface and ground water is substantially less than the
charges RECIPIENT will pay for Reclaimed Water under this
Agreement. RECIPIENT'S only consideration and motivation to
enter into this Agreement is to insure sufficient irrigation
water by receiving its full allocation of Reclaimed Water on
demand in accordance with the rate and delivery conditions set
forth in this Agreement, free from adverse environmental or
climatic impact. RECIPIENT has determined that the benefits
of this Agreement are only marginally economically feasible.
Therefore, if as a result of any action by the BOARD, the City
of Delray Beach or the City of Boynton Beach, RECIPIENT would
be required to pay charges in excess of those established
under Section 5, then RECIPIENT shall have the option of
canceling this Agreement upon sixty (60) days advance written
notice to the BOARD.
7-23-96
REUSE\DELlVER2.AGR
10
SECTION 6. Insp" ..:ion. BOARD shall have U right to enter
RECIPIENT's property, upon proper identification and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation, safety,
protection, or preservation thereof, to determine compliance
with any law, order or regulation of any governmental
authority having jurisdiction, and for sampling at any
monitoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
any reasonable time, for the purpose of determining whether
the BOfu~D is in compliance with this Agreement.
SECTION 7. Assignments. This Agreement can be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
assignee shall assume this Agreement and shall demonstrate to
BOARD its financial ability to comply with the provisions
hereof.
SECTION 8. Notices; Proper Form. Any notice required or
allowed to be delivered hereunder shall be in writing and
shall be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, (2) upon receipt of such
notice when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to a party at the address set forth opposite the party' name
below, or at such other address as the party' shall have
specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL' BOARD
Executive Director
1801 North Congress Avenue
Delray Beach, FL 33445
RECIPIENT
PINE TREE GOLF CLUB
C/O Club Manager
10600 Pine Tree Terrace
Boynton Beach, FL 33436
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
7-23-96
REUSE\DELlVERZ.AGR
11
COpy TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall
give the other party written notice of any defaults hereunder
and shall allow the defaulting party 30 days from the date of
receipt to cure such defaults, except failure to deliver water
on demand.
SECTION 10. Default by Either Party. If any party hereto fails
to perform or comply with any of the conditions of this
Agreement, and if the nonperformance shall continue for a
period of thirty (30) days after the written notice thereof to
the non-performing party, or if the performance cannot be
reasonably completed within the 30-day period, or if the non-
performing party does not in good faith commence performance
within the30-day period and does not diligently proceed to
complete performance, the non-performing party shall be in
default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit granted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shall indemnify the BOARD, its officers~ governing board,
employees and agents against all claims, demands, causes of
actions, suits, judgments, fines, penalties, or losses,
including all costs suffered or incurred by the BOARD by
reason of such failure. In the event the BOARD shall fail to
comply with any rule, regulation, order of any Federal, State
or County or local agency, or fail to deliver water meeting
the quality standards provided by this Agreement, then the
BOARD shall, to the extent allowed by law, indemnify the
RECIPIENT, its officers, board of directors, employees and
agents against all claims, demands, causes of actions, suits,
judgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall
be in default hereunder as set forth in Section 10, then the
other party shall have the following remedy: bring suit for
th~ breach which has occurred without affecting the
obligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Palm Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action
among them involving this Agreement or the alleged breach
thereof.
7-23-96
REUSE\DELlVER2.AGR
12
SECTION 13. Dis. _limers of Third Party Be: :iciaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action shall accrue upon or by
reason hereof or to or from or for the benefit of any third
party not a formal party hereto.
SECTION 14. Severability. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity
or unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire Agreement between the parties hereto with respect to
this transaction and supersedes all prior negotiations and all
prior written or oral understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed
by all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually
agreeable memorandum thereof wi.ll be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the
other party, in writing, as to the status of its construction
document preparation and construction of associated
improvements on a monthly basis to ensure that both parties'
activities are progressing with reasonable diligence.
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November 1, 1997, subject to matters beyond the reasonable
control of either party. . Notwithstanding any provision of
this Agreement to the contrary, the RECIPIENT shall have the
absolute obligation to commence payments for the reclaimed
water upon the completion of construction as provided for in
Section 3.5 above.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
/1
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ATTE.STEIY:.. llY :...... Pt.
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Secreta~y
By: ~~I! ///"/P~
Chairman I
7-Z3-96
REUS&\DELlVERZ.AGR
13
APPRO~D AS TO ~1~:
'~\ L-~,-==-
Board Attorney
APPROVED BY:
./-7
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fi ..:-f:-:;;">'_~
J'/ /~' j---4~
CitY/~0f D~-1ray ~,Eiach, Mayor
APPROVED/BY:
I.> /1 : _'''"--..., .J1
,- (/ ~ ,,----- >/;~/
.>::5z--r7~;>')';' />1:--<<'7 >/.. cr->~_
- j ........ _or
City of/BOynton .B~ach, Mayor
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7-23-96
REUSE\DELlVER2.AGR
PINE TJU3-P;-- GObF ~~
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'.,~ ( ,~ /- . --~' . ....
By: "",- ,~/ - 'C '- / .,/( or/) / /J
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tl
14
ASSIGNMENT AGREEMENT
~05-0B7
~~
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL W ASTEW A TER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Pine Tree
Golf Club, concerning delivery and acceptance of reclaimed water dated the 17 lh day of January,
1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water
Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agre-e as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
2., BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL W ASTEW A TER
TRE MENT AND DISPOSAL BOARD
--....
l~
Chairman
APPROVED AS TO FORM
B~
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
THIS AGREEMENT is made and entered into on this \ '7 day
of c...\r~n. ~, by and between South Central
Regional Wastewater TreatmJnt' and Disposal Board, a municipal
corpo'ration created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Pine Tree Golf Club
(hereinafter RECIPIENT).
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
AND PINE TREE GOLF CLUB CONCERNING DELIVERY
AND ACCEPTANCE OF RECLAIMED WATER
Accordingly, for and in cons ideration
contained herein, mutual understandings
contained herein, and other consideration,
sufficiency of which is hereby acknowledged
the parties covenant and agree as follows:
of the recitals
and agreements
the receipt and
by the parties,
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
1.1 The parties hereto represent to one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach (the "Cities"), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest,as it recaptures an otherwise wasted
and unused water resource. The BOARD owns and operat,es
wastewater fac~lities which it proposes to upgrade to produce
Reclaimed Water suitable for irrigation of areas, such as
golf courses, parks, school. grounds and cemeteries, and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1.3 In a normal year, RECIPIENTS will irrigate
approximately 240 days and most of RECIPIENT'S daily
requirements will be needed during approximately 12 hours
comm~nc;Lng about sundown. BOARD agrees to Use its best
efforts to supply Reclaimed Water on demand to RECIPIENT up to
the volume and at the charge set forth in this Agreement.
REC~PIENT has valuable golf courses that require access to
such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance Upon the RECIPIENT entering
into this Agreement.
7-23-96
!lEUSE\OELIVER2.AGR
1
1.4 The RECIPIENT owns and controls land which is
described in Exhibit "A" (the "Property"), attached and made
a part 'hereof by reference.
1.5 RECIPIENT agrees to: (a) irrigate the Property using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of delivery; and (c) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water accepted from the BOARD and as required to meet any
federal: state, or local requirements: Cd) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept the Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property'. The
BOARD shall be deemed to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of Delivery. After such delivery, the
RECIPIENT shall be deemed to be in posse'ssion and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State
and governmental permits issued to it and necessary to allow
it to receive and utilize the' Reclaimed Water pursuant to the
terms of this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or
encumber the Property in areas irrigated with the Reclaimed
Water shall not be restricted by this Agreement. This
AgreemE:!nt shall run wi ththe land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subsequent party in interest
to such golf course or courses shall be obligated to receive
and pay for Reclaimed Water under the same terms and
conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The design and construction of the metering
fac~lity shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and
RECIPIENT. The meter will be utilized to measure the amount of
Re~laimed Water delivered by the BOARD to RECIPIENT and the
BOARD shall operate, maintain, cause to be calibrated, and
repair said meter..
1.10 CONSTRUCTION. Upon completion of the engineering
design of the metering faCility, and the acceptance of same by
both parties, the metering facility will be constructed by the
BOARD and plaqed into service.
7-23-96
REUS&\D&LIVER2.AGR
2
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the valves immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appu~tenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon
reasonable advance notice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once per year and repaired if required. Any errors in meter
reading and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall pe
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD. '
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated December 26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and all
provisions thereof have been contractually approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been obtained, such
approval will be obtained and certified to RECIPIENT before
this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing
this Agreement, the following words, phrases and terms shall
have the following meanings, unless the context requires
otherwise:
2.1 "Agreement" means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP'" means-the Florida Department of Environmental
ProteGtion, and its successors.
2.3 "Fiscal Year" means October 1 to September 30 of the
fallowing year.
2.4 "GPO" means gallons per day.
2.5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds and lakes, storage facilities,
if applicable, and pertinent equipment that are located on
RECIPIENT's property and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
1-23-96
REUSE\DEL~VER2_AGR
3
all applicable governmental regulations and in accordance with
the terms and provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point of delivery" means the point at
which divides the BOARD's wastewater facilities
RECIPIENT's irrigation system, or as otherwise
engineering drawings approved by both parties.
the meter
from the
noted on
2.8 "Reclaimed Water" means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities" means those
facilities necessary for the storage, if applicable,'
transportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These facilities include, but are not limited
to, any Reclaimed Water transmission facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may
be designed, permitted and constructed on the Property, if
~pplicable, or upon the BOARD's property, if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the
wastewater treatment facility for treatment.
2.13 "Wastewater Facilities" means the BOARD's plant
located at 1801 North Congress Avenue, Delray Beach, Florida,
and Reclaimed Water transmission facilities, including all
interceptors, lines, pipes, meters, couplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water.
SECTION 3. Grant of License and Easement. RECIPIENT hereby
grants to BOARD an easement over the Property, including a 15
foot utility easement to be mutually agreed upon and located
in the approximate location depicted on Exhibit "C" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and' the right to transmit, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if applicable, on the Property in accordance
with and subject to the following conditions:
7-23-96
REUSE\DELTVERZ.AGR
4
3.1 Desicrn and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Penuit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
permit, install and operate, at its sole expense, any storage
facili ty, if applicable, and the irrigation system on the
Property up to the point of delivery.
3.2 Permits and Approval for the Irricration System.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation
system: provided, however, that Board shall be responsible
for obtaining and maintalning all. permits for Reclaimed Water
disposal facilities. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providing and complying
with all monitoring, sampling, testing, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, permit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 - A. Deliverv of Reclaimed Water. BOARD agrees to use
its best efforts to make available and deliver in the volume
and at the times requested, an annual volume of Reclaimed
Water of at least 86 million gallons (MGY) , with maximum
volume anyone day up to but not to exceed 800,000 gallons per
day (GPD), at a rate of 1,750 gallons per minute (GPM), for
use on the Property and, at its cost, to ~onnect the BOARD's
Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and
as shown in Exhibit "C". Both RECIPIENT and BOARD recognize
that water supply and demand will vary depending on a number
of factors, primarily climatic conditions.
, B. Storacre. The RECIPIENT shall maintain, in
compliance with all applicable laws and regulations, the
necessary storage facilities on their property at their sole
expense.
3.4 Quality of Reclaimed Water. BOARD shall make
available to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 17-610, Florida Administrative Code, or
its successor Code provisions, or of a quality consistent with
more stringent requirements that may be imposed by any
governmental agency having jurisdiction.and legal authority.
In recognition of the need to supply Reclaimed Water, the
7-23-96
REUSE\DELIVERZ .AGR
5
BOARD shall also be required to comply with effluent
limi tations set forth in Exhibit "0". All Reclaimed Water
made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to
remove harmful levels of bacteria, viruses, and other
constituents or pollutants which could constitute a danger to
human health, and in accordance with all applicable federal,
sta te and local laws, rules, regulations, policies,
ordinances, resolutions, orders and permi ts and the
requirements of Exhibit "0". BOARD shall provide continuous
monitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and
monitoring of Reclaimed Water as required by local, state and
federal regulations and by Exhibit "0". BOARD agrees to
divert away as expeditiously as possible, from the irrigation
system, any Reclaimed Water which does not comply with the
terms and conditions of this Agreement or which does not meet
the applicable state, federal or local laws and regulations
and to promptly and fully notify RECIPIENT of such action.
Copies of all test results shall be available to RECIPIENT
upon request.
3.5 Minimum Purchase of Reclaimed Water by RECIPIENT.
Upon completion of the construction of the wastewater
facilities and continuing for so long as BOARD complies with
the requirements set forth in this Agreement, RECIPIENT has an
obligation to pay for at least 86 million gallons annually of
Reclaimed Water for spray irrigat.ion on the Property, subject
to conditions as set forth in Section 3.3 of this Agreement.
Notwithstanding anything to the contrary, Recipient .shall not
be obligated to accept delivery of or pay for Reclaimed Water
which does not comply with the terms and conditions of this
agreement. Such exception to RECIPIENT'S obligation to accept
delivery of such Reclaimed ,Water by reason of the Board's
failure to meet the water quality standards required in this
Agreement shall relieve RECIPIENT of its obligation to pay
BOARD for the minimum annual volume set forth above at the
rates determined pursuant to Paragraph 5 below only to the
extent that the BOARD shall not have made available to
RECIPIENT such annual minimum volume of Reclaimed Water
mee'ting t'he requirements of this Agreement through the
completion of the then current fiscal year. Recipient shall
not transfer the water provided by Board to any third party or
off of the Recipient's property which is the subject of this
agreement.
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the
point(s) of delivery.
7-23-95
REUSE\DELIVERZ.AGR
6
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOARD's
Reclaimed Water supply.
3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
time.
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for a period of twenty (20) years commencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall he automatically extended for
successive periods of ten (10) years each, upon the same terms
and conditions as herein provided, unless either party hereto
notifies the other by certified mail at least three years
prior to the expiration of the initial term 'of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended.
4.2 PaYment of Fees. In return for and in consideration
of BOARD's construction of facilities and delivery of
Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time
connection fee of $5,100.0D and a volUme charge of 206 for
each 1,000 gallons of Reclaimed Water used, (the "Voluine
Charge") but on an annual basis not less than the above rate
times the minimum quantity RECIPIENT has agreed to purchase
under Section 3.5 together with a storage charge equal to 8c,
(the "Storage Charge.i) for each 1,000 gallons of Reclaimed
Water the Volume Charge for which is paid for by RECIPIENT, as
provided above. Su~h storage charge' shall remain constant and
shall not be adjusted, during the term of this Agreement or
any extension. Payment of the connection fee shall be in one
lump sum no later than the commencement of construction of the
modification to the BOARD's wastewater facilities for the
treatment and production of Reclaimed Water. The Volume
Charge shall remain constant until the expiration of the
third (3) fiscalyefrr from the commencement of pumping
(pro~id~d that if less than six (6) months expires between the
time BOARD commences or makes available delivery of Reclaimed
Water and the end of, the first fiscal year,' such first year
shall not count as the first fiscal year), after which the
price will be redetermined as provided in Section 5. The
BOARD shall render billings to RECIPIENT for both the volume
charge and storage charge on a monthly basis for such
applicable charges on the basis of the greater of the actual
Reclaimed Water delivered or the volume charge and storage
charge for 1/12th of the minimum guaranteed annual volume
agreed to be accepted by RECIPIENT pursuant to Section 3.5
above; provided that RECIPIENT shall pay no more, on a fiscal
year basis, than (i) such minimum annual guaranteed volume
7-23-96
REUSE\ DELlllER2 .AGR
7
charge or (ii)charges for Reclaimed Water actually accepted
during the fiscal year, whichever is more.
4.3 In the event the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action or inaction on the part of the RECIPIENT,
the RECIPIENT shall be entitled to a credit for such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid upward or downward based on one-half
(i) of the year-to-year change in the actual operating costs
of producing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, such Volume Charge shall never be less than 20<: per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 20<: per
thousand gallons. The first such adjustment shall occur
effective the first day of the fourth fiscal year following
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (!) the relative increase or decrease
in actual operating costs incurred by the BOARD during the
second fiscal year of delivery of Reclaimed Water to RECIPIENT
as compared to the third fiscal year and for each subsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge. Actual operating costs ("Actual Operating Costs")
shall be determined in conformity with _generally accepted
accounting principles consistently applied, except the
depreciation of plant and equipment and any other provision
for capital recovery, including interest on long term debt,
shall not be included as operating cost~, a~ such costs are
properly allocable to wastewater customers. Any increase or
decrease in the Volume Charge shall be determined as soon as
reasonably practicable and shall be effective retroactive to
the scheduled date of adjustment and a sum due to the BOARD
as a result of the retroactive effect of such adjustment or
the credit due the RECIPIENT, if applicable, shall be
reflected in the next billings regularly submitted by BOARD to
RECIPIENT as provided in Subparagraph 5.4.
5.1 BOARD personnel shall establish, or cause to be
established, and maintain an accbunting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of operating costs on other than an actually
incurred basis. By way of example, the parties agree that all
7-23-96
REUSE\DELlVERZ.AGR
8
operating and mai. ~enance costs of labor, che ~als and power,
permits, regulatory requirements, legal, engineering,
administration, testing, meter calibration and contract
services may be allocated based on appropriate data or
studies. Such current operating costs shall be recorded on a
consistent basis from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost
per thousand gallons of Reclaimed Water delivered beginning
with the second fiscal year after the plant starts to deliver
Reclaimed Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
1998 to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year October 1, 1997
through September 30, .1998 was 216. Further, assume that the
Actual Operating Cost of producing and delivering Reclaimed
Water to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October 1, 1997, through September 30,
1999) increased from 21<: per thousand gallons to 23<: per
thousand gallons. The index for increase would be calculated
by dividing the base cost of 216 per thousand gallons into
one-half (!) the 26 increase in cost, resulting in an increase
of 4.76% to the p'revious years' Volume Charge of 206 per
thousand gallons for the fourth fiscal year, equal to 20.95<:
per thousand gallons (t x 2 = 1 7 216 = .0476, then 20<: x
1.0476 = 20.95C).
5.3 As soon as reasonably practical, after each fiscal
year for which the contract price is subject to adjustment ,
the BOARD shall prepare a statement showing in reasonable
detail the actual operating costs to produce Reclaimed Water
from effluent for the latest two fiscal years. For each such
year, the statement shall also spow (1) the number of gallons
in thousands of Reclaimed Water delivered to Reclaimed Water
users, (2) the cost per thousand gallons -of Reclaimed Water
calculated by dividing such operating costs by such gallons,
( 3 ) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to, the later year, and"
(4) the calculation of the adjusted price for the later year.
This statement shall be deemed to be the responsibility of the
BOARD, '. and the BOARD's Executive Director shall attest in
writing to the propriety of the costs and calculations shown
thereon.
5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT the supplemental statement
set forth in the preceding paragraph, together with the
attestation thereto by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credit showing (l)the amount paid by the RECIPIENT .for
Reclaimed Water delivered in the current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the current
fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
1-23-96
REUS&\D&LIVRRZ.AGR
9
be either paid pl;:. .ptly by the RECIPIENT, or
in the next billing to the RECIPIENT.
)wn as a credit
5.5 For billing purposes only prior to the d~teI1Uination
of actual costs for adjusting the Volume Charge, during each
year subject to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for.the current year in the price adjustment calculation
set forth above.
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
5.7 Notwithstanding the above provisions, the price paid
by the RECIPIENT for Reclaimed Water shall be adjusted
downward in the event the BOARD offers Reclaimed Water to any
other non-governmental customer(s) upon substantially similar
terms and conditions for the same use of the Reclaimed Water
at a lower charge than RECIPIENT is or will be paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided to the BOARD for encouraging wastewater reuse and
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water facility, as opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed, to its Reclaimed
Water facility operating costs.
5 . 9 The parties to this Agreement agree and recognize
that RECIPIENT is under no legal or other"obligation to enter
into this Agreement for reuse of wastewater. RECIPIENT
currently has operating permits from FDEP and the Water
Management District to pump surface and ground water for all
RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump
this surface and ground water is substantially less than the
charges RECIPIENT will pay for Reclaimed Water under this
Agreement. RECIPIENT'S only consideration and motivation to
enter into this Agreement is to insure sufficient irrigation
water by receiving its full allocation of Reclaimed Water on
demand in accordance with the rate and delivery conditions set
forth in this Agreement,.free from adverse environmental or
climatic impact. RECIPIENT has determined that the benefits
of this Agreement are only marginally economically feasible.
Therefore, if as a result of any action by the BOARD, the City
of Delray Beach or the City of Boynton Beach, RECIPIENT would
be required to pay charges in excess of those e~tablished
under Section 5, then RECIPIENT shall have the option of
canceling this Agreement upon sixty (60) days advance written
notice to the BOARD.
1-23-96
REUSE\DELlVERl.AGR
10
SECTION 6. Inspt .:ion. BOARD shall have tr right to enter
RECIPIENT's property, upon proper identification and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation, safety,
protection, or preservation thereof, to determine compliance
with any law, order or regulation of any governmental
authority having jurisdiction, and for sampling at any
monitoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
any reasonable time, for the purpose of determining whether
the BO~~D is in compliance with this Agreement.
SECTION 7. Assignments. This Agreement can be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
assignee shall assume this Agreement and shall demonstrate to
BOARD its financial ability to comply with the provisions
hereof. .
SECTION 8. Notices; Proper Form. Any notice required or
allowed to be delivered hereunder shall be in writing and
shall be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, (2) upon receipt of such
notice when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to a party at the address set forth opposite the party' name
below, or at such other address as the party' shall have
specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach! FL 33445
RECIPIENT
PINE TREE GOLF CLUB
C/O Club Manager
10600 Pine Tr~e Terrace
Boynton Beach, FL 33436
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
1-23-96
REUSE\DELlVERl.AGR
11
COpy TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall
give the other party written notice of any defaults hereunder
and shall allow the defaulting party 30 days from the date of
receipt to cure such defaults, except failure to deliver water
on demand.
SECTION 10. Default by Either Party. If any party hereto fails
to perform or comply with any of the conditions of this
Agreement, and if the nonperformance shall continue for a
period of thirty (30) days after the written notice thereof to
the, non-performing party, or if the performance cannot be
reasonably completed within the 30-day period, or if the non-
performing party does not in good faith commence performance
within the 30-day period and does not diligently proceed to
complete performance, the non-performing party shall be in
default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit grarlted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shall indemnify the BOARD, its officers ~ governing board,
employees and agents against all claims, demands, causes of
actions, suits, judgments, fines, penalties, or losses,
includi.ng all costs suffered or incurred by the BOARD by
reason of such failure. In the event the BOARD shall fail to
comply with any rule, regulation, order of any Federal, State
or County or local agency, or fail tod~liver water meeting
the quality standards provided by this Agreement, then the
BOARD shall, to the extent allowed by law, indemnify the
RECIPIENT, its officers, board of directors, employees and
agents against all claims, demands, causes of actions, suits,
judgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SEC~ION 12. Remedies of Default. If either party hereto shall
be in default hereunder ?s set forth in Section 10, then the
other party shall have the following remedy: bring suit for
th~ breach which has occurred without affecting the
obligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Palm Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action
among them involving this Agreement or the alleged breach
ther~of.
1-23-96
REUSE\DELIVERl.AGR
12
SECTION 13. Dis, ..iimers of Third Party Be: :iciaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action shall accrue upon or by
reason hereof or to or from or for the benefit of any third
party not a formal party hereto.
SECTION 14. Severability. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity
or unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire Agreement between the parties hereto with respect to
this transaction and supersedes all prior negotiations and all
prior written or o~al understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed
by all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually
agreeable memorandum thereof wi.ll be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent or Agreement. Each party shall advise the
other party! in writing, as to the status of its construction
document preparation and construction of associated
improvements on a monthly basis to ensure that both parties'
activities are progressing with reasonable diligence.
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November 1, 1997, subject to matters beyond the reasonable
control of either party. . Notwithstanding any provision of
this Agreement to the contrary, the RECIPIENT shall have the
absQlute obligation to commence payments for the reclaimed
water upon the completion of construction as provided for in
Section 3.5 above.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
;::;----- .r'" ~7 #d ____
By: ~!,.AA/ &: -0 /"'. -,~.,v./ .
Chairman ~
1-23-96
REUSE\DELlVERl.AGR
13
APPROVED AS TO FOM:
,/'i /11'
/ I ~
,/ ,\ f...--.,.~-
j !
Board Attorney
/j
~------
J
l
By :'-..,.
APPROVED BY:
,,/'.
/' ~/"<;;
//"/ //.., -. ,./ ~.// _~ .r"'/ /:,--7
...? /~ - ..~
Ci tY-:0 f D~'lray ~J/ach.1 Mayor
APPROVED/BY:
<~/"-
'1 __~._ -.. -7
" (/ --......... /./
~ /./
/~J~<-i/~~-"I ?'~,>/ c:'Z_
Cii:y of )fuyntoD,;Bl2ach, Mayor
.<;/ ///'
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/ /
:/
~-'"
7-23-96
REUSE\DELIVERl.AGR
14
ASSIGNMENT AGREEMENT
~ ,1-
';:\05-087 ~
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL W ASTEW A TER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Quail
Ridge Country Club, concerning delivery and acceptance of reclaimed water dated the 5th day of
August, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water
Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
I. The BOARD hereby assigns aU rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
. 2.. BOYNTON hereby agrees to accept and assume aU rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOU CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
B~ t: ~-/u h..-
Printed Name: 1\111 j reF!? 't g ')l; 0 tl
Chairman
~VED AS TOfF[JRM
BrdAtt~rn~y-- ..- L
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
',' c ." 'c,> I-:c
7
FIRST AMENDMENT AND RESTATEMENT OF.
--- AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WAsTEWATER TREATMENT AND DISPOSAL
BOARD AND QUAIL RIDGE COUNTRY CLUB
CONCERNING DELIVERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS FIRST AMENDMENT AND RESTATEMENT of that certain
AGREEMENT dated January 18, 1996, is made and entered into on this
.; day of Jlv~t\~ , 1997, by and between South
Central Regional astewater Treatment and Disposal Board, a
municipal corporation created pursuant to the laws of the State of
Florida '(hereinafter BOARD), and Quail Ridge Country Club, Inc.
(hereinafter RECIPIENT).
WIT N E SSE T H:
WHEREAS, the BOARD and RECIPIENT have heretofore entered into
that certain Agreement Concerning Delivery and Acceptance of
Reclaimed Water dated January 18, 1995; and
WHEREAS, RECIPIENT has requested an Amendment to. such
Agreement to provide for' additional volumes of reclaimed water in"
order to allow RECIPIENT to supply reclaimed water for landscape
irrigation purposes to the Quail Ridge Property Owner's
ASSOCiation, Inc. , (the "POA"), pursuant to the contractual
relationship between RECIP1ENT and the POA; and
WHEREAS, the BOARD is agreeable to amending said Contract to
provide the additional volumes requested pursuant to the tenns and
conditions set forth in this Amendment.
Accordingly, for and in consideration of the recitals
contained herein, mutual understandings and agreements contained
herein, and other consideration, the receipt and sufficiency.of
which is hereby-acknowledged by.itheparties,. the parties covenant
and agree as follows: . "'.
SECTION 1.. Recitals. The below recitals are true and correct
and fo~ a material 'part of this Agreement.
1.1 The parties hereto represent to one another that each has
the full power and authority to enter into this Agreement and to
carry out their respective obligations thereunder. The BOARD is
composed of the Cities of Boynton Beach and Delray Beach (the
"Cities "), pursuant. to an Interlocal Agreement entered into
pursuant to Chapter 163, Florida Statutes.
4-9-97
Reuse!Quai1.rdg!restatement.amd
1
8
1.. 2 The parties recognize that reuse of Reclaimed Water is in
the public interest, as it recaptures. an otherwise wasted and
unused water resource. The BOARD owns and operates wastewater
facilities which it proposes to upgrade to produce Reclaimed Water
suitable for irrigation of areas, such as golf courses, parks,
school grounds, cemeteries, and landscaping irrigation, and
RECIPIENT is willing to accept such Reclaimed Water for irrigation
purposes in the public interest.
1.3 In a normal year, RECIPIENTS will irrigate approximately
240 days and most of RECIPIENT'S daily requirements will be needed
during approximately 12 hours cOIIDnencing about sundown. BOARD
agrees to use its best efforts to supply Reclaimed Water on demand
to REC1PIENT up to the volume and at the charge set forth in this
Agreement. RECIPIENT has valuable golf courses that require access
to such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance upon the RECIPIENT entering into
this Agreement.
1.4 (a) The RECIPIENT owns and controls land (the "Property")
which is described in Exhibit "A", attached and made -a part hereof
by reference; (b) The RECIPIENT by contractual relationship will
have obtained the right to provide reclaimed water for landscaping
irrigation purposes to the POA's properties (the "POA Property")
which lie within the property described in Exhibit "A. It
1.5 RECIPIENT agrees to: (a) irrigate the Property and
provide reclaimed water for irrigating the POA - Property using
Reclaimed Water; (b) maintain the storage facility, if applicable,
ponds and lakes, if applicable, pumps and irrigation system to be
located on the Property from the point of delivery; and (c) upgrade
its irrigation system when reasonable and economical to utilize the
volume of Reclaimed Water accepted from the BOARD and as required
to meet any federal, state, or local requirements, (d) maintain
compliance with the op~rating restrictions for protecting human
health and the environment attached thereto as Exhibit liB. II
1.6 RECIPIENT shall accept the Reclaimed Water delivered by
the BOARD and use it for irrigation of the P~operty and the POA
Property. The BOARD shall be deemed to be in possession and
control of the Reclaimed Water until it shall have been delivered
to the RECIPIENT at the Point of Delivery. Aftersuch~d.elivery,
the RECIPIENT shall be deemed to be in possession and control
thereo f .
1.7 The RECIPIENT agrees to maintain all Federal, State and
governmental permits issued to it and necessary to allow it to
4-9-97
Reuse/Quail.rdg/restatement.amd
2
9
receive and utilize the Reclaimed Water pursuant to the terms of
this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or encumber
the Property in areas irrigated with the Reclaimed Water shall not
be restricted by this Agreement. This Agreement shall run with the
land so long as the use of a major portion of the Property shall
continue to be for golf course and related pUrposes. Any
subsequent party in interest to such golf course or courses shall
be obligated to receive and pay for Reclaimed Water under the same
terms and conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The design and construction of the metering
facility shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and RECIPIENT. The
meter will be utilized to measure the'amount of Reclaimed Water
delivered by the BOARD to RECIPIENT and the BOARD shall operate,
maintain, cause to be calibrated, and repair said meter.
1.10 CONSTRUCTION. Upon completion of the engineering design
of the metering facility, and the acceptance of same by both
parties, the metering faci1:i ty will be constructed by the BOARD and
placed into service.
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter and
related appurtenances and the lines interconnecting BOARD's system
into the metering facility, including all valves and appurtenances
up to and including the discharge flanges of the valves immediate1y
downstream of the meter. The parties agree that the RECIPIENT
shall have reasonable access to the metering facility, to all
other Reclaimed Water meters, check valves, and any other
appurtenances thereto, to verify flows, meter readings, meter
calibrations, efficiency of the check valves, and any other
performance data necessary to the operations of the Interconnection
facility upon reasonable advance notice to the Board. The.metering
device shall be tested and -.calibrated, at iBOARD~ S ,.expense ,;tat::;,least;h.: ,.
once per'year and repaired:\if~xequi.red. 'AnY-erJ:Ors.>:in m.eter:',readi.ng..:; _.:.. .,
and any discrepancy in meter results from a true' and correct
measure of Reclaimed Water flow to RECIPIENT shall be adjusted
properly and retroactively to reflect the flow to RECIPIENT. Any
incorrect metering device shall be repaired forthwith by the BOARD.
1. 12 This agreement has been duly authoriz~d by all named
parties. Pursuant to Section 3 (e) of the Interlocal Agreement
dated December 26, 1974, between the City of Boynton Beach and the
Ci ty 0 f Delray Beach, this Agreement and all provisions thereof
have been contractually approved by a majority vote of each City
Counc il as the act of each City, or, if such approval has not
4-9-97
Reuse/Quail. rdg/restatement. amd
3
10
already been obtained, such approval will be obtained and certified
to RECIPIENT before this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing this
Agreement, the following words, phrases and terms shall have the
following meanings, unless the context requires otherwise:
2 . 1 "Agreement" means this Agreement betT~een BOARD and
RECIPIENT.
2.2 "FDEP" means the Florida Department of Environmental
Protection, and its successors.
2.3 "Fiscal Year" means October 1 to September 30 of the
following year.
2.4 "GPD" means gallons per day.
2.5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds and lakes, storage facilities, if
applicable, and pertinent equipment that are located on RECIPIENT's
property and used to store, spray and irrigate with Reclaimed Water
that has been treated. in accordance with all applicable
governmental regulations and in. accordance with the terms and
provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point of delivery" means the point at the meter which
divides the BOARD's wastewater facilities from the RECIPIENT's
irrigation system, or as otherwise noted on engineering drawings
approved by both parties.
2.8 "Reclaimed Water" means wastewater that has been treated
in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities" means those
facilities necessary for the. storage, .if. appliCable,'. transportation
and disposfil of wastewater' previoUsly treated'.in.'.accordancewith
applicable local, state and federal standards and limitation at the
plant to the standard of Reclaimed Water. These facilities include,
but are not limited to, any Reclaimed Water transmission
facilities, irrigation systems and storage facilities, if
applicable.
2.10 "Reclaimed Water Transmission Facilities n means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may be
designed, permitted and constructed on the Property and the POA
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11
Property, if applicable, or upon the BOARD's property, if
applicable., and which are necessary to store and hold Reclaimed
Water in a manner that complies with regulatory requirements.
2.12 "Wastewater" means the prdduct received by the wastewater
treatment facility for treatment.
2.13 "Wastewater Facilities" means the BOARD's plant located
at 1801 North Congress Avenue, Delray Beach, Florida, and Reclabned
Water transmission facilities, including all interceptors, lines,
pipes, meters, couplings, pumps, force mains, and appurtenant
equipment necessary to treat and transmit the Reclaimed Water.
SECTION 3. Grant of License and Easemen~. RECIPIENT hereby grants
to BOARD an easement over the Property including a 15 foot utility
easement to be mutually agreed upon and located in the approximate
location depicted on Exhibit "e" attached hereto, to allow
construction, operation, maintenance and repair of the BOARD's
Reclaimed Water transmission main to the point of delivery, and the
right to transmit, deliver and dispose of Reclaimed Water through
the irrigation system and storage facility, if applicable, on the
Property in accordance wi th and subj ect to the following
conditions:
3.1 Desiqn and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed Water at
the point of delivery. RECIJ;>>IENT agrees to design, permit, install
and operate, at its sole expense, any storage facility, if
applicable, and the irrigation system on the Property and the POA
Property up to the point of delivery.
3.2 Permits and Approval for the Irriqation System.
Recipient shall be .responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation system:
provided" however.,. : that Board shall be responsible for obtaining
and maintaining all pennits for Reclaimed Water disposal
facilities. For all wastewater facilities located on its side of
the point of delivery, Board shall be solely responsible for
obtaining, compiling, providing .and complying. with all monitoring,
sampling, testing, and. reporting requirements for the Reclaimed
Water, which may be imposed by government law, rule, permit, or
approval. . Recipient shall grant Board upon reasonable advance
notice to RECIPIENT access to the irrigation system as 'needed to
assure continued compliance with applicable laws and regulations,
inc~uding, but not limited to, any monitoring or testing
reqUirements.
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3.3 Delivery of Reclaimed Water. BOARD agrees to use its best
efforts to make available and deliver in the volume and at the
times requested, an annual volume of Reclaimed Water of at least
584,000,000 gallons (MGY), with maximum volume anyone day up to
but not to exceed 3,690,000 (1,230,000 north connection and
2,460,000 south connection respectively) gallons per day (GPO), at
a rate of 7,6B8 (2,563 north connection and 5,125 south
connection respectively) gallons per minute (GPM), for use on the
Property and the POA Property and, at its cost, to connect the
BOARD's Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and as
shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water
supply and demand will vary depending on a number of factors,.
primarily climatic conditions.
3.4 Quality of Reclaimed Water. BOARD shall make available
to RECIPIENT Reclaimed Water of a quality consistent with the
requirements of "public access" treatment levels as set forth in
Chapter 62-610, Florida Administrative Code, or its successor Code
provisions, or of a quality consistent with more stringent
requirements that may be imposed by any governmental agency having
jurisdiction and legal authority. In recognition of the need to
supply Reclaimed Water, the BOARD shall also be required to comply
with effluent limitations set forth in Exhibit "0". All Reclaimed
Water made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to remove
harmful levels of bacteria, viruses, and other constituents or
pollutants which could constitute a danger to human health, and in
accordance with all applicable federal, state and local laws,
rules, regulations, policies, ordinances, resolutions, orders and
permits and the requirements of Exhibit "0". BOARD shall provide
continuous monitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and monitoring
of Reclaimed Water as required by local, state and federal
regulations and by Exhibit "0". BOARD agrees to divert away as
expeditiously as possible, from the irrigation system, any
Reclaimed Water which does not comply with the terms and
condi tions of this Agreement or which does not meet the applicable
state, ,fe,?eral.or local laws and regulations and-to promptly and
fully notify RECIPIENT of such action. Copies of all' test results
shall be available to RECIPIENT upon request.
3.5 Minimwn Purchase of Reclaimed Water bv RECIPIENT. Upon
receipt of all necessary governmental permits and,,'approvals by all
parties and completion of construction of wastewater facilLties and
continuing for so long as BOARD complies with the requirements set
forth ~n this Agreement, RECIPIENT has an obligation to pay for at
least 440,000,000 million gallons annually of Reclaimed Water for
spray irrigation on the Property and the POA Property, subject to
condi tions as set forth in Section 3.3 of this Agreement.
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Notwithstanding anything to the contrary, Recipient shall not he
obligated to accept delivery of or pay for Reclaimed Water which
does not comply with the terms and conditions of this agreement.
Such exception to RECIPIENT'S obligation to accept delivery of such
Reclaimed Water by reason of the Board's failure to meet the water
quality standards required in this Agreement shall relieve
RECIPIENT of its obligation to pay BOARD for the minimum annual
volume set forth above at the rates determined pursuant to
Paragraph 5 below only to the extent that the BOARD shall not have
made available to RECIPIENT such annual minimum volume of Reclaimed
Water meeting the requirements of this Agreement through the
completion of the 'then current fiscal year. Recipient shall not
transfer. the water provided by Board to any third party for use off
of the Recipient's or the POA Property. Notwithstanding the
foregoing, the minimum purchases as above described shall be broken
down into two (2) phases:
a. Phase I - for the irrigation of the Property (the
golf courses) the RECIPIENT obligation shall commence at the time
and in the manner as specified in this Agreement with respect to
180,000,000 million gallons year (MGY).
b. Phase II - for the irrigation of the Property and
the POA Property the minimum obligations as described above shall
be increased to 440,000,000 million gallons per year (MGY) upon
connection of the supply lines from the RECIPIENT system to the
POA's delivery system, provided that such connection and increase
in the obligation shall occur not later than
six months (6) following the delivery of Reclaimed Water for Phase
I, above.
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the point ( s)
of delivery.
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOARD's Reclaimed
Water supply.
3.8 The BOARD agrees that it will not enter into contracts
with other recipients of Reclaimed Water for more than its daily
supply;capacity as the same exists from time to time. .
SECTION 4. Term and Fees
4.1 Ternl. The Easement and this Agreement shall be in effect
for a period of twenty (20) years connnencing on the date of
execution of this Agreement. The term. of the Easement and this
Agreement shall be automatically extended for successive periods of
ten (10) years each, upon the same terms and conditions as herein
4-9-97
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14
provided, unless either party hereto notifies the other by
certixied mail at least three years prior to the expiration of the
initial term of this Agreement or any renewal thereof, that this
Agreement shall not be so extended.
4.2 Payment of Fees. In return for and in consideration of
BOARD's construction of facilities and delivery of Reclaimed
Water, RECIPIENT agrees to pay BOARD a one-time connection fee of
Six Thousand Five Hundred Dollars ($6,500.00) for the north
connection, and Nine Thousand Dollars ($9,000.00) for the south
connection, and a volume charge of 20e for each 1,000 gallons of
Reclaimed Water used (the "Volume Charge"), but on an annual basis
not less than the above rate times the minimum quantity RECIPIENT
has agreed to purchase under Section 3.5, together with a storage
charge equal to 8e (the "Storage Charge") for each 1,000 gallons of
Reclaimed Water the Volume Charge for which is paid for by
RECIPIENT, as provided above. Such Storage Charge shall remain
constant and shall not be adjusted during the term of this
Agreement or any extension hereof. Payment of the connection fee
shall be in one lump sum no later than the commencement of
construction of the modification to the BOARD's wastewater
facilities for the treatment and production of Reclaimed Water.
The Volume Charge shall remain constant until the expiration of
the third (3) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires betweep. the time
BOARD commences or makes available delivery of Reclaimed Water and
the end of the first fiscal year, such first year shall not count
as the. first fiscal year), after which the price will be
redetermined as provided in Section 5. The BOARD shall render
billings. to RECIPIENT for the volume charge on a monthly basis for
such applicable charges on the basis of the greater of the actual
Reclaimed Water delivered or the volume charge for 1/12th of the
minimum guaranteed annual volume agreed to be accepted by RECIPIENT
pursuant to Section 3.5 above; provided that RECIPIENT shall pay no
more, on. a fiscal year basis, than (i)such minimum annual
guaranteed volume charge or (ii) charges for Reclaimed Water
actually accepted during the fiscal year, whichever is more.
4.3 In the event the . BOARD shall not be. able to deliver
Recla1med Water in the mInimum volume agreed to in Section 3.5 of
this Agreement, as a result of its inability to do so and through
no action or inaction on the part of the RECIPIENT, the RECIPIENT
shall be entitled to a credit for such shortage in the minimum
agreed to volume (by a proportionate reduction).
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three ( 3 )
fiscal years as aforesaid upward or downward based on one~half (!)
of the year-to-year change in the . actual operating costs of
producing, metering and delivering Reclaimed Water from effluent
4-9-97
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15
and transmitting it to the point of delivery for the RECIPIENT as
it relates to the preceding year's Volume Charge, however, Such
Volume Charge shall never. be less than 20c per thousand gallons nor"
shall an increase be applied if the actual operating costs shall be
less than said 20c per thousand gallons. The first such adjustment
shall occur effective the first day of the fourth fiscal year
following the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (t> the relative increase or decrease in
actual operating costs incurred by the BOARD during the second
fisc'al year of delivery of Reclaimed Water to RECIPIENT as
compared to the third fiscal year and for each subsequent year
thereafter as compared to the previous year. The actual operating
cost and change therein shall be the basis for determining the
index for making theadjustmeLlts in the Volume Charge. Actual
operating costs ("Actual Operating Costs" > shall be determined in
conformity with generally accepted < accounting prinCiples
consistently applied, except the depreciation of plant and
equipment and any other provision for capital recovery, including
interest on long term debt, shall not be included. as operating
costs, as such costs are properly allocable to wastewater
customers. Any increase or decrease in the Volume Charge shall be
determined as soon as reasonably practicable and s~all be effective
retroactive to the scheduled date of adjustment and a sum due to
the BOARD as a result of the retroactive effect of such adjustment
or the credit due the RECIPIENT, if applicable, shall be reflected
in the next billings regularly submitted by BOARD to RECIPIENT as
provided in Subparagraph 5.4.
5 . 1 BOARD personnel shall establish, or cause to be
established, and maintain an accounting system in which such
current operating costs are recorded monthly in separate accounts
from sewage processing accounts. Costs shall be'recognized on a
first-in first-out basis. The BOARD personneI shall prepare and
preserve any studies relating to the allocation of operating costs
on other than an actually incurred basis. By way of example, 'the
parties agree that all operating and maintenance costs of labor,
chemicals and power, permits, regulatory requirements, legal,
engineering, administration, testing, meter calibration and
contract; services ~ay be' allocated based. on .appropri.ate . data or
studies. Such current. operating costs shall be recorded on a
consistent basis 'from month to month and year to year, and the
total ~or each fiscal year shall be used to calculate a cost per
thousand gallons of Reclaimed Water delivered beginning with the
second fiscal year after the plant starts to deliver Reclaimed
Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,1996,
the third fiscal year thereafter would be October 1, 1998 to
September 30, 1999. Assume that the actual cost of producing
Reclaimed Water for the fiscal year October 1, 1997 through
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16
September 30, 1998 was. 21<::. Further, assume that the Actual
Operating Cost of producing and delivering Reclaimed Water to
RECIPIENT during the second fiscal year to the end of the third
fiscal year (October 1, 1997, through September 30, 1999) increased
from 21<:: per thousand gallons to 23<:: per thousand gallons. The
index for increase would be calculated by dividing the base cost of
216 per thousand gallons ~nto one-half (t) the 2<:: increase in cost,
resulting in an increase of 4.76% to the previous years' Volume
Charge of 206 per thousand gallons for the fourth fiscal year,
equal to 20.956 per thousand gallons (t x 2 = 1 ~ 21<:: = .0476, then
206 x 1.0476 = 20.956).
5.3 As soon as reasonably practical, after each fiscal year
for which the contract price is subject to adjustment r the BOARD
shall prepare a statement showing in reasonable detail the actual
operating costs to produce Reclaimed Water from effluent for the
latest two fiscal years. For each such year, the statement shall
also show (1) the number of gallons in thousands of Reclaimed Water
delivered to Reclaimed Water users, (2) the cost per thousand
gallons of Reclaimed Water calculated by dividing such operating
costs by such gallons, (3) the calculation of the ratio of change
in cost per thousand gallons from the earlier year to the later
year, and (4) the calculation of the adjusted price for the later
year. This statement shall be deemed to be the responsibility of
the BOARD, and the BOARD's Executive Director shall attest in
writing to the propriety of the costs and calculations shown
thereon.
5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT the supplemental statement set
forth in the preceding paragraph, together. with the attestation
thereto by the BOARD. At the same time, the BOARDS Executive
Director shall submit to RECIPIENT a bill or credit showing (1)the
amount paid by the RECIPIENT for Reclaimed Water delivered in the
current fiscal year, (2) the amount payable for Reclaimed Water
delivered in the current fiscal year based on the adjusted price
for the year as set fort!I above, and (3)the difference. Any such
difference shall be either paid promptly by the RECIPIENT, or shown
as a crecti t in the next bi1ling to the RECIPIENT.
5.5 For billing purposes only prior to the determination of
actual costs for adjusting the Volume Charge, during each year
subject to price adjustment, the BOARD may use a tentative price
per thousand gallons based on using budgeted costs for the current
year in the price adjustment calculation set forth above~
5.6 RECIPIENT, at its own expense, has the option of
examining the' financial statements, general books and related
records, and production records of the BOARD.
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5.7 Notwithstanding the above provisions, the price paid by
the RECIPIENT for Reclaimed Water shall, be adjusted downward in the
event the BOARD offers Reclaimed Water to any other non-
governmental customer (s) upon substantially similar terms and
condi tions for the SaIne use of the Reclaimed Water at a lower
charge than RECIPIENT is or will be paying under this Section 5.
Such downward adjustment shall be made to guarantee RECIPIENT that
no other user of Reclaimed Water for similar purposes shall
receive a more favorable charge than will also be ,given to
RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental or
environmental noncapital improvement subsidies which are provided
to the BOARD for encouraging wastewater reuse and which are
intended to be applied pursuant to the terms of such grant or
subsidy to the operational costs of the. Reclaimed Water facility,
as opposed to capital improvements or expansion of such Reclaimed
Water facility, the BOARD will- apply such funds, to the extent
allowed, to its Reclaimed Water facility operating costs.
5.9 The parties to this Agreement agree and recognize that
RECIPIENT is under no legal or other obligation to .enter into this
Agreement for reuse of wastewater. RECIPIENT currently has
operating permits from FDEP and the Water Management District to
pump surface and ground water for all RECIPIENT'S irrigation needs
and RECIPIENT'S costs to pump this surface and ground water is
substantially less than the charges RECIPIENT will pay for
Reclaimed Water under this Agreement. RECIPIENT'S only
consideration and motivation to enter into this Agreement is to
insure sufficient irrigation water by receiving its full
allocation of Reclaimed Water on demand in accordance with the
rate and delivery conditions set forth in this Agreement, free
from adverse environmental or climatic impact:. RECIPIENT has
determined that the benefits of this Agreement are only marginally
economically feasible. Therefore, if as a result of any action by
the BOARD, the City of Delray Beach or the City of Boynton Beach,
RECIPIENT would be required to pay charges in excess of those
established under Section 5,. then RECIPIENT shall. have.the option
of canceling this Agreement upon sixty (60) days . advance written
notice to the BOARD.
SECTION ..~ 6. Inspection. BOARD shall have the right to enter
RECIP IENT ' s Property and the POA Property, upon proper
identification and at any reasonable time, in order to inspect the
irrigation system as may be necessary or desi;r:-able.' 'for the
operation, safety, protection, or preservation thereof, to
determine compliance with any law, order or regulation of any
governmental authority having jurisdiction, and for sampling at any
moni toring wells located on the Property and the POA Property.
RECIPIENT shall have the right to enter the BOARD' s plant and
4-9-97
Reuse/Quail.rdg/restatement.arnd
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18
properties and the right of access to its wastewater facilities and
records, at any reasonable time, for the purpose of determining
whether the BOARD is in compliance with this Agreement.
SECTION 7. Assignments. This Agreement can he assigned by RECIPIENT
only with the prior written approval of BOARD, but such approval
shall not be unreasonably withheld, provided the assignee shall
assume this Agreement and shall demonstrate to BOARD its financial
ability to comply with the provisions hereof.
SECTION 8. Notices; Proper FODn. Any notice required or allowed to
be delivered hereunder shall be in writing and shall be deemed to
be delLvered when (1) hand delivered to the official hereinafter
designated, (2) upon receipt of such notice when deposited in the
United States mail, postage prepaid, certified mail, return receipt
requested, addressed to a party at the address set forth opposite
the party' name below, or at such other'address as the party shall
have specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach~ FL 33445
RECIPIENT
QUAIL RIDGE COUNTRY CLUB
C/O Club Manager
3715 Golf Road
Boynton Beach, FL 33436
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
COpy TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall give
4-9-97
Reuse/Qua~l.rdg/restatement_amd
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19
the other party written notice of any defaults hereunder and shall
allow the defaulting party 30 days from the date of receipt to Cure
such defaults, except failure to deliver water on demand.
SECTION 10. Default by Either Party. If any party hereto fails to
perform or comply with any of the conditions of this Agreement, and
if the nonperformance shall continue for a period of thirty (30)
days after the written notice thereof to the non-performing party,
or if the performance cannot be reasonably completed within the
30-day period, or if the nonperforrning party does not in good faith
conunence performance within the 30-day period and does not
diligently proceed to complete performance, the non-performing
party shall be in default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail to
comply with any reuse water rule or regulation of any Federal,
State or County or local agencies, except BOARD, or violate any
permit granted with regard to the use of the irrigation system on
the RECIPIENT's Property and the POA Property, then RECIPIENT shall
indemnify the BOARD, its officers, governing board, employees and
agents against all claims, demands, causes of actions , suits,
judgments, fines, penalties, or losses, including all costs
suffered or incurred by the BOARD by reason of such failure. In
the event -the BOARD shall fail to comply with any rule, regulation,
order of any Federal, State or County or local agency, or fail to
deliver water meeting the quality standards provided by this
Agreement, then the BOARD shall, to the extent allowed by law,
indemnify the RECIPIENT, its officers, board of directors,
employees and agents against all claims, demands, causes of
actions, suits, judgments, penalties, fines, or losses suffered or
incurred by the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall be in
default hereunder as set forth in Section 10, then the other party
shall have the following remedy: bring suit for the breach which
has Occurred without affecting the obligations of the party to
perform the balance of the Agreement. The parties shall have the
right not. only to. injunctive relief, but also to recover any
damages whi.ch a party may iilcur as a result of the breach of ,this
Agreement by the other party. The parties further agr~e that any
litigation shall be brought in Palm Beach County, 'Florida, only,
and the parties agree that the proper venue for any such action
would only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action among
them involving this Agreement or the alleged breach thereof.
SECTION 13. Disclaimers of Third Party Beneficiar.ies. This
Agreement is solely for the benefit of the formal parties hereto
and no right or cause of action shall accrue upon or by reason
hereof or to or from or for the benefit of any third party not a
4-9-97
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20
formal party hereto.
SECTION 14. Severability. If any part of this Agreement is found
invalid or unenforceable by any court, such invalidity or
unenforceability shall not affect the other parts of this
Agreement.
SECTION 15.. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and interpreted
according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the entire
Agreement between the parties hereto with respect to this
transaction and supersedes all prior negotiations and all prior
written or oral understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed by
all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually agreeable
memorandum thereof will be recorded in the public records of Palm
Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the other
party, in writing,. as to the status of its construction document
preparation and construction of associated improvements on a
monthly basis to ensure that both parties' activities are
progressing with reasonable diligence.
SECTION 20. Completion Date. The Board agrees to use its. best
efforts have its Reclaimed Water facilities completed and available
for use for RECIPIENT ?ud RECIPIENT agrees to use its best efforts
to have its Irrigation System complete and to accept delivery of
Reclaimed Water from the BOARD on or before November 1, 1997,
subject to matters beyond the reasonable control of either party.
SECTION 21. Cross-Connection. RECIPIENT desires to connect its
south course irrigation system with its north course irrigation
system, which will require crossing the WOOlbright Road and L-26
canal. In that the BOARD will also have to cross both rights-of-
way to connect its reclaimed water transmission facilities to
RECIPIENT's irrigation system, the BOARD agrees to obtain a price
from its Contractor for the installation of. such pipe for
RECIPIENT. The RECIPIENT shall then be authorized to either
contract directly with the BOARD's Contractor for such pipe
installation or to obtain its own contractor.
4-9-97
Reuse/Quail.rdg/restatement.amd
14
21
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
, 1
/ ',', ,I:
Ii f: . I f>
By: \4--tLLL-l('..cc, i. /O-4~c...u-C!.J;,'-,
- Chfi:fnan ;J
APPROVED AS TO FORM:
...1 /"
/j L---) ///' /
I ..".
Boar~/Attorney I
QUAIL
RIDGE COUNTRY CLUB, INC.
f}~/4 ~<
I
By:
.,/ /''''
APPROVEZBY: ,,/,/ /,;:/"
,,/ /::.-
>~ (':<<~~
Ci ~:t>/o f /r:S~lra:y/.../l3each, Mayor
~;Y{$?~, Mayor
4-9-97
Reuse/Quail.rdg/restatement.amd
15
EXHIBIT B
OPERA TING RESTRICTS
Recipient shall maintain compliance with the following operating restrictions for protecting
humaB bealth, welfare and safety, and the environment
""'.
L The public shall be notified of the use of reclaimed water by posting advisory signs, notes
on score cards or other methods in accordance with Chapter 17-610.468 FAC.
2. Direct connections between the reclaimed water sys1em and irrigation water system shall
not be allowed without the use of appropriate backflow prevention devices.
3. No cross-connection to potable water systems shall be allowed.
4. All reclaimed water valves and outlets sh~l be appropriately color coded and labeled in
accordance wjth Chapter 17-610.170 F AC to warn public and employees that the water
is not intended for drinking.
5. Setback distances to potable water supply wells and the use of low trajectory Dozzles shall
be in accordance with Chapter 17-610.471 F AC.
6. The use of reclaimed water shall be consistent with all applicable federal, sl.ate, and local
laws and re~lations.
Exhibit B
January 1995
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EXHIBIT D
Board sh{l/J monitor the reclaimed water for the fol/ov.'ing parameters and agrees to di\'en reclaimed
water v.hich exceeds the specified limits.
Enclosure
Parameter Sampling Frequency Limirtl)
Turbidit) Cominuous 2 NTU
Chlorine Residual Cominuous 1 (minimum)
ClMoride Continuous 350
CBODG') Daily 20
TSS()) Daily 5
pH Hourly 6 to 7.5 units(5)
7.8 units(6)
Aluminum Annual 1.0
Arsenic Annual 0.] 0
Beryllium Annual 0.] 0
. Boron Annual 0.50
Cadmium Annual 0.01
Chmmiurri Annual o. ]
Cobalt Annual 0.05
Copper Annual 0.2
Fluoride Annual 1.0
Iron Annual S.o
Lead Annual 5.0
Lithium Annual 2.5
Manganese Annual 0.2
Mo]ybdenium Annual 0.005
Nickel Annual 0.02
Selenium Annual 0.02
Vanadium Annual 0.10
Zinc Annual 2,0
Bicarbomne (as GlCO) Annual ]20
Calcium Annual (4)
Magnesium Annual (4)
Sodium Annual (4)
Sodium Adsorntion Ratio . Annual 6 units
(1)
(2)
(3J
(4)
(5)
(6)
Maximum concentration expressedinmglL unless noted.
Carbonaceous Biochemical Oxygen Demand (CBOD).
Total Suspended Solids (TSS). .
Information used in calculation of Sodium Adsorption Ratio (SAR).
Daily average
2-Hour duration
W:.7514\EXHIBIl.D
Exhibit D
January 1995
Pare I of 1
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
AND QUAIL ~IDGE COUNTRY CLUB
CONCERNING DELIYERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS AGREEMENT is made and entered into on this Igi~
day 0 f U.?';,,\-? lj_a~lA_1 1996, by and between South Central
Regional W~stewate~ Treatment and Disposal Board, a municipal
corporation created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Quail Ridge Country Club,
(hereinafter RECIPIENT).
Accordingly, for and in consideration
contained herein, mutual understandings
contained herein, and other consideration,
sufficiency of which is hereby acknowledged
the parties covenant and agree as follows: .
of the recitals
and agreements
the receipt and
by the parties,
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
1.1 The parties hereto represent to one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach (the "Cities"), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest, as it recaptures an otherwise wasted
and unused water resource. The BOARD owns and operates
wastewater facilities which it proposes to_ upgrade to produce
Reclaimed Water suitable for irrigation of areas, such as
golf courses, parks, school grounds and cemeteries, and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1.3 In a norma--l year, RECIPIENTS will irrigate
apprpximately 240 days and most of RECIPIENT'S daily
requirements will be needed during approximately 12 hours
commencing about sundown. BOARD' agrees to use its best
effprts to supply Reclaimed Water on demand to RECIPIENT up to
the volume and at the charge set forth in this Agreement.
RECIPIENT has valuable golf courses that require access to
such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce ReGlaimed
Water but is doing so in reliance upon the RECIPIENT entering
into this Agreement.
12-5-95
REUSE/QUAILRIDGR/DELVERY.AGR
1
1.4 The RECIPIENT owns and controls land which is
described in Exhibit "A" (the "Property"), attached and made
a part hereof by reference.
1.5 RECIPIENT agrees to: (a) irrigate the Property using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of delivery; and (C) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water accepted from' the BOARD and as required to meet any
federal, state, or local requirements, (d) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept t~e Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property, The
BOARD shall be deemed to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of Delivery. After such delivery, the
RECIPIENT shall be deemed to be in possession and control
the reo f .
.1.7 The RECIPIENT agrees to maintain all Federal, State
and governmental permits issued to it and necessary to allow
it -to receive and utili~e the R~claimed Water pursuant to the
terms of this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or
encumber the Property in areas irrigated with the Reclaimed
Water shall not be restricted by this Agreement. This
Agreement shall run with the land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subsequent party in interest
to such golf course or cours.es shall be obligated to receive
and pay for Reclaimed Water under the same terms and
conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
)..9 METER. The design and construction of the metering
facility shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and
RECIPIENT. The meter will be utilized to measure the amount of
Reclaimed Water delivered by the BOARD to RECIPIENT and the
BOARD shall operate, maintain, cause to be calibrated, and
repair said meter.
1. 10 CONSTRUCTION. Upon completion of the engineering
design of the metering facility, and the acceptance of same by
both parties, the metering facility will be constructed by the
BOARD and placed into service.
12-5-95
REUSBIQUAILRIDGBIDBLVERY.AGR
2
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the valves immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appurtenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon.
reasonable advance notice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once per year and repaired if required. Any errors in meter
reading and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall be
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD.
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated December 26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and all
provisions thereof have been contractually approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been obtained, such
approval will be obtained and certified to RECIPIENT before
this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing
this Agreement, the following words, phrases and terms shall
have the following meanings, unless the context requires
otherwise:
2.1 "Agreement" . means this Agreement between BOARD and
RECIPIENT.
2.2 . "FDEP" means the Florida Department of Environmental
Protection, and its successors.
2.3 "Fiscal Year" means October 1 to September 30 of the
following year.
2.4 "GPD" means gallons per day.
2.5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds' and lakes, storage facilities,
if applicable, and pertinent equipment that' are located on
RECIPIENT's property. and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
12-5-95
REUSE/QUAILRIDGEIDELVERY.AGR
3
all applicable governmental regulations and in accordance with
the terms and provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point of delivery" means the point at the meter
which divides the BOARD's wastewater facilities from the
RECIPIENT's irrigation system, or as otherwise noted on
engineering drawings approved by both parties.
2.8 "Reclaimed Water" means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities" means those
facilities necessary for the storage, if applicable,
transportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These facilities include, but are not limited
to, any Reclaimed Water transmission facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may
be designed, permitted and constructed on the Property, if
applicable, or upon the BOARD's property; if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the
'wastewater treatment facility for treatment.
2.13 "Wastewater Facilities" means the BOARD's plant
located at 1801 North Congress Avenue, Delray Beach, Florida,
and Reclaimed Water transmission facilities, including all
interceptors, lines, pipes, meters, couplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water.
SECTION 3. Grant of License and Easement. RECIPIENT hereby
grants to BOARD an easement over the Property, including a 15
foot utility easement to be mutually agreed upon and located
in~the approximate location depicted on Exhibit "C" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and the right to transmit, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if applicable, on the Property in accordance
with and subject to the following conditions:
12-5-95
RRUSE/QUAILRIDGR/ORLVERY.AGR
4
3.1 Desiqn and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
permit, install and operate, at its sole expense, any storage
facility, if applicable, and the irrigation system on the
Property up to the point of delivery.
~. 2 Permits and Approval for the Irriqation SYstem.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation
system: provided, however, that Board shall be responsible
for obtaining and maintaining all permits for Reclaimed Water
disposal facilities. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providing and complying
with all monitoring, sampling, testing, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, permit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 Delivery of ReclaLmed Water. BOARD agrees to use its
best efforts to make available and deliver in the volume and
at the times requested, an annual volume of Reclaimed Water of
at least 224 million gallons (MGY), with maximum volume any
one day up to but not to exceed 1,600,000 (700,000 and 900,000
for north and south connections, respectively) gallons per day
(GPD), at a rate of 3,333 (1,460 and 1,875 .for north and south
connections, respectively) gallons per minute (GPM), for use
on the Property and, at its cost, to connect the BOARD's
Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and
as shown in Exhibit "C". Both RECIPIENT and BOARD recognize
that water supply and demand will vary depending on a number
of factors, primarily climatic conditions.
3.4 Ouali ty of Reclaimed Water. BOARD shall make
available to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 62-610, Florida Administrative Code, or
its successor Code provisions, or of a quality consistent with
more stringent requirements that may be .imposed by any
governmental agency having j~risdiction and legal authority.
In recognition of the need to supply Reclaimed Water, the
BOARD shall also be required to comply with effluent
limitations set forth in Exhibit "D". All Reclaimed Water
12-5-95
REUSE/QUAILRIDGE/DELVRRY.AGR
5
made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to
remove harmful levels of bacteria, viruses, and other
constituents or pollutants which could constitute a danger to
human health, and in accordance with all applicable federal,
state and local laws, rules, regulations, POlicies,
ordinances, resolutions, orders and permits and the
requirements of E"xhibit "D". BOARD shall provide Continuous
mpnitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and
monitoring of Reclaimed Water as required by local, state and
federal regulations and "by Exhibit "D". BOARD agrees to
divert away as expeditiously as Possible, from the irrigation
system, any Reclaimed Water which does not comply with the
terms and conditions of this Agreement or which does not meet
the applicable state, federal or local laws and regulations
and to promptly and fully notify RECIPIENT of such action.
Copies of all test results shall be available to RECIPIENT
upon request.
3.5 Minimum Purchase of Recla.imed Water b RECIPIENT.
Upon receipt of all necessary governmental permits and
approvals by all parties and completion of construction of
wastewater facilities and continuing for so long as BOARD
complies with the requirements set forth in this Agreement,
RECIPIENT has an obligation to pay for at least -:h!4 "'illron 11'.1 ... I (. ~ I (
gallons annually of Reclaimed Water for spray irrigation on
the Property, subject to conditions as set forth in Section
3.3 of this Agreement. Notwi thstanding anything to the
contrary, Recipient shall not be obligated to accept delivery
of or pay for Reclaimed Water which does not comply with
the terms and conditions of this agreement. Such exception to
RECIPIENT'S obligation to accept delivery of such Reclaimed
Water by reason of the Board's failure .to meet the water
quality standards required in this Agreement shall relieve
RECIPIENT of its obligation to pay BOARD for the minimum
annual volume set forth above at the rates determined pursuant
to Paragraph 5 below only to the extent that the BOARD shall
not have made available to RECIPIENT such annual minimum
volume of Reclaimed Water meeting the requirements of this
Agre~ment through the completion of the then current fiscal
year. Recipient shall not transfer the water provided by
Board to any third party Or off of the Recipient's property
which is the subject of this agreement.
o
',. ~
'(i ~
4\ .
v
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the
point(s) of ~elivery.
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right. to the exclusive receipt of BOARD's
Reclaimed Water SUpply.
12-5-95
RBUSE/QUAILRIDGR/DELVERY.AGR
6
3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
time.
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for a period of twenty. (20) years commencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall be automaticalLy extended for
successive periods of ten (10) years, each, upon the same terms
and conditions as herein prOVided, unless either party hereto
notifies the other by certified mail at least three years
prior to the expiration of the initial term of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended.
4.2 PaYment of Fees. In return for and in consideration
of BOARD's construction of facilities and delivery of
Reclaimed Water~ RECIPIENT agrees to pay BOARD a one-time
connection fee of $8,600.00 ($4,300.00 each for north and
south connections) and a volume charge of 20c for each 1,000
gallons of Reclaimed Water used, (the "Volume Charge") but on
an annual basis not less than the above rate times the minimum
quantity RECIPIENT has agreed to purchase under Section 3.5
together with a storage charge equal to 8 C (the "Storage
Charge") for each 1,000 gallons of Reclaimed Water, the Volume
Charge for whiGh is paid for by RECIPIENT, as provided above.
Such Storage Charge shall remain constant and shall not be
adjusted during the term of this Agreement or any extension
hereof. Payment of the connection fee shall be in one lump
sum no later than the commencement of construction of the
modification to the BOARD' s wastewater facilities for the
treatment and production of Reclainied Water. The Volume
Charge shall remain constant Until the expiration of the
third ( 3 ) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the
time BOARD commences or makes available delivery of Reclaimed
Water and the end of the first fiscal year, such first year
shall, n9t count as the first fiscal year), after which the "
price will be redetermined as provided in Section 5. The
BOARD shall render billings to RECIPIENT for the volume charge
on a,monthly baSis for such applicable charges on the baSis of
the greater of the actual Reclaimed Water delivered or the
volume charge for 1/12th of the minimum guaranteed annual
volume agreed to be accepted by RECIPIENT pursuant to Section
3.5 above; provided that RECIPIENT shall pay no more, on a
fiscal year basis, than (i) such minimum annual guaranteed
volume charge or (ii) Charges for Reclaimed Water actually
accepted during the fiscal year, whichever is more.
12-5-95
REUSE/QUAILRIDGE/DELVERY.AGR
7
4.3 In the event the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action or inaction on the part of the RECIPIENT,
the RECIPIENT shall be entitled to a credit for such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted. after the first three (3)
fiscal years as aforesaid upward or downward based on one-half
(!) of the year-to-year chang~ in the actual operating costs
of producing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, such Volume Charge shall never be less than 20c per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 20c per
thousand gallons. The first such adjustment shall OCcur
effective the first day of the fourth fiscal year following
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (!) the. relative increase or decrease
in actual operating costs incurred Py the BOARD during the
second fiscal year of delivery of Reclaimed Water to RECIPIENT
as compared to the third fiscal year and for each subsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge.. Actual operating costs ("Actual Operating Costs")
shall be determined in conformity with generally accepted
accounting principles consistently applied, except the
depreciation of p1ant and equJpment and any other provision
for capital recovery, including interest on long term debt,
shall not be included as operating costs,. as such costs are
properly allocable to wastewater customers. Any increase or
decrease in the Volume Charge shall be determined as soon as
reasonably practicable and shall be effective retroactive to
the scheduled date of adjustment and a sum due to the BOARD
as a result of the retroactive effect of such adjustment or
the credit due the RECIPIENT, if applicable, shall be
reflect~d in the next billings regularly subm~tted by BOARD to
RECIPIENT as provided in Subparagraph 5.4.
~ 5.1 BOARD personnel shall establ.ish, or cause to be
established, and maintain an accounting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of operating costs on other than an actually
incurred basis. By way of example, the parties agree that all
operating and maintenance costs of labor, chemicals and power,
12-5-95
RKUSE/QUAILRIDGR/DELVERY.AGR
8
permits, regulatoDI requirements, legal, engineering,
administration, testing, meter calibration and contract
services may be allocated based on appropriate data or
studies. Such current operating costs shall be recorded on a
consistent basis from month to month and year to year, and the
tdtal for each fiscal year shall be used to calculate a cost
per thousand gallons of Reclaimed Water delivered beginning
with the second fiscal year after the plant starts to deliver
Reclaimed Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
1998 to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year October 1, 1997
through September 30, 1998 was 21~. Further, aSsume that the
Actual Operating Cost of producing and delivering Reclaimed
Water to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October 1, 1997, through September 30,
1999) increased from 21~ per thousand gallons to 23~ per
thousand gallons. The index for increase would be calculated
by dividing the base cost of 2l~ per thousand gallons into
one-half (t) the 2~ increase in cost, resulting in an increase
of 4.76% to the previous years' Volume Charge of. 20~ per
thousand gallons for the fourth fiscal year, equal to 20.95~
per thousand gallons (j x 2 = 1 + 21~ = .0476, then 20~ x
1.0476 = 20.95~).
5.3 As soon as reasonably practical, after each fiscal
year for which the contract price is subject to adjustment ,
the BOARD shall prepare a statement showing in reasonable
detail the actual operating costs to produce Reclaimed Water
from effluent for the latest two fiscal years. For each such
year, the statement shall also show (1) the number of gallons
in thousands of Reclaimed Water delivered ,to Reclaimed Water
users, (2) the cost per thousand gallons of Reclaimed Water
calculated by diViding such ,operating costs by such gallons,
(3) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to the later year, and
(4) the calculation of the adjusted price for the later year.
This statement shall be-deemed to be the responsibility of the
BOARQ, and the BOARD's Executive Director shall attest in
writing' to the propriety of the costs and calculations shown
thereon. .
5.4 By January 15 of each year, the BOARD'S Executi ve
Director shall submit to RECIPIENT th~ SUpplemental statement
set forth in the . preceding paragraph, together with the
attestation thereto by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credi t showing ( 1) the amount paid by the RECIPIENT for
Reclaimed Water delivered in the current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the CUrrent
12-5-95
RRUSR/QUAILRIDGR/DELVERY.AGR
9
fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
be either paid promptly by the RECIPIENT, or shown as a credit
in the next billing to the RECIPIENT.
5.5 For billing purposes only prior to the determination
of actual costs for adjusting the Volume Charge, during each
year subj ect to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for the current year in the price adjustment calculation
set forth above.
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
5.7 Notwithstanding the above provisions, the price paid
by the RECIPIENT for Reclaimed Water shall be adjusted
downward in the event the BOARD offers Reclaimed Water to any
other non-governmental customer(s) upon substantially similar
terms and conditions for the same use of the Reclaimed Water
at a lower charge than RECIPIENT is or will be paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes 'shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided .to the BOARD for encouraging wastewater reuse and
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water faCility, as opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed,' to its Reclaimed
Water facility operating costs.
5.9 The parties to this Agreement agree and recognize
that RECIPIENT is under no legal or other obligation to enter
into this AgJ;eement.for reuse of wastewater. RECIPIENT
curr~ntly has operating permits from FDEP and the Water
Management District to pump surface and ground water for all
RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump
this surface and ground water is substantially less than the
charges RECIPIENT will pay for Reclaimed Water under this
Agreement. RECIPIENT'S only consideration and motivation to
enter into this Agreement is to insure sufficient irrigation
water by receiving its full allocation of Reclaimed Water on
demand in accordance with the rate and delivery conditions set
forth in this Agreement, free from adverse environmental or
climatic impact. RECIPIENT'has determined that the benefits
of this Agreement are only marginally economically feasible.
12-5-95
RRUSE/QUAILRIDGE/DELVERY.AGR
10
Therefore, if as a result of any action by the BOARD, the City
of Delray Beach or the City of Boynton Beach, RECIPIENT would
be required to pay charges in excess of those established
under Section 5, then RECIPIENT shall have the option of
canceling this Agreement upon sixty (60) days advance written
notice to the BOARD.
SECTION 6. Inspection. BOARD shall have the right to enter
RECIPIENT's property, upon proper identification and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation, safety T
protection, or preservation thereof, to deter.mine compliance
with any law, order or regulation of any governmental
authority having jurisdiction, and for sampling at any
mo~itoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
any reasonable time, for the purpose of determining whether
the BOARD is in compliance with this Agreement.
SEC~ION 7. Assignments. This Agreement can be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
assignee shallassUIDe this Agreement and shall demonstrate to
BOARD its financial ability to comply with the provisions
hereof.
SECTION 8 . Notices; Proper Form. Any notice required or
allowed to be delivered hereunder sha.ll be in writing and
shall be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, (2) upon receipt of such
notice when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to a party at the address set forth opposite the party' name
below, or at .such other address as the party shall have
specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach, FL 33445
RECIPIENT
QUAIL RIDGE COUNTRY CLUB
C/O Club Manager
3715 Golf Road
Boynton Beach, FL 33436
12-5-95
REUSE/QUAILRIDGE/DELVERY.AGR
11
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
COpy TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Defaul~. Each of the parties hereto shall
give the other party written notice of any defaults hereunder
and shall allow the defaulting party 30 days from the date of
receipt to cure such defaults, except failure to deliver water
on demand.
SECTION 10. Default by Either Party. If any party hereto fails
to perform or comply with. any of the conditions of this
Agreement, and if the nonperformance shall continue for a
period of thirty (30) days after the written notice thereof to
the non-performing party, or if the performance cannot be
reasonably completed within the 30-day period, or if the non-
performing party does nQt in good faith commence performance
within the 30~day period and does not diligently proceed to
complete performance, the non-performing party shall be in
default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit granted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shall indemnify the BOARD, its officers, governing board,
employees and agents against all claims, demands, causes of
actions, suits, judgments, fines, penalties, or losses,
including all costs suffered or incurred by the BOARD by
reason of such failure. In the event the BOARD shall fail to
comply with any rule, regulation, order of any Federal, State
or County or local agency, or fail to deliver water meeting
the quality standards provided by this Agreement, then the
BOARD shall, to the extent allowed by law, indemnify the
RECIPIENT, its officers, board of directors, employees and
agents against all claims, demands, causes of actions, suits,
12-5-95
REUSE/QUAILRIDGE/DELVERY.AGR
12
judgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall
be in default hereunder as set forth in Section 10, then the
other party shall have the following remedy: bring suit for
the breach which has occurred without affecting the
obligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Palm Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action
among. them involving this Agreement or the alleged breach
thereof.
SECTION 13. Disclaimers of Third Party Beneficiaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action shall aCcrue Upon or by
reason hereof or to or from or for the benefit of any third
party not a formal party hereto.
SECTION 14. Severability. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity
or unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire Agreement between the parties hereto with respect.to
this transaction and supersedes all prior negotiations and all
prior written or oral understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplern~nted or discharged by an instrument in writing signed
by all parties hereto.
SECTION 18. Recordation. This' Agreement or a mutually
agreeable memorandum thereof will be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the
other party, in writing, as to the status of its construction
document preparation and construction of' associated
improvements on a monthly basis to ensure that both parties'
activities are progressing with reasonable diligence.
12-5-95
RRUSR/QUAILRIDGE/DELVERY.AGR
13
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts to have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November I, 1997, subject to matters beyond the reasonable
control of either party.
SECTION 21. Cross-Connection. RECIPIENT desires to connect
its south course irrigation system with its north course
irrigation system, which will require crossing the Woolbright
Road and L-26 canal. In that the BOARD will also have to
cross both rights-of-way to connect its reclaimed water
transmission facilities to RECIPIENT's irrigation system, the
BOARD agrees to obtain a price from its Contractor for the
installation of such pipe for RECIPIENT. The RECIPIENT shall
then be authorized to either contract directly with the
BOARD's Contractor for such pipe installation or to obtain its
own contractor.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISW~SAL BOARD
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By:
ATTESTED BY:
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APPROVED AS TO FORM: 1
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Board Attorney ff
APPROVE. .p;-~~:. . '. L.
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l' .,,f}::f. .~ . ~.~_____
,. //./47 _ - .J' _
C~ty of Defray Beach, Mayor
APP:::Jh2
City of BOYnton ach, Mayor
/vlt /9 r
12-5-95
REUSE/QUAILRIDGE/DELVRRY.AGR
14
E..,UllBIT A
LEGAL DESCRIPTION OF PROPERTY
(To Be Provided By Recipient)
gUAIL RIDGE (A PLANNED UNIT DEVELOPMENT)
PLAT NO.1
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SE~TION 36. TOWNSHIP 45 SOUTH. RANGE 42 EAST. Al'ID A
PORTION OF THE NW 1/4 OF SECTION 31. TOWNSHIP 45 SOUTH.
RANGE 43 EAST. VlLLAGE OF GOLF AND PALM BEACH COUNTY.
FLORlDA
PLAT NO.2
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SECTION 36. TOWNSHIP 45 SOUTH RANGE 42 EAST. PALM
BEACH COUNTY. FLORIDA
PLAT NO.3
BEING A SUBDIVISION OF A PORTION OF THE N 1/2 OF SECTION
36, TOWNSHIP 45 SOUTH. RANGE 42 EAST,
VILLAGE OF GOLF AND PALM BEACH COUNTY. FLORIDA
PLAT NO. 3A
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 36. TOWNSHIP 45 SOUTH. RANGE 42 EAST. PALM
BEACH COUNTY. FLORIDA
PLAT NO.4
BEING A SUBDIVISION OF A PORTION OF THE N 1/2 OF SECTION
- . -'
36, TOWNSHIP 45 SOUTH. RANGE 42 EAST. PALM BEACH .
COUNTY, FLORIDA
PLAT NO.5
BEING A SUBDIVISION OF A PORTION. OF THE NE 1/4 OF
SECTION 36. TOWNSHIP 45 SOUTH. RANGE 42 EAST AND A
PORTION OF THE NW 1/4 OF SECTION 31. TOWNSHIP 45 SOUTH.
RANGE 43 EAST PALM BEACH COUNTY. FLORIDA.
PLAT NO. 6
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31. TOWNSHIP 45 SOUTH. RANGE 43 EAST. VILLAGE
OF GOLF AND PALM BEACH COUNTY. FLORIDA
PLAT NO. 7
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF
OF SECTION 31. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM
BEACH COUNTY, FLORIDA
Page 1 of 3 - Exhibit "
r- 1"1"'" ,..._
PLAT NO.8
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF
OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PAlM
BEACH COUNTY, FLORIDA
PLAT NO. 9
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF
OF\SECTION 31. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 10
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND A
PORTION OF THE NE 1/4 OF SECTION 36, TOWNSHIP 45" SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA
PLAT NO. 11
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE' 43 EAST, PALM
BEACH COUNTY. FLORIDA
PLAT NO. 12
BEING A SUBDIVlSION OF A PORTION OF THE NE 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH, RANGE 42 Ei\BT, PALM
BEACH COUNTY. FLORIDA .
PLAT NO. 13
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY. FLORIDA
PLAT NO. 14 .
IN SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM
. BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 105.
119. 120 AND PORTIONS OF TRACTS 73. 74.87.88. 106, 107. 117
AND 118 PALM BEACH FARMS COMPANY PLAT NO.8. SECTION
30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PLAT BOOK 5. PAGE
73 AND OTHER LANDS
PLAT NO. 15
IN SECTION 30. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 53.54.75,76.85 AND 86 PALM BEACH FARMS
COMPANY PLAT NO.8. SECTION 30, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS
Page 2 of 3 - Exhib
~. ""
PLAT NO. 16
IN SECTION 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM
BEACH COUNTY, FLORIDA. BEING A RE-PLAT OF PORTIONS OF
TRACTS 73. 74, 75, 86. 87 N\ID 88 PALlY! BEACH FARMS
COlVIPANY PLAT NO.8. SECTION 30. TOWNSHIP 45 SOUTH,
RANGE 43 EAST. PLAT BOOK 5, PAGE 73 AND OTHER LANDS
1'.\ PLAT NO. 17
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA. BEING A RE-PLAT OF PORTIONS OF
TRACTS 85,86,87, 106, 107, 108, 117 AND l18 PALM BEACH
FARl\1S COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45
SOUTH, RANGE 43 EAST. PLAT BOOK 5, PAGE 73 AND OTHER
LANDS
PLAT NO.. 18
IN SECTION 30, TOWNSHIP 45 SOUTH; RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA. BEING A RE-PLAT OF PORTIONS OF
TRACTS 51. 52,53,54,76,77,78, 84 AND 8 PALM BEACH
FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45
SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER
LANDS
PLAT NO. 19
IN SECTION 30, TOWNSHIP 45 SOUTH; RANGE 43 EAST, . PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 19,20,
45 AND 46 AND PORTIONS OF TRACTS 1:2,13,14,21. 43,44,51,
52, 53 AND 54 PALM BEACH FARMS COMPANY PLAT NO.8,
SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK
5, PAGE 73 AND OTHER LANDS
PLAT NO. 20
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH ~OUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 22, 41,
42 AND PORTIONS OF TRACTS 11. 12,21,43,53,54.55 AND 56
PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30,
TOWNSHIP 45 SOUTH, Rfi..NGE 43 EAST. PLAT BOOK 5, PAGE 73
AND OTHER LANDS
PLAT NO. 21
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORlDA. BEING A RE-PLAT OF TRACTS 115.
116. 110. 109.83 AND PORTIONS OF TRACTS 117. 108.84,85.
78.77.51 AND 52 PALM BEACH FARMS CONIPANY PLAT NO.8,
SECTION 30, TOWNSI-ITP 45 SOUTH. RANGE 43 EAST, PLAT BOO~
5, PAGE 73 AND OTHER LANDS
P::><5". ~ nf3 - Exhib
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EXHIBIT B
OPERA TING RESTRlCTS
Recipient shall maintain compliance with the foJJnwing operating restrictions for protecting
human bealth, welfare and safety, and the environment
11\.
L The puhlic shaJl be notified of the Use of reclaimed Water by posting advisory signs, notes
on Score cards or other methods in accordance with Chapter 17-610.468 F AC
2. Direct connections between the reclaimed Water system and irrigation water system shall
not be aJ/owed without the use of appropriate backflow prevention devices.
. 3. No cross-connection to potable water systems shall be allowed.
4. AJJ reclaimed Water valves and outlets sh~1 be appropriately color coded and labeled in
accordance with Chapter I 7~ J 0 A 70 FACto Warn public and employees that th e water
is not intended for drinking.
5. Setback distances to potable Water supply weUs and the use of Jaw tra.ieaory nozzles shaJI
be in accordance with Chapter J7-61 0.471 FAC.
6. The use of reclaimed water shaJJ be consistent with aU applicable federal, SUite, and local
laws and regulations.
.Il:.~S74\EXHmrr.B
Exhibit B
January J 995
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EXHIBIT 0
Enclosure 'A'
Board s~11 monitor the redaimed water for the following parameters and agrlXS to divcn reclaimed
water v.hich ocecds the specified limits.
Parameter Sampling Frequency Limit!/)
Turbidity Continuous 2 NnJ
Chlorine Residual Continuous (m inimum)
C!Moride Continuous 350
CBOD(~) Daily 20
TSS(3) Daily 5
pH Hourly 6 to 7.5 uni15(5)
7.8.units(6)
Aluminum Annual 1.0
Arsenic Annual O.JO
Beryllium Annual 0.10
Boron Annual 0.50
Cadm ium Annual 0.01
Chromium Annual 0.]
Coball Ann ual 0.05
Copper Annual 0.2
Fluoride Annual 1.0
Iron Annual 5.0
Lead Annual 5.0
Lithit;m Annual 2.5
Manganese Annual 0.2
Molybdenium Annual O.OOS
Nickel Annual 0.02
Selenium Annual 0.02
Vanadium Annual D.IO
Zinc Annual 2,0
Bicarbonate, (as Caeo:;) Annual 120
Calcium Annual (4)
Magnesium Annual (4)
Sodium Annual (4)
Sodium Adsomtion Ratio Annual 6 units
(l)
Q)
(3)
(4)
(5)
(6,
Maximum concentration expressed .in mgIL unless noted.
Carbonaceous Biochemical Ox.ygen Demand (CBOD).
Total Suspended Solids (TSS).
Infonnation used in calculation of Sodium Adsorption Ratio (SAR).
Daily average
2-Hour duration
W:.J::7~\EXHIBIl.D
Exhibit D
January 1995
Pa~lofl
1=f::1l
K05-087 .,
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL W ASTEW A TER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Quail
Ridge Country Club, concerning delivery and acceptance of reclaimed water dated the 5th day of
August, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water
Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
-
2. BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created underthe said Reclaimed Water Agreement pursuant to this assignment.
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
.---SOO-TH CENTRAL REGIONAL W ASTEW A TER
T TMENT AND DISPOSAL BOARD
By:
Printed Name: Mu ire.
'"
t~
Chairman
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
- .~~, ,') .--::~) k:,
7
FIRST AMENDMENT AND RESTATEMENT OF
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WAsTEWATER TREATMENT AND DISPOSAL
BOARD AND QUAIL RIDGE COUNTRY CLUB
CONCERNING DELIVERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS FIRST AMENDMENT AND RESTATEMENT of that certain
AGREEMENT dated January 18, 1996, is made and entered into on this
~ day of .st.V~b4: , 1997, by and between South
Central Regional astewater Treatment and Disposal Board, a
municipal corporation created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Quail Ridge Country Club, Inc.
(hereinafter RECIPIENT).
WIT N E SSE T H:
WHEREAS, the BOARD and RECIPIENT have heretofore entered into
that certain Agreement Concerning Delivery and Acceptance of
Reclaimed Water dated January 18, 1995; and
WHEREAS, RECIPIENT has requested an Amendment to. such
Agreement to provide for' additional volumes of reclaimed water in"
order to allow RECIPIENT to supply reclaimed water for landscape
irrigation purposes to the Quail Ridge Property Owner's
ASSOCiation, Inc. , (the "POA"), pursuant to the contractual
relationship between RECIPIENT and the POA; and
WHEREAS, the BOARD is agreeable to amending said Contract to
provide the additional volumes requested pursuant to the terms and
conditions set forth in this Amendment.
Accordingly, for and in consideration of the recitals
contained herein, mutual understandings and agreements contained
herein, and other conSideration, the receipt and sufficiency.of
which is hereby-acknowledged bY.itheparties, the parties covenant
and agree as follows: ". .
SECTION 1. Reci.tals. The below recitals are true and correct
and form a material 'part of this Agreement.
1.1 The parties hereto represent to one another that each has
the full power and authority to enter into this Agreement and to
carry out their respective obligations thereunder. The BOARD is
composed of the Cities of Boynton Beach and Delray Beach (the
"Cities"), pursuant to an Interlocal Agreement entered into
pursuant to Chapter 163, Florida Statutes.
4-9-97
Reuse/Quail.rdg/restatement.amd
1
8
1.2 The parties recognize that reuse of Reclaimed Water is in
the public interest, as it recaptures _ an otherwise wasted and
unused water resource. The BOARD owns and operates wastewater
facilities which it proposes to upgrade to produce Reclaimed Water
suitable for irrigation of areas, such as golf courses, parks,
school grounds, cemeteries, and landscaping irrigation, and
RECIPIENT is willing to accept such Reclaimed Water for irrigation
purposes in the public interest.
1.3 In a normal year, RECIPIENTS will irrigate approximately
240 days and most of RECIPIENT'S daily requirements will be needed
during approximately 12 hours commencing about sundown. BOARD
agrees to use its best efforts to supply Reclaimed Water on demand
to RECIPIENT up to the volume and at the charge set forth in this
Agreement. RECIPIENT has valuable golf courses that require access
to such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance upon the RECIPIENT entering into
this Agreement.
1.4 (a) The RECIPIENT owns and controls land (the "Property")
which is described in Exhibit "A", attached and made.a part hereof
by reference; (b) The RECIPIENT by contractual relationship will
have obtained the right to provide reclaimed water for landscaping
irrigation purposes to the POA's properties (the "POA Property")
which lie within the property described in Exhibit "A."
1 . 5 RECIPIENT agrees to: (a) irrigate the Property and
provide reclaimed water for irrigating the POA - Property using
Reclaimed Water; (b) maintain the storage facility, if applicable,
ponds and lakes, if applicable, pumps and irrigation system to be
located on the Property from the point of delivery; and (c) upgrade
its irrigation system when reasonable and economical to utilize the
volume of Reclaimed Water accepted from the BOARD and as required
to meet any federal, state, or local requirements, (d) maintain
compliance with the operating restrictions for protecting human
health and the environment attached thereto as Exhibit "B."
1. 6 RECIPIENT shall accept the Reclaimed Water delivered by
the BOARD and use it for irrigation of the P~operty and the POA
Property. The BOARD shall be deemed to be in possession and
control of the Reclaimed Water until it shall have been delivered
to the RECIPIENT at the Point of Delivery. Aftersuch~delivery,
the RECIPIENT shall be deemed to be in possession and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State and
governmental permits issued to it and necessary to allow it to
4-9-97
Reuse/Quail.rdg/restatement.amd
2
9
receive and utilize the Reclaimed Water pursuant to the terms of
this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or encumber
the Property in areas irrigated with the Reclaimed Water shall not
be restr ictect by this Agreement. This Agreement shall run with the
land so long as the use of a major portion of the Property shall
continue to be for golf course and related purposes. Any
subsequent party in interest to such golf course or courses shall
be obligated to receive and pay for Reclaimed Water under the same
terms and conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1. 9 . METER. The design and construction of the metering
facility shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and RECIPIENT. The
meter will be utilized to measure the amount of Reclaimed Water
delivered by the BOARD to RECIPIENT and the BOARD shall operate,
maintain, cause to be calibrated, and repair said meter.
1.10 CONSTRUCTION. Upon completion of the engineering design
of the metering facility, and the acceptance of same by both
parties, the metering facility will be constructed by the BOARD and
placed into service.
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Recla~ed Water meter and
related appurtenances and the lines interconnecting BOARD's system
into the metering facility, including all valves and appurtenances
up to and including the discharge flanges of the valves immediate1y
downstream of the meter. The parties agree that the RECIPIENT
shall have reasonable access to the metering faCility, to a11
other Reclaimed Water meters, check valves, and any other
appurtenances thereto, to verify flows, meter readings, meter
calibrations, efficiency of the check valves, and any other
performance data necessary to the operations of the Interconnection
facility upon reasonable advance notice to. the Board. The ,metering
device shall be tested and calibrated, at:BOARD~s,expense,.'at'>1east;>..
once per year and repaired~if:'requi.red. 'AnY~eJ::J:Ors';:in meter:',reading.:,
and any' discrepancy in. meter results from a true' and correct
measure of Reclaimed Water flow to RECIPIENT shall be adjusted
properly and retroactively to reflect the flow to RECIPIENT. Any
incorrect metering device shall be repaired. forthwith by the BOARD.
1 . 12 This agreement has been duly authoriz~d by call named
parties. Pursuant to Section 3 (C) of the Interlocal Agreement
dated December 26, 1974, between the City of Boynton Beach and the
City of Delray Beach, this Agreement and all provisions thereof
have been contractually approved by a majority vote of each City
Council as the act of each City, or, if such approval has not
4-9-97
Reuse/Quail.rdg/restatement.amd
3
10
already been obtained, such approval will be obtained and certified
to RECIPIENT before this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing this
Agreement, the following words, phrases and terms shall have the
following meanings, unless the context requires otherwise:
2 . 1 "Agreement" means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP" means the Florida Department of Environmental
Protection, and its successors.
2.3 "Fiscal Year" means October 1 to September 30 of the
following year.
2.4 "GPD" means gallons per day.
2.5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds and lakes, storage facilities, if
applicable, and pertinent equipment that are located on RECIPIENT's
property and used to store, spray and irrigate with Reclaimed Water
that has been treated in accordance with all applicable
governmental regulations and in. accordance with the terms and
provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point of delivery" means the point at the meter which
divides the BOARD's wastewater facilities from the RECIPIENT's
irrigation system, or as otherwise noted on engineering drawings
approved by both parties.
2 . 8 "Reclaimed Water" means wastewater that has been treated
in accordance with Section 3.4 of this Agreement.
2 . 9 "Reclaimed Water Disposal Facilities" means those
facilities necessary for the. storage, if applicable, transportation
and disposal of wastewater' previously treated "in < acCordance with
applicable ,local , state and federal standcirds and limitation at the
plant to the standard of Reclaimed Water. These facilities include,
but are not limited to, any Reclaimed Water transmission
facili~ies, irrigation systems and storage facilities, if
applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may be
designed, permitted and constructed on the Property and the POA
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11
Property, if applicable, or upon the BOARD's property, if
applicable, and which are necessary to store and hold Reclaimed
Water in a manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the wastewater
treatment facility for treatment.
2.13 "Wastewater Facilities" means the BOARD's plant located
at 1801 North Congress Avenue, Delray Beach, Florida, and Reclaimed
Water transmission facilities, including all interceptors, lines,
pipes, meters, couplings, pumps, force mains, and appurtenant
equipment necessary to treat and transmit the Reclaimed Water.
SECTION 3. Grant of License and Easement. RECIPIENT hereby grants
to BOARD an easement over the Property including a 15 foot utility
easement to be mutually agreed upon and located in the approx~ate
location depicted on Exhibit "C" attached hereto, to allow
construction, operation, maintenance and repair of the BOARD's
Reclaimed Water transmission main to the point of delivery, and the
right to transmit, deliver and dispose of Reclaimed Water through
the irrigation system and storage facility, if applicable, on the
Property in accordance with and subject to the following
conditions:
3.1 Desiqn and installation of Certain Facilities. BOARD
agrees to deSign, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Recla.imed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed Water at
the point of delive:t:y. RECIPIENT agrees to design, permit, install
and operate, at its sole expense, any storage facility, if
applicable, and the irrigation system on the Property and the POA
Property up to the point of delivery.
3.2 Permits and Approval for the Irriqation System.
Recipient shall be .responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation system:
provided, however, .thatBocird shall be responsible for obtaining
and maintaining all permits for Reclaimed Water disposal
facilities. For all wastewater facilities located on its side of
the point of delivery, Board shall be solely responsible for
obtai.ni:ng, compiling, providing and complying' with all monitoring,
sampling, testing, and reporting requirements for the Reclaimed
Water, which may be imposed by government law, rule, permit, or
approval. Recipient shall grant Board upon reasonable advance
notice to RECIPIENT access to the irrigation system as needed to
assure continued compliance with applicable laws and regulations,
including, but not limited to, any monitoring or testing
requirements.
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3.3 Delivery of Reclaimed Water. BOARD agrees to use its best
efforts to make available and deliver in the volume and at the
times requested, an annual volume of Reclaimed Water of at least
584,000,000 gallons (MGY), with maximum volume anyone day up to
but not to exceed 3,690,000 (1,230,000 north connection and
2,460,000 south connection respectively) gallons per day (GPO), at
a rate of 7,688 (2,563 north connection and 5,125 south
connection respectively) gallons per minute (GPM), for use on the
Property and the POA Property and, at its cost, to connect the
BOARD's Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and as
shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water
supply and demand will vary depending on a number of factors,
primarily climatic conditions.
3.4 Quality of Reclaimed Water. BOARD shall make available
to RECIPIENT Reclaimed Water of a qtiality consistent with the
requirements of "public access" treatment levels as set forth in
Chapter 62-610, Florida Administrative Code, or its successor Code
provisions, or of a quality consistent with more stringent
requirements that may be imposed by any governmental agency having
jurisdiction and legal authority. In recognition of the need to
supply Reclaimed Water, the BOARD shall also be required to comply
with effluent limitations set forth in Exhibit "D". All Reclaimed
Water made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to remove
harmful levels of bacteria, viruses, and other constituents or
pollutants which could constitute a danger to human health, and in
accordance with all applicable federal, state and local laws,
rules, regulations, policies, ordinances, resolutions, orders and
permits and the requirements of Exhibit "0". BOARD shall provide
continuous monitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and monitoring
of Reclaimed Water as required by local, state and federal
regulations and by Exhibit "0". BOARD agrees to divert away as
expeditiously as possible, from the irrigation system, any
Reclaimed Water which does not comply with the terms and
conditions of this Agreement or which does not meet the applicable
state, federal-or local "laws and regulations and.to promptly and
fully nbti:fy RECIPIENT of such action. Copies of all test results
shall be available to RECIPIENT upon request.
3.5 Minimum Purchase of Reclaimed Water bv RECIPIENT. Upon
receipt of all necessary governmental permits and approvals by all
parties and completion of construction of wastewater facilities and
continuing for so long as BOARD complies with the requirements set
forth ~n this Agreement, RECIPIENT has an obligation to pay for at
least 440,000,000 million gallons annually of Reclaimed Water for
spray irrigation on the Property and the POA Property, subject to
condi tions as set forth in Section 3.3 of this Agreement.
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Notwithstanding anything to the contrary, Recipient shall not be
obligated to accept delivery of or pay for Reclaimed Water which
does not comply with the terms and conditions of this agreement.
Such exception to RECIPIENT'S obligation to accept delivery of such
Reclaimed Water by reason of the Board's failure to meet the water
quality standards required in this Agreement shall relieve
RECIPIENT of its obligation to pay BOARD for the minimum annual
volume set forth above at the rates determined pursuant to
Paragraph 5 below only to the extent that the BOARD shall not have
made available to RECIPIENT such annual minimum volume of Reclaimed
Water meeting the requirements of this Agreement through the
completion of the then current fiscal year. Recipient shall not
transfer the water provided by Board to any third party for use off
of the Recipient's or the POA Property. Notwithstanding the
foregoing, the minimum purchases as above described shall be broken
down into two (2) phases:
a. Phase I - for the irrigation of the Property (the
golf courses) the RECIPIENT obligation shall commence at the t~e
and in the manner as specified in this Agreement with respect to
180,000,000 million gallons year (MGY).
b. Phase II - for the irrigation of the Property and
the POA Property the minimum obligations as described above shall
be increased to 440,000,000 million gallons per year (MGY) upon
connection of the supply lines from the RECIPIENT system to the
POA's delivery system, provided that such connection and increase
in the obligation shall occur not later than
six months (6) following the delivery of Reclaimed Water for Phase
I, above.
3 . 6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the point (s )
of delivery.
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOARD's Recla~ed
Water supply.
3 . R',l'he BOARD agrees that it will not enter into contracts
with other recipients of Reclaimed Water for more than its daily
supply capacity as the same exists from time to time.
SECTION 4. Term and Fees
4.1 Ternl. The Easement and this Agreement shall be in effect
for a period of twenty (20) years commencing on the date of
execution of this Agreement. The term - of the Easement and this
Agreement shall be automatically extended for successive periods of
ten (10) years each, upon the same terms and conditions as herein
4-9-97
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1 tl
provided, unless either party hereto notifies the other by
certixied mail at least three years prior to the expiration of the
initial term of this Agreement or any renewal thereof, that this
Agreement shall not be so extended.
4.2 Payment of Fees. In return for and in consideration of
BOARD's construction of facilities and delivery of Reclaimed
Water, RECIPIENT agrees to pay BOARD a one-time connection fee of
Six Thousand Five Hundred Dollars ($6,500.00) for the north
connection, and Nine Thousand Dollars ($9,000.00) for the south
connection, and a volume charge of 20c for each 1,000 gallons of
Reclaimed Water used (the "Volume Charge"), but on an annual basis
not less than the above rate times the minimum quantity RECIPIENT
has agreed to purchase under Section 3.5, together with a storage
charge equal to 86 (the "Storage Charge") for each 1,000 gallons of
Reclaimed Water the Volume Charge for which is paid for by
RECIPIENT, as provided above. Such Storage Charge shall remain
constant and shall not be adjusted during the term of this
Agreement or any extension hereof. Payment of the connection fee
shall be in one lump sum no later than the conunencement of
construction of the modification to the BOARD's wastewater
facilities for the treatment and production of Reclaimed Water.
The Volume Charge shall remain constant until the expiration of
the third ( 3) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the time
BOARD commences or makes available delivery of Reclaimed Water and
the end of the first fiscal year, such first year shall not count
as the first fiscal year), after which the price will be
redetermined as provided in Section 5. The BOARD shall render
bi11ings to RECIPIENT for the volume charge on a monthly basis for
such app1icab1e charges on the basis of the greater of the actua1
Reclaimed Water delivered or the volume charge for 1/12th of the
minimum guaranteed annual volume agreed to be accepted by RECIPIENT
pursuant to Section 3.5 above; provided that RECIPIENT shall pay no
more, on. a fiscal year basis, than (i) such minimum annual
guaranteed volume charge or (ii)charges for Reclaimed Water
actually accepted during the fiscal year, whichever is more.
4.3 In the event the . BOARD shall not be. able to deliver
Reclaimed Water in the mInimum volume agreed to in Section 3.5 of
this Agreement, as a result of its inability to do so and through
no action or inaction on the part of the RECIPIENT, the RECIPIENT
shall be entitled to a credit for such shortage in the minimum
agreed to volume (by a proportionate reduction).
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Vo1ume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid upward or downward based on one~half (!)
of the year-to-year change in the actual operating costs of
producing, metering and delivering Reclaimed Water from effluent
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15
and transmitting it to the point of delivery for the RECIPIENT as
it relates to the preceding year's Volume Charge, however, such
Volume Charge shall never. be less than 20c per thousand gallons nor-
shall an increase be applied if the actual operating costs shall be
less than said 20c per thousand gallons. The first such adjustment
shall Occur effective the first day of the fourth fiscal year
following the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (!) the relative increase or decrease in
actual operating costs incurred by the BOARD during the second
fisc'al year of delivery of Reclaimed Water to RECIPIENT as
compared to the third fiscal year and for each subsequent year
thereafter as compared to the previous year. The actual operating
cost and change therein shall be the basis for determining the
index for making the adjustmeuts in the Volume Charge. Actual
operating costs ("Actual Operating Costs or) shall be determined in
conformity with generally accepted 0 accounting principles
consistently applied, except the depreciation of plant and
equipment and any other provision for capital recovery, including
interest on long term debt, shall not be included as operating
costs, as such costs are properly allocable to wastewater
customers. Any increase or decrease in the Volume Charge shall be
determined as soon as reasonably practicable and shall be effective
retroactive to the scheduled date of adjustment and a sum due to
the BOARD as a result of the retroactive effect of such adjustment
or the credit due the RECIPIENT, if applicable, shall be reflected
in the next billings regularly submitted by BOARD to RECIPIENT as
provided in Subparagraph 5.4.
5.1 BOARD personnel shall establish, or cause to be
established, and maintain an accounting system in which such
current operating costs are recorded monthly in separate accounts
from sewage processing accounts. Costs shall be recognized on a
first-in first-out basis. The BOARD personnel shall prepare and
preserve any studies relating to the allocation-of operating costs
on other than an actually incurred basis. By way of example, the
parties agree that all operating and maintenance costs of labor,
chemicals and power, permits, regulatory requirements, legal,
engineering, administration, testing, meter calibration and
contract services :tnay be - allocated based - on appropriate data or.
studies .-. Such current operating costs shall be recorded on a
consistent'basis 'from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost per
thousaQd gallons of Reclaimed Water delivered beginning with the
second fiscal year after the plant starts to deliver Reclaimed
Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,1996,
the third fiscal year thereafter would be October 1, 1998 to
September 30, 1999. Assume that the actual cost of producing
Reclaimed Water for the fiscal year October I, 1997 through
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16
September 30, 1998 was 21 <::. Further, assume that the Actual
Operating Cost of producing and delivering Reclaimed Water to
RECIPIENT during the second fiscal year to the end of the third
fiscal year (October 1, 1997, through September 30, 1999) increased
from 21<:: per thousand gallons to 23c per thousand gallons. The
index for increase would be calculated by dividing the base cost of
21c per thousand gallons into one-half (!) the 2<:: increase in cost,
resulting in an increase of 4.76% to the previous years' Volume
Charge of 20c per thousand gallons for the fourth fiscal year,
equal to 20.95<:: per thousand gallons (1 x 2 = 1 7 21<:: = .0476, then
20c x 1.0476 = 20.95C).
5.3 As soon as reasonably practical, after each fiscal year
for which the contract price is subject to adjustment , the BOARD
shall prepare a statement showing in reasonable detail the actual
operating costs to produce Reclaimed Water from effluent for the
latest two fiscal years. For each such year, the statement shall
also show (1) the number of gallons in thousands of Reclaimed Water
delivered to Reclaimed Water users, (2) the cost per thousand
gallons of Reclaimed Water calculated by dividing such operating
costs by such gallons, (3) the calculation of the ratio of change
in cost per thousand gallons from the earlier year to the later
year, and (4) the calculation of the adjusted price for the later
year. This statement shall be deemed to be the responsibility of
the BOARD, and the BOARD's Executive Director shall attest in
writing to the propriety of the costs and calculations shown
thereon.
5.4 By January 15 of each year ,the BOARD'S Executive
Director shall submit to RECIPIENT the supplemental statement set
forth in the preceding paragraph, together.with the attestation
thereto by the BOARD. At the same time, the BOARDS Executive
Director shall submit to RECIPIENT a bill or credit showing (l)the
amount paid by the RECIPIENT for Reclaimed Water delivered in the
current fiscal year, (2) the amount payable for Reclaimed Water
delivered in the current fiscal year based on the adjusted price
for the year as set forth above, and (3)the difference. Any such
difference shall be either paid promptly by the RECIPIENT, or shown
as a credit in the next billing to the RECIPIENT.
5.5 For billing purposes only prior to the determination of
actual costs for adjusting the Volume Charge, during each year
subject to price adjustment, the BOARD may use a tentative price
per thousand gallons based on using budgeted costs for the current
year in the price adjustment calculation set forth above~
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
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5.7 Notwithstanding the above provisions, the price paid by
the RECIPIENT for Reclaimed Water shall. be adjusted downward in the
event the BOARD offers Reclaimed Water to any other non-
governmental customer (s) upon substantially similar terms and
condi tions for the same use of the Reclaimed Water at a lower
charge than RECIPIENT is or will be paying under this Section 5.
Such downward adjustment shall be made to guarantee RECIPIENT that
no other user of Reclaimed Water for similar purposes shall
receive a more favorable charge than will also be given to
RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental or
environmental noncapital improvement subsidies which are provided
to the BOARD for encouraging wastewater reuse and which are
intended to be applied pursuant to the terms of such grant or
subsidy to the operational costs of the. Reclaimed Water facility,
as opposed to capital improvements or expansion of such Reclaimed
Water facility, the BOARD will' apply such funds, to the extent
allowed, to its Reclaimed Water facility operating costs.
5.9 The parties to this Agreement agree and recognize that
RECIPIENT is under no legal or other obligation to enter into this
Agreement for reuse of wastewater. RECIPIENT currently has
operating permits from FDEP and the Water Management District to
pump surface and ground water for all RECIPIENT'S irrigation needs
and RECIPIENT'S costs to pump this surface and ground water is
substantially less than the charges RECIPIENT will pay for
Reclaimed Water under this Agreement. RECIPIENT'S only
consideration and motivation to enter into this Agreement is to
insure sufficient irrigation water by receiving its full
allocation of Reclaimed Water on demand in accordance with the
rate and delivery conditions set forth in this Agreement, free
from adverse environmental or climatic impact. RECIPIENT has
determined that the benefits of this Agreement are only marginally
economically feasible. Therefore, if as a result of any action by
the BOARD, the City of Delray Beach or the City of Boynton Beach,
RECIPIENT would be required to pay charges in excess of those
established under Section 5, then RECIPIENT shallhave.the option
of cance+ing this Agreement upon sixty (60) days. advance written
notice to the BOARD.
SECTION. 6. Inspection. BOARD shall have the right to enter
RECIPIENT's Property and the POA Property, upon proper
identification and at any reasonable time, in order to inspect the
irrigation system as may be necessary or desirable _c -for the
operation, safety, protection, or preservation thereof, to
determine compliance with any law, order or regulation of any
governmental authority having jurisdiction, and for sampling at any
monitoring wells located on the Property and the POA Property.
RECIPIENT shall have the right to enter the BOARD's plant and
4-9-97
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1 (~
properties and the right of access to its wastewater facilities and
records, at any reasonable time, for the purpose of determining
whether the BOARD is in compliance with this Agreement.
SECTION 7. Assignments. This Agreement can be assigned by RECIPIENT
only with the prior written approval of BOARD, but such approval
shall not be unreasonably withheld, provided the assignee shall
assume this Agreement and shall demonstrate to BOARD its financial
ability to comply with the provisions hereof.
SECTION 8. Notices; Proper Form. Any notice required or allowed to
be delivered hereunder shall be in writing and shall be deemed to
be delivered when (1) hand delivered to the official hereinafter
designated, (2) upon receipt of such notice when deposited in the
United States mail, postage prepaid, certified mail, return receipt
requested, addressed to a party at the address set forth opposite
the party' name below, or at such other'address as the party shall
have specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue.
Delray Beach~ FL 33445
RECIPIENT
QUAIL RIDGE COUNTRY CLUB
C/O Club Manager
3715 Golf Road
Boynton Beach, FL 33436
COpy TO:
Boynton Beach CLty Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
COPY TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall give
4-9-97
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19
the other party written notice of any defaults hereunder and shall
allow the defaulting party 30 days from the date of receipt to CUre
such defaults, except failure to deliver water on demand.
SECTION 10. Default by Either Party. If any party hereto fails to
perform or comply with any of the conditions of this Agreement, and
if the nonperformance shall continue for a period of thirty (30)
days after the written notice thereof to the non-performing party,
or if the performance cannot be reasonably completed within the
30-day period, or if the nonperforming party does not in good faith
commence performance within the 30-day period and does not
diligently proceed to complete performance, the non-performing
party shall be in default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail to
comply with any reuse water rule or regulation of any Federal,
State or County or local agencies, except BOARD, or violate any
permit granted with regard to the use of the irrigation system on
the RECIPIENT's Property and the POA Property, then RECIPIENT shall
indemnify the BOARD, its officers, governing board, employees and
agents against all claims, demands, causes of actions, suits,
judgments, fines, penalties, or losses, including all costs
suffered or incurred by the BOARD by reason of such failure. In
the event the BOARD shall fail to comply with any rule, regulation,
order of any Federal, State or County or local agency, or fail to
deliver water meeting the quality standards provided by this
Agreement, then the BOARD shall, to the extent allowed by law,
indemnify the RECIPIENT, its officers, board of directors,
employees and agents against all claims, demands, causes of
actions, suits, judgments, penalties, fines, or losses suffered or
incurred by the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party_ hereto shall be in
default hereunder as set forth in Section 10, then the other party
shall have the following remedy: bring suit for the breach which
has occurred without affecting the obligations of the party to
perform the balance of the Agreement. The parties shall have the
right not. only to injunctive relief,. but also to recover any
damages which a party may 'incur as a result of the breach of this
Agreement by the other party. The parties further agree that any
litigation shall be brought in Palm Beach County, 'Florida, only,
and the parties agree that the proper venue for any such action
would only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action among
them involving this Agreement or the alleged breach thereof.
SECTION 13. Disclaimers of Third Party Beneficiaries. This
Agreement is solely for the benefit of the formal parties hereto
and no right or cause of action shall accrue upon or by reason
hereof or to or from or for the benefit of any third party not a
4-9-97
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20
formal party hereto.
SECTION 14. Severability. If any part of this Agreement is found
invalid or unenforceable by any court, such invalidity or
unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and interpreted
according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the entire
Agreement between the parties hereto with respect to this
transact~on and supersedes all prior negotiations and all prior
written or oral understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed by
all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually agreeable
memorandum thereof will be recorded in the public records of Palm
Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the other
party, in writing,. as to the status of its construction document
preparation and construction of associated improvements on a
monthly basis to ensure that both parties' activities are
progressing with reasonable diligence.
SECTION 20. Completion Date. The Board agrees to use its. best
efforts have its Reclaimed Water facilities completed and available
for use for RECIPIENT ?nd RECIPIENT agrees to use its best efforts
to have its Irrigation System complete and to accept delivery of
Reclaimed Water from the BOARD on or before November 1, 1997,
subject to matters beyond the reasonable control of either party.
SECTION 21. Cross-Connection. RECIPIENT desires to connect its
south course irrigation system with its north course irrigation
system, cwhich will require crossing the Woolbright Road and L-26
canal. In that the BOARD will also have to cross bOth rights-of-
way to., connect its reclaimed water transmission facilities to
RECIPIENT's irrigation system, the BOARD agrees to obtain a price
from its Contractor for the installation of. such pipe for
RECIPIENT. The RECIPIENT shall then be authorized to either
contract directly with the BOARD's Contractor for such pipe
installation or to obtain its own contractor.
4-9-97
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21
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
-,
J~i ..
By,"~. , , ~h i~~;,""k~, ~)
APPROVED AS TO FORM:
/I,'} /--;
'J~I // /
Board/Attorney I
I
QUAIL
RIDGE COUNTRY CLUB, INC.
tfL; w::i ~~
By:
Mayor
4-9-97
Reuse/Quail.rdg/restatement.amd
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EX BmlT B
OPERA TING RESTRlITS
Recipient shall maintain compliance with the following operating restrictions for protecting
hwnan health. welfare and safety, and tile environment.
'"
] _ The public shall be notified of the use of reclaimed water by posting advisory signs, notes
on score cards or other methods in accordance with Chapter )7-6]0.468 FAC
2. Direct connections between the reclaimed water system and irrigation water system shall
not be allowed without the use of appropriate backflow prevention devices.
3. No cross-connection to potable water systems shall be allowed.
4. All reclaimed water valves and ouuets sh?ll be appropriately color coded and labeled in
accordance with Chapter 17-610.470 F AC to warn public and employees that the water
is not intended for drinking.
5. Setback distances to potable water supply wells and the use of low trajectory Dozzles shall
be in accordance with Chapter ]7-6] 0.47] F AC.
6. The use of reclaimed water shall be consistent with all appliC3ble federal, Slate, and local
laws and reQUJations.
Exhibit B
January] 995
'b~S74\EXlttBrr .B
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EXHIBIT D
Enclosure 'A
Board sh~1I monitor the redaimed water for the following parameters and agrees 10 diver1 reclaimed
water which exceeds the specified limits.
Parameter Sampling Frequency Limitll)
Turbidiry Continuous 2 NTU
Chlorine Residual Continuous 1 (minimum)
ClMoride Continuous 350
CBOD(~' Daily 20
TSS(3) Daily 5
pH Hourly 610 7.5 unitslS)
7.8 unils(6)
Aluminum Annual 1.0
Arsenic Annual 0.10
Beryllium Annual 0.10
Boron Annual 0.50
Cadmium Annual 0.01
Chromium Annual O. I
Cobalt Annual 0.05
Copper Annual 0.2
Fluoride Annual 1.0
hon Annual 5.0
Lead Annual 5.0
Lithium Annual 2.5
Manganese Annual 0.2
Molybdenium Annual 0.005
Nickel Annual 0.02
Selenium Annual 0.02
Vanadium Annual 0.10
Zinc Annual 2,0
BiC<:\rooryate (as CaCO:;) Annual 120
Calcium Annual (4)
M;agnesium Annual (4)
Sodium Annual (4)
Sodium Adsomtion Ratio Annual 6 units
(I)
(2)
(3)
(-4)
(5)
(6)
Maximum concentration expressed in mgIL unless noted.
Carbonaceous Biochemical O>..")'gen Demand (CBOD).
Total Suspended Solids (TSS).
Information used in calculation of Sodium Adsorption Ratio (SAR).
Daily average
2-Hour duration
"":..7~7~\I:XHIBIl.D
Exhibit D
January 1995
Pare 1 of I
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
AND QUAIL RIDGE COUNTRY CLUB
CONCERNING DELIVERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS AGREEMENT is made and entered into on this /X!~
day of C}7?/Vl U4A4-/ 1996, by and between South Central
Regional Wa~tewate~ Treatment and Disposal Board, a municipal
corporation created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Quail Ridge Country Club,
(hereinafter RECIPIENT).
Accordingly, for and in consideration
contained herein, mutual understandings
contained herein, and other consideration,
sufficiency of which is hereby acknowledged
the parties covenant and agree as follows:
of the recitals
and agreements
the receipt and
by the parties,
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
1.1 The parties hereto represent to one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach (the "Cities"), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest, as it recaptures an otherwise wasted
and unused water resoUrce. The BOARD owns and operates
wastewater facilities which it proposes to upgrade to produce
Reclaimed Water suitable for irrigation of areas, such as
golf courses, parks, school grounds and cemeteries, and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1.3 In a norma). year, RECIPIENTS will irrigate
approximately 240 .days and most of RECIPIENT'S daily
requirements will be needed during approximately 12 hours
commencing about sundown. BOARD agrees to use its best
efforts to supply Reclaimed Water on demand to RECIPIENT up to
the: volume and at the charge set forth in this Agreement.
RECIPIENT has valuable golf courses that require access to
such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance Upon the RECIPIENT entering
into this Agreement.
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1.4 The RECIPIENT owns and controls land which is
described in Exhibit "A" (the "Property"), attached and made
a part hereof by reference.
1.5 RECIPIENT agrees to: (a) irrigate the Property using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of delivery; and (C) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water accepted from' the BOARD and as required to meet any
federal, state, or local requirements, (d) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept tpe Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property. The
BOARD shall be deemed to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of Delivery. After such dglivery, the
RECIPIENT shall be deemed to be in possession and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State
and governmental permits issued to it and necessary to allow
it .to receive and utili~e the Reclaimed Water pursuant to the
terms of this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or
encumber the Property in areas irrigated with the Reclaimed
Water shall not be restricted by this Agreement. This
Agreement shall run with the land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subsequent party in interest
to such golf course or courses shall be obligated to receive
and pay for Reclaimed Water under the same terms and
conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The design and construction of the metering
facility shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and
REC~PIENT. The meter will be utilized to measure the amount of
Reclaimed Water delivered by the BOARD to RECIPIENT and the
BOARD shall operate, maintain, cause to be calibrated, and
repair said meter.
1.10 CONSTRUCTION. Upon completion of the engineering
design of the metering facility, and the acceptance of same by
both parties, the metering facility will be constructed by the
BOARD and placed into service.
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1. 11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the valves immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appurtenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon
reasonable advance notice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once per year and repaired if required. Any errors in meter
reading and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall be
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD.
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated December 26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and all
provisions thereof have been contractually approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been obtained, such
approval will be obtained and certified to RECIPIENT before
this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing
this Agreement, the following words, phrases and terms shall
have the following meanings, unless the context requires
otherwise:
2.1 "Agreement" . means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP" means the Florida Department of Environmental
Protection, and its SUccessors.
2.3 "Fiscal Year"means October 1 to September 30 of the
following year.
2.4 "GPD" means gallons per day.
2 . 5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds. and lakes, storage facilities,
if applicable, and pertinent equipment that are located on
RECIPIENT's property and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
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all applicable governmental regulations and in accordance with
the terms and provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point of delivery" means the point at the meter
which divides the BOARD's wastewater facilities from the
RECIPIENT's irrigation system, or as otherwise noted on
engineering drawings approved by both parties.
2.8 "Reclaimed Water" means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities" means those
facilities necessary for the storage, if applicable,
transportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These facilities include, but are not limited
to, any Reclaimed Water transmission facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may
be designed, permitted and constructed on the Property, if
applicable, or upon the BOARD's property, if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the
'wastewater treatment facility for treatment.
2.13 "Wastewater Facilities" means the BOARD's plant
located at 1801 North Congress Avenue, Delray Beach, Florida,
and Reclaimed Water transmission facilities, including all
interceptors, lines, pipes, meters, couplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water.
SECT~ON 3. Grant of License and Easement. RECIPIENT hereby
grants to BOARD an easement over the Property, including a 15
foot utility easement to be mutually agreed upon and located
in the approximate location depicted on Exhibit "C" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and the right to transmit, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if applicable, on the Property in accordance
with and subject to the following conditions:
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3.1 Desiqn and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
permit, install and operate, at its sole expense, any storage
facility, if applicable, and the irrigation system on the
Property up to the point of delivery.
3.2 Permits and Approval for the Irriqation System.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation
system: provided, however, that Board shall be responsible
for obtaining and maintaining all permits for Reclaimed Water
disposal facilities. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providing and complying
with all monitoring, sampling, testing, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, permit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 Delivery of Reclaimed Water. BOARD agrees to use its
best efforts to make available and deliver in the volume and
at the times requested, an annual volume of Reclaimed Water of
at least 224 million gallons (MGY), with maximum volume any
one day up to but not to exceed 1,600,000 (700,000 and 900,000
for north and south connections, respectively) gallons per day
(GPD), at a rate of 3,333 (1,460 and 1,875 for north and south
connections, respectively) gallons per minute (GPM), for use
on the Property and, at its cost, to connect the BOARD's
Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and
as shown in Exhibit "C". Both RECIPIENT and BOARD recognize
that water supply and demand will vary depending on a number
of factors, primarily climatic conditions.
3 . 4 Quali tv of Reclaimed Water. BOARD shall make
available to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 62-610, Florida Administrative Code, or
its successor Code provisions, or of a quality consistent with
more stringent requirements that may be .imposed by any
governmental agency having jurisdiction and legal authority.
In recognition of the need to supply Reclaimed Water, the
BOARD shall also be required to comply with effluent
limitations set forth in Exhibit "D". All Reclaimed Water
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made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to
remove harmful levels of bacteria, viruses, and other
constituents or pollutants which could constitute a danger to
human health, and in accordance with all applicable federal,
state and local laws, rules, regulations, POlicies,
ordinances, resolutions, orders and permits and the
requirements of E"xhibit "D". BOARD shall provide continuous
mpni toring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and
monitoring of Reclaimed Water as required by local, state and
federal regulations and' by Exhibit "D". BOARD agrees to
divert away as expeditiously as Possible, from the irrigation
system, any Reclaimed Water which does not comply with the
terms and conditions of this Agreement or which does not meet
the applicable state, federal or local laws and regulations
and to promptly and fully notify RECIPIENT of such action.
Copies of all test results shall be available to RECIPIENT
upon request.
3.5 Minimum Purchase of Reclaimed Water b RECIPIENT.
Upon receipt of all necessary governmental permits and
approvals by all parties and completion of construction of
wastewater facilities and continuing for so long as BOARD
complies with the requirements set forth in this Agreement,
RECIPIENT has an bbligation to pay for at least -"-'!4 millIon I 'fd '" , L L I Q
gallons annually of Reclaimed Water for spray irrigation on ~~,
the Property, subject to conditions as set forth in Section ,~:;
3.3 of this Agreement. Notwithstanding anything to the ""^ r::,
contrary, Recipient shall not be obligated to accept deli very"",
of or pay for Reclaimed Water which does not comply with
the terms and conditions of this agreement. Such exception to
RECIPIENT'S obligation to accept delivery of such Reclaimed
Water by reason of the Board's failure to meet the water
quality standards required in this Agreement shall relieve
RECIPIENT of its obligation to pay BOARD for the minimum
annual volume set forth above at the rates determined pursuant
to Paragraph 5 below only t9 the extent that the BOARD shall
not have made available to RECIPIENT such annual minimum
volume of Reclaimed Water meeting the requirements of this
Agreement through the completion of the then cUrrent fiscal
year. Recipient shall not transfer the water provided by
Board tb any third party or off of the Recipient's property
which is the subject of this agreement.
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the
point(s) of ~elivery.
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOAAD' s
Reclaimed Water supply.
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3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
time.
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for a period of twenty. (20) years commencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall be automatically extended for
successive periods of ten (10) years- each, Upon the same terms
and conditions as herein provided, unless either party hereto
notifies the other by certified mail at least three years
prior to the expiration of the initial term of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended.
4.2 PaYment of Fees. In return for and in consideration
of BOARD's construction of facilities and delivery of
Reclaimed Water~ RECIPIENT agrees to pay BOARD a one-time
connection fee of $8,600.00 ($4,300.00 each for north and
south connections) and a volume charge of 20e for each 1,000
gallons of Reclaimed Water used, (the "Volume Charge") but on
an annual basis not less than the above rate times the minimum
quantity RECIPIENT has agreed to purchase under Section 3.5
together with a storage charge equal to 8e (the "Storage
Charge") for each 1,000 gallons of Reclaimed Water, the Volume
Charge for which is paid for by RECIPIENT, as provided above.
Such Storage Charge shall remain constant and shall not be
adjusted during the term of this Agreement or any extension
hereof. Payment of the connection fee shall be in one lump
sum no later than the commencement of construction of the
modification to the BOARD's wastewater facilities for the
treatment and production of Reclainied Water. The Volume
Charge shall remain constant until the expiration of the
third (3) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the
time BOARD commences or makes available delivery of Reclaimed
Water and the end of tpe first fiscal year, such first year
shall not Count as the first fiscal year), after which the.
pric~ will be redetermined as provided in Section 5. The
BOARD shall render billings to RECIPIENT for the volume charge
on a monthly basis for such applicable charges on the basis of
the' greater of the actual Reclaimed Water delivered or the
volume charge for 1/12th of the minimUm guaranteed annual
volume agreed to be accepted by RECIPIENT pursuant to Section
3.5 above; provided that RECIPIENT shall pay no more, on a
fiscal year basis, than (i) such minimum annual guaranteed
volume charge or (ii)charges for Reclaimed Water actually
accepted during the fiscal year, whichever is more.
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4.3 In the event the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action or inaction on the part of the RECIPIENT,
the RECIPIENT shall be entitled to a credit for such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted. after the first three (3)
fiscal years as aforesaid upward or downward based on one-half
(!) of the year-to-year change in the actual operating costs
of producing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, such Volume Charge shall never be less than 20~ per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 20C:: per
thousand gallons. The first such adjustment shall occur
effective the first day of the fourth fiscal year following
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (!) the. relative increase or decrease
in actual operating costs incurred Py the BOARD during the
second fiscal year of delivery of Reclaimed Water to RECIPIENT
as compared to the third fiscal year and for each subsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge. Actual operating costs ("Actual Operating Costs")
shall be determined in conformity with generally accepted
accounting principles consistently applied, except the
depreciation of plant and equipment and any other provision
for capital recovery, including interest on long term debt,
shall not be included as operating costs, as such costs are
properly allocable to wastewater customers'. Any increase or
decrease in the Volume Charge shall be determined as soon as
reasonably practicable and shall be effective retroactive to
the scheduled date of adjustment and a sum due to the BOARD
as a result of the retroactive effect of such adjustment or
the credit due the RECIPIENT, if applicable, shall be
reflected in the next bIllings regularly submitted by BOARD to
RECIPIENT as provided in Subparagraph 5.4.
5. 1 BOARD personnel shall establish, or cause to be
established, and maintain an accounting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of operating costs on other than an actually
incurred basis. By way of example, the parties agree that all
operating and maintenance costs of labor, chemicals and power,
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permits, regulatory requirements, legal, engineering,
administration, testing, meter calibration and contract
services may be allocated based on appropriate data or
studies. Such Current operating costs shall be recorded on a
consistent basis from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost
per thousand gallons of Reclaimed Water delivered beginning
with the second fiscal year after the plant starts to deliver
Reclaimed Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
1998 to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year October 1, 1997
through September 30, 1998 was 21~. Further, assume that the
Actual Operating Cost of producing and delivering Reclaimed
Water to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October 1, 1997, through September 30,
1999) increased from 21~ per thousand gallons to 23c per
thousand gallons. The index for increase would be calculated
by dividing the base cost of 21~ per thousand gallons into
one-half (!) the 2~ increase in cost, resulting in an increase
of 4.76% to the previous years' Volume Charge of 20~ per
thousand gallons for the fourth fiscal year, equal to 20.95~
per thousand gallons (~ x 2 = 1 + 21c = .0476, then 20~ x
1.0476 = 20.95~).
5.3 As soon as reasonably practical, after each fiscal
year for which the contract price is subject to adjustment ,
the BOARD shall prepare a statement showing in reasonable
detail the actual operating costs to produce Reclaimed Water
from effluent for the latest two fiscal years. For each such
year, the statement shall also show (1) the number of gallons
in thousands of Reclaimed Water delivered to Reclaimed Water
users, (2) the cost per thousand gallons of Reclaimed Water
calculated by diViding such.operating costs by such gallons,
(3) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to the later year, and
(4) the calculation of the adjusted price for the later year.
This statement shall be deemed to be the responsibility of the
BOARD, and the BOARD's Executive Director shall attest in
writ.ing,to the propriety of the costs and calculations shown
thereon.
~ 5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT th~ supplemental statement
set forth in the. preceding paragraph, together with the
attestation thereto by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credi t showing ( I) the amount paid by the RECIPIENT for
Reclaimed Water delivered in the current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the current
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fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
be either paid promptly by the RECIPIENT, or shown as a credit
in the next billing to the RECIPIENT.
5.5 For billing purposes only prior to the determination
of actual costs for adjusting the Volume Charge, during each
year subject to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for the current year in the price adjustment calculation
set forth above.
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
5.7 Notwithstanding the above provisions, the price paid
by the RECIPIENT for Reclaimed Water shall be adjusted
downward in the event the BOARD offers Reclaimed Water to any
other non-governmental customer(s) upon substantially similar
terms and conditions for the same use of the Reclaimed Water
at a lower charge than RECIPIENT is or will be paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided to the BOARD for encouraging wastewater reuse and
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water facility, as opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed, to its Reclaimed
Water facility operating costs.
5.9 The parties to this Agreement agree and recognize
that RECIPIENT is under no legal or other obligation to enter
into this Ag:reement for reuse of wastewater. RECIPIENT
currently has operating pennits from FDEP and the Water
Managem~nt District to pump surface and ground water for all
RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump
this surface and ground water is substantially less than the
charges RECIPIENT will pay for Reclaimed Water under this
Agreement. RECIPIENT'S only consideration and motivation to
enter into this Agreement is to insure sufficient irrigation
water by receiving its full allocation of Reclaimed Water on
demand in accordance with the rate and delivery conditions set
forth in this Agreement, free from adverse environmental or
climatic impact. RECIPIENT has detennined that the benefits
of this Agreement are only marginally economically feasible.
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Therefore, if as a result of any action by the BOARD, the City
of Delray Beach or the City of Boynton Beach, RECIPIENT would
be required to pay charges in excess of those established
under Section 5, then RECIPIENT shall have the option of
canceling this Agreement upon sixty (60) days advance written
notice to the BOARD.
SECTION 6. Inspection. BOARD shall have the right to enter
RECIPIENT's property, upon proper identification and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation, safety,
protection, or preservation thereof, to determine compliance
with any law, order or regulation of any governmental
authority having jurisdiction, and for sampling at any
monitoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
any reasonable time, for the purpose of determining whether
the BOARD is incompliance with this Agreement.
SEC~ION 7. Assignments. This Agreement can be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
assignee shallassUIDe this Agreement and shall demonstrate to
BOARD its financial ability to comply with the provisions
hereof.
SECTION 8. Notices; Proper Form. Any notice required or
allowed to be delivered hereunder shall be in writing and
shall be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, (2) upon receipt of such
notice when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to a party at the address set forth opposite the party' name
below, or at such other address as the' party shall have
specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach, FL 33445
RECIPIENT
QUAIL RIDGE COUNTRY CLUB
C/O Club Manager
3715 Golf Road
Boynton Beach, FL 33436
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COpy TO:
Boynton Beach City Manager
P.o. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
COPY TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall
give the other party written notice of any defaults hereunder
and shall allow the defaulting party 30 days from the date of
receipt to cure such defaults, except failure to deliver water
on demand.
SECTION 10. Default by Either Party. If any party hereto fails
to perform or comply with. any of the conditions of this
Agreement, and if the nonperformance shall continue for a
period of thirty (30) days after the written notice thereof to
the non-performing party, or if the performance cannot be
reasonably completed within the 3D-day period, or if the non-
performing party does not in good faith commence performance
within the 30~day period and does not diligently proceed to
complete performance, the non-performing party shall be in
default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit granted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shall indemnify the BOARD, its officers, governing board,
employees and agents against all claims, demands, causes of
actions, suits, judgments, fines, penalties, or losses,
inc.luding all costs suffered or incurred by the BOARD by
reason of such failure. In the event the BOARD shall fail to
comply with any rule, regulation, order of any Federal, State
or County or local agency, or fail to deliver water meeting
the quality standards provided by this Agreement, then the
BOARD shall, to the extent allowed by law, indemnify the
RECIPIENT, its officers, board of directors, employees and
agents against all claims, demands, causes of actions, suits,
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jUdgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall
be in default hereunder as set forth in Section 10, then the
other party shall have the following remedy: bring suit for
the breach which has occurred without affecting the
obligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Palm Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action
among them involving this Agreement or the alleged breach
thereof.
SECTION 13. Disclaimers of Third Party Beneficiaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action shall accrue upon or by
reason hereof or to or from or for the benefit of any third
party not a formal party hereto.
SECTION 14. Severability. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity
or unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire Agreement between the parties hereto with respect.to
this transaction and supersedes all prior negotiations and all
prior written or oral understandings.
SECTION 17. Amendment~. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed
by all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually
agreeable memorandum thereof will be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the
other party, in writing, as to the status of its construction
document preparation and construction of' associated
improvements on a monthly basis to ensure that both parties'
activities are progressing with reasonable diligence.
12-5-95
REUSE/QUAILRIDGE/DELVERY.AGR
13
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts to have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November 1, 1997, subject to matters beyond the reasonable
control of either party.
SECTION 21. Cross-Connection. RECIPIENT desires to connect
its south course irrigation system with its north course
irrigation system, which will require crossing the Woolbright
Road and L-26 canal. In that the BOARD will also have to
cross both rights-of-way to connect its reclaimed water
transmission facilities to RECIPIENT's irrigation system, the
BOARD agrees to obtain a price from its Contractor for the
installation of such pipe for RECIPIENT. The RECIPIENT shall
then be authorized to either contract directly with the
BOARD's Contractor for such pipe installation or to obtain its
own contractor.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISJWflAL BOARD
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ATTESTED BY:
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APPRO?C/
Board ....Attorney t
QUAIL
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By:
APPRO VE p_.-~~:. .L'
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c~ty 6f De11ay Beach, Mayor
APP::;;f:;:;z
City of Boynton ach, Mayor
12-5-95
REUSE!QUAILRIDGE!DELVERY.AGR
14
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
(To Be Provided By Recipient)
QUAIL RIDGE (A PLANNED UNIT DEVELOPMENT)
PLAT NO.1
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SEGTION 36, TOWNSHIP 45 SOUTH, RANGE 42 EAST. N\ID A
PORTION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH,
RANGE 43 EAST. VILLAGE OF GOLF i\ND PALM BEACH COUNTY,
FLORIDA
PLAT NO. 2
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SECTION 36. TOWNSHIP 45 SOUTH RANGE 42 EAST. PALM
BEACH COUNTY. FLORIDA
PLAT NO.3
BEING A SUBDIVISION OF A PORTION OF THE N 1/2 OF SECTION
36, TOWNSHIP 45 SOUTH, RANGE 42 EAST,
VILLAGE OF GOLF AND PALM BEACH COUNTY, FLORIDA
PLAT NO. 3A
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 36. TOWNSHIP 45 SOUTH. RANGE 42 EAST, PALM
BEACH COUNTY. FLORIDA
PLAT NO. 4
BEING A SUBDIVISION. OF A PORTION OF THE N 1/2 OF SECTION
36. TOWNSHIP 45 SOUTH, RANGE 42 EAST. PALM BEACH
COUNTY. FLORIDA
PLAT NO.5
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
. .
SECTION 36, TOWNSI-llP 45 SOUTH, RANGE 42 EAST AND A
PORTION OF THE NW 1/4 OF SECTION 31. TOWNSHIP 45 SOUTH,
RANGE 43 EAST PALM BEACH COUNTY. FLORIDA
PLAT NO. 6
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH. RANGE 43 EAST, VILLAGE
OF GOLF AND PALM BEACH COUNTY. FLORIDA
PLAT NO.7
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF
OF SECTION 31. TOWNSI-llP 45 S.OUTH, RANGE 43 EAST, PALM
BEACH COUNTY. FLORIDA
Page 1 0[3 - Exhibit 'p
5110119~
PLAT NO.8
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF
OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 9
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF
OF\SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 10
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND A
PORTION OF THE NE 1/4 OF SECTION 36, TOWNSHIP 45" SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA
PLAT NO. 11
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE" 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 12
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA "
PLAT NO. 13
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 14
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 105,
119, 120 AND PORTIONS OF TRACTS 73,74,87,88, 106, 107, 117
AND 118 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION
30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE
73 AND OTHER LANDS
PLAT NO. 15
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORlDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 53, 54,75,76,85 AND 86 PALM BEACH FARMS
COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS
Page 2 of 3 - Exhib
5/101
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PLAT NO. 16
IN SECTION 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM
BEACH COUNTY. FLORIDA. BEING A RE-PLAT OF PORTIONS OF
TRACTS 73. 74. 75, 86, 87 Al'JD 88 PALM BEACH FARMS
COMPANY PLAT NO.8, SECTION 30. TOWNSHIP 45 SOUTH
,
RANGE 43 EAST, PLAT BOOK 5. PAGE 73 AND OTHER LANDS
"" PLAT NO. 17
IN SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 85, 86, 87, 106, 107. 108, 117 AND 118 PALM BEACH
FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45
SOUTH, RANGE 43 EAST. PLAT BOOK 5, PAGE 73 AND OTHER
LANDS
PLAT NO. 18
IN SECTION 30, TOWNSHIP 45 SOUTH~ RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 51, 52, 53, 54, 76,77.78. 84 AND 8 PALM BEACH
FARMS COMPANY PLAT NO.8. SECTION 30, TOWNSHIP 45
SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER
LANDS
PLAT NO. 19
IN SECTION 30, TOWNSHIP 45 SOUTH; RANGE 43 EAST,'PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 19, 20,
45 AND 46 AND PORTIONS OF TRACTS 12, 13, 14,21. 43,44,51,
52, 53 AND 54 PALM BEACH FARMS COMPANY PLAT NO.8,
SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK
5, PAGE 73 AND OTHER LANDS
PLAT NO. 20
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 22, 41.
42 AND PORTIONS OF TRACTS 11,12,21,43,53,54,55 AND 56
PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73
AND OTHER LANDS
PLAT NO. 21
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY. FLORIDA. BEING A RE-PLAT OF TRACTS 115.
116, 110, 109,83 AND PORTIONS OF TRACTS 117, 108,84.85,
78.77.51 AND 52 PALM BEACH FARMS COMPANY PLAT NO.8.
SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PLAT BOOK
5, PAGE 73 AND OTHER LANDS
Page 3 of 3 - Exhibi1
c;110!C
EXHIBIT B
OPERA TINe RESTIUcrs
Recipient shall main,,"n compliance with the following operating restrictions for protecting
human health, welfare and safety, and the environment
lI"\
1. The public shall be notified of the use of reclaimed water by posting advisory signs, notes
on score cards or other methods in accordance with Chapter 17-610.468 FAC
2. Direct connections between the reclaimed water system and irrigation water system shall
not be allowed without the use of appropriate backflow prevention devices.
3. No cross-connection to potable water systems shall be alJowed.
4. All reclaimed water valves and outlets sh~l be appropriately coJor coded and Jabeled in
accordance with Chapter J7~ J 0.170 F AC to warn public and employees that the water
is not intended for drinking.
5. Setback distances to potable water supply weUs and the use of low trajectory Dozzles shall
be in accordance with Chapter 17-610.47J FAC
6. The use of reclaimed Water shall be consistent with all applicable federaL slate, and local
Jaws and regulations.
^:.~j14\E:XHmrr.B
Exhibit B
January] 995
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EXHIBIT 0
Enclosure 'A'
Board s~1I monitor the reclaimed water for the following parameters and agrees to divcr1 reclaimed
water which C).cccds thc specified limits.
Parameler Sampling Frequency Limitl))
Turbidity Continuous 2 NTU
Chlorine Residual Cominuous I (minimum)
C~oride Continuous 350
CBOD(~) Daily 20
TSS(J) Daily 5
pH Hourly 6 to 7.5 unitslS)
7.8units161
Aluminum Annual LO
Arsenic Annual 0.10
Beryllium Annual 0.10
Boron Annual 0.50
Cadm ium Annual 0.01
Chromium Annual 0.]
Annual .'
Cobalt 0.05
Copper Annual 0.2
Fluoride Annual 1.0
Iron Annual 5.0
Lead Annual 5.0
Lithium Annual 2.5
Manganese Annual 0.2
Molybdenium Annual 0.005
Nickel Annual 0.02
Selenium Annual 0.02
Vanadium Annual G.IO
Zinc Annual 2.0
Bicarbonate (as CaC03) Annual 120
Calcium Annual (4)
Magnesium Annual (4)
Sodium Annual (4)
Sodium Adsomtion Ratio Annual 6 units
(I)
QJ
(3)
(4)
(5)
(6)
Maximum concentration expressed .in mgIL unless noted.
Carbonaceous Biochemical O),:ygen Demand (CBOD).
Total Suspended Solids (TSS).
Infonnation used in calculation of Sodium Adsorption Ratio (SAR).
Daily a\'era~e
2-Hour duration
\\':..7~7~\EXHIBIl.D
Exh ibit D
January J 995
P&~ 1 or I
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.5.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) [8J June 21, 2005 June 6, 2005 (Noon)
D May 3,2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Authorize by resolution, the City Manager, Kurt Bressner, to apply for and execute agreements and
documents associated with the Urban and Community Forestry grant on behalf ofthe City of Boynton Beach.
EXPLANATION: In response to the 2004 hurricanes, Congress passed legislation on October 13,2004, to provide the US
Forest Service with grant funds for these communities to mitigate the effect of recent hurricanes and other weather-related
events, and to reduce potential damage from future storms. Under the program, applicants can receive 75% cost-share funds
for urban tree management activities that have been initiated since October 13,2004, or will be carried out during the next
two years. Activities that have been reimbursed from either FEMA or other state or federal sources are not eligible. A
resolution authorizing the City Manager to apply for and execute agreements and documents associated with the Urban and
Community Forestry Grant is an application requirement. The grant will be used to reimburse the City for costs associated
with replacing trees that were severely damaged or destroyed by the 2004 hurricanes at Boynton Beach Memorial Park
(cemetery).
PROGRAM IMPACT: It is the City's responsibility to properly maintain the cemetery. The replacement of the old damaged
trees will help with appearance as well as root growth and potential encroachment on gravesites. Palm trees will be planted
along the driveway where the damaged trees are currently located.
FISCAL IMPACT: The Urban and Community Forestry Gant provides up to 75 % of the eligible project costs. The
cemetery reforestation is estimated at $89,954.84. The City is requesting $68,568.84 in grant funds. Matching funds for this
project is $21,386.00, in the Capital Improvement Projects, Boynton Beach Memorial Park fund, account number 302-4299-
580-62-01.
AL TERNA TIVES: The City could
tire project $89,954.84.
~
Recreation and Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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RESOLUTION R05-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AGREEMENTS AND DOCUMENTS ASSOCIATED
WITH THE URBAN AND COMMUNITY FORESTRY GRANT
TO REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH
REPLACING TREES AT BOYNTON MEMORIAL PARK
WHICH WERE SEVERLY DAMAGED BY THE HURRICANE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in response to the 2004 hurricanes, Congress passed legislation to
provide the US Forest Service with grant funds to mitigate the effect of the recent hurricanes
<.lJld for urban tree management activities; and
WHEREAS, the replacement of old damaged trees in the cemetery will help with
appearance, as well as root growth and potential encroachment on gravesites; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to authorize the City Manager to apply for and execute agreements and
documents associated with the Urban and Community Forestry Grants program.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT:
Section 1:
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
authorizes the City Manager to apply for and execute agreements and documents associated
S:\CA \RESO\Grants\Forestry Grant (Cemetery).doc
1
with the Urban and Community Forestry grant to reimburse the City for costs associated with
2
replacing trees that were severely damaged or destroyed by the 2004 hurricanes at Boynton
3
Beach Memorial Park, a copy of said Agreement attached hereto.
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Section 3:
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS _ day of June, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
ATTEST:
Commissioner
City Clerk
Commissioner
(Corporate Seal)
S:\CA\RESO\Grants\Forestry Grant (Cemetery).doc
Submit Bids to:
Florida Department of Agriculture and Consumer Services
407 South Calhoun Street - Mayo Building, Room SB-8
Tallahassee, FL 32399-0800
CHARLES H. BRONSON
COMMISSIONER
Telephone: (850) 487-3727
BIDS NO. RFP/DF-04/05-99
Page 1 of ~ Pages
AGENCY MAILING DATE:
May 4, 2005
WILL BE OPENED JUNE 30, 2005@2:00 P.M.
and may not be withdrawn within 90 days after such date and time
BID TITLE:
NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT 8/112005
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
VENDOR NAME AUTHORIZED SIGNATURE (MANUAL)
VENDOR MAILING ADDRESS
CITY - STATE - ZIP AUTHORIZED SIGNATURE (TYPED) TITLE
TELEPHONE: ( )
I certify that this Proposal is made without prior understanding, agreement, 0' connection with any corporation firm, 0' person submitting a proposal for
the same materials, supplies 0' equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and
certify that I am authorized to sign this Proposal fo, the Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal
including but not limited to, certification requirements. In submitting a Proposal to an agency for the State of Rorida, the Proposer offers and agrees that
if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, tiUe and interest in and to all causes of action
it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing 'elating to the particular commodities
0' services purchased or acquired by the State of Rorida. At the State's discretion, such assignment shall be made and become effective at the time the
purchasing agency tenders final payment to the Proposer.
GENERAL INSTRUCTIONS TO RESPONDENTS
1. Definitions. The definitions found in s. 60A-1.001, FAC. shall
apply to this agreement. The following additional terms are also
defined:
(a) "Buyer" means the entity that has released the solicitation.
(b) "Procurement Office!" means the Buyer's contracting personnel,
as identified in the Introductory Materials.
(c) "Respondent" means the entity that submits materials to the
Buyer in accordance with these Instructions.
(d) "Response" means the material submitted by the respondent in
answering the solicitation.
(e) "Timeline" means the list of critical dates and actions included in
the Introductory Materials.
2. General Instructions. Potential respondents to the solicitation are
encouraged to carefully review all the materials contained herein and
prepa,e responses accordingly.
*3. Electronic Submission of Responses. Respondents are requi,ed
to submit responses electronically. For this purpose, all references
herein to signatures, signing requirements, or other required
acknowledgments hereby include electronic signature by means of
clicking the "Submit Response" button (or othe, similar symbol or
process) attached to or logically associated with the ,esponse created
by the respondent within MyFloridaMarketPlace. The respondent
agrees that the action of electronically submitting its response
constitutes:
an electronic signature on the response, gene,ally,
an electronic signature on any form or section specifically calling
for a signature, and
an affirmative agreement to any statement contained in the
solicitation that requires a definite confirmation or
acknowledgement.
4. Terms and Conditions. All responses are subject to the terms of the
following sections of this solicitation, which, in case of conflict, shall
have the order of precedence listed:
Technical Specifications,
Special Conditions,
Instructions to Respondents (PUR 1001),
General Conditions (PUR 1000), and
Introductory Materials.
The Buyer objects to and shall not consider any additional terms or
conditions submitted by a respondent, including any appearing in
documents attached as part of a respondent's response. In
submitting its response, a respondent agrees that any additional terms
or conditions, whether submitted intentionally or inadvertently, shall
have no force or effect. Failure to comply with terms and conditions,
including those specifying information that must be submitted with a
response, shall be grounds for rejecting a response.
*5. Questions. Respondents shall address all questions regarding this
solicitation to the Procurement Officer. Questions must be submitted
via the Q&A Board within MyFloridaMarketPlace and must be
RECEIVED NO LATER THAN the time and date reflected on the
Timeline. Questions shall be answered in accordance with the
Timeline. All questions submitted shall be published and answered
in a manner that all respondents will be able to view. Respondents
shall not contact any other employee of the Buyer or the State for
information with respect to this solicitation. Each respondent is
responsible for monitoring the MyFloridaMarketPIace site for new or
changing information. The Buyer shall not be bound by any verbal
information or by any written information that is not contained within
the solicitation documents or formally noticed and issued by the
Buyer's contracting personnel. Questions to the Procurement Officer
1
6.
or to any Buyer personnel shall not constitute formal protest of the
specifications or of the solicitation, a process addressed in paragraph
19 of these Instructions.
Conflict of Interest. This solicitation is subject to chapter 112 of the
Florida Statutes. Respondents shall disclose with their response the
name of any officer, director, employee or other agent who is also an
employee of the State. Respondents shall also disclose the name of
any State employee who owns, directly or indirectly, an inte,est of five
percent (5%) or more in the respondent or its affiliates.
Convicted Vendors. A person or affiliate placed on the convicted
vendor list following a conviction fo, a public entity crime is prohibited
from doing any of the following for a period of 36 months from the date
of being placed on the convicted vendor list:
submitting a bid on a contract to provide any goods or services
to a public entity;
submitting a bid on a contract with a public entity fo, the
construction or repair of a public building 0' public work;
submitting bids on leases of real property to a public entity;
being awa,ded or performing work as a contractor, supplier,
subcontractor, or consultant under a cont,act with any public
entity; and
transacting business with any public entity in excess of the
Category Two threshold amount ($25,000) provided in section
287.017 of the Florida Statutes.
Discriminatory Vendors. An entity 0' affiliate placed on the
discriminatory vendor list pursuant to section 287.134 of the Florida
Statutes may not:
submit a bid on a contract to provide any goods or services to a
public entity;
submit a bid on a contract with a public entity fo, the construction
or repair of a pUblic building or public work;
submit bids on leases of real property to a public entity;
be awarded or perform work as a contractor, supplie" sub-
contractor, or consultant under a contract with any public entity;
0'
transact business with any public entity.
Respondent's Representation and Authorization. In submitting a
response, each respondent understands, represents, and
acknowledges the following (if the ,espondent cannot so certify to any
of following, the respondent shall submit with its response a written
explanation of why it cannot do so).
The respondent is not currently under suspension or debarment
by the State 0' any othe, governmental authority.
To the best of the knowledge of the person signing the ,esponse,
the ,espondent, its affiliates, subsidiaries, directors, officers, and
employees a,e not currently under investigation by any
governmental authority and have not in the last ten (10) years
been convicted 0' found liable for any act p,ohibited by law in
any jurisdiction, involving conspiracy or collusion with respect to
bidding on any public contract.
To the best of the knowledge of the pe,son signing the response,
the respondent has no delinquent obligations to the State,
including a claim by the State for liquidated damages under any
other contract.
The submission is made in good faith and not pursuant to any
agreement or discussion with, or inducement from, any firm or
person to submit a complementary or other noncompetitive
response.
The prices and amounts have been arrived at independently and
without consultation, communication, 0' ag,eement with any
othe, respondent or potential respondent; neither the prices nor
amounts, actual or approximate, have been disclosed to any
respondent 0' potential ,espondent, and they will not be
disclosed befo,e the solicitation opening.
The respondent has fully informed the Buyer in writing of all
convictions of the firm, its affiliates (as defined in section
287.133(1 )(a) of the Florida Statutes), and all directors, officers,
and employees of the firm and its affiliates for violation of state
0' federal antitrust laws with respect to a public contract for
violation of any state or federal law involving fraud, bribery,
collusion, conspiracy or material misrepresentation with respect
to a public contract. This includes disclosu,e of the names of
current employees who were convicted of contract crimes while
in the employ of another company.
7.
8.
9.
Neither the respondent nor any person associated with it in the
capacity of owner, partner, director, officer, principal, investigator,
project director, manager, audito" or position involving the
administration of federal funds:
o Has within the preceding three years been convicted of 0'
had a civil judgment rendered against them or is presently
indicted for or othelWise criminally or civilly charged fo,:
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a federal,
state, or local government transaction or public contract;
violation of federal or state antitrust statutes; or commission
of embezzlement, theft, forgery, bribery, falsification or
destruction of reco,ds, making false statements, or
receiving stolen property; or
o Has within a three-year period p,eceding this certification
had one or more fede,al, state, or local government
contracts terminated for cause or default.
The product offe,ed by the respondent will conform to the
specifications without exception.
The respondent has read and understands the Contract terms
and conditions, and the submission is made in conformance with
those terms and conditions.
If an award is made to the respondent, the respondent agrees
that it intends to be legally bound to the Contract that is formed
with the State.
The respondent has made a diligent inquiry of its employees and
agents responsible for preparing, approving, or submitting the
response, and has been advised by each of them that he or she
has not participated in any communication, consultation,
discussion, agreement, collusion, act or othe, conduct
inconsistent with any of the statements and representations
made in the response.
The respondent shall indemnify, defend, and hold harmless the
Buyer and its employees against any cost, damage, or expense
which may be incurred or be caused by any error in the
respondent's p,eparation of its bid.
All information provided by, and rep,esentations made by, the
respondent are material and important and will be relied upon by
the Buyer in awarding the Contract. Any misstatement shall be
treated as fraudulent concealment from the Buyer of the true
facts relating to submission ofthe bid. A misrepresentation shall
be punishable under law, including, but not limited to, Chapter
817 of the Florida Statutes.
10. Perfonnance Qualifications. The Buyer reserves the right to
investigate 0' inspect at any time whether the product, qualifications,
or facilities offered by respondent meet the Contract requirements.
Respondent shall at all times during the Contract term remain
responsive and responsible. Respondent must be prepared, if
requested by the Buyer, to present evidence of experience, ability, and
financial standing, as well as a statement as to plant, machinery, and
capacity of the ,espondent for the production, distribution, and
servicing of the product bid. If the Buyer determines that the
conditions of the solicitation documents are not complied with. or that
the product proposed to be furnished does not meet the specified
requirements, or that the qualifications, financial standing, or facilities
a,e not satisfactory, or that performance is untimely, the Buyer may
,eject the response or terminate the Contract. Respondent may be
disqualified from receiving awards if respondent, or anyone in
respondent's employment, has previously failed to perform
satisfactorily in connection with public bidding or contracts. This
paragraph shall not mean or imply that it is obligatory upon the Buyer
to make an investigation either before or after awa,d of the Contract,
but should the Buyer elect to do so, respondent is not relieved from
fulfilling all Contract requirements.
11. Public Opening. Responses shall be opened on the date and at the
location indicated on the Timeline. Respondents may. but are not
required to, attend. The Buyer may choose not to announce prices
or release other materials pursuant to s. 119.07(3)(m), Florida
Statutes. Any person requiring a special accommodation because of
a disability should contact the Procu,ement Officer at least five (5)
workdays prior to the solicitation opening. If you are hearing or
speech impai,ed, please contact the Buyer by using the Florida Relay
Service at (800) 955-8771 (TOO).
12. Electronic PostIng of Notice of Intended Award. Based on the
evaluation, on the date indicated on the Timeline the Buyer shaN
2
electronically post a notice of intended award at
http://fcn.state.fl.uslowa_vbslowalvbs_ www.main_menu. If the notice
of award is delayed, in lieu of posting the notice of intended award the
Buyer shall post a notice of the delay and a revised date for posting
the notice of intended award. Any pe,son who is adversely affected
by the decision shall file with the Buyer a notice of protest within 72
hours after the electronic posting. The Buye, shall not provide
tabulations or notices of award by telephone.
13. Firm Response. The Buyer may make an award within sixty (60)
days after the date of the opening, during which period responses
shall remain firm and shall not be withd,awn. If award is not made
within sixty (60) days, the response shall ,emain firm until either the
Buyer awards the Contract or the Buye, receives from the respondent
written notice that the response is withdrawn. Any response that
expresses a shorter duration may, in the Buyer's sole discretion, be
accepted or rejected.
14. Clarifications/Revisions. Before award, the Buyer ,eserves the right
to seek clarifications or request any information deemed necessary for
proper evaluation of submissions from all respondents deemed
eligible for Contract award. Failure to provide requested information
may result in rejection of the response.
15. Minor Irregularities/Right to Reject. The Buyer reserves the right
to accept or reject any and all bids, or separable portions thereof, and
to waive any minor irregularity, technicality, 0' omission if the Buyer
determines that doing so will serve the State's best interests. The
Buye, may 'eject any response not submitted in the manner specified
by the solicitation documents.
16. Contract Formation. The Buyer shall issue a notice of award, if any,
to successful respondent(s), however, no contract shall be formed
between respondent and the Buyer until the Buyer signs the Contract.
The Buyer shall not be liable fo, any costs incurred by a respondent
in preparing or producing its ,esponse or for any work performed
befo,e the Contract is effective.
17. Contract Overlap. Respondents shall identify any products covered
by this solicitation that they are currently authorized to furnish under
any state term contract. By entering into the Contract, a Contractor
authorizes the Buyer to eliminate duplication between agreements in
the manner the Buyer deems to be in its best inte,est.
**18. Public Records. Florida law generously defines what constitutes a
public record; see, for example, section 119.07 ofthe Florida Statutes.
If a respondent believes that its response contains information that
should not be a public record, the respondent shall clearly seg,egate
and mark that information (for example, placing the material in a
separate elect,onic file, and including the word "Confidential" in the
filename) and briefly describe in writing the grounds for claiming
exemption from the public records law, including the specific statutory
citation for such exemption.
19. Protests. Any protest concerning this solicitation shall be made in
accordance with sections 120.57(3) and 287.042(2) of the Florida
Statutes and chapter 28-110 of the Florida Administrative Code.
Questions to the Procurement Officer shall not constitute formal notice
of a protest. It is the Buyer's intent to ensure that specifications a,e
written to obtain the best value for the State and that specifications are
written to ensure competitiveness, fairness, necessity and
reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section28-110.003, Fla. Admin. Code
,equire that a notice of protest of the solicitation documents shall be
made within seventy-two hours after the posting of the solicitation.
Section 120.57(3)(a), F.S. ,equires the following statement to be
included in the solicitation: "Failure to file a protest within the time
prescribed in section 120.57(3), Florida Statutes, shall constitute a
waiver of proceedings under chapte, 120, Florida Statutes."
Section 28-110.005, Fla. Admin. Code requires the following
statement to be included in the solicitation: "Failure to file a protest
within the time prescribed in Section 120.57(3), Florida Statutes, or
failure to post the bond or other security requi,ed by law within the
time allowed for filing a bond shall constitute a waiver of proceedings
under Chapter 120, Florida Statutes:
DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO
SUBMISSION INSTRUCTIONS IN THE BID DOCUMENT.
DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO
SPECIAL CONDITIONS IN THE BID DOCUMENT.
(PUR 1001 .60A-1.002(7), FAC.)
1.
GENERAL CONTRACT CONDITIONS
3.
Product Version. Pu,chase orders shall be deemed to ,efe,ence a
manufacturer's most recently ,elease model or version of the product
at the time of the order, unless the Customer specifically requests in
writing an earlier model or version and the contractor is willing to
provide such model or version.
Price Changes Applicable only to Term Contracts. If this is a term
contract for commodities or services, the following p,ovisions apply.
(a) Quantity Discounts. Contractors are u,ged to offer additional
discounts for one time delivery of large single orders. Customers
should seek to negotiate additional price concessions on quantity
purchases of any products offered under the Contract. State
Customers shan document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer
becomes aware of better pricing offered by the Contractor for
substantially the same or a smaller quantity of a product outside
the Contract, but upon the same or similar terms of the Contract,
then at the discretion of the Customer the price under the
Contract shall be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the
balance of the Contract term due to a change in market
conditions, a Contractor may conduct sales promotions involving
price reductions for a specified lesser period. A Contractor shall
submit to the Contract Specialist documentation identifying the
proposed (1) starting and ending dates of the promotion, (2)
products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shan be available to all
Customers. Upon approval, the Contractor shall provide
conspicuous notice of the promotion.
Definitions. The definitions contained in s. 60A-1.001, FAC. shall
apply to this agreement. The following additional terms are also
defined:
2.
(a) .Contract" means the legally enforceable agreement that results
from a successful solicitation. The parties to the Contract will be
the Customer and Contractor.
(b) .Customer" means the State agency or othe, entity that will order
products directly from the Contractor under the Contract.
(c) .Product" means any deliverable under the Contract, which may
include commodities, services, technology or software.
(d) .Purchase order" means the form or format a Customer uses to
make a purchase under the Contract (e.g., a formal written
pu,chase order, electronic purchase order, procurement card, or
other authorized means).
Purchase Orders. A Contractor shall not deliver or furnish products
until a Customer transmits a purchase order. All purchase orders
shall bear the Contract or solicitation number, shall be placed by the
Customer directly with the Contracto" and shall be deemed to
incorporate by reference the Contract and solicitation terms and
conditions. Any discrepancy between the Contract terms and the
terms stated on the Contractor's order form. confirmation, or
acknowledgement shall be resolved in favor of terms most favorable
to the Customer. A purchase order for services within the ambit of
section 287.058(1) of the Florida Statutes shall be deemed to
incorporate by reference the requirements of subparagraphs (a)
through (f) the,eof. Customers shall designate a contract manager and
a contract administrator as required by subsections 287.057(15) and
(16) of the Florida Statutes.
4.
3
(d) Trade-In. Customers may trade-in equipment when making
purchases from the Contract. A trade-in shall be negotiated
between the Customer and the Contractor. Customers are
obligated to actively seek current fai, market value when trading
equipment, and to keep accurate records of the process. For
State agencies, it may be necessary to provide documentation
to the Department of Financial Services and to the agency
property custodian pu,suant to Chapte, 273, F.S.
(e) Equitable Adiustment The Customer may, in its sole disc,etion,
make an equitable adjustment in the Contract terms or pricing if
pricing or availability of supply is affected by extreme and
unforeseen volatility in the marketplace, that is, by circumstances
that satisfy all the following criteria: (1) the volatility is due to
causes wholly beyond the Contractor's control, (2) the volatility
affects the marketplace or industry, not just the particular
Contract source of supply, (3) the effect on pricing or availability
of supply is substantial, and (4) the volatility so affects the
Contractor that continued performance of the Contract would
result in a substantial loss.
5. Additional Quantities. For a period not exceeding ninety (90) days
from the date of solicitation award, the Customer reserves the right to
acquire additional quantities up to the amount shown on the
solicitation but not to exceed the threshold for Category Two at the
prices submitted in the response to the solicitation.
6. Packaging. Tangible product shall be securely and properly packed
for shipment, storage, and stocking in appropriate, clearly labeled,
shipping containers and according to accepted comme,cial practice,
without extra charge for packing materials, cases, or other Iypes of
containers. All containe,s and packaging shall become and remain
Custome,'s property.
7. Manufacturer's Name and Approved Equivalents. Unless
otherwise specified, any manufacturers' names, trade names, b,and
names, information or catalog numbers listed in a specification are
descriptive, not restrictive. With the Customer's prior app,oval, the
Contractor may provide any product that meets 0' exceeds the
applicable specifications. The Contractor shall demonstrate
comparability, including appropriate catalog materials, literature,
specifications, test data, etc. The Customer shall determine in its sole
discretion whether a product is acceptable as an equivalent.
8. Inspection at Contractor's Site. The Customer reserves the right to
inspect, at any reasonable time with prior notice, the equipment 0'
product or plant or other facilities of a Contractor to assess conformity
with Contract requirements and to determine whether they a,e
adequate and suitable for proper and effective Contract performance.
9. Safety Standards. All manufactured items and fabricated assemblies
subject to operation under pressure, operation by connection to an
electric source, or operation involving connection to a manufactured,
natu,al, or LP gas source shall be constructed and approved in a
manner acceptable to the appropriate State inspector. Acceptability
customarily requires, at a minimum, identification marking of the
appropriate safety standard organization, where such approvals of
listings have been established fo, the type of device offe,ed and
furnished, for example: the American Society of Mechanical
Engineers for pressure vessels; the Underwriters Laboratories and/or
National Electrical Manufacturers' Association for electrically operated
assemblies; and the American Gas Association for gas-operated
assemblies. In addition, all items furnished shall meet all applicable
requirements of the Occupational Safety and Health Act and state and
fede,al requirements relating to clean air and water pollution.
10. Americans with Disabilities Act. Contractors should identify any
products that may be used or adapted for use by visually, hearing, or
other physically impaired individuals.
11. Literature. Upon request, the Cont,acto, shall furnish literature
reasonably related to the product offered, for example, user manuals,
price schedules, catalogs, descriptive brochures, etc.
12. Transportation and Delivery. Prices shall include all charges for
packing, handling, freight, distribution, and inside delivery.
Transportation of goods shall be FOB Destination to any point within
thirty (30) days after the Customer places an Order. A Contractor,
within five (5) days after receiving a purchase order, shall notify the
Customer of any potential delivery delays. Evidence of inability or
intentional delays shall be cause for Contract cancellation and
Contracto, suspension.
13. Installation. Where installation is required, Contractor shall be
responsible for placing and installing the product in the requi,ed
locations at no additional charge, unless otherwise designated on the
purchase order. Contractor's authorized product and price list shall
clearly and separately identify any additional installation charges. All
materials used in the installation shall be of good quality and shall be
free of defects that would diminish the appearance of the product or
render it structurally or operationally unsound. Installation includes the
fumishing of any equipment, rigging, and materials required to install
or replace the product in the proper location. Contractor shall protect
the site from damage and shall repair damages or injury caused
during installation by Contractor or its employees 0' agents. If any
alteration, dismantling, excavation, etc., is required to achieve
installation, the Contractor shall promptly restore the structure or site
to its original condition. Contractor shall perform installation work so
as to cause the least inconvenience and interference with Customers
and with proper consideration of others on site. Upon completion of
the installation, the location and surrounding a,ea of work shall be left
clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order.
14. Risk of Loss. Matters of inspection and acceptance are addressed
in s. 215.422, F.S. Until acceptance, risk of loss or damage shall
,emain with the Contractor. The Contractor shall be responsible for
filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer shall: record any
evidence of visible damage on all copies of the delivering carrier's Bill
of Lading; report damages to the carrier and the Contractor; and
provide the Contractor with a copy of the carrier's Bill of Lading and
damage inspection report. When a Customer rejects a product,
Contractor shall ,emove it from the premises within ten days after
notification 0' rejection. Upon rejection notification, the risk of loss of
rejected or non-conforming product shall remain with the Contractor.
Rejected product not removed by the Contractor within ten days shall
be deemed abandoned by the Contractor, and the Customer shall
have the right to dispose of it as its own property. Contractor shall
reimburse the Customer for costs and expenses incurred in storing or
effecting removal or disposition of rejected product.
*15. Transaction Fee. The State of Florida has instituted
MyFloridaMarketPJace, a statewide eProcurement System ("System").
Pursuantto section 287.057(23), Florida Statutes (2002), all payments
shall be assessed a Transaction Fee of one percent (1.0%), which the
Contractor shall pay to the State, unless exempt pursuant to 60A-
1.032, FAC.
For payments within the State accounting system (FLAIR or its
successor), the Transaction Fee shall, when possible, be
automatically deducted from payments to the Contractor. If automatic
deduction is not possible, the Contractor shall pay the Transaction Fee
pu,suant to Rule 60A-1.031 (2), FAC. By submission of these reports
and corresponding payments, Contractor certifies their correctness.
All such reports and payments shall be subject to audit by the State or
its designee.
Contractor shall receive a credit for any Transaction Fee paid by the
Contractor for the purchase of any jtem(s) if such item(s) are returned
to the Contractor through no fault, act, 0' omission of the Contractor.
Notwithstanding the foregoing, a Transaction Fee is non-refundable
when an item is rejected or returned, or declined, due to the
Contractor's failure to perform or comply with specifications or
requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for
declaring the Contractor in default and recovering reprocurement
costs from the Contractor in addition to all outstanding fees.
CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES
SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS
WITH THE STATE.
16. Invoicing and Payment. Invoices shall contain the Contract number,
purchase order numbe" and the appropriate vendor identification
number. The State may require any other information from the
Contractor that the State deems necessary to verify any purchase
order placed under the Contract. At the State's option, Contractors
may be required to invoice electronically pursuant to guidelines of the
Department of Management Services. Current guidelines require that
Contractor supply electronic invoices in lieu of pape,-based invoices
4
for those transactions processed through the system. Electronic
invoices shall be submitted to the Customer through the Ariba
Supplier Network (ASN) in one of the following mechanisms - EDI
810, cXMl, 0' web-based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and
287.05850fthe Florida Statutes, which govem time limits for payment
of invoices. Invoices that must be retumed to a Contractor due to
preparation errors will result in a delay in payment. Contractors may
call (850) 413-7269 Monday through Friday to inquire aboutthe status
of payments by State Agencies. The Custome, is responsible for all
payments under the Contract. A Customer's failure to pay, or delay
in payment, shall not constitute a breach of the Contract and shall not
relieve the Contractor of its obligations to the Department or to othe,
Customers.
17. Taxes. The State does not pay Federal excise or sales taxes on direct
purchases of tangible personal property. The State will not pay for
any personal property taxes levied on the Contractor or for any taxes
levied on employees' wages. Any exceptions to this pa,agraph shall
be explicitly noted by the Customer on a pu,chase order 0' othe,
special contract condition.
18. Governmental Restrictions. If the Contractor believes that any
governmental restrictions have been imposed that require alteration
of the material, quality, workmanship or performance of the products
offered under the Contract, the Contractor shall immediately notify the
Custome, in writing, indicating the specific restriction. The Customer
reserves the right and the complete discretion to accept any such
alte,ation or to cancel the Contract at no further expense to the
Customer.
19. Lobbying and Integrity. Customers shall ensure compliance with
Section 11.062, FS and Section 216.347, FS.The Contractor shall
not, in connection with this or any other ag,eement with the State,
directly or indirectly (1) offer, confer, or agree to confer any pecuniary
benefit on anyone as conside,ation for any State officer or employee's
decision, opinion, recommendation, vote, othe, exercise of disc,etion,
or violation of a known legal duty, or (2) offer, give, or agree to give to
anyone any gratuity for the benefit of, or at the direction or request of,
any State officer or employee. For purposes of clause (2), "gratuity"
means any payment of mo,e than nominal monetary value in the form
of cash, travel, entertainment, gifts, meals, lodging, loans,
subscriptions, advances, deposits of money, services, employment,
or contracts of any kind. Upon request of the Customer's Inspector
General, or other authorized State official. the Contractor shall provide
any type of information the Inspector General deems relevant to the
Contractor's integrity or responsibility. Such information may indude,
but shall not be limited to, the Contractor's business or financial
records, documents, or files of any type or form that refer to or relate
to the Contract. The Contracto, shall retain such records for the
longer of (1) three years after the expiration of the Contract or (2) the
period required by the General Records Schedules maintained by the
Florida Department of State (available at:
http://dlis.dos.state.f1.us/barmlgenschedules/gensched.htm). The
Contractor agrees to reimburse the State fo, the reasonable costs of
investigation incurred by the Inspector General or other authorized
State official for investigations of the Contractor's compliance with the
terms of this or any other agreement between the Contractor and the
State which results in the suspension or debarment of the Contractor.
Such costs shall indude, but shall not be limited to: salaries of
investigators, induding overtime; travel and lodging expenses; and
expert witness and documentary fees. The Contractor shall not be
responsible for any costs of investigations that do not result in the
Contractor's suspension or debarment.
20. Indemnification. The Contractor shall be fully liable for the actions
of its agents, employees, partners, or subcontractors and shall fully
indemnify, defend, and hold harmless the State and Customers, and
their officers, agents, and employees, from suits, actions, damages,
and costs of every name and description, including attorneys' fees,
arising from or relating to personal injury and damage to real or
personal tangible property alleged to be caused in whole or in part by
Contractor, its agents, employees, partners, or subcontractors,
provided, however, that the Contractor shall not indemnify for that
portion of any loss 0' damages p,oximately caused by the negligent
act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold
harmless the State and Customers from any suits, actions, damages,
and costs of every name and description, including attomeys' fees,
arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret or intellectual property right, provided,
howeve" that the foregoing obligation shall not apply to a Customer's
misuse or modification of Contractor's products 0' a Customer's
ope,ation 0' use of Contractor's products in a manner not
contemplated by the Contract or the purchase order. If any p,oduct is
the subject of an infringement suit, or in the Contractor's opinion is
likely to become the subject of such a suit, the Contracto, may at its
sole expense procure for the Customer the right to continue using the
product 0' to modify it to become non-infringing. If the Contractor is
not reasonably able to modify 0' otherwise secure the Custome, the
right to continue using the product, the Contractor shall remove the
product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for
any royalties.
The Contractor's obligations unde, the p,eceding two paragraphs with
respect to any legal action are contingent upon the State or Customer
giving the Contractor (1) written notice of any action or th,eatened
action, (2) the opportunity to take ove, and settle or defend any such
action at Contractor's sole expense, and (3) assistance in defending
the action at Contractor's sole expense. The Contractor shall not be
liable fo, any cost, expense, or comp,omise incurred or made by the
State or Customer in any legal action without the Contractor's prior
written consent, which shall not be unreasonably withheld.
21. Limitation of liability. For all claims against the Contractor under
any individual purchase order, and regardless of the basis on which
the claim is made, the Contractor's liability under a purchase o,der for
direct damages shall be limited to the g,eater of $100,000, the dollar
amount of the purchase order, or two times the charges rendered by
the Contractor under the purchase order. This limitation shall not
apply to claims arising under the Indemnity paragraph contain in this
agreement.
Unless otherwise specifically enumerated in the Contract or in the
purchase order, no party shall be liable to anothe, for special, indirect,
punitive, 0' consequential damages, including lost data or records
(unless the purchase order requires the Contractor to back-up data or
records), even if the party has been advised that such damages are
possible. No party shall be liable for lost profits, lost revenue, or lost
institutional ope,ating savings. The State and Customer may, in
addition to other remedies available to them at law or equity and upon
notice to the Cont,actor, retain such monies from amounts due
Contractor as may be necessary to satisfy any claim for damages,
penalties, costs and the like asserted by or against them. The State
may set off any liability or other obligation of the Contractor or its
affiliates to the State against any payments due the Contractor under
any contract with the State.
22. Suspension of Work. The Custome, may in its sole discretion
suspend any or all activities under the Contract, at any time, when in
the best interests of the State to do so. The Customer shall provide
the Contractor written notice outlining the particulars of suspension.
Examples of the reason for suspension include, but are not limited to,
budgetary constraints, declaration of emergency, or other such
circumstances. After receiving a suspension notice, the Contractor
shall comply with the notice and shall not accept any purchase orders.
Within ninety days, or any longer period agreed to by the Contractor,
the Customer shall either (1) issue a notice authorizing resumption of
work, at which time activity shall resume, or (2) terminate the Contract.
Suspension of work shall not entitle the Contractor to any additional
compensation.
23. Termination for Convenience. The Customer, by written notice to
the Contractor, may terminate the Contract in whole or in part when
the Customer determines in its sole discretion that it is in the State's
interest to do so. The Contractor shall not fumish any product afte, it
,eceives the notice of termination, except as necessary to complete
the continued portion of the Contract, if any. The Contractor shall not
be entitled to recover any cancellation charges or lost profits.
24. Termination for Cause. The Customer may terminate the Contract
if the Contractor fails to (1) deliver the product within the time specified
in the Contract or any extension, (2) maintain adequate progress, thus
endangering performance of the Contract, (3) honor any term of the
Contract, or (4) abide by any statutory, regulatory, or licensing
requirement. Rule 6OA-1.006(3), FAC., governs the procedure and
consequences of default. The Contractor shall continue work on any
5
25.
work not terminated. Except for defaults of subcontractors at any tier,
the Contractor shall not be liable for any excess costs if the failu,e to
perform the Contract arises from events completely beyond the
control, and without the fault or negligence, of the Contractor. If the
failure to perform is caused by the default of a subcontractor at any
tie" and if the cause of the default is completely beyond the control of
both the Cont,actor and the subcontractor, and without the fault or
negligence of either, the Contractor shall not be liable for any excess
costs for failu,e to perform, unless the subcontracted p,oducts were
obtainable from other sources in sufficient time for the Contractor to
meet the required delivery schedule. If, after termination, it is
determined that the Contracto, was not in default, or that the default
was excusable, the rights and obligations of the parties shall be the
same as if the termination had been issued fo, the convenience of the
Customer. The rights and remedies of the Customer in this clause are
in addition to any othe, rights and remedies provided by law or under
the Contract.
Force Majeure, Notice of Delay, and No Damag~s for De.lay. .The
Contracto, shall not be responsible for delay resulting from Its failure
to perform if neither the fault nor the negligence of the Contra~tor or
its employees or agents contributed to the delay and the delay IS due
directly to acts of God, wars, acts of public enemies, strikes, fires,
floods or other similar cause wholly beyond the Contractor's control,
or for ~ny of the foregoing that affect subcontractors or supplie,s if no
altemate source of supply is available to the Contractor. In case of
any delay the Contractor believes is excusable, the C~ntractor shall
notify the Customer in writing of the delay or potentral delay and
describe the cause of the delay either (1 ) within ten (10) days after the
cause that creates or will create the delay first arose, if the Contractor
could ,easonably foresee that a delay could occur as a result, or (2)
if delay is not reasonably foreseeable, within five (5) days after the
date the Contractor first had reason to believe that a delay could
result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO
DELAY. Providing notice in strict acco,dance with this paragraph is
a condition precedent to such remedy. No claim for damages, other
than for an extension of time, shall be asserted against the Customer.
The Contractor shall not be entitled to an increase in the Contract
price or payment of any kind from the Customer for di,ect,. indir~ct,
consequential, impact or other costs, expenses or damages, including
but not limited to costs of acceleration or inefficiency, arising because
of delay, disruption, interference, or hindrance from any cau~e
whatsoever. If performance is suspended 0' delayed, In whole 0' In
part, due to any of the causes described in this pa,agraph, after the
causes have ceased to exist the Contractor shall perform at no
increased cost, unless the Custome, determines, in its sole discretion,
that the delay will significanUy impair the value of the Contract to the
State or to Customers, in which case the Customer may (1) accept
allocated performance or deliveries from the Contractor, provided that
the Contractor grants preferential treatment to Customers with respect
to products subjected to allocation, or (2) purchase from other sources
(without recourse to and by the Contractor for the related costs and
expenses) to replace all or part of the products that are the subject of
the delay, which purchases may be deducted from the Contract
quantity, or (3) terminate the Contract in whole or in part.
Scope Changes. The Customer may unilaterally requi,e, by written
order, changes altering, adding to, or deducting from the Contract
specifications, provided that such changes are within the gene,al
scope of the Contract. The Custome, may make an equitable
adjustment in the Contract price or delivery date if the change affects
the cost or time of performance. Such equitable adjustments require
the written consent of the Contractor, which shall not be unreasonably
withheld. If unusual quantity requirements arise, the Custome, may
solicit separate bids to satisfy them.
Renewal. Upon mutual agreement, the Customer and the Contractor
may renew the Contract, in whole or in part, for a period that may not
exceed 3 years or the term of the contract, whichever period is longer.
Any renewal shall specify the renewal price, as set forth in the
solicitation response. The renewal must be in writing and Signed by
both parties, and is contingent upon satisfactory performance
evaluations and subject to availability of funds.
Advertising. Subject to Chapter 119, Florida Statutes, the Contractor
shall not publicly disseminate any information conceming the Contract
without prior written approval from the Custome" including, but not
26.
27.
28.
29.
limited to mentioning the Contract in a press release or other
promotional material, identifying the Customer or the State as a
reference, or otherwise linking the Contracto,'s name and either a
description of the Contract or the name of the State or the Custom.er
in any material published, either in print or electronically, to any entrty
that is not a party to Contract, except potential or actual authorized
distributors, dealers, ,esellers, 0' service representative.
Assignment. The Contractor shall not sell, assign or transfer any of
its rights, duties 0' obligations under the Contract, or under any
purchase order issued pursuant to the Contract, without the prio,
written consent of the Customer; provided, the Contracto, assigns to
the State any and all claims it has with respect to the Contract under
the antitrust laws of the United States and the State. In the event of
any assignment, the Contractor remains secondarily liable for
performance of the contract, unless the Custo~er expressly waiv~s
such secondary liability. The Customer may assign the Contract WIth
prior written notice to Contracto, of its intent to do so.
Dispute Resolution. Any dispute conceming performance of the
Contract shall be decided by the Customer's designated contract
manager, who shall reduce the decision to writing and serve a copy on
the Contractor. The decision shall be final and conclusive unless
within ten (10) days from the date of receipt, the Contractor files with
the Customer a petition for administrative hearing. The Customer's
decision on the petition shall be final, subject to the Contractor's right
to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion
of administrative remedies is an absolute condition precedent to the
Contractor's ability to pursue any other form of dispute ,esolution;
provided, however, thalthe parties may employ the altemative dispute
resolution procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or
equitable action that arises out of or ,elates t~ the. Contract shal~ be
the appropriate state court in Leon County, Florida; In any such action,
Florida law shall apply. The parties waive any right to jury trial.
Employees, Subcontractors, and Agents. All Contractor
employees, subcontractors, 0' agents performing work under the
Contract shall be property t,ained technicians who meet or exceed any
specified training qualifications. Upon request, Contra~or s~1I
furnish a copy of technical certification or other proof of qualificatIon.
All employees, subcontractors, or agents performing work under the
Contract must comply with all security and administrative requirements
of the Customer. The State may conduct, and the Contractor shall
cooperate in, a security background check or otherwise assess any
employee, subcontractor, or agent fumished by the Contractor. The
State may refuse access to, or require replacement of, any personnel
for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-
compliance with a Customer's security or other ,equirements. Such
approval shall not relieve the Contractor of its obligation te:' perform all
work in compliance with the Contract. The State may reject and bar
from any facility fo, cause any of the Contractor's employees,
subcontractors, or agents.
Security and Confidentiality. The Contractor shall comply fully with
all security procedures of the State and Custome, in performance of
the Contract. The Contractor shall not divulge to third parties any
confidential information obtained by the Contractor or its agents,
distributors, resellers, subcontractors, officers or employees in the
course of performing Contract work, including, but not limited ~o,
security procedures, business operations information, or commerCIal
proprietary information in the possession of the State or Customer.
The Contractor shall not be required to keep confidential information
or material that is publicly available through no fault of the Contractor,
material that the Contractor developed independenUy without relying
on the State's or Customer's confidential information, or material that
is otherwise obtainable under State law as a public record. To insure
confidentiality, the Contractor shall take appropriate steps as to its
personnel, agents, and subcontractors. The warranties of this
paragraph shall survive the Contract.
Contractor Employees, Subcontractors, and Other Agents. The
Customer and the State shall take all actions necessary to ensure that
Contractor's employees, subcontractors and other agents are not
employees of the State of Florida. Such actions include, but are not
limited to, ensuring that Contractor's employees, subcontractors, and
other agents receive benefits and necessary insurance (health,
workers' compensations, and unemployment) from an employer other
30.
31.
32.
33.
6
BID NUMBER: RFP/DF-04/05-99
than the State of Florida.
34. Insurance Requirements. During the Contract term, the Contractor
at its sole expense shall provide comme,cial insurance of such a type
and with such terms and limits as may be reasonably associated with
the Contract. Providing and maintaining adequate insurance
cove,age is a material obligation of the Contracto,. Upon ,equest, the
Contractor shall p,ovide certificate of insurance. The limits of cove,age
under each policy maintained by the Contractor shall not be
interpreted as limiting the Contractor's liability and obligations under
the Contract. All insurance policies shall be through insurers
authorized or eligible to write policies in Florida.
35. Warranty of Authority. Each person signing the Contract warrants
that he or she is duly authorized to do so and to bind the respective
party to the Contract.
36. Warranty of Ability to Perform. The Contractor warrants that, to the
best of its knowledge, there is no pending or th,eatened action,
proceeding, or investigation, 0' any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor's
ability to satisfy its Contract obligations. The Contractor warrants that
neither it nor any affiliate is currently on the convicted vendor list
maintained pursuant to section 287.133 of the Florida Statutes, or on
any similar list maintained by any other state or the federal
govemment. The Contractor shall immediately notify the Customer in
writing if its ability to perform is compromised in any manner during the
term of the Contract.
37. Notices. All notices required under the Contract shall be delivered by
certified mail, retum receipt requested, by reputable air courier
service, or by personal delivery to the agency designee identified in
the original solicitation, or as otherwise identified by the Customer.
Notices to the Contractor shall be delivered to the person who signs
the Contract. Either designated recipient may notify the other, in
writing, if someone else is designated to receive notice.
38. Leases and Installment Purchases. Prio, approval of the Chief
Financial Officer (as defined in Section 17.001, F.S.) is required for
State agencies to ente, into or to extend any lease or installment-
purchase ag,eement in excess of the Category Two amount
established by section 287.017 of the Florida Statutes.
39. Prison Rehabilitative Industries and Diversified Enterprises. Inc.
(PRIDE). Section 946.515(2), F.S. requires the following statement to
be included in the solicitation: .It is exp,essly understood and agreed
that any articles which are the subject of, or required to carry out, the
Contract shall be purchased from the corporation identified under
Chapter 946 of the Florida Statutes (PRIDE) in the same manner and
under the same procedures set forth in section 946.515(2) and (4) of
the Florida Statutes; and for purposes of the Contract the person, firm,
or other business entity carrying out the provisions of the Contract
shall be deemed to be substituted for the agency insofar as dealings
with such corporation are concerned." Additional information about
PRIDE and the products it offers is available at http://www.pridefl.com.
40. Products Available from the Blind or Other Handicapped. Section
413.036(3), F .S. requires the following statement to be included in the
solicitation: "It is expressly understood and agreed that any articles
that are the subject of, or required to carry out, this contract shall be
purchased from a nonprofit agency for the Blind 0' for the Severely
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in
the same manner and under the same procedures set forth in section
413.036(1) and (2), Florida Statutes; and for purposes of this cont,actthe
person, firm, or othe, business entity carrying out the provisions of this
contract shall be deemed to be substituted for the State agency insofar as
dealings with such qualified nonprofit agency a,e concemed." Additional
information about the designated nonprofit agency and the products it offers
is available at http://www.respectofflorida.org.
41. Modification of Terms. The Contract contains all the te,ms and
conditions agreed upon by the parties, which terms and conditions
shall govem all transactions between the Customer and the
Contractor. The Contract may only be modified or amended upon
mutual written ag,eement of the Customer and the Contractor. No
oral agreements or rep,esentations shall be valid or binding upon the
Customer or the Contractor. No alteration or modification of the
Contract terms, including substitution of product, shall be valid 0'
binding against the Customer. The Contractor may not unilaterally
modify the terms of the Contract by affixing additional terms to product
upon delivery (e.g., attachment or inclusion of standard preprinted
forms, product literature, .shrink wrap. te,ms accompanying or affixed
to a product, whether written or electronic) or by incorporating such
terms onto the Contractor's order 0' fiscal forms 0' other documents
forwa,ded by the Contractorfo, payment. The Customer's acceptance
of product or processing of documentation on forms fumished by the
Contractor for approval or payment shall not constitute acceptance of
the proposed modification to terms and conditions.
42. Cooperative Purchasing. Pursuant to their own goveming laws, and
subject to the agreement of the Contractor, other entities may be
permitted to make purchases at the terms and conditions contained
herein. Non-Customer purchases are independent of the ag,eement
between Customer and Contractor, and Customer shall not be a party
to any transaction between the Contractor and any other purchaser.
State agencies wishing to make pu,chases from this ag,eement a,e
required to follow the provisions of s. 287.042(16)(a), F.S. This statute
requires the Department of Management Services to determine that
the requestor's use of the contract is cost-effective and in the best
interest of the State.
43. Waiver. The delay or failure by the Customer to exercise or enforce
any of its rights unde, this Contract shall not constitute or be deemed
a waive, of the Customer's right thereafter to enforce those rights, nor
shall any single or partial exercise of any such right preclude any other
or furthe, exe,cise thereof or the exercise of any other right.
44. Annual Appropriations. The State's perfo,mance and obligation to
pay under this contract are contingent upon an annual appropriation
by the Legislature.
45. Execution in Counterparts. The Contract may be executed in
counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument.
46. Severability. If a court deems any provision of the Contract void or
unenfo,ceable, that p,ovision shall be enforced only to the extent that
it is not in violation of law 0' is not otherwise unenforceable and all
other provisions shall remain in full fo,ce and effect.
47. Special Conditions. Pursuant to 60A-1.002(7), FAC., a Customer
may attach additional contractual and technical terms and conditions.
These .special conditions. shall take precedence over this form PUR
1000 unless the conflicting term in this form is statutorily required, in
which case the term contained in the form shall take precedence.
-THIS CONDITION DOES NOT APPL Y TO THIS AGENCY.
(PUR 1000 - 6OA.1.002(7), FAC.)
7
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
CHECKLIST
1. The entire Request for Proposal (RFP) has been read.
2. The RFP Form 1001/1000 Instructions to Respondent's and General Contract
Conditions (Pages 1-8) is completed and signed.
3. A complete address for the Proposer in the space provided (include street address or
post office box, city, zip code and telephone number.) Please note: All future
correspondence will be sent to the contact person listed on your proposal.
4. In all instances where a local government's jurisdiction is impacted by the grant project,
a resolution (by the local government) indicating support for the project must be
submitted with the Grant Proposal Packet (Attachment G).
5. For Site Specific Projects, a resolution from the responsible governing body must be
submitted with the Grant Proposal Packet, indicating that they will execute a
Maintenance Memorandum of Agreement with the Department of Agriculture.
6. Documentation of costs incurred and photographs before the completion of Site
Specific Projects, as well as after completion for projects implemented since October
13, 2004. This documentation needs to be submitted as evidence that storm damage
has occurred for site specific projects, where applicable. Documentation should also
indicate what costs have already been reimbursed, and by what agency.
7. For site specific projects along roadways, please provide on page 2 of the Proposal
form (Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated
by a slash (I), if both exist. If only one exists, please circle either "U.S." or "SR." to
indicate which numbers you are giving.
8. In conformance with Section 481.329(7), Florida Statutes, "Persons who perform
landscape architectural services not for compensation, or in their capacity as
employees of municipal or county governments, shall not be required to be licensed...."
This means that if the required design is completed by an unpaid volunteer or an
employee of municipal or county government, a Florida registered architect does not
have to sign and seal the drawings.
9. Conflict of Interest Statement (Attachment B) is completed and signed.
10. Urban and Community Forestry Proposal form (Attachment D) is completed and signed
in blue ink. Detailed itemized budget summary (Attachment E) is completed.
11. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility
Matters; and Drug Free Workplace Requirements (Attachment C) is completed and
signed.
12. One (1) copy with original signature and five (5) copies of the proposal package have
been submitted.
8
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
REQUEST FOR PROPOSAL
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
INSTRUCTIONS TO PROPOSERS
Each Proposer must complete/provide the following to be considered:
HOW TO SUBMIT A PROPOSAL
Proposals must be submitted in a sealed envelope to the address listed on the Form 1001/1000 Instructions to
Respondent's and General Contract Conditions by the time and date listed on the form. In addition to the
address, the face of the envelope shall be marked with the date and time of the proposal opening and the
proposal number.
1. Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one
original and five copies) of the proposal including all attachments.
a. These should be printed/copied on one side only and must not exceed forty (40) pages, including
attachments.
b. All attachments must be folded to a size not to exceed 8 1/2" X 11 ".
c. All proposals must be complete and bound by binder clip or staple NO rubber bands, binders of any
kind, folders or envelopes.
d. All signatures on the "original" must be in blue ink.
e. Multiple proposals must be submitted in separate envelopes and clearly identified as proposal #2,
proposal #3, etc. Failure to comply with this requirement may result in non award of any proposal.
2. Form 1001/1000 General Instructions to Respondent's and General Contract Conditions Complete, date
and obtain a signature from the individual who is legally authorized to approve submittal of the proposal.
Failure to return a signed form will cause the proposal to be ruled ineligible.
3. Conflict of Interest Statement (Attachment B) must be completed and signed.
4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug
free Workplace Requirements (Attachment C) must be completed and signed.
5. Grant Proposal Form (Attachment D) Proposers must use this form. It must not be altered in format or
content. This form must be completed in its entirety; the first two pages and the project description (two
page maximum, minimum 12 font), and a detailed budget.
The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals
will cause the proposal to be ruled ineligible.
6. Budget (Attachment E) Must be completed in detail.
9
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
TABLE OF CONTENTS
Request for Proposal Form 1001/1000 Instructions to Respondent's and General Contract Conditions
Special Terms, Conditions, Specifications
Attachment A Notification of Vendor Ombudsman's Name and Telephone Number
Attachment B Conflict of Interest Statement
Attachment C Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility
Matters; and Drug Free Workplace Requirements
Attachment D Emergency Hurricane Supplemental U&CF Grant Proposal Form (includes Narrative
Format/Evaluation Form)
Attachment E Budget
Attachment F Example Emergency Hurricane Supplemental U&CF Grant Proposal
Attachment G Example Emergency Hurricane Supplemental U&CF Grant Resolution
Attachment H Draft Emergency Hurricane Supplemental U&CF Grant Memorandum of Agreement (MOA)
Attachment I Draft Emergency Hurricane Supplemental U&CF Grant Maintenance Memorandum of
Agreement (MMOA)
Attachment J Division of Forestry Local Contacts
10
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
REQUEST FOR PROPOSAL
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF FORESTRY
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS
INTRODUCTION
During the months of August and September, 2004, Hurricanes Charley (August 13), Frances (September 3),
Ivan (September 16), and Jeanne (September 26) caused widespread damage to the urban forest component
of community infrastructures throughout the State of Florida. It is estimated that over 180 Florida communities
were impacted by hurricane force winds, in some cases on three separate occasions.
The loss of tree cover in these communities has created negative economic, ecological, and aesthetic
consequences. These include decreased property value, loss of tourism, extensive cleanup and recovery
costs, costs associated with increased storm water runoff, loss of energy conservation benefits, and degraded
air and water quality. Damaged trees also pose safety hazards to citizens and structures. Improvements to
surviving urban trees need to be made to improve their health and reduce damage from future storms. Local
community leaders and the general public also need to learn more about how their urban trees benefit their
community, from an economic, social, and environment standpoint. They also need to learn how to properly
select, plant and care for trees to minimize resulting future storm damage.
To address the situation, the USDA Forest Service requested emergency funding from Congress to help
impacted communities replant and revitalize their urban forests. In response, Congress authorized funds for
this grant program under the "Emergency Supplemental Appropriations for Hurricane Disaster Assistance"
(HR4837, PL 108324). This legislation provides disaster assistance to "...mitigate the effect of recent
hurricanes and other weather related events."
PURPOSE
The purpose of the 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program
is to provide financial assistance for tree planting, arboricultural practices and educational programs in urban
areas throughout the State of Florida. Local governments, Native American Tribal Governments, volunteer
groups, nonprofit organizations and educational institutions throughout the State of Florida are eligible to
receive 75% cost share funds to implement the above mentioned activities. Practices may be implemented on
county or municipally owned lands, including parks or natural areas, as well as highway and street rights of
way not maintained by the Federal government. Private homeowners may also receive replacement trees
through sponsoring government or non-profit entities.
Approximately $13,500,000 in grant funds will be available for Florida communities. All Florida communities
are eligible to receive funding, with the most heavily impacted communities receiving the highest priority.
Approximately $500,000 will be allocated to educational programs. Approximately 60% of the remaining funds
($7.8 million) will be allocated to tree planting practices, and approximately 40% of the remaining funds (5.2
million) allocated for arboricultural, inventory, and assessment projects.
More specifically, the FDACS, Division of Forestry is requesting proposals for grants to:
· Conduct inventories of trees in public areas, and assess the condition of individual trees.
11
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
· Replant trees destroyed by the hurricanes of 2004, and plant appropriate new trees in areas
where they would serve as wind butters in the event of future storms.
. Provide appropriate replacement trees to homeowners who lost trees as a result of the hurricanes.
. Replace exotic, over mature, and weak rooted trees with more wind resistant species.
. Control exotic vegetation in public areas that has been spread as a result of the hurricanes of 2004.
. Conduct corrective pruning, staking, fertilizing, and other cultural practices to remove safety hazards and
improve the wind resistance and overall health of surviving trees.
· Implement educational programs to improve the understanding of citizens and local officials of the
benefits of maintaining a healthy canopy of trees in urban areas. These programs will also help citizens
and officials to take measures in advance to minimize storm damage from trees and react decisively
when storms occur.
SCOPE
The Forestry Title of the 1995 Farm Bill, passed by the 107th Congress, authorizes the US Forest Service to
provide funding to states for grants to communities in support of their urban forestry programs. Florida
Statutes (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter
referred to as FDACS or Department) to cooperate with local governments to promote the planting and
protection of trees to improve the beauty and livability of urban environments within the State of Florida.
DEFINITIONS
For the purpose of this Request for Proposal (RFP):
1. "Applicant" means a local government, a Native American Tribal Government, a legally organized
nonprofit organization or an educational institution submitting a proposal for federal funds under this grant
program.
2. "Appropriate Species or Tree Planting" refers to selecting tree species that are suited to the size, soil
characteristics, climate, surrounding natural or man made obstacles, and any limitations of the planting
site. Also, selecting species that have not been shown to be especially susceptible to either windthrow or
breakage during storms.
3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her
designee responsible for all forestry activities within a multi county administrative unit, pursuant to Florida
Statute 589.30.
4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit
organization or educational institution.
5. "Commissioner" means the Commissioner of Agriculture for the State of Florida.
6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an
agency of the State of Florida.
7. "Hazard Mitigation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and
growing site improvement to minimize a tree's risk to life and property.
12
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
8. "Local Government" means a county, municipality, city, town, village, local public authority, school board
district, independent special district of any type, regional government entity, or any agency of a local
government.
9. "Nonprofit Organization" refers to an organization which has filed an application with the Secretary of
State of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been
issued a Federal Employer Identification Number by the Internal Revenue Service. This may include
homeowners associations, where the nature of their application is consistent with the eligibility limitations
of this grant program.
10. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required attachments
and supporting documentation not to exceed a total of 40 one sided pages, including maps and plans.
11. "Remediation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing
site improvement is to improve the long term health of trees.
12. "RFP" means Request for Proposal.
13. "Site Preparation" refers to mechanical and/or chemical treatments used to remove woody debris from a
proposed planting site and make the site suitable for tree planting and growth.
14. "State Forester" means the Director of The Division of Forestry.
15. "Statewide Project" means a project that impacts the whole state or one that implements specific activities
in more than one municipality of the state as determined by the Department.
16. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to
coordinate implementation of the grant program.
17. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to evaluate and rank the
qualifying proposals.
ELIGIBILITY REQUIREMENTS
1. Qualified applicants include legal nonprofit organizations, educational institutions, local government
entities of all types and Native American Tribal Governments. Counties may apply on behalf of one or
more unincorporated population centers within their jurisdiction.
2. All communities in Florida are eligible to apply for grants.
3. Projects that have been initiated since the Presidential declaration on October 13, 2004, are eligible for
funding under this grant, provided that adequate financial documentation and verifiable evidence of
successful completion exist.
4. Project expenditures for which the applicant has already received reimbursement from any other source
are not eligible for funding under this grant.
5. FEMA or other Federal funds can not be used to match funding received under this grant.
6. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as
well as highway rights of way not maintained by the Federal government. Private homeowners may also
receive replacement trees through sponsoring government or non-profit entities that can be planted in
either residential yards or "common areas."
13
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
. $75,000:
7. Total grant requests for each proposal are subject to the following maximum limits:
. $100,000:
. $125,000:
. $150,000:
. $175,000:
Communities of any size which received sustained tropical storm force winds from
one or more storms. Also, educational projects submitted by any Florida entities.
Communities with populations of less than 10,000, which received at least sustained
Category 1 hurricane force winds from one storm.
Communities with populations of less than 10,000, which received at least sustained
Category 1 hurricane force winds from at least two storms, or one hurricane and at
least one tropical storm. Also, communities with populations of between 10,000 and
35,000, which received sustained Category 1 hurricane force winds from one storm.
Communities with populations of between 10,000 and 35,000, which received at
least sustained Category 1 hurricane force winds from at least two storms, or at least
one hurricane and at least one tropical storm. Also, communities with populations
greater than 35,000, which received at least sustained Category 1 hurricane force
winds from one storm.
Communities with populations greater than 35,000, which received at least sustained
Category 1 hurricane force winds from at least two storms, or one hurricane and at
least one tropical storm. Also, communities with populations of between 10,000 and
35,000 which experienced maximum sustained winds meeting Category 3 criteria.
The minimum grant award for educational projects is $2,000; $10,000 for other projects from government
entities; and $5,000 from non-profit or educational groups.
8. Applicants may submit and receive funding for more than one application if sufficient funds are available.
9. Applicants may allocate up to 15% of the total grant to hire either temporary staff or a qualified private
vendor to oversee the implementation of this grant.
10. Applicants may allocate up to 10% to train either staff or volunteers to either carry out or oversee the
implementation of this grant.
ELIGIBLE PRACTICES
The following practices are eligible to receive funding under this grant program. Practices 1-6 may only be
carried out on county or municipally owned lands, including parks or natural areas, as well as highway rights-
of-way maintained by non federal entities.
1. Tree Inventory - Implementation of a tree inventory of a specified area to determine the degree of canopy
loss from storms, identify areas needing reforestation or new tree plantings, and provide background
information to develop a comprehensive urban forest recovery and management plan. Eligible expenses
include the purchase of hardware, software and field data recorders, fees paid to vendors or temporary
staff to conduct the inventory, and any other costs associated with data collection or processing.
2. Tree Assessment - Examination of individual trees to determine whether or not they need arboricultural
treatments or total removal, as well as the urgency of completing these treatments for each tree. Eligible
areas and costs are the same as above.
Grant applications for the above two practices need to include the following information:
a. A map of the area where the inventory or assessment will take place, including street locations.
14
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
b. A narrative that describes the need (related to the 2004 hurricanes) to conduct the inventory or
assessment in the selected area, the percentage of trees within that area that will be included, the data
that will be collected, how that data will be processed, and the desired results. The narrative should also
state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and
how the recipient will supervise the project while in progress.
3. Reforestation - This may include tree planting projects to achieve one of the following objectives:
a. Replacement of trees that were severely damaged or destroyed during the storms.
b. Replacement of either over mature trees, or exotic or wind susceptible species with more
appropriate species for the climate and the site.
c. New appropriate tree plantings in areas where the trees will serve as windbreaks and buffer the
impacts of future hurricanes.
4. Tree Planting Requirements:
a. Each project must include at least three tree species native to the area and suitable for the site and
objective.
b. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or
equivalent (Florida Division of Plant Industry, Grades and Standards), unless otherwise authorized
by the Division of Forestry.
c. No multi stem trees may be planted under this program, with the exception of the following species:
River Birch, Green Buttonwood, Silver Buttonwood, Yaupon Holly, Crape Myrtle, and Chickasaw or
Flatwoods Plum.
d. Trees listed on the Florida Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive
Species, on the internet at (www.f1eppc.org ), may not be planted as any part of this grant program.
e. Applicants should consult with various sources to avoid selecting tree species that have proven to
be especially susceptible to wind damage, either from wind throw at the ground level or from stem
breakage. Research is currently in progress to develop a standard species list for hurricane prone
areas.
f. Minimum tree size is 1 and 1/2 inch caliper, in a 15 gallon container. Maximum tree size is a 4 inch
caliper. Palms may not be taller than 16 feet, clear trunk.
g. Maximum allowable cost per tree or palm is $350.00 for purchase and planting. This applies to both
the cost-shared and the matched portion of the project.
h. The grant application may include up to $500.00 per planting site for site preparation costs directly
related to the tree planting. This may include removal of damaged, exotic, or otherwise hazardous
trees that have occupied the site. Site preparation costs which have already been reimbursed from
another source are not eligible; however, these costs may be applied to the grant match if the
reimbursement originated from a non federal source.
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BID NUMBER: RFP/DF-04/05-99
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i. Purchase and planting of shrubs and ground covers in conjunction with the tree planting may only
serve as a matching cost, and as such cannot be reimbursed.
j. Up to ten percent (10%) of the grant award may be used for each of the following purposes:
1. The purchase and/or installation of irrigation equipment or an irrigation system. The remaining
cost may be applied toward the match requirement.
2. Rental of equipment for site preparation or tree planting.
3. Labor costs.
k. A maximum of $12.00 per tree may be spent on planting materials, and/or supplemental watering
during the 60 day grow in period only.
I. Proposals must include the following information:
1. A location map.
2. A minimum of three color photographs of the planting site.
3. A detailed planting plan (site plan) which shows the location of the trees/palms, existing
structures, and site limitations such as underground utilities and overhead wires.
4. Written approval from the Florida Department of Transportation for planting and maintenance
on the State right of way.
5. A three (3) year maintenance plan to be carried out by the grant recipient at their expense.
Maintenance costs incurred after certification by the Division of Forestry are ineligible for
reimbursement. A Grant Maintenance Memorandum of Agreement, separate from the MOA for
the project, must be signed by the grant recipient if awarded a grant.
6. A resolution by the managing agency of the property (if different from the applicant) which
states that they concur with the grant proposal and maintenance plan.
m. A 60 day "grow in period" is required prior to Certification of Acceptance by the Department and the
processing of a final reimbursement. The proposal should state how the trees will be watered and
cared for during the grow in period.
n. Tree Plantings must follow established procedures for handling, placement, and maintenance.
Refer to Exhibit C at the end of this grant packet, or http://hort.ifas.ufl.edu/woody for additional
guidance.
5. Exotic Vegetation Control in Community Parks and Natural Areas
This would apply to plant species listed on the Exotic Pest Plant Council's MOST RECENT list of Florida's
Most Invasive Species (Category I and II), on the internet at (www.fleppc.org ). Infestations of these
species that have resulted from the 2004 hurricanes, or have been exacerbated by the hurricanes, are
eligible for treatment under this program. Funding is available to cost share up to two treatments of an
infested area. Grant applications for this practice need to include the following information:
a. A narrative that describes the species, location, origin and extent (acres, density, etc) of the
problem, and the proposed treatment regimen, including timing. The latter should be consistent with
standard recommendations for treating the species, as listed in publications produced by the
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BID NUMBER: RFP/DF-04/05-99
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University of Florida (IFAS), Florida Department of Environmental Protection, or USDA Forest
Service. Before approval, the treatment will be subject to review. The narrative should also state
whether a vendor will perform the treatments, or if in house labor and equipment will be used, and
how the recipient will supervise the project while in progress.
b. A map of the infested area, with sufficient detail to locate the treatment site. GPS coordinates, if
available, should be included.
c. At least three photographs of the infested area which indicates the extent of the infestation.
6. Arboricultural Practices for Mitigation and Remediation of Surviving Trees
The purpose of this practice is to repair damage to trees caused by the 2004 hurricanes, eliminate
immediate safety hazards from trees resulting from hurricane damage, correct improper pruning that was
performed immediately after a storm, improve the tree's wind resistance and overall health. Eligible
activities would include remedial pruning, righting and re staking, fertilization treatments, cabling and
bracing, or other related treatments. Grant applications for this practice need to include the following
information:
a. A map of the area, showing the location of the trees to be treated. A street address, as well as GPS
coordinates if available, should be included.
b. A narrative that describes the extent of the problem, and the proposed treatment regimen, including
timing. The latter should be consistent with standard practices as described in the American
National Standards Institute (ANSI) ANSI A 300 Tree Care Standards manuals. Another source of
technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state
whether a vendor will perform the treatments, or if in house labor and equipment will be used, and
how the recipient will supervise the project while in progress. It is preferable that an ISA certified
arborist or a graduate forester from an accredited four year forestry program be involved in planning
and implementing the practice.
7. Providing Trees to Homeowners
Government entities or non-profit groups may receive grants to provide trees to private homeowners who
lost trees during at least one of the hurricanes of 2004. Trees can be planted in residential yards,
neighborhood common areas (including those not publicly owned), or road rights of way (including those
not publicly maintained). This could be accomplished by either a tree "giveaway" program, or a voucher
program set up with local vendors. The project description submitted with the application needs to
include the following details:
a. A list of tree species that will be provided. At least three species, more if possible, need to be
included. All species need to be suitable for the local climate and site conditions. None can be
listed as invasive exotics, as described under the Reforestation section. Species suited for different
sized planting areas (small, medium, large) also need to be represented.
b. The size of the trees to be provided. Individual trees need to be either potted or "ball and burlap,"
and between three and fifteen gallons in size, unless the sponsoring agency can make equipment
available to move and plant larger trees.
c. The delivery and distribution system that the applicant will use. This includes the personnel and
equipment involved, and who will furnish them. Trees need to be transported from the vendor to the
eventual recipient in a timely manner, and properly cared for during the handling period.
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d. The publicity strategy that will be used to make potential recipients aware of the program. This could
include printed literature, PSA's, media contacts, advertisements, etc.
e. Literature that will be provided to homeowners to explain site location, preparation, species
selection, handling, planting techniques, and post planting care, in order to ensure good survival
and growth. Funding through this grant program can be used to either purchase, develop or
reproduce this literature.
Applicants can achieve the grant match for this activity through in house labor, materials and equipment,
volunteer hours, donated materials or cash from a sponsor, or from discounts on the purchase of trees
that can be negotiated through the vendor.
8. Information and Education
This category is provided to make individual residents, community officials, and private vendors more
aware of urban forestry management practices that will reduce damage to trees from hurricanes and
tropical storms. Also, materials can address what steps to take immediately before and after a storm, how
to proceed with storm cleanup, and available sources of assistance. Emphasis needs to be placed on the
value of the urban forest to their local communities, and that the benefits of trees outweigh the potential of
tree damage resulting from storms.
Local governments, nonprofit organizations, and educational institutions are eligible to purchase or
produce information and education materials (leaflets, newsletters, handbooks, videos, etc) for
distribution to the general public, or to cost share seminars and workshops related to Urban and
Community Forestry topics. The emphasis here is on providing information to the general public,
volunteer groups, technicians, tree workers, etc. (i.e., Urban and Community Forestry technology
transfer).
A resolution or letter signed by the chief executive officer of the applicant is required which states that
they concur with the proposal packet and will sign a Grant Memorandum of Agreement if awarded a
Grant (this resolution or letter must be submitted as part of the proposal packet). Personnel costs are not
eligible for grant funding in this category, but can be used as part of the match.
Eligible Activities:
a. Educational programs for the exhibition, purchase or development of materials for the benefit of
public education as described above.
b. WorkshopslTraining Sessions/Conferences/Seminars for the support and organization of public
programs which achieve the goals of this grant. Costs may cover mailing, speaker's travel
expenses, audio/visual equipment rental and related expenses.
c. Youth programs for the development and production of programs which will involve/benefit young
people, K through college level.
d. Public service materials (PSA development) for the development of or purchase of public service
programs, videos, or slide shows which educate the public. These may include expenditures for
film, paper, production costs, equipment rental or other accessories (excluding the purchase of
camera or other video equipment).
e. Brochures for the purchase of existing technical brochures or the design, development, production
or mailing of an educational or informational brochure consistent with the goals of this grant
program. Applicants are encouraged to utilize existing brochures on the selected topics, if they
exist, and apply for funding for the purchase and distribution of brochures.
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f. Exhibits for the purchase of or design, development and construction of an
educational/informational exhibit which promotes the goals of this grant program.
All products (brochures, signs, videos, reports, etc.) funded by the U&CF grant must display the following
statement:
"Funding for this project provided by the USDA Forest Service through the Florida Division of
Forestry's Urban and Community Forestry Grant Program."
SELECTION CRITERIA
The U&CF Grant Coordinator shall review and determine the completeness of each proposal. The following
criteria must be met before the grant proposal may be determined to be complete:
1. The proposal must contain all the requested information and be legible and understandable.
2. A resolution or letter approving the proposal and authorizing the Chief Executive Officer of the applicant
to execute agreements and documents associated with the grant request must be submitted as part of
the proposal.
3. A budget detailing all costs of the project must be submitted with the proposal.
4. For site specific projects which have already been completed, documentation of costs incurred and
photographs before (if possible) and after the completion of the project must be included.
5. This documentation also needs to be submitted as evidence that storm damage has occurred for site
specific projects that have not yet been implemented, to the extent that it is available. Documentation
should also indicate what costs have already been reimbursed, and from what source.
6. Signing and sealing of tree planting plans (site plans) submitted for consideration under this grant
program shall be in accordance with Section 481.329(7), Florida Statutes (Landscape Architecture).
7. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned
proposals will be ruled ineligible.
PROPOSAL EVALUATION CRITERIA
Once the submitted proposals have been reviewed and determined to be complete, they will be ranked
according to the following criteria:
1. The severity of the storm(s) that impacted the counties in which these communities are located, and the
number of hurricanes and/or tropical storms that impacted the county in which the community is located.
They will be graded according to the categories in the Saffir Simpson Hurricane Scale, based on data
supplied by the National Hurricane Center. Applications will receive the following number of points for
. each of the four storm impacts (counties that did not receive hurricane force winds will receive no more
than 40 points):
. Category 3 and above Hurricane:
. Category 2 Hurricane:
. Category 1 Hurricane:
. Tropical Storm:
100 points
75 points
50 points
20 points
This information will be posted on the Division of Forestry website: www.f1dof.com.
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BID NUMBER: RFP/DF-04/05-99
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2. Within each county, applications will be ranked according to the quality of the proposals submitted,
according to the following criteria:
a. Demonstrated Need - Highest score will be given to proposals that describe and document the
extent of impact to the community's urban tree resources, and the need for cost share dollars.
Proposal includes maps, photos, and cost documentation of impacted areas to be treated. 20
points
b. Well Defined Goals and Objectives - Highest score will be given to proposals that clearly state goals
and explain how the applicant will ensure that the practice will be maintained to provide long term
benefits to the community. 15 points
c. Technical Correctness - Highest score will be given to proposals where the documentation indicates
that a competent professional (either an ISA certified arborist or graduate forester from an
accredited four year Bachelor of Science in Forestry program) will oversee the implementation of the
practice, and that the practice will be carried out in a technically correct manner according to the
practice specifications. 20 points
d. Cost Effectiveness - Highest score will be given to proposals that clearly demonstrate greatest
results with the efficient use of grant dollars, clearly describe how funds will be expended, adhere to
the cost parameters listed in this RFP, and contain documentation to support costs. Also, higher
scores will be given to applications where a partnering entity has provided either funding, materials,
or logistical support. 15 points
e. Completeness of Proposal - Highest score will be given to proposals containing all of the required
attachments and providing a detailed explanation of the proposal. 10 points
f. Tree City USA Certification - Indicates a community's commitment to sustaining their urban forestry
program. Current member as of 2003. 10 points
g. Tree City USA Growth Award Recipient - Community demonstrates a sustained commitment to its
urban forestry program. Current member as of 2003. 10 points
In order to be considered acceptable, an application must achieve a quality score of at least 50 points out
of a possible 100 points, according to the above criteria. A committee of public and private sector urban
forestry professionals will evaluate these components of each proposal.
3. If all other factors are equal, the following criteria will be applied:
· Applications from smaller communities will receive priority over those from larger communities.
· Applications for practices which will be implemented in areas where the general public has access to
the treatment site, such as public rights of way, streets, and parks will receive priority over those to
be implemented in areas where access will be restricted.
· Approvals will be distributed equitably over the counties in the state which received sustained
hurricane force winds, in proportion to the number of applications received. Those receiving lesser
wind impacts will receive a lower priority for funding.
REJECTION OF PROPOSALS
The Department reserves the right to recommend partial funding of proposals, the right to reject any or all
proposals or waive minor irregularities when to do so would be in the best interest of the State of Florida, and
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BID NUMBER: RFP/DF-04/05-99
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to reject the proposal of a Proposer whom the Department determines is not in a position to perform the
Contract. Minor irregularities are those which will not have a significant or adverse effect on overall
competition, cost or performance.
POSTING AND RECOMMENDED AWARDS
Tabulations with recommended award(s) will be posted on or about the date indicated on herein for review by
interested parties on the Florida Bid System at http://www.myfJorida.com.c1ickonBusiness.Doing Business
with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements,
tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time
prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120,
Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the
protest.
Proposals that do not receive an award during the current grant cycle will be notified in writing with an
explanation of why they received a lower score. At the same time, suggestions will be provided for ways they
can improve their chances of being awarded an Urban and Community Forestry Grant in the future.
Note: All approved applicants will be required to attend a regional workshop in their immediate
vicinity before their completed MOA is accepted, to ensure that all involved parties are in
agreement regarding program details.
Proposals that do not receive an award during the current grant cycle will be notified in writing with an
explanation of why they received a lower score.
LATE PROPOSALS
Proposals received by the Department after the proposal opening time and date will be rejected as untimely
and will not be opened. A late proposal notice will be sent to the Proposer after the posting of Award Notice
with instructions for its return. Unclaimed late proposals will be destroyed after 45 days. Offers from vendors
listed on the Department's posted Award Notice are the only offers received timely in accordance with the
Department's proposal opening time and date.
COST OF PREPARATION
The Department is not liable for any costs incurred by a Proposer in response to this Request for Proposals
including an optional oral presentation.
URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE
MEMORANDUM OF AGREEMENT, if applicable)
Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement has been fully
executed between the Department and the Applicant.
1. The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and
the terms of payment for the project (Attachment H).
2. The Three Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities
for maintenance of any areas where site specific projects are funded under this grant (Attachment I).
EXECUTION OF AGREEMENTS AND DOCUMENTS
Upon notification of a Grant Award, the following shall take place:
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1. It will be the responsibility of the applicant to insure that the Grant Memorandum of Agreement is fully
executed within a period of sixty (60) days upon receipt. Failure to comply with this schedule may result
in the grant offer being withdrawn.
2. Although it is the intent of the Department to expedite the grant award process as much as possible,
applicants should be aware that they may not receive a fully executed grant Memorandum of Agreement
before August 24, 2005, and should schedule their projects accordingly.
3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall
stipulate:
a. What is to be accomplished under the grant.
b. The schedule and payment terms.
c. The schedule and content of progress reports.
d. Any penalties or actions that the Department will take in the event of noncompliance.
e. The methods to be used by the Department to determine compliance with the terms of the grant
agreement.
f. Maintenance responsibilities for trees planted as part of the grant program.
REVIEW OF PROJECTS IN PROGRESS AND UPON COMPLETION
The Department shall ensure that the terms of the agreements executed under these guidelines are enforced.
An interim report showing the status of the project is due December 31, 2005, and thereafter on a quarterly
basis until the project is completed.
The U&CF Grant Coordinator or his designee shall review the projects prior to final acceptance by the
Department.
All projects must be completed by September 30,2007. All reimbursement claims must be submitted by
November 15, 2007.
FUNDING SOURCE
Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are
nationally authorized by "Emergency Supplemental Appropriations for Hurricane Disaster Assistance"
(HR4837, PL 108324), under the auspices of the 1995 Farm Bill. The Florida Division of Forestry has
allocated $13,500,000 of the funds received from the U.S. Forest Service to this grant program. Should
additional funding become available, it will be added to this amount.
State funds will be allocated on a priority basis to areas impacted most heavily by the 2004 hurricanes.
FDACS reserves the right to allocate surplus funds so as to fully utilize federal funding.
The State of Florida's performance and obligation to pay under this grant program is contingent upon funding
by the U.S. Forest Service.
A 75/25 match is required (75% grant/25% applicant). The local match must be in non federal dollars or
contributions of materials and/or services. In kind services provided by Division of Forestry employees may
not be used to contribute to the match by the grant recipient.
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ALLOWABLE COSTS
The following Office of Management and Budget Circulars should be used as a reference for allowable costs
for federally funded programs:
A21
A87
A 122
Educational Institutions
State and Local Governments
Non-profit Organizations
These circulars are available on line at http://whitehouse.gov/omb/circulars/index.htmlor you can request a
copy from the U&CF Grant Coordinator.
Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more written
quotations or written records of telephone quotations or informal bids to be opened upon receipt, whenever
practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be
provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or
quote.
No overhead costs will be paid by grant funds. Overhead costs, up to 5% of the total project cost (match plus
award), can be used as part of the local match.
The maximum allowable assessment for in kind match for general labor (non professional) is $15.00 per hour.
METHOD OF REIMBURSEMENT
Pursuant to Florida Statutes Section 216.181 paragraph 14(b), advance payment may be made upon written
request. Upon receipt by the Division of Forestry of a reimbursement summary sheet with all required
attachments, including invoices and/or receipts, and canceled checks, payrolls, log sheets, etc., FDACS will
submit the claim for payment. The final payment shall not be made until the Certification of Acceptance is
received from the U&CF Grant Coordinator. Upon receipt in the Tallahassee State Office of the
reimbursement summary sheet and copies of invoices and checks paid, the Department will place the claim in
line for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states
the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for
payment of invoices (see Attachment A).
The Federal Employer Identification Number (FEIN) will be the primary factor used to identify applicants.
FDACS cannot process a request for reimbursement without the FEIN.
SPECIAL PROVISIONS
GRANT AGREEMENT AND CONDITIONS
Terms and conditions within the Grant Agreements (Attachments H and I) and associated attachments shall
apply.
FDACS will have the right to access any books, documents, papers, and records of the grant recipients which
are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and
transcriptions.
Quarterly progress reports and a final project report will be required of all selected grant recipients. Additional
progress reports may be required if grants are extended past the initial deadline. Failure to submit a required
report or submission of an unsatisfactory report is sufficient grounds for termination of the grant agreement.
A final project report is required as a prerequisite to final payment.
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PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for Categories 1 5 for a
period of 36 months from the date of being placed on the convicted vendor list.
DISCRIMINATION
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a
contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit proposals on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact any business with any public entity.
EMPLOYMENT OF UNAUTHORIZED ALIENS
Pursuant to Executive Order 96 236, effective October 1,1996, the following standard provision shall apply to
any contract awarded as a result of this Request for Proposal:
The Department shall consider the employment by any Contractor of unauthorized aliens a violation of section
274(a) of the immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens,
such violation shall be caused for unilateral cancellation of this contract.
AUDITS
The Contractor shall maintain books, records and documents directly pertinent to the performance under this
contract in accordance with generally accepted accounting principles consistently applied. FDACS, the State
or their authorized representatives shall have access to such records for audit purposes during the term of the
contract and for three years following the contract termination date or date of final payment, which ever is later.
If an audit, litigation or other action involving the records is started before the end of the three year period, the
records must be retained until all issues arising out of the action are resolved, or until the end of the three year
period, whichever is later.
In accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as
applicable, of the Office of Management and Budget (OMB) Circular A 133. Any contract resulting from a
proposal developed for any division where federal funds are distributed, shall be in compliance with this
circular. The latest version of the referenced circular is available for review by Proposers at the Department's
Purchasing Office.
USE OF FUNDS FOR LOBBYING PROHIBITED
The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the
expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. The contractor
also agrees to comply with Federal guidelines governing Lobbying as outlined in Attachment C.
DEBARMENT. SUSPENSION. INELIGIBILITY. AND VOLUNTARY EXCLUSION
Any person submitting a bid or proposal in response to this request for proposal must execute the enclosed
form CERTIFICATION REGARDING LOBBYING; DEBARMENT; SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS, and enclose it with
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his/her bid or proposal (see Attachment C). This certification is required by the regulations implementing
Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants
responsibilities. Award will not be made by the Department until the certification is signed by the Proposer and
submitted to the Department.
CERTIFICATION OF NO CONFLICT OF INTEREST
Any person submitting a bid or proposal in response to this Request for Proposal must execute the enclosed
Conflict of Interest Statement (see Attachment B) and enclose it with his/her bid or proposal. Award will not be
made by the Department until the certification is signed by the Proposer and submitted to the Department.
NON DISCRIMINATION STATEMENT
In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited
from discriminating on the basis of race, color, national origin, sex, age or disability.
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten
Building, 1400 Independence Avenue, SW, Washington, DC 20250 9410 or call (202)720 5964 (voice and
TDD). USDA is an equal opportunity provider and employer.
INTERPRETATIONS/DISPUTES
Any questions concerning conditions and specifications shall be directed in writing to the Purchasing Office for
receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless
provided in writing by the Department's Purchasing Director in response to requests in full compliance with this
provision. Any person who is adversely affected by the agency's decision or intended decision shall file with
the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended
decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation,
including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts,
reserving rights or further negotiation, or modifying or amending any contract, the Notice of Protest shall be
filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with
particularity the facts and law upon which the protest is filed.
QUESTIONS
Questions concerning the technical aspects of the proposal or the Applicants' Workshops should be directed to
the nearest FDACS, Division of Forestry office (see Attachment J, List of Division of Forestry District/Center
Contacts), or to:
Urban Forestry Program Coordinator
Division of Forestry
Florida Department of Agriculture and Consumer Services
3125 Conner Boulevard, Suite R 3
Tallahassee, FL 323991650
Telephone (850) 921 0300
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BID NUMBER: RFP/DF-04/05-99
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Questions regarding procedures for submittal of proposals should be submitted to:
Christie Hutchinson, Purchasing Director
Division of Administration
Department of Agriculture and Consumer Services
Mayo Building, Room SB 8
Tallahassee, FL 32399 0800
(850) 487-3727
No negotiations, decisions, or actions shall be initiated or executed by the applicant as a result of any
discussions with any FDACS employee. Only those communications which are in writing from the
Department's Purchasing Office may be considered as a duly authorized expression on behalf of the
Department. Only communications from the applicant which are signed and in writing will be recognized by the
FDACS as duly authorized expressions on behalf of the applicant.
SCHEDULE OF EVENTS
May 4, 2005
Notification of Availability of Request for Proposal mailed to all potential
applicants.
June 30, 2005
Sealed proposals in response to RFP must be received by FDACS Purchasing
office.
July, 2005
Evaluation of proposals.
August 1 , 2005
Posting of Award on the Florida Bid System at http://myflorida.com.Click on
Business, Doing Business with the State of Florida, Everything for Vendors and
Customers, Vendor Bid System, Search Advertisements.
Tabulation will remain posted for a period of seventy two (72) hours. Failure to
file a protest within the time prescribed in Section 120.57(3), Florida Statutes,
shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
Failure to file the proper bond at the time of filing the formal protest will result in
denial of the protest.
August 10, 2005
August 2005
Expected grant agreement (contract) execution and authorization to begin.
Workshops for Approved Grant Applicants Locations, dates and times to be
posted on www.f1dof.com
December 31,2005
First quarterly Interim report due.
July 1, 2007
Deadline for submitting request for no cost time extension.
September 30,2007
Contract ending date.
November 15, 2007
Deadline for final reimbursement claims.
26
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT A
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
NOTIFICATION OF VENDOR OMBUDSMAN'S NAME
AND TELEPHONE NUMBER
Vendors providing goods and services to an agency should be aware of the following time frames. Upon
receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the
proposal specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver
a request for payment (voucher) to the Department of Financial Services. The 20 days are measured
from the latter of the date the invoice is received or the goods or services are received, inspected and
approved.
If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be
due and payable, in addition to the invoice amount, to the vendor. The interest penalty provision applies
after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one
(1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned
to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the agency.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties
of this individual include acting as an advocate for vendors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at
(850)488-2924 or by calling the Chief Financial Officer's Hotline, 1-800-848-3892.
27
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
A IT ACHMENT B
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
CONFLICT OF INTEREST STATEMENT
I,
, as authorized
representative of
certify that no member of this firm nor any person having interest in this
firm has been awarded a contract by the Department of Agriculture and
Consumer Services on a non-competitive basis to:
(1) develop this Invitation to Bid (ITB) or Request for Proposal (RFP);
(2) perform a feasibility study concerning the scope of work contained in this
ITB/RFP;
(3) develop a program similar to what is contained in this ITB/RFP.
Authorized Representative
Date
Proposal Number
28
BID NUMBER: RFP/DF-04/05-99
ATTACHMENT C
OPENING DATE: JUNE 30, 2005 @2:00 P.M.
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to detemine the certification to which they are required to attest. Applicants
should also review the instructions for certification indueled in the regulations before OOI'Jl'lIeling this form Signature of this form
provides for OOI'Jl'lIiance with certification requirements under 34 CFR Part 82. .New Restrictions 011 Lobbying: and 34 CFR Part 85.
.Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace
(Grants).' The certifications shall be treated as a material representation of fact upon which reliance will be placed when the
Department of Education detemines to award the covered transaction. grant. or oooperative agreement.
1. LOBBYING
As required by Section 1352. Tille 31 of the U.S. Code. and
ifllJlemented at 34 CFR Part 82. for persons entering into a
grant or oooperative agreement over $100,000. as defined at
34 CFR Part 82, Sections 82.105 and 82.110, the applicant
certifies that:
(a) No Federal appropriated funds have been paid or will be
paid. by or 011 behalf of the undersigned. to any person for
influencing or attefl'lJling 10 innuence an officer or errlJloyee of
any agency. a Member of Congress. an officer or errlJloyee of
Congress, or an errlJloyee of a Mermer of Congress in
ronnection with the making of any Federal grant. the entering
into of any oooperative agreement. and the extension, oonlinu-
ation. renewal. amendment, or rrodification of any Federal
grant or oooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attefl1Jling to influence an officer or ef11)loyee of any agency, a
Mermer of Congress, an officer or ef11)loyee of Congress, or
an ef11)loyee of a Mermer of Congress in oonnection with \his
Federal grant or oooperative agreement. the undersigned shall
OOI'Jl'lIete and sOOrril Standard Form - LLl. "Disclosure Form 10
Report Lobbying: in acrordance with its instructions;
(c) The undersigned shall require that the language of this
certification be indueled in the award documents for all
subawards at allliers (indueling subgrants. rontracts under
grants and oooperative agreements. and subrontracts) and
that all subrecipients shall certify and disclose acrordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
As required by Executive Order 12549. Debarment and
Suspension. and ifllJlemented at 34 CFR Part 85, for prospec-
tive participants in primary covered transactions. as defined at
34 CFR Part 85. Sections 85.105 and 85.110-
A. The applicant certifies that it and its principals:
(a) Are not presenlly debarred. suspended, proposed for
debarment. dedared ineligible, or voluntarily exduded from
covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this applica-
tion been ronvicted of or had a civil judgement rendered
against them for rorrnission of trauel or a airrinal offense in
ronnection with obtaining. attefl'lJling 10 obtain. or perforrring a
pub~c (Federal, State, or local) transaction or rontract under a
public transaction: viofation of Federal or SIaIe anlilrust
statutes or rorrnission of ermezzlement, theft. forglllY.
bribery, falsification or destruction of rerords. making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise airrinally or civilly
charged by a governmental enlily (Federal. State. or local) with
rorrnission of any of the offenses enumerated in paragraph
(2)(b) of this certification; and
(d) Have not within a three-year period preceding this application
had OI1e or rmre public transaction (Federal, Slate. or local)
teminated for cause or default; and
B. Where the applicant is unable to certify to any of the state-
ments in this certification. he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Ad 011988. and
ifllJlemented at 34 CFR Part 85, Subpart F, for grantees. as
defined at 34 CFR Part 85. Sections 85.605 and 85.610 -
A. The applicant certifies that I will or will oonfjnue to provide a
drug-tree workplace by:
(a) Publishing a statement notifying errlJloyees that the unlawful
manufadure, distribution, dispensing. possession. or use of a
oontrolled substance is prohibited in the grantee's workplace and
specifying the aclions that will be taken against errlJloyees for
violation of such prohibition;
(b) Establishing an on-going drug-tree awareness program to
inform ef11)loyees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-tree workplace;
(3) Any available drug oounseling. rehabilitation. and ef11)loyee
assistance programs; and
(4) The penalties that may be ilJlXlSed upon eflllloyees for drug
abuse viofations ocwrring in the workplace;
(c) Making it a requirement that each ef11)loyee to be engaged in
the performance of the grant be given a ropy of the statement
required by paragraph (a);
(d) Notifying the errlJloyee in the statement required by para-
graph (a) that. as a rondition of elJllloYment under the grant. the
errlJloyee will:
(1) Abide by the terms of \he statement; and
(2) Nolify \he ef11)loyer in writing of his or her oonviclion for a
viofation of a airrinal drug statute ocwrring in the workplace no
later than five calendar days after such ronviction;
29
BID NUMBER: RFP/DF-04/05-99
(e) Notifying the agency. in writing. within 10 calendar days after
receiving notice under subparagraph (d)(2) from an e"lJlOYee or
otherwise receiving actual notice of such convicton. E"lJIOYers
of convicted e"lJlOYees nust provide notice. induding position
title. to: Director. Grants Policy and Oversight Staff, U.S. Depart-
mentof Education. 400 Maryland Avenue. SW. (Room3652.
GSA Regional Office Building No.3), Washinglon. DC 20202-
4248. Notice shall inctude the identilication nurrtJer(s) of each
affected grant;
(I) Tailing one of the following adions. within 30 calendar days of
receiving notice under subparagraph (d)(2). with respect to any
e"lJlOYee who is so convicted:
(1) T ailing appropriate personnel adion against such an em-
ployee. up to and induding terrrination. consistent with the
requirements of the Rehabilitation Act of 1973. as amended; or
(2) Requiring such e"lJlOYee to participate satisfactorily in a drug
abuse assistance or rehabilitation program apprU\led for such
purposes by a Federat, state. or local health. law enforcement. or
other appropriate agency;
(g) Mailing a good faith effort to continue to maintain a
drtJ!ttree workplace through irJlllementation of paragraphs
(a). (b). (c). (d). (e). and (I)
B. The grantee may insert in the space provided below the site(s)
for the performance of work done in connedion with the specific
grant:
Place of Performance (street address. city. rounty. state, zip
rode)
Check [ ] ilthere are workplaces on file that are not identified
here.
OPENING DATE: JUNE 30, 2005@2:00 P.M.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988. and
irJlllemented at 34 CFR Part 85. Subpart F. for grantees, as
defined at 34 CFR Part 85. Sections 85.605 and 85.610-
A. As a condition of the grant. I certify that I will not engage in the
unlawful manufacture. distribution. dispensing. possesson. or
use of a controfled substance in conducting any activity with the
grant; and
B. II convicted of a crirrinal drug offense resulting from a
violation cx:curring during the conduct of any grant activity. I will
reporlthe convidion. in writing. within 10 calendar days of the
convidion. to: Director. Grants Policy and Oversight staff.
Department of Education. 400 Maryland Avenue. SW. (Room
3652. GSA Regional Office Building No.3). Washington. DC
20202-4248. Notice shall include the identification nurrtJer(s) of
each affected grant.
As the duly authorized representative of the applicant. I hereby certify that the applicant will lJOI1'llIy with the above certifications.
NAME OF APPLlCA/IfT PRlAWARD NUMBER AND I OR PROJECT NAME
PRINTED NAME AND TfTLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
ED 80-0013
12/98
30
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT D
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you
are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments.
All attachments must be 81/2" X 11", except any attached sketches, plans and maps which must be no
larger than 2' X 3' and folded into 81/2" X 11". Six (6) copies (one copy with original signatures and
(5) five copies) of the proposal packet including the proposal form, the project description and
all attachments must be received no later than 2:00 p.m., June 30, 2005 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 488-7552
If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title:
Proposer Name:
Name and Title of Contact Person:
Address:
Zip:
Phone:(
)
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes No
FEID Number
As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the
proposal and required grant information have been read and understood and that all information
submitted herein is true and correct.
Authorized Executive Officer:
Title:
Signature:
Date:
31
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT D (CONTINUED)
PROJECT DESCRIPTION
(Two page limit, #12 font, single-space)
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
(include information that will support the evaluation criteria listed on page 12-13 of this RFP)
Demonstrated Need:
Storm Impact in the Project Area:
Supporting Documents Included:
Well-Defined Goals and Obiectives:
Measurable End Results of the Project:
Long-Term Management of the Project Area:
Technical Correctness:
Supervision and Monitoring of the Project:
Recognized Specifications and Standards to be Followed:
Cost-Effectiveness:
Sources of Cash, Labor, Materials, and Other Resources:
Sources of Matching Resources:
Partnerships Contributing to Project Completion:
Documentation of Cost Figures Listed in the Budget Sheet:
Tree City USA Certification (current as of 2003):
Tree City USA Growth Award (current as of 2003):
Other Information to SUDDort ADDroval of this Proiect:
NOTE: This format will also serve as the Proposal Evaluation Sheet
32
BID NUMBER: RFP/DF-04/05-99
Activity:
OPENING DATE: JUNE 30, 2005 @2:00 P.M.
ATTACHMENT E
BUDGET
Specific Description:
SUMMARY OF COSTS
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (I) $
Total Matching Costs (II) $
Total Program Costs (III) $
(A 75/25 match on behalf of the proposer is required).
Requested Grant $ Local Match $
I II
$
100%
Add columns I and II for total III (100%)
% Grant request
%Local match
A budaet. detailinQ all costs identified above must be attached.
County
PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable)
Describe the Specific Location of the Project:
Who has Responsibility for Overseeing Project Implementation (name and title)?
Who has Maintenance Responsibility for the Project after Completion?
Name of Landowner:
Is the Land Ownership Public or Private?:
Project Title:
Applicant Name:
33
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all anticipated
expenditures and explains all project costs. Proposals for site specific demonstration tree planting
projects must list the quantity, species, and approximate size (container size, or caliper and height) of
trees to be planted.
IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE
RULED INELIGIBLE
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Contractual
(Description)
Personnel
(list titles or
positions)
Travel
34
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30,2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
EauiDment
(list items)
35
BID NUMBER: RFPIDF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost ; ~:, '15 Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Supplies.
(list items)
36
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
OperatinQ Costs
(list)
Trees
(list species and
size)
Overhead** *
Total
*
Grant dollars may not be used to purchase food as supplies.
Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds
may not be used for overhead costs.
**
37
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
EXAMPLE
BUDGET
Activity:
Specific Description:
Replacement Plantina. Tree Prunina
Broadwav/42nd Street and Islip/Rahwav Blocks
SUMMARY OF COSTS
(A 75/25 match on behalf of the Proposer is required)
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (I)
Total Matching Costs (II)
Total Program Costs (III)
REQUESTED GRANT $
I
15.000
o
o
o
$
$
$
60.000
75.000
LOCAL MATCH $
II
10.000
6.000
o
5.400
5.500
o
o
o
26.900
101.900
100%
Add columns I and II for total III (100%)
74
% Grant request
26
% Local match
A BUDGET. DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED.
PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable)
County
Grapefruit
Describe the Specific Location of the Project:
Valdermere. FL
Who has Maintenance Responsibility for the Property?
Bernice Celia. Town Manaaer
Is the Land Ownership Public or Private?
Name of Landowner:
Project Title:
Proposer Name:
Public
Town of Valdermere. FL. Inc.
Valdermere Urban Forestrv Hurricane Recoverv
Town of Valdermere
38
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all anticipated
expenditures and explains all project costs. Proposals for site specific demonstration tree planting
projects (category 2A and 28) must list the quantity, species, and approximate size (container size, or
caliper and height) of trees to be planted.
IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE
RULED INELIGIBLE
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Contractual
(Description)
Tree Remedial 250 Trees 1 OO/tree 15,000 10,000
Pruning
15,000 10,000
Personnel
(list titles or
positions)
Certified Arborist Supervision, 40.00/hr 4,000.00
(Boris Smith) planning 100
hours
Volunteer Labor Delivery and 10.00/hr 2,000.00
Troop 29 Planting
SUBTOTAL 200 hours
6,000
Travel
SUBTOTAL
39
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Eauipment
(list items)
Stake Body Truck 8 hours 50/hr 400
for Delivery
Irrigation System 5,000
Upgrade and
Operation
SUBTOTAL 5,400
40
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
SUDDlies*
(list items)
Planting supplies TBD $12/tree 4,800
(fert, mulch, etc.)
(Per mgt plant)
Shovels, gloves, 700
staking materials,
etc.
SUBTOTAL 5,500
ODeratina Costs
(list)
None
41
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30,2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Trees
(list species and
size)
Chickasaw Plum
Cypress 400 Purchase price $60,000 -0-
Flowering Cherry (15 gal) $150/tree
Live Oak (Florida #1 )
Long Leaf Pine
Magnolia
Purple Leaf Plum
SUBTOTAL $60,000 -0-
Overhead...... ...
Total $75,000 $26,900
...
Grant dollars may not be used to purchase food as supplies.
Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds
may not be used for overhead costs.
......
42
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT F
EXAMPLE
2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT
PROGRAM
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you
are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments.
All attachments must be 8 1/2" X 11 ", except any attached sketches, plans and maps which must be no
larger than 2' X 3' and folded into 8 1/2" X 11 ". Six (6) copies (one copy with original signatures and
five copies) of the proposal packet including the proposal form, the project description and all
attachments must be received no later than 2:00 p.m., June 30, 2005 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 488-7552
If you have any questions, please see ATTACHMENT J, "Division of Forestry DistricUCenter Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title:
Valdermere Urban Forestry PrOQram
Proposer Name:
Valdermere. FL. Inc.
Name and Title of Contact Person:
Bernice Celia. Town Manaaer
Address:
100 Main Street. Valdermere. Florida
Zip:
33867
Phone:
(407) 555-8733
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes
No
X
FEID Number
59-123456789
Has Implementation of the Practice Already Begun? Yes
If So, Date Project was Initiated
12/15/04
As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the
proposal and required grant information have been read and understood and that all information
submitted herein is true and correct.
Authorized Executive Officer:
Bernice Celia
Title:
Town ManaQer
Signature:
Date:
06/01/05
43
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
EXAMPLE (CONTINUED)
PROJECT DESCRIPTION
(two page limit)
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
The Town of Valdermere is requesting a $75,000 Grant from the Urban and Community Forestry Grant program.
Grant and budgeted funds will be used to replant trees in damaged areas, and reimburse the city for corrective
pruning expenses that occurred between October 13 and December 31, 2004.
Valdermere is a heavily wooded community with a population of 2,329. An urban forestry program has existed
here for ten years, under the leadership of a volunteer Tree Board. The overall program is described below in
terms of the U&CF Grant evaluation factors.
Demonstrated Need: As a result of Category I Hurricane Force winds received during Hurricane Charley, tree
canopy has been reduced from an estimated 35% before the storm to a current level of 20%.
The neighborhoods indicated on the attached maps within the city limits of Valdemere experienced significant
damage to trees as a result of Hurricane Frances. The map indicates areas where trees had to be removed, as
well as other areas where corrective pruning was necessary to mitigate safety hazards and improve the health of
the trees. A total of xxx trees will need to be replaced, and xxx trees required corrective pruning.
As further evidence of the damage impacts, we have included photographs and debris removal cost figures. We
realize that only those costs incurred since October 13, 2004, were not reimbursed by an outside source, and are
directly related to these projects can be used as either part of the grant application or the match.
Well-Defined Goals and Obiectives: Before the storm, the city had a goal of reaching a tree canopy level of 40%
by 2010. Since this effort has been set back, receipt of grant funds will help to reduce the delay in meeting this
goal. Under this grant, xxx trees as described above will be planted and xxx trees will receive corrective pruning.
These areas will be incorporated into the city's existing urban forestry master plan for maintenance.
Technical Correctness: The trees species listed in the budget section are either native to the immediate area, or
have been successfully grown here for decades and have proven not to be invasive. An irrigation system exists in
the area, and will be upgraded to water the new trees on a regular basis for the first year until the trees are
established.
The existing trees were pruned according to ISA standards. Both the pruning and the upcoming planting are under
the supervision of City Aborist Boris Smith, who is ISA certified. Plantings will be conducted according to University
of Florida guidelines listed on their website.
Cost Effectiveness: Contract crews who conducted the tree pruning were selected from three ISA certified
vendors who submitted written quotes. See attached documentation of corrective pruning costs. City employees
and funds will be used to perform the tree planting. In addition, overall project costs will be reduced by using
volunteers from Boy Scout Troop 29 to deliver and plant the trees. The Chamber of Commerce is providing mulch
and ground cover plants.
Tree City USA Certification: The City of Valdemere has been certified as a Tree City USA since 1991, and has
earned the Tree City Growth Award for the past four years.
Other SUDDortina Information: Visibility of the Project: All trees planted or treated under this project are located
along city streets with heavy pedestrian and vehicular traffic.
44
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT G
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
EXAMPLE
RESOLUTION 00-1,23
A RESOLUTION BY THE CITY OF HOMETOWN, FLORIDA TO ENTER INTO AN URBAN AND
COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF
FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF
FORESTRY
WHEREAS, trees are an important part of our community; and
WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant
which would provide monies in which to help fund the citizen forester program; and
WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant
which would provide monies in which to help fund the citizen forester program; and
WHEREAS, the City of Valdermere wishes to enter into an Urban and Community Forestry Grant
Memorandum of Agreement between the City of Hometown, Florida and the Florida Department of
Agriculture and Consumer Services;
NOW, THEREFORE, BE IT RESOLVED by the City council ofValdermere, Florida:
Section 1. The City Council supports the development of a citizen forester program to allow
continuation of the city's tree planting program.
Section 2. The City Council hereby authorizes the City Manager to enter into an Urban and
Community Forestry Grant Memorandum of Agreement between the City of Valdermere, Florida
and Florida Department of Agriculture and Consumer Services.
INTRODUCED, PASSED AND ADOPTED THIS THE 10TH DAY OF JUNE, 2005.
BY:
Mayor
ATTEST:
APPROVAL AS TO FORM:
City Clerk
City Attorney
45
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT H
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
GRANT MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of ,20_by and
between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency
of the State of Florida, hereinafter called the "Department" and the Town of Valdermere, hereinafter called the
Entity (Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the application of the principles of urban and community
forestry by granting funds to the Entity (Subre.cipient) for the purpose as outlined in grant Application Number
005-67, included herein as Exhibit A and by reference made a part hereof:
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664;
WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state
would benefit from the implementation of urban and community forestry projects that improve our communities
through the proper care of trees and related plant materials;
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban forestry grant for the specific
project set forth in the U&CF Grant Application Number 005-67, hereinafter the "project";
WHEREAS, the Entity (Subrecipient) by Resolution No. 2004-06 & 07, dated June 10.2005, has indicated its
support of the grant application and authorized its officers to execute this Agreement on its behalf;
WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in the U&CF
Grant application and the need for entering into an agreement designating and setting forth the responsibilities of
each party;
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties
covenant and agree as follows:
A. Failure by the Entity (Subrecipient) to sign and retum this agreement, within 45 days upon receipt of
the agreement, shall constitute forfeiture of the award.
B.
The effective date of this agreement is
,20
C. The Entity (Subrecipient) shall complete the project by September 30,2007, as set forth in the Urban
and Community Forestry Grant Application Number 005-67 approved by the Department on August 1,
2005, during which time the grant shall continue in effect. The criteria for the project is set forth
therein. The final date by which such criteria must be met for completion of this agreement is
September 30,2007.
The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the
Department. The Entity (Subrecipient) shall not change or deviate from the project without written
approval by the Department.
D. The Entity (Subrecipient) has estimated the project cost to be $101.900 as shown on the grant
application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Entity
(Subrecipient) the total sum of $75.000 or seventy five percent (75%) of the final approved project
costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which
are directly related to this project as described in Exhibits "A" and "B". Project costs incurred prior to
October 13, 2004, are ineligible for reimbursement. To assist the Entity (Subrecipient) with the initial
three (3) months of implementation, the Department may make an advance of the grant award. The
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BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Entity (Subrecipient) must request the advance payment in writing using forms provided by the
Department. Funds provided as an advance payment must be placed in a non-interest bearing
account. Only one advance payment will be made; thereafter, disbursements will be made on a
reimbursement basis. The final payment shall not be made until Certification of Acceptance is
received from the Department. For installed plant materials, a sixty (60) day grow-in-period will be
required after project completion. Certification of Acceptance by the Department may be requested
sixty (60) days after project completion. Upon receipt of the Certification of Acceptance. the Entity
(Subrecipient) may submit an invoice for final payment. The Entity (Subrecipient) must submit the
final claim for reimbursement to the Department on or before November 15, 2007.
(1) Purchases of $2,500 to $25,000 shall be carried out documenting two or more written
quotations or written record of telephone quotations or informal bids to be opened upon receipt,
whenever practical. Competitive sealed bidding is required for all purchases exceeding
$25,000. Justification must be provided for a sole source award or for an award to a vendor
other than the vendor submitting the lowest bid or quote.
(2) Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof, and bills for travel expenses specifically
authorized by this Agreement shall be submitted and paid in accordance with the rates
specified in Section 112.061, Florida Statutes.
(3) Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and
for three years after final payment is made. Copies of these documents and records shall be
fumished to the Department upon request. Records of costs incurred include all records of the
costs of the Entity (Subrecipient) and subcontractors considered necessary by the Department
for a proper audit of the project.
(4) A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid on contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess ofthe threshold amount provided in Section 287.017, Florida Statutes,
for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted
vendor list.
(5) The CONTRACTOR is informed that an entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or a public work, may not submit bids on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant
under contract with any public entity, and may not transact business with any public entity.
E. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project for a period
of three years and enter into an agreement which designates and sets forth the duties and responsibilities of
the parties in maintaining the project.
F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments
by December 31,2005 and a final report summarizing project accomplishments as a prerequisite to final
acceptance by the Department. Failure to submit a required report or submission of an unsatisfactory report
is sufficient grounds for termination of this agreement according to the provisions of Section 7(b). The Entity
(Subrecipient) upon project completion shall submit a news release to local newspaper media highlighting
the successes of the project.
G. This Agreement may be terminated under anyone of the following conditions:
(1) The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation
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BID NUMBER: RFP/DF-04/05-99
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for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other
material made or received by the Contractor in conjunction with the contract, unless the records are
exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes.
(2) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement,
following thirty (30) calendar days written notice by the Department.
(3) By either party following sixty (60) calendar days written notice.
(4) By both parties following the complete execution by both parties of an agreement to terminate this
Agreement.
(5) Notice to Entity (Subrecipient): The Department shall consider the employment by any Entity
(Subrecipient) of unauthorized aliens a violation of section 274A(e) of the Immigration and
Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement.
H. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 7(b), in the
event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant
Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project
has been completed. If the project has not been completed, the Department shall pay to the Entity
(Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion.
I. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six
(6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall
be only one extension of a contract unless the failure to meet the criteria set forth in the contract for
completion of the contract is due to events beyond the control of the Contractor. If initially competitively
procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3)
years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract
for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in
the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the
Department.
J. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages
arising out of injury or damage to persons or property directly caused or resulting from the negligence of
such party or any of its officers, agents or employees.
K. The Entity (Subrecipient) certifies that neither it or its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded for participation in this grant program by any
Federal department or agency.
L. This Agreement, together with any Maintenance Agreement, if executed, embodies the entire agreement and
understanding between the parties hereto and there are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not superseded hereby.
M. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without
the expressed written consent of the Department.
N. This Agreement, regardless of where executed, shall be govemed by and construed in accordance with the
laws of the State of Florida.
O. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail,
postage prepaid, registered or certified with retum receipt requested, or by telex (FAX) or telegram:
(1) Ifto the Department, address to Program Coordinator, 3125 Conner Boulevard, Suite R-8, Forest
Management Bureau, Tallahassee, Florida 32399-1650 or at such other address the Department may
from time to time designate by written notice to the Entity (Subrecipient);
(2) If to the Entity (Subrecipient) addressed to:
48
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @2:00 P.M.
Ms. Berrnice Celia
Town of Valdermere
Post Office Drawer 669
Windermere, Florida 34786
or at such other address as the Entity (Subrecipient) from time to time designates by written notice to
the Department. All time limits provided hereunder shall run from the date of receipt of all mailed
notices, demands, requests and other instruments, or from the date telexed or faxed.
P. Time is of the essence of this agreement.
It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management
district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations
pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit
the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
The following provisions of A through G are not applicable to procurement contracts used to buy goods or
services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by state agencies to
Nonstate entities to carry out state projects in accordance with and subject to requirements of Section
215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate
entity means a local govemmental entity, nonprofit organization, or for-profit organization that receives
state resources. Recipient means a Nonstate entity that receives state financial assistance directly
from a state awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to or in
excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a state single or
project-specific audit conducted for such fiscal year in accordance with Section 215.97, F. S.,
applicable rules of the Executive Office of the Governor, rules of the Chief Financial Officer, and
Chapter 10.600, rules of the Auditor General. In determining the state financial assistance expended
in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state
funds received from this Department resource, except that state financial assistance received by a
Nonstate entity for federal financial assistance and state matching requirements shall be excluded
from consideration.
C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2)
conducted by an independent auditor in accordance with auditing standards as stated in rules of the
Auditor General.
D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F. S., do
not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records
concerning state financial assistance to such Nonstate entity or allowing access and examination of
those records by the state awarding agency, the Chief Financial Officer, or the Auditor General.
E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity
must meet terms and conditions specified in this written agreement with the state awarding agency.
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of
Section 215.97, F. S.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state
awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's
records and the Recipient's independent auditor's working papers as necessary for complying
with the requirements of Section 215.97, F. S. The Recipient is required to retain sufficient
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BID NUMBER: RFP/DF-04/05-99
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records demonstrating its compliance with the terms of this agreement for a period of three
years from the date the audit report is issued, and shall allow the department of Agriculture and
Consumer Services or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding
agency to conduct or arrange for the conduct of additional audits or evaluations of state
financial assistance or limit the authority of any state agency Inspector General, the Auditor
General, or any other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in accordance
with the requirements of Section 215.97, F. S. The financial reporting package means the
nonstate entities financial reports, management letter, auditee's written responses or corrective
action plan, correspondence on the follow-up of prior years corrective actions taken, and such
other information determined by the Auditor General to be necessary and consistent with the
purposes of Section 215.97, F. S. Copies of the financial reporting package required by this
agreement shall be submitted by or on behalf of the Recipient directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399-0800
(b) The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
If this agreement contains federal funding in excess of $100,000, the Entity (Subrecipient) must, prior to
agreement execution, complete the Certification Regarding Lobbying form. If a Disdosure of Lobbying Activities,
Standard Form LLL, is required, it may be obtained from the Department. All disclosure forms as required by the
Certification are attached. The Lobbying form must be completed and returned to the Department.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby
acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and
Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local Govemments, and
Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Entity
(Subrecipient) are available for review at the following address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal
year, either directly from federal agencies or indirectly through other units of state or local govemments or a
combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of
Management and Budget Circular No. A-133 (Audits of State, Local Govemments, and Non-profit Organizations).
The $500.000 threshold specified above shall be from all federal sources, not just the amount provided by this
agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will
allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's
(Subrecipient's) books for compliance with the above applicable circulars.
The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material,
videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the
copyright laws of the United States of America. All products (brochures, signs, videos. etc.) funded by the Urban
50
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
and Community Forestry Grant must display a statement that the material has been prepared using Urban and
Community Forestry grant funds received through the Division of Forestry.
Entities (Subrecipients) providing goods and services to the Department should be aware of the following
time frames. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and
approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the
exception of payments to health care providers for hospital, medical, or other health care services, if payment is not
available within 40 days, measured from the latter of the date the invoice was received or the goods or services are
received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section
55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest
rate, please contact the Agency's Fiscal Section at (850)488-2020 or Purchasing Office at (850) 488-7552.
Invoices which have to be returned to an Entity (Subrecipient) because of Entity (Subrecipient) preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed
invoice is provided to the department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or
by calling the Department of Financial Services' Hotline, 1-850-410-9724.
The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or
services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any
public entity, and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
The Entity (Subrecipient) is informed that the Department shall consider the employment by an Entity
(Subrecipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act.
Such violation shall be cause for unilateral cancellation of this agreement.
The contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list may
not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact business with any public entity.
51
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Il'l.'\::TNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year
first abolL written.
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
BY:
Director
Division of Administration
Town ofValdermere
Name of Entity (Subrecipient)
BY:
TITLE:
52
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT I
URBAN AND COMMUNITY FORESTRY GRANT
MAINTENANCE MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of , 20 , by and
between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency
of the State of Florida, hereinafter called the Department and the Town of Valdermere, hereinafter called the Entity
(Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and
community forestry by granting funds to the Entity (Subrecipient) for the establishment of a demonstration tree
planting project as outlined in the Urban and Community Forestry grant application Number 005-67 and Grant
Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part
hereof;
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community forestry grant
for the improvements to the project property more particularly set forth in the Grant Agreement;
WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as described in
the Grant Application);
WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting
forth the responsibilities of each party in maintaining the project; and
WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and authorizes its
officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in
Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows:
A. The Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in
accordance with the below listed Project Standards for the property at the following location:
Town of Valdermere.
Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties:
(1) All planting stock or replacement must be Florida Grade #1 or better, unless otherwise agreed
upon in writing by the Urban Forestry Coordinator.
(2) Proper watering and proper fertilization of all trees/plants.
(3) Keeping trees/plants as free as practicable from disease and harmful insects;
(4) Proper mulching of trees and/or planting beds;
(5) Keeping the premises free of weeds;
(6) Mowing and/or cutting grasses to the proper length;
(7) Proper pruning of all trees which includes; (i) removing dead or disease parts of trees or (ii)
pruning such parts thereof which present a hazard;
(8) Removing and replacing dead or diseased trees/plants in their entirety, or removing and
replacing those that fall below original Project Standards.
(9) Following the Planting and Maintenance Guidelines as included herein as Exhibit C.
The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or part of the
project that falls below Project Standards. In the event any part or parts of the project, including all
plants, must be removed and replaced for whatever reason, then they shall be replaced with the same
grade, size and specification as provided in the original plans for the project. Furthermore, the Entity
(Subrecipient) shall keep litter removed from the project area. The above named functions to be
performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. It is
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BID NUMBER: RFP/DF-04/05-99
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the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the
Entity (Subrecipient) shall be the owner of the planting and other installations included and stipulated
in the grant application comprising the project.
B. This Agreement may be terminated under anyone of the following conditions:
(1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement
or for refusal by the Entity (Subrecipient) to allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119. Florida Statutes and made or
secured by the Entity (Subrecipient) in conjunction with this Agreement following reasonable
written notice.
(2) By either party following sixty (60) calendar days written notice.
(3) By both parties following the complete execution by both parties of an agreement to terminate
this agreement.
C. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a
period of three (3) years.
D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the Entity
(Subrecipient) shall refund to the Department a pro-rated portion of the grant award based upon the
following schedule:
(1) If this agreement is terminated within one year of the date in Paragraph 3. 75 percent of the
grant award.
(2) If this agreement is terminated during the second year of this agreement. 50 percent of the
grant award.
(3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant
award.
E. As applicable under Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that it
shall indemnify and hold harmless the Department and all of the Department's officers, agents and
employees from any claim, action. neglect or omission by the Entity (Subrecipient) during the
performance of the Agreements, whether direct or indirect, and whether any person or property to
which the Department or said parties may be subject, except that neither the Entity (Subrecipient) nor
any of its sub-contractors shall be liable under this paragraph for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of the
Department or any of its officers, agents or employees.
F. This Agreement. together with the Urban and Community Forestry Grant Memorandum of Agreement,
embodies the entire agreement and understanding between the parties hereto and there are no other
agreements or understandings, oral or written, with reference to the subject matter hereof that are not
superseded hereby.
G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part
without the expressed written consent of the Department.
H. This Agreement shall be govemed by and construed in accordance with the laws of the State of
Florida.
I. All notices. demands, requests or other instruments shall be given by depositing the same in the U.S.
Mail. postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or
telegram:
If to the Department, addressed to Urban Forestry Program Coordinator, Forest Management Bureau,
3125 Conner Boulevard. Suite R-3. Tallahassee, Florida 32399-1650 or at such other address the
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BID NUMBER: RFP/DF-04/05-99
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Department may from time to time designate by written notice to the Entity (Subrecipient); and
If to the Entity (Subrecipient) addressed to:
Ms. Bernice Celia
Town of Valdermere
Post Office Drawer 669
Windermere, Florida 34786
or at such other address as the Entity (Subrecipient) from time to time designates by written notice to
the Department.
All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands,
requests and other instruments, or from the date telexed or faxed.
J. Time is of the essence of this agreement.
It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management
district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations
pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit
the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
The following provisions of A through G are not applicable to procurement contracts used to buy goods or
services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by state agencies to
Nonstate entities to carry out state projects in accordance with and subject to requirements of Section
215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate entity
means a local govemmental entity, nonprofit organization, or for profit organization that receives state
resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state
awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of
$300,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit
conducted for such fiscal year in accordance with Section 215.97, F. S., applicable rules ofthe Executive
Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General.
In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all
sources of state financial assistance, including state funds received from this Department resource, except
that state financial assistance received by a Nonstate entity for federal financial assistance and state
matching requirements shall be excluded from consideration.
C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2) conducted by
an independent auditor in accordance with auditing standards as stated in rules of the Auditor General.
D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F. S., do not
exempt a Nonstate entity from compliance with provisions of law relating to maintaining records conceming
state financial assistance to such Nonstate entity or allowing access and examination of those records by the
state awarding agency, the Chief Financial Officer, or the Auditor General.
E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must
meet terms and conditions specified in this written agreement with the state awarding agency.
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of
Section 215.97, F. S.
55
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state
awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's
records and the Recipient's independent auditor's working papers as necessary for complying with the
requirements of Section 215.97, F. S. The Recipient is required to retain sufficient records
demonstrating its compliance with the terms of this agreement for a period of three years from the
date the audit report is issued, and shall allow the department of Agriculture and Consumer Services
or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding
agency to conduct or arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any state agency Inspector General, the Auditor General, or any
other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with
the requirements of Section 215.97, F. S. The financial reporting package means the nonstate entities
financial statements, Schedule of State Financial Assistance, auditor's reports, management letter,
auditees written responses or corrective action plan, correspondence on the follow-up of prior years
corrective actions taken, and such other information determined by the Auditor General to be
necessary and consistent with the purposes of Section 215.97, F. S. Copies of the financial reporting
package required by this agreement shall be submitted by or on behalf of the Recipient directly to
each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399 0800
(b) The Auditor Generals Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 323021450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement
hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version
of Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States,
Local Governments, and Non-profit Organizations). Copies of the latest version of the above which
would relate to the undersigned Entity (Subrecipient) are available for review at the following address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal
year, either directly from federal agencies or indirectly through other units of state or local govemments or a
combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of
Management and Budget Circular No. A-133 (Audits of State, Local Govemments, and Non-profit Organizations).
The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this
agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will
allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's
(Subrecipients) books for compliance with the above applicable circulars.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year
first above written.
56
BID NUMBER: RFP/DF-04/05-99
BY:
BY:
TITLE:
OPENING DATE: JUNE 30, 2005@2:00 P.M.
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Director. Division of Administration
Town of Windermere
Name of Entity (Subrecipient)
57
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
EXHIBIT C
PLANTING AND MAINTENANCE GUIDELINES
A. Planting
Site factors which influence long-term survivability should be considered: overhead and
underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site
improvements, size of planting space/site, etc.
All planting stock or replacement stock must be Florida Grade #1 or better.
All synthetic or non-biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc.
must be removed from the root ball before planting. All biodegradable material should be removed
from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from
extending above the soil surface where it can act as a wick and dry the surrounding soil.
If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers
of wire be cut and removed after the root ball is set in the planting hole.
The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and
the same depth as the root ball.
Position the tree or palm in the center of the planting hole with the top of the root ball even with the
surrounding soil surface.
Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed.
When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to
fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated
into the backfill. Rake the soil evenly around the entire planting area.
Water thoroughly to remove air pockets, secure the soil around the roots, and provide
nourishment.
B. Mulching
Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips,
bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from
the tree or palm trunk.
Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project.
C. Staking
Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential
vandalism or strong winds.
Use flexible materials such as strapping or commercially available ties that give as the tree
diameter increases and as the tree moves. Biodegradable material is recommended.
Do not use wire even if the wire is inside rubber hosing.
58
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Stakes and ties should remain on the trees no longer that one year to avoid girdling.
D. Pruning
At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be
removed.
Remove sucker sprouts from the base of the tree after planting.
Corrective/structural pruning can begin approximately one year after planting. Do not remove more
than 1/3 of the live crown during one growing season.
E. Watering
Establish a regular watering schedule and follow it. Slow deep watering is recommended.
Additional water may be needed during hot or dry periods.
As tree or palm growth progresses, be sure to water outward (away from the trunk) to the
surrounding soil area. This will promote the outward growth and spread of roots.
Various species of trees or palms and/or soil types may require varied degrees of watering. Soil
moisture and tree health should be monitored and irrigation adjusted accordingly. Non-irrigated
sites need to be monitored more closely.
F. Fertilizing
Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer
plugs/stakes are recommended.
Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of
the tree or palm and any special nutrient requirements).
If micronutrient deficiencies are suspected, have a soil test completed and supplement the
fertilization program accordingly.
59
BID NUMBER: RFP/DF-04/05-99
OPENING DATE:,JUNE 30, 2005@2:00 P.M.
ATTACHMENT J
FLORIDA DIVISION OF FORESTRY
DISTRICT/CENTER CONTACTS
Blackwater Forestry Center (Escambia, Santa Rosa, Okaloosa Counties)
Center Manager - Weldon Sonny Greene
850/957-6140
Chipola River District (Bay, Calhoun, Gulf, Liberty, Holmes, Jackson, Walton, Washington Counties)
District Manager - Joe Anderson
850/872-4175
Tallahassee District (Leon, Wakulla, Jefferson, Gadsden, Franklin Counties)
District Manager - Tom Ledew
850/414-1131
Perry District (Taylor, Dixie, Madison, Lafayette Counties)
District Manager - John K. Fish
850/838-2290
Suwannee District (Columbia, Baker, Hamilton, Suwannee, Bradford, Union Counties)
District Manager - Mark Crow
386/758-5700
Jacksonville District (Duval, Clay, Nassau Counties)
District Manager - Bruce Hill
904/266-5003
Waccasassa Center (Alachua, Marion, Gilchrist, Levy, Putnam Counties)
Center Manager - Don West
352/955-2005
Bunnell District (Volusia, St. Johns, Flagler Counties)
District Manager - Mike Kuypers
386/446-6787
Withlacoochee Forestry Center (Pasco, Sumter, Hernando, lake, Citrus Counties)
Center Manager - Winnie Schreiber
352/754-6777
Orlando District (Orange, Osceola, Seminole, Brevard Counties)
District Manager - John Koehler
321/690-6465
lakeland District (Polk, Hillsborough, Pinellas Counties)
District Manager - Gary Zipprer
863/648-3163
60
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Myakka River District (Manatee, Sarasota, Charlotte, DeSoto, Hardee Counties)
District Manager - Ed Flowers
941/751-7629
Okeechobee District (St. Lucie, Martin, Indian River, Highlands, Glades, Okeechobee Counties)
District Manager - Jim Rath
863/462-5160
Caloosahatchee District (Lee, Collier, Hendry Counties)
District Manager - Hank Graham
239/694-2181
Everglades District (Palm Beach, Broward, Dade, Monroe Counties)
District Manager - David Crane
954/475-4120
61
VI.-CONSENT AGENDA
ITEM C.6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) [S] June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [S] Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
{T.-::i
"_: .
:--)
---(
c_
RECOMMENDATION: Approve resolution R05- for renewal ofthree (3) community garden~se
agreements between the property owner's, City of Boynton Beach, and Palm Beach County. -.-
. - / 1
-CJ
. ;'''~~I
EXPLANATION: Landlords (Marwan Ghali, Blanche H. Girtman, and James Johnson Jr.) are continuing~lease :3.
the properties to the county as hereinafter defined for the purpose of developing and continuing the commuiifty~-~ .~;;
gardens through County's 4-H Youth Development Program - ::.~;;
t.) (=)rrl
PROGRAM IMP ACT: The community garden program has been an important part of enhancing and imp~inftt~
Seacrest Boulevard corridor within the Heart of Boynton neighborhood area. Continuing the leasing program with -
the county and property owners is an integral part of the redevelopment of this area of the city. Numerous
neighborhood residents and groups use the garden plots in the community gardens. Those groups have included girl
and boy scout troops, after school programs and the county's 4H program who use the gardens as learning centers for
the community.
FISCAL IMPACT: The yearly cost to the city is $4,156.00 for the MLK garden (the Girtman/Ghali contracts), and
$3,193.00 for the garden covered by the Johnson contract. Funds will come from the Public Works Ground
Maintenance account # 001-2730-572-46-98.
initiated or been able to continue.
City Manager's Signature
N ~ \. ~ ~ 'o\.:}-(\'--o ~ ~ ~-...; \ ~ U1 ~
.) Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION R05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR TO EXECUTE
6 LEASE AGREEMENTS BETWEEN THE CITY OF
7 BOYNTON BEACH, PALM BEACH COUNTY AND
8 MARWAN GHALI, BLANCHE GIRTMAN AND
9 JAMES JOHNSON, JR., AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the community garden program has been an important part of
13 enhancing and improving the Seacrest Boulevard corridor within the Heart of Boynton
14 neighborhood area; and
15 WHEREAS, continuing the leasing program with the county and property owners
16 is an integral part of the redevelopment of this area of the City; and
17 WHEREAS, numerous neighborhood residents and groups such as girl and boy
18 scout troops, after school programs and the County's 4-H program use the garden plots in
19 the community gardens; and
20 WHEREAS, the City Staff recommends the approval of the three community
21 garden Lease Agreements between the City of Boynton Beach, Palm Beach County and
22 Marwan Ghali, Blanche H. Girtman and James Johnson, Jr.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
26 ratified and confirmed by the City Commission.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby authorize and direct the Mayor and City Clerk to execute three community garden
S:\CA \RESO\Agreements\Community Garden Leases.doc
Lease Agreements between the City of Boynton Beach, Palm Beach County and Marwan
2 Ghali, Blanche H. Girtman and James Johnson Jr., a copy of each Agreement is attached
3 hereto as Exhibit "A", "B" and "C", respectively.
4
Section 3.
This Resolution will become effective immediately upon passage.
5 PASSED AND ADOPTED this _ day of June, 2005.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
11
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23 ATTEST:
24
25 City Clerk
26
27 (Corporate Seal)
28
29
30
S:\CA \RESO\Agreements\Community Garden Leases.doc
********************************************************************************
LEASE AGREEMENT
between
JAMES JOHNSON, JR.
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
and
THE CITY OF BOYNTON BEACH
(City)
******************************************************************************
G:\Propfny MgmI Sect.ion\Out lease\Coop Exlmsioo SVC\Lease. GIy Bo)nton Beach Jobosoo HF Approved Revised 4.25.05.Wc
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into , by and
between JAMES JOHNSON, JR. property owner, hereinafter referred to as "Landlord" of533 NW
13th Avenue, Boynton Beach, Florida 33435-3067, whose Social Security Number is 264-81-1622
and PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florid a, on behalf
of the Cooperative Extension Services Department, hereinafter referred to as "County", and the
CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City".
WIT N E SSE T H:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida,
located at 913 North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally
described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and
WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose
of developing community gardens through County's 4- H Youth Development Program; and
WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas
of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property
Sketch-Area of City Responsibility), leased by Landlord to the County; and
WHEREAS, Landlord is willing to lease the Property to the County for the purposes
hereinafter defined.
NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter
reserved and contained on the part of the County and City to be observed and performed, the
Landlord demises and leases to County, and the County rents from Landlord the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease shall consist of the Property together with any
improvements now existing or constructed hereinafter thereon.
2
Section 1.02 Length of Term and Commencement Date.
The term ofthis Lease shall commence on the March 11,2005 (the "Commencement Date"),
and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner terminated
pursuant to the provisions of this Lease. The term of this Lease shall be automatically renewed for
successive one (1) year periods unless either the County or Landlord provides the other party with
notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the
current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease for
any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligations hereunder.
ARTICLE II
RENT
Section 2.01 Annual Rent.
County shall pay Landlord for the use and occupancy ofthe Premises an annual gross rental
of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations
hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to
the Landlord at the address specified in Section 15.04 herein.
Section 2.02 Payment.
County is a tax-exempt entity as is evidenced by tax exemption #60-221 1419753 C. No sales or use
tax shall be included or charged with Annual Rent..
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY
Section 3.01 Use of Premises.
The Premises shall be used for the establishment and operation of
the 4-H Community Garden Program. County shall not use, permit, or suffer the use of the Premises
for any other purpose whatsoever without the prior written consent of Landlord which consent shall
not be unreasonably withheld. County's obligations under this Lease are contingent upon such use
ofthe Premises being in compliance with all applicable zoning laws, rules, and regulations affecting
the Premises.
Section 3.02 Conduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose.
County acknowledges that its employees and the Premises shall, throughout the Term of this Lease,
be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations
respecting the use and occupancy of the Premises, provided County shall not be required to make
alterations, additions, or improvements to the Premises in order to conform therewith.
3
Section 3.03 Hazardous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous substances.
Section 3.04 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and
expense, shall remove County's personal property and removable fixtures and equipment from the
Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to
any Alterations shall vest in Landlord.
ARTICLE IV
ALTERATION OF LEASED PREMISES
Section 4.01 Landlord's Work.
Landlord shall not be obligated or required to perform any improvements whatsoever to the
Property.
Section 4.02
(a)(I) County's Work.
County shall be entitled to make alterations, improvements, or additions to the Premises
consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at
its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on
the Premises by County, whether pursuant to this Section or otherwise, shall be performed and
accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord,
such Alterations being nevertheless subject to each and every provision ofthis Lease. All work done
by County in connection with any Alterations, repairs, and maintenance on the Premises shall be
done in a good and workmanlike manner.
(a)(2) City's Work.
City shall be entitled to make Alterations with respect to the installation of irrigation and
irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all
City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise,
shall be performed and accomplished solely for the benefit and convenience of City, and not for the
benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this
Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on
the Premises shall be done in a good and workmanlike manner.
Landlord shall not be liable for accidents caused by said improvements or accidents caused
by increased activity on the Premises due to the Community Garden Program.
4
(b) Construction Liens.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter
713, Part I, in the construction of any improvements to the Premises and shall obtain a public
construction performance bond in accordance with Florida Statutes section 255.05, if required by
such statute. In the event a construction lien is filed against the Premises in connection with any
work performed by or on behalf of the Landlord or County, the party performing such work shall
promptly cause such lien to be removed from the Premises.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County.
County shall, at all times during the Term of this Lease, and at its own cost and expense,
repair, replace and maintain in a good, safe and substantial condition, all improvements on the land
including any fence that County may install which may surround the Premises and any
improvements, additions, and alterations to the Premises, and County shall use all reasonable
precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler
heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is
responsible for the cost of the replacement heads. In the event that the City incurs costs for the
replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the
Director of the Cooperative Extension Service at the address set forth in Section 15.04(b).
Section 5.02 Responsibility of the City of Boynton Beach.
City shall be responsible for and shall maintain the area of the Premises of the garden as
depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be responsible for the
irrigation ofthe entire Premises. City shall indemnify County, to the extent provided in Article XVI
below, in the event that City fails to comply with the obligations contained herein.
Section 5.03 Hazardous Substance Indemnification by Landlord.
Landlord hereby represents and warrants to County that there is not located in, on, upon,
over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii)
polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited,
limited, or regulated by federal, state, county, regional, or local authority. If said substance(s) exist,
Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall
be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's
own furniture, fixtures, office machines, and equipment.
ARTICLE VI
INSURANCE
Section 6.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate evidencing
self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand
5
Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or
occurrence and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by
Statute above or below the sums insured against, the County shall provide insurance to the extent of
that exposure.
Section 6.02 Personal Property.
All of County's personal property placed or moved in the Premises shall be at the risk of the
County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for
any damage to such personal property, except to the extent caused by the Landlord, its agents', or its
employees' willful or negligent acts or omissions.
ARTICLE VII
DAMAGE OR DESTRUCTION OF PREMISES AND/OR
COUNTY'S AL TERA TIONS
In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty
during the Term of this Lease, or any extension thereof, whereby the same shall be rendered
untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the
parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such
casualty. In the event the County elects to terminate this Lease as provided in this Section, the
Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County
does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly
commence restoration of the Premises and diligently pursue such restoration to completion using
materials oflike kind and quality or better. The rental due hereunder relating to the portion ofthe
Premises render untenable shall be abated from the date of such casualty until completion of such
restoration.
ARTICLE VIII
UTILITIES AND SERVICES
Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at
Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been
paid in full at the commencement of this Lease. County shall be solely responsible for and promptly
pay directly to the utility company or the provider of such service all charges or assessments for gas,
electricity, trash collection and removal and any other utility used or consumed by County. Landlord
shall not be liable for an interruption or failure in the supply of such service to the Premises resulting
from a failure of the utility company to provide service to the Premises. City shall be responsible
and pay for all water charges for water used or consumed in the operation of this Lease.
6
ARTICLE IX
ASSIGNMENT AND SUBLETTING
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor
sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be
unreasonably withheld. In the event of an approved assignment, County shall be released from any
further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by
Landlord shall be subject to the terms of this Lease Agreement.
ARTICLE X
DEFAULT
Section 10.01 Default by County.
The occurrence of anyone or more of the following shall constitute an Event of Default by
County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after
receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements,
covenants, or conditions contained in this Lease on County's part to be performed or observed for
more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or
abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or
process of law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Landlord shall have the right to give County notice that Landlord intends to
terminate this Lease upon a specified date not less than thirty (30) days after the date notice is
received by County, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured
within such period or within a reasonable period thereafter if the same cannot be cured within such
period and County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Section 10.02 Default by Landlord.
Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any
term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and
the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event
the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day
period, Landlord shall be entitled to a reasonable period oftime under the circumstances in which to
cure said default, provided that Landlord diligently proceeds with the curing of the default. In the
event that the default is not cured by Landlord within the foregoing time period, County, at County's
option, may either cure said default and Landlord shall reimburse County for all expenses incurred
by County in doing so, or County may give to the Landlord a thirty (30) days notice specifYing that
the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty
(30) day period, this Lease and all obligations of County hereunder shall terminate and County shall
thereupon be relieved of all further obligations hereunder.
7
ARTICLE XI
ACCESS BY LANDLORD
Landlord and Landlord's agents and employees shall have the right to enter upon the Premises
at all reasonable times to examine the same, and to make any repairs which may be required or
permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice
prior to exercising such right except in an emergency in which event no notice shall be required and
shall exercise such right in a manner which minimizes the impact upon County's use ofthe Premises.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this
Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder
are subject to and contingent upon annual budgetary funding by the City of Boynton Beach
Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary
reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be
relieved of all further obligations hereunder arising subsequent to such termination.
ARTICLE XIII
QUIET ENJOYMENT
Upon the observance and performance of all the covenants, terms, and conditions on County's
part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises
for the Term hereby demised and any extensions thereof without hindrance or interruption by
Landlord or any other person or persons lawfully or equitably claiming by, through, or under the
Landlord, subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
CONDEMNATION
If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in
lieu of condemnation for public or quasi public use, the entire compensation or award therefore,
including any severance damages, shall be apportioned between Landlord and County in proportion
to the value of their respective interests and the rent shall be recalculated effective upon the date of
vesting of title in the condemning authority to reflect the reduction in the Premises. County shall
also be entitled to receive compensation for the value of any Alterations or other improvements made
by County to the Premises and moving expenses. In addition, County may elect to terminate this
Lease in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations occurring
8
subsequent to the date of termination other then those relating to apportionment of the compensation
for such condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will be
allowed not less than sixty (60) days notice to remove its property from the Premises.
ARTICLE XV
MISCELLANEOUS
Section 15.01 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein contained
shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or
any other term, condition, or covenant herein contained. The consent or approval by Landlord to or
of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render
unnecessary Landlord's consent to or approval of any subsequent similar act by County.
Section 15.02 Public Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord
nor employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date of the Term of this Lease. This certification
is required pursuant to Florida Statues 287.133 (3)(a).
Section 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided,
no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or
County unless reduced to writing and signed by them.
Section 15.04 Notices.
9
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving
such notice) hand delivered by messenger, courier service, or national overnight delivery service
(provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by
United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall
be the date of delivery of the notice ifby personal delivery, courier services, or national overnight
delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if
transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or
on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is
refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The
parties hereby designed the following addresses as the addresses to which notices may be delivered,
and delivery to such addresses shall constitute binding notice given to such party:
(a) Ifto the Landlord at:
James Johnson, Jr.
533 N. W. 13th Avenue
Boynton Beach, Fl. 33435-3067
Fax 561-
(b) If to the County at:
Palm Beach County
Cooperative Extension Service
559 North Military Trail
West Palm Beach, Florida 33415
Attn: Audrey Norman
Fax 561-233-1761
with a copy to:
Property and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544
Fax 561-233-0210
Telephone 561-233-0217
10
( c) If to the City at:
City of Boynton Beach
100 E Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Fl. 33425-0310
Attn.: Dan DeCarlo, Director of Development
Fax 561-742-6285
Any party may from time to time change the address to which notice under this Lease
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt with any real
estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term of this Lease, or the application thereof to any person or circumstances, shall to
any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to
persons or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
Section 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 15.08 Recording.
County shall be entitled to record this Lease or a Memorandum of Lease in the public records
of Palm Beach County for the purpose of providing public notice of County's interest in the
Premises.
Section 15.09 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER IN CONNECTION WITH THIS LEASE.
Section 15.10 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws ofthe State of Florida
and venue shall be in a state court of competent jurisdiction in Palm Beach County.
11
Section 15.11 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 15.12 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
Section 15.13 Radon.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from County's public health unit.
Section 15.14 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
Section 15.15 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or
be subjected to any form of discrimination under any activity carried out by the performance of this
Agreement.
Section 15.16 Construction.
No party shall be considered the author of this Agreement since the parties hereto have
participated in extensive negotiations and drafting and redrafting of this document to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not effect the remaining portions ofthis Agreement and the same shall remain in full force and
effect.
Section 15.17 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.
12
Section 15.18 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval ofthe Palm Beach County Board
of County Commissioners, and shall become effective only when signed by all parties and approved
by the Palm Beach County Board of County Commissioners.
ARTICLE XVI
INDEMNITY
Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the
City, their agents, employees and elected officers harmless from and against all claims, liability,
expense, loss, cost, damages or causes of action of every kind and character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of
Landlord.
County acknowledges the waiver of sovereign immunity for liability in tort contained in
Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the
County to recover damages in tort for money damages up to the amounts set forth in such statute for
injury or loss of property, personal injury, or death caused by the negligence or wrongful act or
omission of an employee of County while acting within the scope of the employee's office or
employment under such circumstances in which the County, if a private person, would be liable
under the general laws of this State.
City shall be liable for its own actions and negligence and shall indemnify and hold harmless
the County against any actions, claims or damages arising out of City's negligent, willful or
intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County
for County's negligence, willful, or intentional acts or omissions.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
13
IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or
have caused the same to be executed, as of the day and year first above written.
WITNESS:
\'"" '. \'~
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~__ W.itnessSignature
'.~ ',L I ~~
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Print Witness Name
-mE'~S
Witness Sign re
lYll4: fCt( fl.--fTIJ ~ +t Y"2>
Print Witrless Name
WITNESS:
SHARON R. BOCK,
CLERK & COMPTROLLER
By:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Assistant County Attorney
COUNTY:
PALM BEACH COUNTY, FLORIDA,
a political subdivision ofthe State
of Florida
By:
Tony Masilotti, Chairman
APPROVED AS TO TERMS AND
CONDITIONS
By:
Department Director
14
CITY OF BOYNTON BEACH
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Signed and delivered
in the presence of:
Print Witness Name
Print Witness Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
day of 2005, before me personally
, personally known to me or who produced
as identification and who did ( ) did not ( ) take an oath and who executed
the foregoing instrument and acknowledged before that he executed the same for the purposes
therein.
I HERBY CERTIFY that on this
appeared
Notary Public, State of Florida
Print Name
Commission No.
My Commission Expires:
15
SCHEDULE OF EXHIBITS
EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY
RESPONSIBILITY
16
EXHIBIT" A"
LEGAL DESCRIPTION OF THE "PROPERTY"
LOTS 132,133 AND 134, LESS 20' RETURN CURVE AREA ROAD RIGHT-OF-WAY, AND
135 TO 138 INC., BLOCK D, ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 4, PAGE 51, AS RECORDED IN
OFFICIAL RECORD BOOK 9173, PAGE 195, OF THE RECORDS OF PALM BEACH
COUNTY, FLORIDA.
LESS LOTS 133 AND 134.
PROPERTY CONTROL NO. 08-43-45-21-07-004-1320
17
-
EXHIBIT "B't
PROPERTY SKETCH-AREA OF CITY RESPONSIBILITY
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********************************************************************************
LEASE AGREEMENT
between
MARW AN GRALl and SUHAIR GHALI
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
and
THE CITY OF BOYNTON BEACH
(City)
******************************************************************************
G:\Property Mgmt Section\Out Lease\Coop Extension SVO!.ease. City Boynton Beach Ghali HF Approved Revised 4.25.05.da:
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into , by and
between MARW AN GHALI and SUHAIR GHALI property owners, hereinafter referred to as
"Landlord" of 9333 Laurel Green Drive and 9327 Laurel Green Drive, Boynton Beach, Florida
33437 respectively, whose Social Security Number is 595-32-3143 and 589-14-3622, respectively,
and PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf
of the Cooperative Extension Services Department, hereinafter referred to as "County", and the
CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City".
WIT N E SSE T H:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida,
located at North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally
described in Exhibit "AIf attached hereto and by reference made a part hereof (the "Property" ); and
WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose
of developing community gardens through County's 4-H Youth Development Program; and
WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas of
the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property Sketch-
Area of City Responsibility"), leased by Landlord to the County; and
WHEREAS, Landlord is willing to lease the Property to the County for the purposes
hereinafter defined.
NOW THEREFORE, in consideration ofthe rents, covenants, and agreements hereinafter
reserved and contained on the part of the County and City to be observed and performed, the
Landlord demises and leases to County, and the County rents from Landlord the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease shall consist of the Property together with any
improvements now existing or constructed hereinafter thereon.
Section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence on the February 5, 2005 (the "Commencement
Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner terminated
pursuant to the provisions of this Lease. The term of this Lease shall be automatically renewed for
successive one (1) year periods unless either the County or Landlord provides the other party with
notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the
current Term ofthis Lease. Additionally, either County, City or Landlord may cancel this Lease for
any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligations hereunder.
ARTICLE II
RENT
Section 2.01 Annual Rent.
County shall pay Landlord for the use and occupancy of the Premises an annual gross rental
of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations
hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to
the Landlord at the address specified in Section 15.04 herein.
Section 2.02 Payment.
County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales
or use tax shall be included or charged with Annual Rent.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY
Section 3.01 Use of Premises.
The Premises shall be used for the establishment and operation of
the 4- H_ Community Garden Program. County shall not use, permit, or suffer the use of the Premises
for any other purpose whatsoever without the prior written consent of Landlord which consent shall
not be unreasonably withheld. County's obligations under this Lease are contingent upon such use
of the Premises being in compliance with all applicable zoning laws, rules, and regulations affecting
the Premises.
Section 3.02 Conduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose.
County acknowledges that its employees and the Premises shall, throughout the Term ofthis Lease,
be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations
respecting the use and occupancy of the Premises, provided County shall not be required to make
alterations, additions, or improvements to the Premises in order to conform therewith.
Section 3.03 Hazardous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous substances.
3
Section 3.04 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and
expense, shall remove County's personal property and removable fixtures and equipment from the
Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to
any Alterations shall vest in Landlord.
ARTICLE IV
ALTERATION OF LEASED PREMISES
Section 4.01 Landlord's Work.
Landlord shall not be obligated or required to perform any improvements whatsoever to the
Property.
Section 4.02
(a)(I) County's Work.
County shall be entitled to make alterations, improvements, or additions to the Premises
consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at
its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on
the Premises by County, whether pursuant to this Section or otherwise, shall be performed and
accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord,
such Alterations being nevertheless subject to each and every provision ofthis Lease. All work done
by County in connection with any Alterations, repairs, and maintenance on the Premises shall be
done in a good and workmanlike manner.
(a)(2) City's Work
City shall be entitled to make Alterations with respect to the installation of irrigation and
irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all
City's Alterations installed on the Premises by city, whether pursuant to this Section or otherwise,
shall be performed and accomplished solely for the benefit and convenience of City, and not for the
benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis
Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on
the Premises shall be done in a good and workmanlike manner.
Landlord shall not be liable for accidents caused by said improvements or accidents caused
by increased activity on the Premises due to the Community Garden Program.
(b) Construction Liens.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter
713, Part I, in the construction of any improvements to the Premises and shall obtain a public
construction performance bond in accordance with Florida Statutes section 255.05, if required by
such statute. In the event a construction lien is filed against the Premises in connection with any
4
work performed by or on behalf of the Landlord or County, the party performing such work shall
promptly cause such lien to be removed from the Premises.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County.
County shall, at all times during the Term of this Lease, and at its own cost and expense,
repair, replace and maintain in a good, safe and substantial condition, all improvements on the land
including any fence that County may install which may surround the Premises and any
improvements, additions, and alterations to the Premises, and County shall use all reasonable
precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler
heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is
responsible for the cost of the replacement heads. In the event that the City incurs costs for the
replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the
Director ofthe Cooperative Extension Service at the address set forth in Section 15.04(b).
Section 5.02 Responsibility of the City of Boynton Beach.
City shall be responsible for and shall maintain the area of the Premises outside the fenced portion of
the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be
responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent
provided in Article XVI below, in the event that City fails to comply with the obligations contained
herein.
Section 5.03 Hazardous Substance Indemnification by Landlord
Landlord hereby represents and warrants to County that there is not located in, on, upon,
over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii)
polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited,
limited, or regulated by federal, state, county, regional, or local authority. If said substance( s) exist,
Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall
be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's
own furniture, fixtures, office machines, and equipment.
ARTICLE VI
INSURANCE
Section 6.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate evidencing
self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand
Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or
occurrence and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by
5
Statute above or below the sums insured against, the County shall provide insurance to the extent of
that exposure.
Section 6.02 Personal Property.
All of County's personal property placed or moved in the Premises shall be at the risk of the
County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for
any damage to such personal property, except to the extent caused by the Landlord, its agents' , or its
employees' willful or negligent acts or omissions.
ARTICLE VII
DAMAGE OR DESTRUCTION OF PREMISES AND/OR
COUNTY'S ALTERATIONS
In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty
during the Term of this Lease, or any extension thereof, whereby the same shall be rendered
untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the
parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such
casualty. In the event the County elects to terminate this Lease as provided in this Section, the
Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County
does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly
commence restoration of the Premises and diligently pursue such restoration to completion using
materials of like kind and quality or better. The rental due hereunder relating to the portion ofthe
Premises render untenable shall be abated from the date of such casualty until completion of such
restoration.
ARTICLE VIII
UTILITIES AND SERVICES
Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at
Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been
paid in full at the commencement of this Lease. County shall be solely responsible for and promptly
pay directly to the utility company or the provider of such service all charges or assessments for gas,
electricity, trash collection and removal and any other utility used or consumed by County. Landlord
shall not be liable for an interruption or failure in the supply of such service to the Premises resulting
from a failure of the utility company to provide service to the Premises. City shall be responsible
and pay for all water charges for water used or consumed in the operation of this Lease.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor
sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be
unreasonably withheld. In the event of an approved assignment, County shall be released from any
6
further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by
Landlord shall be subject to the terms of this Lease Agreement.
ARTICLE X
DEFAULT
Section 10.01 Default by County.
The occurrence of anyone or more of the following shall constitute an Event of Default by
County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after
receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements,
covenants, or conditions contained in this Lease on County's part to be performed or observed for
more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or
abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or
process of law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Landlord shall have the right to give County notice that Landlord intends to
terminate this Lease upon a specified date not less than thirty (30) days after the date notice is
received by County, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured
within such period or within a reasonable period thereafter if the same cannot be cured within such
period and County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Section 10.02 Default by Landlord.
Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any
term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and
the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event
the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day
period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to
cure said default, provided that Landlord diligently proceeds with the curing of the default. In the
event that the default is not cured by Landlord within the foregoing time period, County, at County's
option, may either cure said default and Landlord shall reimburse County for all expenses incurred
by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that
the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty
(30) day period, this Lease and all obligations of County hereunder shall terminate and County shall
thereupon be relieved of all further obligations hereunder.
ARTICLE XI
ACCESS BY LANDLORD
Landlord and Landlord's agents and employees shall have the right to enter upon the Premises
at all reasonable times to examine the same, and to make any repairs which may be required or
permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice
7
prior to exercising such right except in an emergency in which event no notice shall be required and
shall exercise such right in a manner which minimizes the impact upon County's use ofthe Premises.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this
Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder
are subject to and contingent upon annual budgetary funding by the City of Boynton Beach
Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary
reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be
relieved of all further obligations hereunder arising subsequent to such termination.
ARTICLE XIII
QUIET ENJOYMENT
Upon the observance and performance of all the covenants, terms, and conditions on County's
part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises
for the Term hereby demised and any extensions thereof without hindrance or interruption by
Landlord or any other person or persons lawfully or equitably claiming by, through, or under the
Landlord, subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
CONDEMNATION
If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in
lieu of condemnation for public or quasi public use, the entire compensation or award therefore,
including any severance damages, shall be apportioned between Landlord and County in proportion
to the value of their respective interests and the rent shall be recalculated effective upon the date of
vesting of title in the condemning authority to reflect the reduction in the Premises. County shall
also be entitled to receive compensation for the value of any Alterations or other improvements made
by County to the Premises and moving expenses. In addition, County may elect to terminate this
Lease in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations occurring
subsequent to the date of termination other then those relating to apportionment of the compensation
for such condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will be
allowed not less than sixty (60) days notice to remove its property from the Premises.
8
ARTICLE XV
MISCELLANEOUS
Section 15.01 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein contained
shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or
any other term, condition, or covenant herein contained. The consent or approval by Landlord to or
of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render
unnecessary Landlord's consent to or approval of any subsequent similar act by County.
Section 15.02 Public Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord
nor employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date ofthe Term ofthis Lease. This certification
is required pursuant to Florida Statues 287.133 (3)(a).
Section 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided,
no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or
County unless reduced to writing and signed by them.
Section 15.04 Notices.
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving
such notice) hand delivered by messenger, courier service, or national overnight delivery service
(provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by
United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall
be the date of delivery of the notice ifby personal delivery, courier services, or national overnight
delivery service, or on the date of transmission with confirmed answer back if telecopier or fax, if
transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or
on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is
refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The
parties hereby designed the following addresses as the addresses to which notices may be delivered,
and delivery to such addresses shall constitute binding notice given to such party:
9
(a)
If to the Landlord at:
Marwan Ghali
9333 Laurel Green Drive
Boynton Beach, Fl. 33437-3319
Fax 561-
Suhair Ghali
9327 Laurel Green Drive
Boynton Beach, Fl. 33437
Fax 561-
(b) If to the County at:
Palm Beach County
Cooperative Extension Service
559 North Military Trail
West Palm Beach, Florida 33415
Attn: Audrey Norman
Fax 561-233-1761
with a copy to:
Property and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544
Fax 561-233-0210
Telephone 561-233-0217
(c) If to the City at:
City of Boynton Beach
100 E Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Fl. 33425-0310
Attn.: Dan DeCarlo, Director of Development
Fax 561-742-6285
Any party may from time to time change the address to which notice under this Lease
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt with any real
estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term of this Lease, or the application thereof to any person or circumstances, shall to
any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to
10
persons or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
Section 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 15.08 Recording.
County shall be entitled to record this Lease or a Memorandum of Lease in the public records
of Palm Beach County for the purpose of providing public notice of County's interest in the
Premises.
Section 15.09 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER IN CONNECTION WITH THIS LEASE.
Section 15.10 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws ofthe State of Florida
and venue shall be in a state court of competent jurisdiction in Palm Beach County.
Section 15.11 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 15.12 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
Section 15.13 Radon.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from County's public health unit.
Section 15.14 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
11
Section 15.15 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or
be subjected to any form of discrimination under any activity carried out by the performance ofthis
Agreement.
Section 15.16 Construction.
No party shall be considered the author of this Agreement since the parties hereto have
participated in extensive negotiations and drafting and redrafting of this document to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not effect the remaining portions of this Agreement and the same shall remain in full force and
effect.
Section 15.17 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.
Section 15.18 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval ofthe Palm Beach County Board
of County Commissioners, and shall become effective only when signed by all parties and approved
by the Palm Beach County Board of County Commissioners.
ARTICLE XVI
INDEMNITY
Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the
City, their agents, employees and elected officers harmless from and against all claims, liability,
expense, loss, cost, damages or causes of action of every kind and character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of
Landlord.
County acknowledges the waiver of sovereign immunity for liability in tort contained in
Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the
County to recover damages in tort for money damages up to the amounts set forth in such statute for
injury or loss of property, personal injury, or death caused by the negligence or wrongful act or
omission of an employee of County while acting within the scope of the employee's office or
employment under such circumstances in which the County, if a private person, would be liable
under the general laws of this State.
12
,all be liable for its own actions and negligence and shall indemnify and hold harmless
th(~ainst any actions, claims, or damages arising out of City's negligent, willful or
intC'l~' , .ts or omissions in connection with this Lease. The foregoing indemnification shall not
contiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28. n shall the same be construed to constitute agreement by the City to indemnify the County
for COUilty :) negligence, willful, or intentional acts or omissions.
(REMAINDF;R OF PAGE INTENTIONALLY LEFT BLANK)
13
IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or
have caused the same to be executed, as of the day and year first above written.
'-
WITNESS:
LANDLORD:
~~ ~
Witness Signature \
~~0\ GE\lA
~~~
Witness Signature
/ /
~~
~,~(
Suhair Ghali
~'-~\ c ~eCb~~
Print Witness Name
WITNESS:
SHARON R. BOCK,
CLERK & COMPTROLLER
COUNTY:
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State
of Florida
By:
By:
Tony Masilotti, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS AND
CONDITIONS
By:
Assistant County Attorney
By:
Department Director
14
CITY OF BOYNTON BEACH
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Signed and delivered
in the presence of:
Witness Name
Print Witness Name
Witness Name
Print Witness Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
day of 2005, before me personally
, personally known to me or who produced
as identification and who did ( ) did not ( ) take an oath and who executed
the foregoing instrument and acknowledged before me that he executed the same for the purposes
therein.
I HERBY CERTIFY that on this
appeared
Notary Public, State of Florida
Print Name
Commission No.
My Commission Expires:
15
SCHEDULE OF EXHIBITS
EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY
RESPONSIBILITY
16
EXHIBIT" A"
LEGAL DESCRIPTION OF THE "PROPERTY"
THE WEST 39' OF LOT 12, LESS SOUTH 20' AND A TRIANGULAR PART FOR ROAD
RIGHT-Of-WAY, BLOCK 1, FRANK WEBBER ADDITION TO BOYNTON, FLORIDA,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF
THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED
IN PLAT BOOK 9, PAGE 3 AS RECORDED IN OFFICIAL RECORD BOOK 8303, PAGE
692 OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA.
PROPERTY CONTROL NO. 08-43-45-21-25-001-0121
17
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EXHIBIT "B"
PROPERTY SKETCH-AREA OF CITY RESPONSffiILITY
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********************************************************************************
LEASE AGREEMENT
between
BLANCHE H. GIRTMAN
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
and
THE CITY OF BOYNTON BEACH
(City)
******************************************************************************
GIProperty Mgmt Seetion\Out Lease\Coop Extension SVC\Lease. City Boynton Beach Gir1rnan HF Approved Revised 04.25.06.doe
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into , by and
between BLANCHE H. GIRTMAN property owner, hereinafter referred to as "Landlord" of912
N. W. 3 rd Street, P.O. Box 1552, Boynton Beach, Florida 33425-1552, whose Social Security Number
is 000-00-0767, and PALM BEACH COUNTY, FLORIDA, a political subdivision ofthe State of
Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as
"County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafterreferred to as
"City".
WIT N E SSE T H:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida,
located at North Seacrest Boulevard, Boynton Beach, Florida 33436" which property is legally
described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and
WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose
of developing community gardens through County's 4-H Youth Development Program_; and
WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas
of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property
Sketch-Area of City Responsibility"), leased by Landlord to the County; and
WHEREAS, Landlord is willing to lease the Property to the County for the purposes
hereinafter defined.
NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter
reserved and contained on the part of the County and City to be observed and performed, the
Landlord demises and leases to County, and the County rents from Landlord the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease shall consist of the Property together with any
improvements now existing or constructed hereinafter thereon.
2
Section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence on the February 5, 2005 (the "Commencement
Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner
terminated pursuant to the provisions of this Lease. The term of this Lease shall be automatically
renewed for successive one (1) year periods unless either the County or Landlord provides the other
party with notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of
the current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease
for any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon
the parties shall be relieved of all further obligations hereunder.
ARTICLE II
RENT
Section 2.01 Annual Rent.
County shall pay Landlord for the use and occupancy of the Premises an annual gross rental
of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations
hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to
the Landlord at the address specified in Section 15.04 herein.
Section 2.02 Payment.
County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales
or use tax shall be included or charged with Annual Rent.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY
Section 3.01 Use of Premises.
The Premises shall be used for the establishment and operation of
the 4- H Community Garden Program.:. County shall not use, permit, or suffer the use of the Premises
for any other purpose whatsoever without the prior written consent of Landlord which consent shall
not be unreasonably withheld. County's obligations under this Lease are contingent upon such use
ofthe Premises being in compliance with all applicable zoning laws, rules, and regulations affecting
the Premises.
Section 3.02 Conduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose.
County acknowledges that its employees and the Premises shall, throughout the Term ofthis Lease,
be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations
respecting the use and occupancy of the Premises, provided County shall not be required to make
alterations, additions, or improvements to the Premises in order to conform therewith.
3
Section 3.03 Hazardous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous substances.
Section 3.04 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and
expense, shall remove County's personal property and removable fixtures and equipment from the
Premises, and shall surrender the Premises to the Landlord. Upon surrender ofthe Premises, title to
any Alterations shall vest in Landlord.
ARTICLE IV
ALTERATION OF LEASED PREMISES
Section 4.01 Landlord's Work.
Landlord shall not be obligated or required to perform any improvements whatsoever to the
Property.
Section 4.02
(a)(1) County's Work.
County shall be entitled to make alterations, improvements, or additions to the Premises
consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at
its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on
the Premises by County, whether pursuant to this Section or otherwise, shall be performed and
accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord,
such Alterations being nevertheless subject to each and every provision of this Lease. All work done
by County in connection with any Alterations, repairs, and maintenance on the Premises shall be
done in a good and workmanlike manner.
(a)(2) City's Work.
City shall be entitled to make Alterations with respect to the installation of irrigation and
irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all
City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise,
shall be performed and accomplished solely for the benefit and convenience of City, and not for the
benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this
Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on
the Premises shall be done in a good and workmanlike manner.
Landlord shall not be liable for accidents caused by said improvements or accidents caused
by increased activity on the Premises due to the Community Garden Program.
4
(b) Construction Liens.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter
713, Part I, in the construction of any improvements to the Premises and shall obtain a public
construction performance bond in accordance with Florida Statutes section 255.05, ifrequired by
such statute. In the event a construction lien is filed against the Premises in connection with any
work performed by or on behalf of the Landlord or County, the party performing such work shall
promptly cause such lien to be removed from the Premises.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County.
County shall, at all times during the Term of this Lease, and at its own cost and expense,
repair, replace and maintain in a good, safe and substantial condition, all improvements on the land
including any fence that County may install which may surround the Premises and any
improvements, additions, and alterations to the Premises, and County shall use all reasonable
precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler
heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is
responsible for the cost of the replacement heads. In the event that the City incurs costs for the
replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the
Director ofthe Cooperative Extension Service at the address set forth in Section 15.04(b).
Section 5.02 Responsibility of the City of Boynton Beach.
City shall be responsible for and shall maintain the area of the Premises outside the fenced
portion of the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall
be responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent
provided in Article XVI below, in the event that City fails to comply with the obligations contained
herein.
Section 5.03 Hazardous Substance Indemnification by Landlord
Landlord hereby represents and warrants to County that there is not located in, on, upon,
over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii)
polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited,
limited, or regulated by federal, state, county, regional, or local authority. If said substance(s) exist,
Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall
be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's
own furniture, fixtures, office machines, and equipment.
5
ARTICLE VI
INSURANCE
Section 6.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate evidencing
self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand
Dollars ($ I 00,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or
occurrence and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by
Statute above or below the sums insured against, the County shall provide insurance to the extent of
that exposure.
Section 6.02 Personal Property.
All of County's personal property placed or moved in the Premises shall be at the risk of the
County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for
any damage to such personal property, except to the extent caused by the Landlord, its agents', or its
employees' willful or negligent acts or omissions.
ARTICLE VII
DAMAGE OR DESTRUCTION OF PREMISES AND/OR
COUNTY'S AL TERA TIONS
In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during
the Term ofthis Lease, or any extension thereof, whereby the same shall be rendered untenable, in
whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be
relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the
event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable
hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right
to terminate this lease due to any such casualty, Landlord shall promptly commence restoration of the
Premises and diligently pursue such restoration to completion using materials oflike kind and quality
or better. The rental due hereunder relating to the portion of the Premises render untenable shall be
abated from the date of such casualty until completion of such restoration.
ARTICLE VIII
UTILITIES AND SERVICES
6
Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at
Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been
paid in full at the commencement of this Lease. County shall be solely responsible for and promptly
pay directly to the utility company or the provider of such service all charges or assessments for gas,
electricity, trash collection and removal and any other utility used or consumed by County. Landlord
shall not be liable for an interruption or failure in the supply of such service to the Premises resulting
from a failure of the utility company to provide service to the Premises. City shall be responsible and
pay for all water charges for water used or consumed in the operation of this Lease.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor
sublet all or any portion ofthe Premises, without Landlord's prior written consent, which shall not be
unreasonably withheld. In the event of an approved assignment, County shall be released from any
further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by
Landlord shall be subject to the terms of this Lease Agreement.
ARTICLE X
DEFAULT
Section 10.01 Default by County.
The occurrence of anyone or more of the following shall constitute an Event of Default by
County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after
receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements,
covenants, or conditions contained in this Lease on County's part to be performed or observed for
more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or
abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or
process of law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Landlord shall have the right to give County notice that Landlord intends to
terminate this Lease upon a specified date not less than thirty (30) days after the date notice is
received by County, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured
within such period or within a reasonable period thereafter if the same cannot be cured within such
period and County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Section 10.02 Default by Landlord.
Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any
term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and
the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event
the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day
7
period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to
cure said default, provided that Landlord diligently proceeds with the curing of the default. In the
event that the default is not cured by Landlord within the foregoing time period, County, at Count)ls
option, may either cure said default and Landlord shall reimburse County for all expenses incurred
by County in doing so, or County may give to the Landlord a thirty (30) days notice specifYing that
the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty
(30) day period, this Lease and all obligations of County hereunder shall terminate and County shall
thereupon be relieved of all further obligations hereunder.
ARTICLE XI
ACCESS BY LANDLORD
Landlord and Landlord's agents and employees shall have the right to enter upon the Premises
at all reasonable times to examine the same, and to make any repairs which may be required or
permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice
prior to exercising such right except in an emergency in which event no notice shall be required and
shall exercise such right in a manner which minimizes the impact upon County's use of the Premises.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this
Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder
are subject to and contingent upon annual budgetary funding by the City of Boynton Beach
Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary
reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be
relieved of all further obligations hereunder arising subsequent to such termination.
ARTICLE XIII
QUIET ENJOYMENT
Upon the observance and performance of all the covenants, terms, and conditions on Count)ls part to
be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the
Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or
any other person or persons lawfully or equitably claiming by, through, or under the Landlord,
subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
CONDEMNATION
8
If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in
lieu of condemnation for public or quasi public use, the entire compensation or award therefore,
including any severance damages, shall be apportioned between Landlord and County in proportion
to the value of their respective interests and the rent shall be recalculated effective upon the date of
vesting of title in the condemning authority to reflect the reduction in the Premises. County shall
also be entitled to receive compensation for the value of any Alterations or other improvements made
by County to the Premises and moving expenses. In addition, County may elect to terminate this
Lease in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations occurring
subsequent to the date of termination other then those relating to apportionment of the compensation
for such condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will be
allowed not less than sixty (60) days notice to remove its property from the Premises.
ARTICLE XV
MISCELLANEOUS
Section 15.01 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein contained
shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or
any other term, condition, or covenant herein contained. The consent or approval by Landlord to or
of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render
unnecessary Landlord's consent to or approval of any subsequent similar act by County.
Section 15.02 Public Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord
nor employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date of the Term of this Lease. This certification
is required pursuant to Florida Statues 287.133 (3)(a).
Section 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided,
no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or
County unless reduced to writing and signed by them.
Section 15.04 Notices.
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving
such notice) hand delivered by messenger, courier service, or national overnight delivery service
9
(provided in each case a receipt is obtained),telecopied or faxed, or alternatively shall be sent by
United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall
be the date of delivery of the notice ifby personal delivery, courier services, or national overnight
delivery service, or on the date of transmission with confirmed answer back if transmitted before
5PM on a business day and on the next business day if transmitted after 5PM or on a non-business
day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice
designated by the postal authorities as non-deliverable, as the case may be. The parties hereby
designed the following addresses as the addresses to which notices may be delivered, and delivery to
such addresses shall constitute binding notice given to such party:
(a) If to the Landlord at:
Blanche H. Girtman
912 N. W. 3rd Street
P. O. Box 1552
Boynton Beach, Fl. 33425-1552
Fax 561-
(b) If to the County at:
Palm Beach County
Cooperative Extension Service
559 North Military Trail
West Palm Beach, Florida 33415
Attn: Audrey Norman
Fax 561-233-1761
with a copy to:
Property and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544
Fax 561-233-0210
Telephone 561-233-0217
(c) If to the City at:
City of Boynton Beach
100 E Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Fl. 33425-0310
10
Attn.: Dan DeCarlo, Director of Development
Fax 561-742-6285
Any party may from time to time change the address to which notice under this Lease
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt with any real
estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term of this Lease, or the application thereof to any person or circumstances, shall to
any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to
persons or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
Section 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 15.08 Recording.
County shall be entitled to record this Lease or a Memorandum of Lease in the public records
of Palm Beach County for the purpose of providing public notice of County's interest in the
Premises.
Section 15.09 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER IN CONNECTION WITH THIS LEASE.
Section 15.10 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws ofthe State of Florida
and venue shall be in a state court of competent jurisdiction in Palm Beach County.
Section 15.11 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 15.12 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
11
Section 15.13 Radon.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from County's public health unit.
Section 15.14 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
Section 15.15 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or
be subjected to any form of discrimination under any activity carried out by the performance of this
Agreement.
Section 15.16 Construction.
No party shall be considered the author of this Agreement since the parties hereto have
participated in extensive negotiations and drafting and redrafting of this document to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not effect the remaining portions of this Agreement and the same shall remain in full force and
effect.
Section 15.17 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.
Section 15.18 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval of the Palm Beach County Board
of County Commissioners, and shall become effective only when signed by all parties and approved
by the Palm Beach County Board of County Commissioners.
ARTICLE XVI
INDEMNITY
Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the
City, their agents, employees and elected officers harmless from and against all claims, liability,
12
expense, loss, cost, damages or causes of action of every kind and character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of
Landlord.
County acknowledges the waiver of sovereign immunity for liability in tort contained in
Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the
County to recover damages in tort for money damages up to the amounts set forth in such statute for
injury or loss of property, personal injury, or death caused by the negligence or wrongful act or
omission of an employee of County while acting within the scope of the employee's office or
employment under such circumstances in which the County, if a private person, would be liable
under the general laws of this State.
City shall be liable for its own actions and negligence and shall indemnify and hold harmless
the County against any actions, claims or damages arising out of City's negligent, willful or
intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County
for County's negligence, willful, or intentional acts or omissions.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
13
IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or
have caused the same to be executed, as of the day and year first above written.
WITNESS:
LANDLORD:
&~7/~
f. BLANCHE H. GIR~MAN
.~~ C~eGI ~ 00
Witness Signature
.~O{'\,~ <2- ~ Ckrl C'I
Print Witness Name
Witness Signature
Print Witness Name
WITNESS:
SHARON R. BOCK
CLERK & COMPTROLLER
COUNTY:
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State
of Florida
By:
By:
Tony Masilotti, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS AND
CONDITIONS
By:
Assistant County Attorney
By:
Department director
14
CITY OF BOYNTON BEACH
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Signed and delivered
in the presence of:
Print Witness Name
Print Witness Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
day of 2005, before me personally
, personally known to me or who produced
as identification and who did ( ) did not ( ) take an oath and who executed
the foregoing instrument and acknowledged before that he executed the same for the purposes
therein.
I HERBY CERTIFY that on this
appeared
Notary Public, State of Florida
Print Name
Commission No.
My commission Expires:
15
SCHEDULE OF EXHIBITS
EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY
RESPONSIBILITY
16
EXHIBIT "A"
LEGAL DESCRIPTION OF THE "PROPERTY"
LOT 11, AND EAST 11 FEET OF LOT 12, FRANK WEBBER ADDITION TO
BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE
OF TH E { LERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 9, PAGE 3, AS RECORDED IN OFFICIAL RECORD BOOK
788, PAGE 389, OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA.
PROPERTY CONTROL NO. 08-43-45-21-25-001-0110
17
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EXHIBIT "B"
PROPERTY SKETCH-AREA OF CITY RESPONSIBILITY
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VI.-CONSENT AGENDA
ITEM C.7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon,) 0 June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) [gI June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5,2005 (Noon)
NATURE OF
AGENDA ITEM
- -
C"') ._-;
Cil ::~-<
0 Administrative 0 Development Plans L._ ~'~" (:1
c: ,.., -'1
[gI Consent Agenda 0 New Business \.~-~)
V :C-:-J
0 Public Hearing 0 Legal r"')
0 Bids 0 Unfinished Business ,-~ -~
l.._,=
0 Announcement 0 Presentation ---"1
~,.t~ W
0 City Manager's Report (...J --1',
J>
c;:.) C)
::c
RECOMMENDATION: Approve Resolution XX-XXX that requires that wind load design standards for any and all future
municipal buildings and structures be designed according to Exposure C of the American Society of Civil Engineers (ASCE)
publication titled Minimum Design Loadsfor Buildings and Structures, ASCE 7-98.
EXPLANATION: As a result oflast Fall's busy hurricane season, City staff has been requested to evaluate design
standards for municipal buildings and structures. This exercise is intended to determine if it is desirable from a policy
perspective to fortify future City buildings and structures to better withstand hurricanes. As a local governing body, the City
of Boynton Beach provides many services to the community. A number of these services are critical to the safety and well
being of our residents.
The Florida Building Code (FBC) provides guidance relative to design standards for all buildings and structures that are
designed and constructed in the State of Florida. The FBC also guides the structural and wind load design of facilities that are
specially designated as "essential facilities". The FBC requires that all essential facilities be assigned an Importance Factor of
15% such that the wind load design is 15% greater than what the Code would otherwise require. The FBC identifies the
following essential facilities:
1. Hospital and other medical facilities having surgery or emergency treatment areas
2. Fire or rescue and police stations
3. Primary communication facilities and disaster operation centers
4. Power stations and other utilities required in an emergency
Obviously, the City operates a number of facilities that, both now and in the future, are classified as essential facilities.
Therefore, according to the FBC, all future City facilities in these categories would be designed with the 15% importance
factor. However, it is staffs opinion that other future City facilities should also be designed and constructed to a more rigid
set of standards. Each and every facility provides a valued community service. For example, Recreation buildings may be in
demand to support other City response activities following a catastrophic hurricane event. Furthermore, it is desirable to
continue City "business as usual" following a storm event. By returning to normal City services as quickly as possible, we
would have a positive impact on our residents.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
As noted, the FBC requires that certain buildings and structures to be considered as essential facilities. Whereas the City
cannot extend the defmition of essential facilities to other private structures, we can certainly impart this definition onto all
City facilities if we so choose and thereby increase their design requirements in the future.
There is however, an even more stringent design standard than the designation of essential facility. Chapter 1601 (Structural)
and Chapter 1606 (Wind Load) of the FBC both refer to the American Society of Civil Engineers (ASCE) publication titled
Minimum Design Loadsfor Buildings and Structures, ASCE 7-98. The FBC incorporates design standards of ASCE 7-98.
The most stringent design parameter is for those structures located within 1,500 feet of the coastline and with specified wind
speeds during three-second gusts. The standard is applied to various types of architectural design. The correct terminology for
this zone is Exposure C. Design parameters for Exposure C consider wind loads at various heights above ground level. The
design standards for Exposure C are fairly comprehensive and well understood by the engineering profession. Therefore, if
the City Commission believes it appropriate to ensure enhanced design of future City facilities, then Staff recommends that all
facilities be designed to meet the standards identified in ASCE 7-98, Exposure C.
PROGRAM IMP ACT: Future City facilities and structures would be designed to withstand more severe wind loads based
upon specific architectural/structural design. This will likely allow City services to continue following more severe hurricane
storm events.
FISCAL IMP ACT: It is fairly difficult to identify increased costs associated with using more stringent design standards
because each facility will be designed differently to serve a multitude of services. Staff has discussed this with one of the
City's architectural consultants and we have determined that the added cost to enhance the structural strength as proposed
will vary from 10% to 25% greater than the normal cost. Therefore, should the City decide in the future to design and build a
new facility with an estimated cost of$5.0M, then the proposed design change would add an additional $500,000 to $l.OM to
the design and construction cost.
ALTERNATIVES: The existing Florida Building Code has very strict wind load design standards as it is. The City can
choose to utilize the essential facility classification for all City buildings. This would increase the cost of those building by
somewhere between 5% and 15%, again depending upon the architectural/structural design. The City is not required to use
Exposure C of ASCE 7-98 in any scenario. Therefore, the City Commission can choose to continue to use the Florida
Building Code;' ourrently writteu and ,till adhere to "'5OTIable and ao"""J2:" ,tandanls.
I ,/, ~
City Manager's Signature
Public Works & Engineering
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1 RESOLUTION NO. 05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, SUPPORTING THE
5 REQUIREMENT THAT ALL FUTURE
6 MUNICIPAL BUILDINGS AND STRUCTURES
7 SHALL BE DESIGNED TO WITHSTAND WIND
8 LOADS IDENTIFIED IN ASCE 7-98, EXPOSURE
9 C; AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, during 2004, the City of Boynton Beach, and much of Florida,
13 was subjected to damaging hurricane force winds, and
14 WHEREAS, it is desirable to ensure that City facilities are constructed in a
15 superior manner in order to survive future hurricanes; and
16 WHEREAS, the City of Boynton Beach operates numerous public facilities that
17 serve the needs of the community and are designated as essential facilities by the Florida
18 Building Code; and
19 WHEREAS, The Florida Building Code provides guidance relative to design
20 standards for building construction in the State of Florida; and
21 WHEREAS, the Florida Building Code makes reference to structural and wind
22 load design standards in the American Society of Civil Engineers (ASCE) publication
23 titled Minimum Design Loads for buildings and Structures, ASCE 7-98; and
24 WHEREAS, the Florida Building Code and ASCE standards provide guidance
25 towards construction standards for municipal facilities as well; and
26 WHEREAS, the City Commission has determined that it is in the best interests of
27 the public health, safety, and welfare to support the requirement that all future municipal
28 buildings and structures constructed by the City of Boynton Beach shall be designed to
29 withstand wind loads identified in ASCE 7-98, Exposure C.
:\CA\RESO\Wind Load Buildings,doc
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
3
Section 1.
Each Whereas clause set forth above is hereby ratified as being true
4
and correct and incorporated herein by this reference.
5
Section 2.
The City Commission of the City of Boynton Beach acknowledges
6
and approves the requirement that all future municipal buildings and structures
7
constructed by the City of Boynton Beach shall be designed to withstand wind loads
8
identified in ASCE 7-98, Exposure C. This policy shall apply only to new facilities that
9
have not entered the design phase as ofthe date of ratification ofthis Resolution.
10
Section 3.
This Resolution shall take effect immediately upon passage.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\CA\RESO\Wind Load Buildings,doc
VI.-CONSENT AGENDA
ITEM C.8
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon,) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) rgJ June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF rgJ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Authorize by resolution, the City Manager, Kurt Bressner, to apply for and execute agreements and
documents associated with the Urban and Community Forestry Program grant on behalf of the City of Boynton Beach.
EXPLANATION: In response to the hurricanes, Congress passed legislation on October 13,2004, to provide the US Forest
Service with grant funds for affected communities to mitigate the effect of recent hurricanes and other weather-related events,
and to reduce potential damage from future stonns, Under the Urban and Community Forestry Program, applicants can
receive 75% cost-share funds for urban tree management activities that have been initiated since October 13, 2004, or will be
carried out during the next two years. Activities that have been reimbursed from either FEMA or other state or federal sources
are not eligible. A resolution authorizing the City Manager to apply for and execute agreements and documents associated
with the Urban and Community Forestry program grant is an application requirement. The grant will be used to reimburse the
City for costs associated with replacing trees that were severely damaged or destroyed by the 2004 hurricanes along Federal
Highway corridor in the City of Boynton Beach.
PROGRAM IMPACT: It is the City's responsibility to properly maintain the landscaping of the Federal Highway corridor.
FISCAL IMPACT: The Urban and Community Forestry Program grant provides up to 75 % of the eligible project costs.
The Federal Highway corridor reforestation is estimated at $7,740,00. The City is requesting $5,805.00 in grant funds.
Matching funds totaling $1,935,00 will be taken from Forestry and Grounds operating budget.
d the entire project $7,740.00.
~
City Manager's Signature
Public Works
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
I RESOLUTION R05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
5 AUTHORIZING AND DIRECTING THE CITY MANAGER TO
6 EXECUTE AGREEMENTS AND DOCUMENTS ASSOCIATED
7 WITH THE URBAN AND COMMUNITY FORESTRY GRANT
8 TO REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH
9 REPLACING TREES ALONG FEDERAL HIGHWAY
10 CORRIDOR WHICH WERE SEVERLY DAMAGED BY THE
11 HURRICANE; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, in response to the 2004 hurricanes, Congress passed legislation to
15 provide the US Forest Service with grant funds to mitigate the effect of the recent hurricanes
16 and for urban tree management activities; and
17 WHEREAS, it is the City's responsibility to properly maintain the landscaping of
18 the Federal Highway corridor; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon
20 recommendation of staff, deems it to be in the best interest of the citizens of the City of
21 Boynton Beach to authorize the City Manager to apply for and execute agreements and
22 documents associated with the Urban and Community Forestry Grants program.
23 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT:
25
26
Section 1:
The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
30 authorizes the City Manager to apply for and execute agreements and documents associated
S:\CA\RESO\Grants\Forestry Grant (Federal Hwy),doc
1
with the Urban and Community Forestry grant to reimburse the City for costs associated with
2
replacing trees that were severely damaged or destroyed by the 2004 hurricanes along the
3
Federal Highway corridor, a copy of said Agreement attached hereto.
4
5
6
7
8
9
10
11
12
13
14
15
16
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18
19
20
21
22
23
24
Section 3:
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS _ day of June, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
ATTEST:
Commissioner
City Clerk
Commissioner
(Corporate Seal)
S:\CA\RESO\Grants\Forestry Grant (Federal Hwy),doc
Submit Bids to:
Florida Department of Agriculture and Consumer Services
407 South Calhoun Street - Mayo Building, Room SB-8
Tallahassee, FL 32399-0800
CHARLES H. BRONSON
COMMISSIONER
Telephone: (850) 487-3727
BIDS NO. RFP/DF-04/05-99
Page 1 of ....Q.L Pages
AGENCY MAILING DATE:
May 4, 2005
WILL BE OPENED JUNE 30, 2005 @ 2:00 P.M.
and may not be withdrawn within 90 days after such date and time
BID TITLE:
NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT 8/1/2005
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
VENDOR NAME AUTHORIZED SIGNATURE (MANUAL)
VENDOR MAILING ADDRESS
CITY - STATE - ZIP AUTHORIZED SIGNATURE (TYPED) TITLE
TELEPHONE: ( )
I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation firm. or person submitting a proposal for
the same materials. supplies or equipment. and is in all respects fair and without collusion or fraud, I agree to abide by all conditions of this Proposal and
certify that I am authorized to sign this Proposal for the Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal
including but not limited to, certification requirements, In submitting a Proposal to an agency for the State of Florida, the Proposer offers and agrees that
if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action
it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities
or services purchased or acquired by the State of Florida, At the State's discretion, such assignment shall be made and become effective at the time the
purchasing agency tenders final payment to the Proposer.
GENERAL INSTRUCTIONS TO RESPONDENTS
1. Definitions, The definitions found in s. 60A-1,001, FAC, shall
apply to this agreement. The following additional terms are also
defined:
(a) "Buyer" means the entity that has released the solicitation,
(b) "Procurement Officer" means the Buye(s contracting personnel,
as identified in the Introductory Materials,
(c) "Respondent" means the entity that submits materials to the
Buyer in accordance with these Instructions,
(d) "Response" means the material submitted by the respondent in
answering the solicitation,
(e) "Timeline" means the list of critical dates and actions included in
the Introductory Materials,
2. General Instructions. Potential respondents to the solicitation are
encouraged to carefully review all the materials contained herein and
prepare responses accordingly,
'3. Electronic Submission of Responses. Respondents are required
to submit responses electronically. For this purpose, all references
herein to signatures. signing requirements, or other required
acknowledgments hereby include electronic signature by means of
clicking the "Submit Response" button (or other similar symbol or
process) attached to or logically associated with the response created
by the respondent within MyFloridaMarketPlace, The respondent
agrees that the action of electronically submitting its response
constitutes:
an electronic signature on the response. generally,
an electronic signature on any form or section specifically calling
for a signature. and
an affirmative agreement to any statement contained in the
solicitation that requires a definite confirmation or
acknowledgement.
4. Terms and Conditions. All responses are subject to the terms of the
following sections of this solicitation, which, in case of conflict, shall
have the order of precedence listed:
Technical Specifications,
Special Conditions.
Instructions to Respondents (PUR 1001).
General Conditions (PUR 1000). and
Introductory Materials,
The Buyer objects to and shall not consider any additional terms or
conditions submitted by a respondent, including any appearing in
documents attached as part of a respondent's response, In
submitting its response, a respondent agrees that any additional terms
or conditions, whether submitted intentionally or inadvertently, shall
have no force or effect. Failure to comply with terms and conditions,
including those specifying information that must be submitted with a
response, shall be grounds for rejecting a response,
*5. Questions. Respondents shall address all questions regarding this
solicitation to the Procurement Officer, Questions must be submitted
via the Q&A Board within MyFloridaMarketPlace and must be
RECEIVED NO LATER THAN the time and date reflected on the
Timeline, Questions shall be answered in accordance with the
Timeline, NI questions submitted shall be published and answered
in a manner that all respondents will be able to view, Respondents
shall not contact any other employee of the Buyer or the State for
information with respect to this solicitation, Each respondent is
responsible for monitoring the MyFloridaMarketPlace site for new or
changing information, The Buyer shall not be bound by any verbal
information or by any written information that is not contained within
the solicitation documents or formally noticed and issued by the
Buye(s contracting personnel. Questions to the Procurement Officer
1
6.
or to any Buyer personnel shall not constitute formal protest of the
specifications or of the solicitation, a process addressed in paragraph
19 of these Instructions,
Conflict of Interest. This solicitation is subject to chapter 112 of the
Florida Statutes, Respondents shall disclose with their response the
name of any officer, director, employee or other agent who is also an
employee of the State, Respondents shall also disclose the name of
any State employee who owns, directly or indirectly, an interest of five
percent (5%) or more in the respondent or its affiliates,
Convicted Vendors. A person or affiliate placed on the convicted
vendor list following a conviction for a public entity crime is prohibited
from doing any of the following for a period of 36 months from the date
of being placed on the convicted vendor list:
submitting a bid on a contract to provide any goods or services
to a public entity;
submitting a bid on a contract with a public entity for the
construction or repair of a public building or public work;
submitting bids on leases of real property to a public entity;
being awarded or performing work as a contractor. supplier,
subcontractor. or consultant under a contract with any public
entity; and
transacting business with any public entity in excess of the
Category Two threshold amount ($25,000) provided in section
287,017 of the Florida Statutes,
Discriminatory Vendors. An entity or affiliate placed on the
discriminatory vendor list pursuant to section 287,134 of the Florida
Statutes may not:
submit a bid on a contract to provide any goods or services to a
public entity;
submit a bid on a contract with a public entity for the construction
or repair of a public building or public work;
submit bids on leases of real property to a public entity;
be awarded or perform work as a contractor. supplier, sub-
contractor, or consultant under a contract with any public entity;
or
transact business with any public entity,
Respondent's Representation and Authorization. In submitting a
response, each respondent understands, represents, and
acknowledges the following (if the respondent cannot so certify to any
of following, the respondent shall submit with its response a written
explanation of why it cannot do so),
The respondent is not currently under suspension or debarment
by the State or any other governmental authority,
To the best ofthe knowledge of the person signing the response.
the respondent, its affiliates, subsidiaries, directors, officers, and
employees are not currently under investigation by any
governmental authority and have not in the last ten (10) years
been convicted or found liable for any act prohibited by law in
any jurisdiction, involving conspiracy or collusion with respect to
bidding on any public contract,
To the best of the knowledge of the person signing the response,
the respondent has no delinquent obligations to the State,
including a claim by the State for liquidated damages under any
other contract,
The submission is made in good faith and not pursuant to any
agreement or discussion with, or inducement from, any firm or
person to submit a complementary or other noncompetitive
response.
The prices and amounts have been arrived at independently and
without consultation. communication, or agreement with any
other respondent or potential respondent; neither the prices nor
amounts, actual or approximate, have been disclosed to any
respondent or potential respondent, and they will not be
disclosed before the solicitation opening,
The respondent has fully informed the Buyer in writing of all
convictions of the firm, its affiliates (as defined in section
287,133(1 )(a) of the Florida Statutes), and all directors, officers,
and employees of the firm and its affiliates for violation of state
or federal antitrust laws with respect to a public contract for
violation of any state or federal law involving fraud, bribery.
collusion. conspiracy or material misrepresentation with respect
to a public contract. This includes disclosure of the names of
current ernployees who were convicted of contract crimes while
in the employ of another company,
7.
8.
9.
Neither the respondent nor any person associated with it in the
capacity of owner, partner, director, officer, principal, investigator,
project director, manager, auditor, or position involving the
administration of federal funds:
o Has within the preceding three years been convicted of or
had a civil judgment rendered against them or is presently
indicted for or otherwise criminally or civilly charged for:
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain. or performing a federal,
state, or local govemment transaction or public contract;
violation offederal or state antitrust statutes; or commission
of embezzlement, theft, forgery, bribery, falsification or
destruction of records. making false statements, or
receiving stolen property; or
o Has within a three-year period preceding this certification
had one or more federal, state, or local government
contracts terminated for cause or default.
The product offered by the respondent will conform to the
specifications without exception,
The respondent has read and understands the Contract terms
and conditions, and the submission is made in conformance with
those terms and conditions.
If an award is made to the respondent, the respondent agrees
that it intends to be legally bound to the Contract that is formed
with the State,
The respondent has made a diligent inquiry of its employees and
agents responsible for preparing. approving, or submitting the
response. and has been advised by each of them that he or she
has not participated in any communication, consultation,
discussion, agreement, collusion, act or other conduct
inconsistent with any of the statements and representations
made in the response,
The respondent shall indemnify, defend, and hold harmless the
Buyer and its employees against any cost, damage, or expense
which may be incurred or be caused by any error in the
respondent's preparation of its bid,
All information provided by, and representations made by, the
respondent are material and important and will be relied upon by
the Buyer in awarding the Contract, Any misstatement shall be
treated as fraudulent concealment from the Buyer of the true
facts relating to submission ofthe bid, A misrepresentation shall
be punishable under law, including. but not limited to, Chapter
817 of the Florida Statutes,
10. Performance Qualifications. The Buyer reserves the right to
investigate or inspect at any time whether the product, qualifications,
or facilities offered by respondent meet the Contract requirements.
Respondent shall at all times during the Contract term remain
responsive and responsible, Respondent must be prepared, if
requested by the Buyer, to present evidence of experience, ability, and
financial standing, as well as a statement as to plant, machinery. and
capacity of the respondent for the production, distribution, and
servicing of the product bid, If the Buyer determines that the
conditions of the solicitation documents are not complied with. or that
the product proposed to be furnished does not meet the specified
requirements, or that the qualifications. financial standing, or facilities
are not satisfactory. or that performance is untimely. the Buyer may
reject the response or terminate the Contract, Respondent may be
disqualified from receiving awards if respondent, or anyone in
respondent's employment. has previously failed to perform
satisfactorily in connection with public bidding or contracts. This
paragraph shall not mean or imply that it is obligatory upon the Buyer
to make an investigation either before or after award of the Contract,
but should the Buyer elect to do so, respondent is not relieved from
fulfilling all Contract requirements,
11. Public Opening. Responses shall be opened on the date ancl at the
location indicated on the Timeline. Respondents may, but are not
required to. attend, The Buyer may choose not to announce prices
or release other materials pursuant to s, 119,07(3)(m), Florida
Statutes, Any person requiring a special accommodation because of
a disability should contact the Procurement Officer at least five (5)
workdays prior to the solicitation opening, If you are hearing or
speech impaired, please contact the Buyer by using the Florida Relay
Service at (800) 955-8771 (TOD),
12. Electronic Posting of Notice of Intended Award. Based on the
evaluation, on the date indicated on the Timeline the Buyer shall
2
electronically post a notice of intended award at
http://fcn,state,f1,us/owa_vbslowalvbs_www,main_menu, If the notice
of award is delayed, in lieu of posting the notice of intended award the
Buyer shall post a notice of the delay and a revised date for posting
the notice of intended award, Any person who is adversely affected
by the decision shall file with the Buyer a notice of protest within 72
hours after the electronic posting. The Buyer shall not provide
tabulations or notices of award by telephone,
13. Finn Response. The Buyer may make an award within sixty (60)
days after the date of the opening, during which period responses
shall remain firm and shall not be withdrawn, If award is not made
within sixty (60) days, the response shall remain firm until either the
Buyer awards the Contract or the Buyer receives from the respondent
written notice that the response is withdrawn, Any response that
expresses a shorter duration may, in the Buyer's sole discretion, be
accepted or rejected,
14. Clarifications/Revisions. Before award, the Buyer reserves the right
to seek clarifications or request any information deemed necessary for
proper evaluation of submissions from all respondents deemed
eligible for Contract award, Failure to provide requested information
may result in rejection of the response,
15. Minor Irregularities/Right to Reject. The Buyer reserves the right
to accept or reject any and all bids, or separable portions thereof, and
to waive any minor irregularity, technicality, or omission if the Buyer
determines that doing so will serve the State's best interests, The
Buyer may reject any response not submitted in the manner specified
by the solicitation documents,
16. Contract Fonnation. The Buyer shall issue a notice of award, if any,
to successful respondent(s). however. no contract shall be formed
between respondent and the Buyer until the Buyer signs the Contract,
The Buyer shall not be liable for any costs incurred by a respondent
in preparing or producing its response or for any work performed
before the Contract is effective.
17. Contract Overlap. Respondents shall identify any products covered
by this solicitation that they are currently authorized to furnish under
any state term contract. By entering into the Contract. a Contractor
authorizes the Buyer to eliminate duplication between agreements in
the manner the Buyer deems to be in its best interest.
"18. Public Records. Florida law generously defines what constitutes a
public record; see, for example, section 119,07 ofthe Florida Statutes,
If a respondent believes that its response contains information that
should not be a public record, the respondent shall clearly segregate
and mark that information (for example, placing the material in a
separate electronic file, and including the word 'Confidential' in the
filename) and briefly describe in writing the grounds for claiming
exemption from the public records law, including the specific statutory
citation for such exemption,
19. Protests. Any protest concerning this solicitation shall be made in
accordance with sections 120,57(3) and 287,042(2) of the Florida
Statutes and chapter 28-110 of the Florida Administrative Code,
Questions to the Procurement Officer shall not constitute formal notice
of a protest. It is the Buyer's intent to ensure that specifications are
written to obtain the best value for the State and that specifications are
written to ensure competitiveness, faimess. necessity and
reasonableness in the solicitation process,
Section 120,57(3)(b), F,S, and Section 28-110,003, Fla, Admin, Code
require that a notice of protest of the solicitation documents shall be
made within seventy-two hours after the posting of the solicitation,
Section 120,57(3)(a), F,S, requires the following statement to be
included in the solicitation: "Failure to file a protest within the time
prescribed in section 120,57(3). Florida Statutes, shall constitute a
waiver of proceedings under chapter 120, Florida Statutes."
Section 28-110,005. Fla, Admin. Code requires the following
statement to be included in the solicitation: "Failure to file a protest
within the time prescribed in Section 120,57(3), Florida Statutes, or
failure to post the bond or other security required by law within the
time allowed for filing a bond shall constitute a waiver of proceedings
under Chapter 120, Florida Statutes."
DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO
SUBMISSION INSTRUCTIONS IN THE BID DOCUMENT.
DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO
SPECIAL CONDITIONS IN THE BID DOCUMENT.
(PUR 1001 . 6OA.1.002(7), FAC.1
1.
GENERAL CONTRACT CONDITIONS
3.
Product Version. Purchase orders shall be deemed to reference a
manufacturer's most recently release model or version of the product
at the time of the order, unless the Customer specifically requests in
writing an earlier model or version and the contractor is willing to
provide such model or version,
Price Changes Applicable only to Term Contracts. If this is a term
contract for commodities or services, the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional
discounts for one time delivery of large single orders. Customers
should seek to negotiate additional price concessions on quantity
purchases of any products offered under the Contract. State
Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer
becomes aware of better pricing offered by the Contractor for
substantially the same or a smaller quantity of a product outside
the Contract, but upon the same or similar terms of the Contract,
then at the discretion of the Customer the price under the
Contract shall be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the
balance of the Contract term due to a change in market
conditions, a Contractor may conduct sales promotions involving
price reductions for a specified lesser period. A Contractor shall
submit to the Contract Specialist documentation identifying the
proposed (1) starting and ending dates of the promotion, (2)
products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shall be available to all
Customers. Upon approval, the Contractor shall provide
conspicuous notice of the promotion,
Definitions. The definitions contained in s. 60A-1,001. FAC. shall
apply to this agreement. The following additional terms are also
defined:
2.
(a) .Contract" means the legally enforceable agreement that results
from a successful solicitation, The parties to the Contract will be
the Customer and Contractor.
(b) .Customer" means the State agency or other entity that will order
products directly from the Contractor under the Contract,
(c) .Product" means any deliverable under the Contract, which may
include commodities, services, technology or software,
(d) .Purchase order" means the form or format a Customer uses to
make a purchase under the Contract (e.g" a formal written
purchase order, electronic purchase order, procurement card. or
other authorized means),
Purchase Orders. A Contractor shall not deliver or furnish products
until a Customer transmits a purchase order. All purchase orders
shall bear the Contract or solicitation number, shall be placed by the
Customer directly with the Contractor. and shall be deemed to
incorporate by reference the Contract and solicitation terms and
conditions, Any discrepancy between the Contract terms and the
terms stated on the Contractor's order form, confirmation, or
acknowledgement shall be resolved in favor of terms most favorable
to the Customer, A purchase order for services within the ambit of
section 287,058(1) of the Florida Statutes shall be deemed to
incorporate by reference the requirements of subparagraphs (a)
through (f) thereof. Customers shall designate a contract manager and
a contract administrator as required by subsections 287,057(15) and
(16) of the Florida Statutes,
4.
3
(d) Trade"n, Customers may trade-in equipment when making
purchases from the Contract. A trade-in shall be negotiated
between the Customer and the Contractor, Customers are
obligated to actively seek current fair market value when trading
equipment, and to keep accurate records of the process, For
State agencies, it may be necessary to provide documentation
to the Department of Financial Services and to the agency
property custodian pursuant to Chapter 273, F,S,
(e) EQuitable Adjustment The Customer may. in its sole discretion,
make an equitable adjustment in the Contract terms or pricing if
pricing or availability of supply is affected by extreme and
unforeseen volatility in the marketplace, that is, by circumstances
that satisfy all the following criteria: (1) the volatility is due to
causes wholly beyond the Contractor's control, (2) the volatility
affects the marketplace or industry, not just the particular
Contract source of supply, (3) the effect on pricing or availability
of supply is substantial, and (4) the volatility so affects the
Contractor that continued performance of the Contract would
result in a substantial loss,
5. Additional Quantities. For a period not exceeding ninety (90) days
from the date of solicitation award, the Customer reserves the right to
acquire additional quantities up to the amount shown on the
solicitation but not to exceed the threshold for Category Two at the
prices submitted in the response to the solicitation,
6. Packaging. Tangible product shall be securely and properly packed
for shipment, storage. and stocking in appropriate, clearly labeled,
shipping containers and according to accepted commercial practice.
without extra charge for packing materials, cases, or other types of
containers, All containers and packaging shall become and remain
Customer's property,
7. Manufacturer's Name and Approved Equivalents. Unless
otherwise specified. any manufacturers' names, trade names. brand
names, information or catalog numbers listed in a specification are
descriptive. not restrictive, With the Customer's prior approval. the
Contractor may provide any product that meets or exceeds the
applicable specifications, The Contractor shall demonstrate
comparability, including appropriate catalog materials. literature.
specifications. test data, etc, The Customer shall determine in its sole
discretion whether a product is acceptable as an equivalent.
8. Inspection at Contractor's Site. The Customer reserves the right to
inspect, at any reasonable time with prior notice, the equipment or
product or plant or other facilities of a Contractor to assess conformity
with Contract requirements and to determine whether they are
adequate and suitable for proper and effective Contract performance,
9. Safety Standards, All manufactured items and fabricated assemblies
subject to operation under pressure, operation by connection to an
electric source, or operation involving connection to a manufactured,
natural, or LP gas source shall be constructed and approved in a
manner acceptable to the appropriate State inspector, Acceptability
customarily requires, at a minimum, identification marking of the
appropriate safety standard organization, where such approvals of
listings have been established for the type of device offered and
furnished, for example: the American Society of Mechanical
Engineers for pressure vessels; the Underwriters Laboratories and/or
National Electrical Manufacturers' Association for electrically operated
assemblies; and the American Gas Association for gas-operated
assemblies. In addition. all items furnished shall meet all applicable
requirements of the Occupational Safety and Health Act and state and
federal requirements relating to clean air and water pollution,
10. Americans with Disabilities Act Contractors should identify any
products that may be used or adapted for use by visually, hearing, or
other physically impaired individuals.
11. Literature. Upon request. the Contractor shall furnish literature
reasonably related to the product offered, for example, user manuals,
price schedules, catalogs, descriptive brochures, etc,
12. Transportation and Delivery. Prices shall include all charges for
packing, handling, freight, distribution, and inside delivery,
Transportation of goods shall be FOB Destination to any point within
thirty (30) days after the Customer places an Order, A Contractor.
within five (5) days after receiving a purchase order, shall notify the
Customer of any potential delivery delays, Evidence of inability or
intentional delays shall be cause for Contract cancellation and
Contractor suspension,
13. Installation. Where installation is required, Contractor shall be
responsible for placing and installing the product in the required
locations at no additional charge. unless otherwise designated on the
purchase order. Contractor's authorized product and price list shall
clearly and separately identify any additional installation charges, All
materials used in the installation shall be of good quality and shall be
free of defects that would diminish the appearance of the product or
render it structurally or operationally unsound, Installation includes the
furnishing of any equipment, rigging, and materials required to install
or replace the product in the proper location, Contractor shall protect
the site from damage and shall repair damages or injury caused
during installation by Contractor or its employees or agents, If any
alteration, dismantling, excavation, etc,. is required to achieve
installation, the Contractor shall promptly restore the structure or site
to its original condition, Contractor shall perform installation work so
as to cause the least inconvenience and interference with Customers
and with proper consideration of others on site. Upon completion of
the installation, the location and surrounding area of work shall be left
clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order,
14. Risk of Loss. Matters of inspection and acceptance are addressed
in s, 215.422, F,S. Until acceptance, risk of loss or damage shall
remain with the Contractor, The Contractor shall be responsible for
filing, processing, and collecting all damage claims, To assist the
Contractor with damage claims, the Customer shall: record any
evidence of visible damage on all copies of the delivering carrier's Bill
of Lading; report damages to the carrier and the Contractor; and
provide the Contractor with a copy of the carrier's Bill of Lading and
damage inspection report, When a Customer rejects a product,
Contractor shall remove it from the premises within ten days after
notification or rejection, Upon rejection notification, the risk of loss of
rejected or non-conforming product shall remain with the Contractor.
Rejected product not removed by the Contractor within ten days shall
be deemed abandoned by the Contractor, and the Customer shall
have the right to dispose of it as its own property, Contractor shall
reimburse the Customer for costs and expenses incurred in storing or
effecting removal or disposition of rejected product.
*15. Transaction Fee. The State of Florida has instituted
MyFloridaMarketPlace, a statewide eProcurement System ("System").
Pursuant to section 287,057(23), Florida Statutes (2002). all payments
shall be assessed a Transaction Fee of one percent (1,0%), which the
Contractor shall pay to the State, unless exempt pursuant to 6OA-
1,032, FAC,
For payments within the State accounting system (FLAIR or its
successor). the Transaction Fee shall, when possible, be
automatically deducted from payments to the Contractor, If automatic
deduction is not possible, the Contractor shall pay the Transaction Fee
pursuantto Rule 60A-1,031 (2), FAC, By submission of these reports
and corresponding payments, Contractor certifies their correctness,
All such reports and payments shall be subject to audit by the State or
its designee,
Contractor shall receive a credit for any Transaction Fee paid by the
Contractor for the purchase of any item(s) if such item(s) are returned
to the Contractor through no fault, act. or omission of the Contractor,
Notwithstanding the foregoing, a Transaction Fee is non-refundable
when an item is rejected or returned. or declined, due to the
Contractor's failure to perform or comply with specifications or
requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for
declaring the Contractor in default and recovering reprocurement
costs from the Contractor in addition to all outstanding fees,
CONTRACTORS DEUNQUENT IN PAYING TRANSACTION FEES
SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS
WITH THE STATE.
16. Invoicing and Payment. Invoices shall contain the Contract number,
purchase order number, and the appropriate vendor identification
number, The State may require any other information from the
Contractor that the State deems necessary to verify any purchase
order placed under the Contract. At the State's option, Contractors
may be required to invoice electronically pursuant to guidelines of the
Department of Management Services. Current guidelines require that
Contractor supply electronic invoices in lieu of paper-based invoices
4
for those transactions processed through the system, Electronic
invoices shall be submitted to the Customer through the Ariba
Supplier Network (ASN) in one of the following mechanisms - EDI
810, cXML, or web-based invoice entry within the ASN,
Payment shall be made in accordance with sections 215.422 and
287,0585 of the Florida Statutes, which govem time limits for payment
of invoices, Invoices that must be retumed to a Contractor due to
preparation errors will resu" in a delay in payment. Contractors may
call (850)413-7269 Monday through Friday to inquire aboullhe status
of payments by State Agencies. The Customer is responsible for all
payments under the Contract, A Customer's failure to pay. or delay
in payment, shall not constitute a breach of the Contract and shall not
relieve the Contractor of its obligations to the Department or to other
Customers,
17. Taxes. The State does not pay Federal excise or sales taxes on direct
purchases of tangible personal property, The State will not pay for
any personal property taxes levied on the Contractor or for any taxes
levied on employees' wages, Any exceptions to this paragraph shall
be explicitly noted by the Customer on a purchase order or other
special contract condition.
18. Governmental Restrictions. If the Contractor believes that any
governmental restrictions have been imposed that require alteration
of the material. quality, workmanship or performance of the products
offered under the Contract. the Contractor shall immediately notify the
Customer in writing, indicating the specific restriction, The Customer
reserves the right and the complete discretion to accept any such
alteration or to cancel the Contract at no further expense to the
Customer,
19. Lobbying and Integrity. Customers shall ensure compliance with
Section 11,062, FS and Section 216.347, FS,The Contractor shall
not, in connection with this or any other agreement with the Slate,
directly or indirectly (1) offer, confer, or agree to confer any pecuniary
benefit on anyone as consideration for any Slate officer or employee's
decision, opinion, recommendation, vote, other exercise of discretion,
or violation of a known legal duty. or (2) offer, give. or agree to give to
anyone any gratuity for the benefit of. or at the direction or request of,
any State officer or employee. For purposes of clause (2). "gratuity"
means any payment of more than nominal monetary value in the form
of cash, travel, entertainment, gifts, meals, lodging, loans.
subscriptions, advances. deposits of money, services, employment.
or contracts of any kind, Upon request of the Customer's Inspector
General, or other authorized Slate official, the Contractor shall provide
any type of information the Inspector General deems relevant to the
Contractor's integrity or responsibility. Such information may include.
but shall not be limited to, the Contractor's business or financial
records, documents, or files of any type or form that refer to or relate
to the Contract. The Contractor shall retain such records for the
longer of (1) three years after the expiration of the Contract or (2) the
period required by the General Records Schedules maintained by the
Florida Department of State (available at:
http://dlis,dos.state.f1.uslbarm/genschedules/gensched,htm). The
Contractor agrees to reimburse the State for the reasonable costs of
investigation incurred by the Inspector General or other authorized
State official for investigations of the Contractor's compliance with the
terms of this or any other agreement between the Contractor and the
Slate which results in the suspension or debarment of the Contractor,
Such costs shall include, but shall not be limited to: salaries of
investigators, including overtime; travel and lodging expenses; and
expert witness and documentary fees. The Contractor shall not be
responsible for any costs of investigations that do not resu" in the
Contractor's suspension or debarment.
20. Indemnification. The Contractor shall be fully liable for the actions
of its agents, employees. partners, or subcontractors and shall fully
indemnify, defend, and hold hannless the Slate and Customers, and
their officers, agents, and employees, from suits, actions, damages,
and costs of every name and description, including attorneys' fees,
arising from or relating to personal injury and damage to real or
personal tangible property alleged to be caused in whole or in part by
Contractor, its agents, employees, partners, or subcontractors.
provided. however, that the Contractor shall not indemnify for that
portion of any loss or damages proximately caused by the negligent
act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold
harmless the State and Customers from any suits, actions, damages,
and costs of every name and description, including attomeys' fees,
arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret or intellectual property right, provided,
however. that the foregoing obligation shall not apply to a Customer's
misuse or modification of Contractor's products or a Customer's
operation or use of Contractor's products in a manner not
contemplated by the Contract or the purchase order, If any product is
the subject of an infringement suit, or in the Contractor's opinion is
likely to become the subject of such a suit, the Contractor may at its
sole expense procure for the Customer the right to continue using the
product or to modify it to become non-infringing, If the Contractor is
not reasonably able to modify or otherwise secure the Customer the
right to continue using the product, the Contractor shall remove the
product and refund the Customer the amounts paid in excess of a
reasonable rental for past use, The customer shall not be liable for
any royalties,
The Contractor's obligations under the preceding two paragraphs with
respect to any legal action are contingent upon the State or Customer
giving the Contractor (1) written notice of any action or threatened
action, (2) the opportunity to take over and settle or defend any such
action at Contractor's sole expense. and (3) assistance in defending
the action at Contractor's sole expense, The Contractor shall not be
liable for any cost, expense. or compromise incurred or made by the
State or Customer in any legal action without the Contractor's prior
written consent, which shall not be unreasonably withheld,
21. Limitation of Liability. For all claims against the Contractor under
any individual purchase order, and regardless of the basis on which
the claim is made, the Contractor's liability under a purchase order for
direct damages shall be limited to the greater of $100,000, the dollar
amount of the purchase order, or two times the charges rendered by
the Contractor under the purchase order, This limitation shall not
apply to claims arising under the Indemnity paragraph contain in this
agreement.
Unless otherwise specifically enumerated in the Contract or in the
purchase order, no party shall be liable to another for special, indirect,
punitive, or consequential damages, including lost data or records
(unless the purchase order requires the Contractor to back-up data or
records). even if the party has been advised that such damages are
possible, No party shall be liable for lost profits, lost revenue. or lost
institutional operating savings. The State and Customer may. in
addition to other remedies available to them at law or equity and upon
notice to the Contractor. retain such monies from amounts due
Contractor as may be necessary to satisfy any claim for damages,
pena"ies. costs and the like asserted by or against them, The State
may set off any liability or other obligation of the Contractor or its
affiliates to the State against any payments due the Contractor under
any contract with the Slate,
22. Suspension of Work. The Customer may in its sole discretion
suspend any or all activities under the Contract, at any time, when in
the best interests of the State to do so. The Customer shall provide
the Contractor written notice outlining the particulars of suspension.
Examples of the reason for suspension include. but are not limited to,
budgetary constraints, declaration of emergency, or other such
circumstances, After receiving a suspension notice, the Contractor
shall comply with the notice and shall not accept any purchase orders,
Within ninety days, or any longer period agreed to by the Contractor,
the Customer shall either (1) issue a notice authorizing resumption of
work, at which time activity shall resume, or (2) terminate the Contract,
Suspension of work shall not entitle the Contractor to any additional
compensation,
23. Termination for Convenience. The Customer. by written notice to
the Contractor. may terminate the Contract in whole or in part when
the Customer determines in its sole discretion that it is in the State's
interest to do so. The Contractor shall not furnish any product after it
receives the notice of termination, except as necessary to complete
the continued portion of the Contract, if any, The Contractor shall not
be entitled to recover any cancellation charges or lost profits,
24. Termination for Cause. The Customer may terminate the Contract
if the Contractor fails to (1) deliver the product within the time specified
in the Contract or any extension, (2) maintain adequate progress. thus
endangering performance of the Contract, (3) honor any term of the
Contract, or (4) abide by any statutory, regulatory, or licensing
requirement. Rule 6OA-1,006(3), FAC" governs the procedure and
consequences of default. The Contractor shall continue work on any
5
25.
work not terminated, Except for defaults of subcontractors at any tier,
the Contractor shall not be liable for any excess costs if the failure to
perform the Contract arises from events completely beyond the
control, and without the fault or negligence. of the Contractor. If the
failure to perform is caused by the default of a subcontractor at any
tier and if the cause of the default is completely beyond the control of
both the Contractor and the subcontractor, and without the fault or
negligence of either. the Contractor shall not be liable for any excess
costs for failure to perform, unless the subcontracted products were
obtainable from other sources in sufficient time for the Contractor to
meet the required delivery schedule, If, after termination. it is
determined that the Contractor was not in default, or that the default
was excusable, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the
Customer. The rights and remedies of the Customer in this clause are
in addition to any other rights and remedies provided by law or under
the Contract.
Force Majeure, Notice of Delay, and No Damages for Delay. The
Contractor shall not be responsible for delay resulting from its failure
to perform if neither the fault nor the negligence of the Contra~or or
its employees or agents contributed to the delay and the delay IS due
directly to acts of God. wars, acts of public enemies, strikes, fires,
floods or other similar cause wholly beyond the Contractor's control,
or for ~ny of the foregoing that affect subcontractors or suppliers if no
alternate source of supply is available to the Contractor, In case of
any delay the Contractor believes is excusable, the C~ntractor shall
notify the Customer in writing of the delay or potential delay and
describe the cause of the delay either (1) within ten (10) days after the
cause that creates or will create the delay first arose, ifthe Contractor
could reasonably foresee that a delay could occur as a result, or (2)
if delay is not reasonably foreseeable. within five (5) days after the
date the Contractor first had reason to believe that a delay could
result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO
DELAY. Providing notice in strict accordance with this paragraph is
a condition precedent to such remedy, No claim for damages, other
than for an extension of time, shall be asserted against the Customer,
The Contractor shall not be entitled to an increase in the Contract
price or payment of any kind from the Customer for direct" indir,:ct.
consequential. impact or other costs, expenses or damages. Including
but not limited to costs of acceleration or inefficiency, arising because
of delay, disruption. interference, or hindrance from any cause
whatsoever, If performance is suspended or delayed, in whole or in
part. due to any of the causes described in this paragraph, after the
causes have ceased to exist the Contractor shall perform at no
increased cost. unless the Customer determines, in its sole discretion,
that the delay will significantly impair the value of the Contract to the
State or to Customers, in which case the Customer may (1) accept
allocated performance or deliveries from the Contractor. provided that
the Contractor grants preferential treatment to Customers with respect
to products subjected to allocation, or (2) purchase from other sources
(without recourse to and by the Contractor for the related costs and
expenses) to replace all or part of the products that are the subject of
the delay, which purchases may be deducted from the Contract
quantity. or (3) terminate the Contract in whole or in part,
Scope Changes. The Customer may unilaterally require. by written
order. changes altering. adding to, or deducting from the Contract
specifications. provided that such changes are within the general
scope of the Contract, The Customer may make an equitable
adjustment in the Contract price or delive~ date if tt:te change affe~
the cost or time of performance, Such equitable adjustments require
the written consent of the Contractor, which shall not be unreasonably
withheld. If unusual quantity requirements arise, the Customer may
solicit separate bids to satisfy them,
Renewal. Upon mutual agreement, the Customer and the Contractor
may renew the Contract, in whole or in part. for a period that may not
exceed 3 years or the term of the contract, whichever period is longer.
Any renewal shall specify the renewal price, as set forth in the
solicitation response, The renewal must be in writing and signed by
both parties. and is contingent upon satisfactory performance
evaluations and subject to availability of funds.
Advertising. Subject to Chapter 119, Florida Statutes. the Contractor
shall not publicly disseminate any information concerning the Contract
without prior written approval from the Customer, including, but not
26.
27.
28.
29.
limited to mentioning the Contract in a press release or other
promotional material, identifying the Customer or the State as a
reference, or otherwise linking the Contractor's name and either a
description of the Contract or the name of the State or the Customer
in any material published. either in print or electronically, to any entity
that is not a party to Contract, except potential or actual authorized
distributors, dealers, resellers, or service representative,
Assignment. The Contractor shall not sell, assign or transfer any of
its rights. duties or obligations under the Contract. or under any
purchase order issued pursuant to the Contract, without the prior
written consent of the Customer; provided. the Contractor assigns to
the State any and all claims it has with respect to the Contract under
the antitrust laws of the United States and the State, In the event of
any assignment, the Contractor remains secondarily liable for
performance of the contract, unless the Customer expressly waives
such secondary liability, The Customer may assign the Contract with
prior written notice to Contractor of its intent to do so,
Dispute Resolution. Any dispute concerning performance of the
Contract shall be decided by the Customer's designated contract
manager, who shall reduce the decision to writing and serv,: a copy on
the Contractor, The decision shall be final and conclUSive unless
within ten (10) days from the date of receipt, the Contractor files with
the Customer a petition for administrative hearing, The Customer's
decision on the petition shall be final, subject to the Contractor's right
to review pursuant to Chapter 120 of the Florida Statutes, Exhaustion
of administrative remedies is an absolute condition precedent to the
Contractor's ability to pursue any other form of dispute resolution;
provided, however. thatthe parties may employ the alternative dispute
resolution procedures outlined in Chapter 120,
Without limiting the foregoing, the exclusive venue of any legal or
equitable action that arises out of or relates t~ the, Contract shal~ be
the appropriate state court in Leon County, Flonda; In any such action.
Florida law shall apply, The parties waive any right to jury trial.
Ernployees, Subcontractors, and Agents. All Contractor
employees. subcontractors. or agents performing work under the
Contract shall be property trained technicians who meet or exceed any
specified training qualifications, Upon request, Contract.or s~all
furnish a copy of technical certification or other proof of quahficatlon.
All employees, subcontractors, or agents performing work under the
Contract must comply with all security and administrative requirements
of the Customer, The State may conduct, and the Contractor shall
cooperate in, a security background check or otherwise assess any
employee, subcontractor, or agent furnished by the Contractor, The
State may refuse access to, or require replacement of. any personnel
for cause, including. but not limited to, technical or training
qualifications, quality of work. change in security status, or non-
compliance with a Customer's security or other requirements, Such
approval shall not relieve the Contractor of its obligation tt;> perform all
work in compliance with the Contract. The State may reject and bar
from any facility for cause any of the Contractor's employees.
subcontractors, or agents,
Security and Confidentiality. The Contractor shall comply fully with
all security procedures of the State and Customer in performance of
the Contract. The Contractor shall not divulge to third parties any
confidential information obtained by the Contractor or its agents,
distributors. resellers, subcontractors. officers or employees in the
course of performing Contract work. including. but not limited to,
security procedures, business operations information. or commercial
proprietary information in the possession of the State, or. Custo~er,
The Contractor shall not be required to keep confidential information
or material that is publicly available through no fault of the Contractor,
material that the Contractor developed independently without relying
on the State's or Customer's confidential information. or material that
is otherwise obtainable under State law as a public record, To insure
confidentiality, the Contractor shall take appropriate steps as to its
personnel, agents, and subcontractors, The warranties of this
paragraph shall survive the Contract,
Contractor Employees, Subcontractors, and Other Agents. The
Customer and the State shall take all actions necessary to ensure that
Contractor's employees, subcontractors and other agents are not
employees of the State of Florida, Such actions include. but are not
limited to, ensuring that Contractor's employees, subcontractors, and
other agents receive benefits and necessary insurance (health,
workers' compensations. and unemployment) from an employer other
30.
31.
32.
33.
6
BID NUMBER: RFP/DF-04/05-99
than the State of Florida,
34. Insurance Requirements, During the Contract term, the Contractor
at its sole expense shall provide commercial insurance of such a type
and with such terms and limits as may be reasonably associated with
the Contract, Providing and maintaining adequate insurance
coverage is a material obligation of the Contractor, Upon request. the
Contractor shall provide certificate of insurance. The limits of coverage
under each policy maintained by the Contractor shall not be
interpreted as limiting the Contractor's liability and obligations under
the Contract, All insurance policies shall be through insurers
authorized or eligible to write pOlicies in Florida,
35. Warranty of Authority. Each person signing the Contract warrants
that he or she is duly authorized to do so and to bind the respective
party to the Contract,
36. Warranty of Ability to Perform. The Contractor warrants that, to the
best of its knowledge, there is no pending or threatened action.
proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor's
ability to satisfy its Contract obligations, The Contractor warrants that
neither it nor any affiliate is currently on the convicted vendor list
maintained pursuant to section 287,133 of the Florida Statutes, or on
any similar list maintained by any other state or the federal
govemment. The Contractor shall immediately notify the Customer in
writing if its ability to perform is compromised in any manner during the
term of the Contract.
37. Notices. All notices required under the Contract shall be delivered by
certified mail, retum receipt requested, by reputable air courier
service, or by personal delivery to the agency designee identified in
the original solicitation, or as otherwise identified by the Customer,
Notices to the Contractor shall be delivered to the person who signs
the Contract. Either designated recipient may notify the other, in
writing, if someone else is designated to receive notice,
38. Leases and Installment Purchases. Prior approval of the Chief
Financial Officer (as defined in Section 17,001, F,S.) is required for
State agencies to enter into or to extend any lease or installment-
purchase agreement in excess of the Category Two amount
established by section 287,017 of the Florida Statutes.
39. Prison Rehabilitative Industries and Diversified Enterprises, Inc.
(PRIDE). Section 946,515(2), F ,S. requires the following statement to
be included in the solicitation: 'It is expressly understood and agreed
that any articles which are the subject of, or required to carry out, the
Contract shall be purchased from the corporation identified under
Chapter 946 of the Florida Statutes (PRIDE) in the same manner and
under the same procedures set forth in section 946.515(2) and (4) of
the Florida Statutes; and for purposes of the Contract the person, firm,
or other business entity carrying out the provisions of the Contract
shall be deemed to be substituted for the agency insofar as dealings
with such corporation are concemed." Additional information about
PRIDE and the products it offers is available at http://www.pridefl.com.
40. Products Available from the Blind or Other Handicapped. Section
413,036(3), F ,S, requires the following statement to be included in the
solicitation: "It is expressly understood and agreed that any articles
that are the subject of. or required to carry out, this contract shall be
purchased from a nonprofit agency for the Blind or for the Severely
OPENING DATE: JUNE 30, 2005 @2:00 P.M.
Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in
the same manner and under the same procedures set forth in section
413,036(1) and (2), Florida Statutes; and for purposes of this contract the
person. firm, or other business entity carrying out the provisions of this
contract shall be deemed to be substituted for the State agency insofar as
dealings with such qualified nonprofit agency are concemed." Additional
information about the designated nonprofrt agency and the products it offers
is available at http://www,respectofflorida,org.
41. Modification of Terms. The Contract contains all the terms and
conditions agreed upon by the parties. which terms and conditions
shall govem all transactions between the Customer and the
Contractor. The Contract may only be modified or amended upon
mutual written agreement of the Customer and the Contractor, No
oral agreements or representations shall be valid or binding upon the
Customer or the Contractor. No alteration or modification of the
Contract terms. including substitution of product, shall be valid or
binding against the Customer. The Contractor may not unilaterally
modify the terms of the Contract by affixing additional terms to product
upon delivery (e,g,. attachment or inclusion of standard preprinted
forms, product literature, "shrink wrap" terms accompanying or affixed
to a product, whether written or electronic) or by incorporating such
terms onto the Contractor's order or fiscal forms or other documents
forwarded by the Contractor for payment. The Customer's acceptance
of product or processing of documentation on forms fumished by the
Contractor for approval or payment shall not constitute acceptance of
the proposed modification to terms and conditions,
42. Cooperative Purchasing. Pursuant to their own goveming laws, and
subject to the agreement of the Contractor, other entities may be
permitted to make purchases at the terms and conditions contained
herein, Non-Customer purchases are independent of the agreement
between Customer and Contractor, and Customer shall not be a party
to any transaction between the Contractor and any other purchaser,
State agencies wishing to make purchases from this agreement are
required to follow the provisions ofs, 287,042(16)(a). F,S, This statute
requires the Department of Management Services to determine that
the requestor's use of the contract is cost-effective and in the best
interest of the State,
43. Waiver. The delay or failure by the Customer to exercise or enforce
any of its rights under this Contract shall not constitute or be deemed
a waiver of the Customer's right thereafter to enforce those rights. nor
shall any single or partial exercise of any such right preclUde any other
or further exercise thereof or the exercise of any other right.
44. Annual Appropriations. The State's performance and obligation to
pay under this contract are contingent upon an annual appropriation
by the Legislature.
45. Execution in Counterparts. The Contract may be executed in
counterparts. each of which shall be an original and all of which shall
constitute but one and the same instrument.
46. Severability. If a court deems any provision of the Contract void or
unenforceable, that provision shall be enforced only to the extent that
it is not in violation of law or is not otherwise unenforceable and all
other provisions shall remain in full force and effect.
47. Special Conditions. Pursuant to 60A-1,002(7), FAC" a Customer
may attach additional contractual and technical terms and conditions,
These "special conditions" shall take precedence over this form PUR
1000 unless the conflicting term in this form is statutorily required, in
which case the term contained in the form shall take precedence.
-THIS CONDITION DOES NOT APPL Y TO THIS AGENCY.
(PUR 1000 - 6OA-1.002(7), F.A.C.)
7
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
CHECKLIST
1. The entire Request for Proposal (RFP) has been read.
2. The RFP Form 1001/1000 Instructions to Respondent's and General Contract
Conditions (Pages 1-8) is completed and signed.
3. A complete address for the Proposer in the space provided (include street address or
post office box, city, zip code and telephone number.) Please note: All future
correspondence will be sent to the contact person listed on your proposal.
4. In all instances where a local government's jurisdiction is impacted by the grant project,
a resolution (by the local government) indicating support for the project must be
submitted with the Grant Proposal Packet (Attachment G).
5. For Site Specific Projects, a resolution from the responsible governing body must be
submitted with the Grant Proposal Packet, indicating that they will execute a
Maintenance Memorandum of Agreement with the Department of Agriculture.
6. Documentation of costs incurred and photographs before the completion of Site
Specific Projects, as well as after completion for projects implemented since October
13, 2004. This documentation needs to be submitted as evidence that storm damage
has occurred for site specific projects, where applicable. Documentation should also
indicate what costs have already been reimbursed, and by what agency.
7. For site specific projects along roadways, please provide on page 2 of the Proposal
form (Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated
by a slash (I), if both exist. If only one exists, please circle either "U.S." or "S.R." to
indicate which numbers you are giving.
8. In conformance with Section 481.329(7), Florida Statutes, "Persons who perform
landscape architectural services not for compensation, or in their capacity as
employees of municipal or county governments, shall not be required to be licensed...."
This means that if the required design is completed by an unpaid volunteer or an
employee of municipal or county government, a Florida registered architect does not
have to sign and seal the drawings.
9. Conflict of Interest Statement (Attachment B) is completed and signed.
10. Urban and Community Forestry Proposal form (Attachment D) is completed and signed
in blue ink. Detailed itemized budget summary (Attachment E) is completed.
11. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility
Matters; and Drug Free Workplace Requirements (Attachment C) is completed and
signed.
12. One (1) copy with original signature and five (5) copies of the proposal package have
been submitted.
8
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @2:00 P.M.
REQUEST FOR PROPOSAL
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
INSTRUCTIONS TO PROPOSERS
Each Proposer must complete/provide the following to be considered:
HOW TO SUBMIT A PROPOSAL
Proposals must be submitted in a sealed envelope to the address listed on the Form 100111000 Instructions to
Respondent's and General Contract Conditions by the time and date listed on the form. In addition to the
address, the face of the envelope shall be marked with the date and time of the proposal opening and the
proposal number.
1. Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one
original and-five copies) of the proposal including all attachments.
a. These should be printed/copied on one side only and must not exceed forty (40) pages, including
attachments.
b. All attachments must be folded to a size not to exceed 8 1/2" X 11".
c. All proposals must be complete and bound by binder clip or staple NO rubber bands, binders of any
kind, folders or envelopes.
d. All signatures on the "original" must be in blue ink.
e. Multiple proposals must be submitted in separate envelopes and clearly identified as proposal #2,
proposal #3, etc. Failure to comply with this requirement may result in non award of any proposal.
2. Form 1001/1000 General Instructions to Respondent's and General Contract Conditions Complete, date
and obtain a signature from the individual who is legally authorized to approve submittal of the proposal.
Failure to return a signed form will cause the proposal to be ruled ineligible.
3. Conflict of Interest Statement (Attachment B) must be completed and signed.
4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug
free Workplace Requirements (Attachment C) must be completed and signed.
5. Grant Proposal Form (Attachment D) Proposers must use this form. It must not be altered in format or
content. This form must be completed in its entirety; the first two pages and the project description (two
page maximum, minimum 12 font), and a detailed budget.
The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals
will cause the proposal to be ruled ineligible.
6. Budget (Attachment E) Must be completed in detail.
9
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
TABLE OF CONTENTS
Request for Proposal Form 1001/1000 Instructions to Respondent's and General Contract Conditions
Special Terms, Conditions, Specifications
Attachment A Notification of Vendor Ombudsman's Name and Telephone Number
Attachment B Conflict of Interest Statement
Attachment C Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility
Matters; and Drug Free Workplace Requirements
Attachment D Emergency Hurricane Supplemental U&CF Grant Proposal Form (includes Narrative
Format/Evaluation Form)
Attachment E Budget
Attachment F Example Emergency Hurricane Supplemental U&CF Grant Proposal
Attachment G Example Emergency Hurricane Supplemental U&CF Grant Resolution
Attachment H Draft Emergency Hurricane Supplemental U&CF Grant Memorandum of Agreement (MOA)
Attachment I Draft Emergency Hurricane Supplemental U&CF Grant Maintenance Memorandum of
Agreement (MMOA)
Attachment J Division of Forestry Local Contacts
10
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
REQUEST FOR PROPOSAL
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF FORESTRY
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS
INTRODUCTION
During the months of August and September, 2004, Hurricanes Charley (August 13), Frances (September 3),
Ivan (September 16), and Jeanne (September 26) caused widespread damage to the urban forest component
of community infrastructures throughout the State of Florida. It is estimated that over 180 Florida communities
were impacted by hurricane force winds, in some cases on three separate occasions.
The loss of tree cover in these communities has created negative economic, ecological, and aesthetic
consequences. These include decreased property value, loss of tourism, extensive cleanup and recovery
costs, costs associated with increased storm water runoff, loss of energy conservation benefits, and degraded
air and water quality. Damaged trees also pose safety hazards to citizens and structures. Improvements to
surviving urban trees need to be made to improve their health and reduce damage from future storms. Local
community leaders and the general public also need to learn more about how their urban trees benefit their
community, from an economic, social, and environment standpoint. They also need to learn how to properly
select, plant and care for trees to minimize resulting future storm damage.
To address the situation, the USDA Forest Service requested emergency funding from Congress to help
impacted communities replant and revitalize their urban forests. In response, Congress authorized funds for
this grant program under the "Emergency Supplemental Appropriations for Hurricane Disaster Assistance"
(HR4837, PL 108324). This legislation provides disaster assistance to "...mitigate the effect of recent
hurricanes and other weather related events."
PURPOSE
The purpose of the 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program
is to provide financial assistance for tree planting, arboricultural practices and educational programs in urban
areas throughout the State of Florida. Local governments, Native American Tribal Governments, volunteer
groups, nonprofit organizations and educational institutions throughout the State of Florida are eligible to
receive 75% cost share funds to implement the above mentioned activities. Practices may be implemented on
county or municipally owned lands, including parks or natural areas, as well as highway and street rights of
way not maintained by the Federal government. Private homeowners may also receive replacement trees
through sponsoring government or non-profit entities.
Approximately $13,500,000 in grant funds will be available for Florida communities. All Florida communities
are eligible to receive funding, with the most heavily impacted communities receiving the highest priority.
Approximately $500,000 will be allocated to educational programs. Approximately 60% of the remaining funds
($7.8 million) will be allocated to tree planting practices, and approximately 40% of the remaining funds (5.2
million) allocated for arboricultural, inventory, and assessment projects.
More specifically, the FDACS, Division of Forestry is requesting proposals for grants to:
· Conduct inventories of trees in public areas, and assess the condition of individual trees.
11
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
· Replant trees destroyed by the hurricanes of 2004, and plant appropriate new trees in areas
where they would serve as wind buffers in the event of future storms.
· Provide appropriate replacement trees to homeowners who lost trees as a result of the hurricanes.
· Replace exotic, over mature, and weak rooted trees with more wind resistant species.
· Control exotic vegetation in public areas that has been spread as a result of the hurricanes of 2004.
· Conduct corrective pruning, staking, fertilizing, and other cultural practices to remove safety hazards and
improve the wind resistance and overall health of surviving trees.
· Implement educational programs to improve the understanding of citizens and local officials of the
benefits of maintaining a healthy canopy of trees in urban areas. These programs will also help citizens
and officials to take measures in advance to minimize storm damage from trees and react decisively
when storms occur.
SCOPE
The Forestry Title of the 1995 Farm Bill, passed by the 107th Congress, authorizes the US Forest Service to
provide funding to states for grants to communities in support of their urban forestry programs. Florida
Statutes (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter
referred to as FDACS or Department) to cooperate with local governments to promote the planting and
protection of trees to improve the beauty and livability of urban environments within the State of Florida.
DEFINITIONS
For the purpose of this Request for Proposal (RFP):
1. "Applicant" means a local government, a Native American Tribal Government, a legally organized
nonprofit organization or an educational institution submitting a proposal for federal funds under this grant
program.
2. "Appropriate Species or Tree Planting" refers to selecting tree species that are suited to the size, soil
characteristics, climate, surrounding natural or man made obstacles, and any limitations of the planting
site. Also, selecting species that have not been shown to be especially susceptible to either windthrow or
breakage during storms.
3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her
designee responsible for all forestry activities within a multi county administrative unit, pursuant to Florida
Statute 589.30.
4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit
organization or educational institution.
5. "Commissioner" means the Commissioner of Agriculture for the State of Florida.
6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an
agency of the State of Florida.
7. "Hazard Mitigation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and
growing site improvement to minimize a tree's risk to life and property.
12
BID NUMBER: RFP/DF-04/05-99
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8, "Local Government" means a county, municipality, city, town, village, local public authority, school board
district, independent special district of any type, regional government entity, or any agency of a local
government.
9. "Nonprofit Organization" refers to an organization which has filed an application with the Secretary of
State of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been
issued a Federal Employer Identification Number by the Internal Revenue Service. This may include
homeowners associations, where the nature of their application is consistent with the eligibility limitations
of this grant program.
10. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required attachments
and supporting documentation not to exceed a total of 40 one sided pages, including maps and plans.
11. "Remediation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing
site improvement is to improve the long term health of trees.
12. "RFP" means Request for Proposal.
13. "Site Preparation" refers to mechanical and/or chemical treatments used to remove woody debris from a
proposed planting site and make the site suitable for tree planting and growth.
14. "State Forester" means the Director of The Division of Forestry,
15. "Statewide Project" means a project that impacts the whole state or one that implements specific activities
in more than one municipality of the state as determined by the Department.
16. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to
coordinate implementation of the grant program.
17. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to evaluate and rank the
qualifying proposals.
ELIGIBILITY REQUIREMENTS
1. Qualified applicants include legal nonprofit organizations, educational institutions, local government
entities of all types and Native American Tribal Governments. Counties may apply on behalf of one or
more unincorporated population centers within their jurisdiction.
2. All communities in Florida are eligible to apply for grants.
3. Projects that have been initiated since the Presidential declaration on October 13, 2004, are eligible for
funding under this grant, provided that adequate financial documentation and verifiable evidence of
successful completion exist.
4. Project expenditures for which the applicant has already received reimbursement from any other source
are not eligible for funding under this grant.
5. FEMA or other Federal funds can not be used to match funding received under this grant.
6. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as
well as highway rights of way not maintained by the Federal government. Private homeowners may also
receive replacement trees through sponsoring government or non-profit entities that can be planted in
either residential yards or "common areas."
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BID NUMBER: RFP/DF-04/05-99
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. $75,000:
7, Total grant requests for each proposal are subject to the following maximum limits:
. $100,000:
. $125,000:
. $150,000:
. $175,000:
Communities of any size which received sustained tropical storm force winds from
one or more storms. Also, educational projects submitted by any Florida entities.
Communities with populations of less than 10,000, which received at least sustained
Category 1 hurricane force winds from one storm.
Communities with populations of less than 10,000, which received at least sustained
Category 1 hurricane force winds from at least two storms, or one hurricane and at
least one tropical storm. Also, communities with populations of between 10,000 and
35,000, which received sustained Category 1 hurricane force winds from one storm.
Communities with populations of between 10,000 and 35,000, which received at
least sustained Category 1 hurricane force winds from at least two storms, or at least
one hurricane and at least one tropical storm. Also, communities with populations
greater than 35,000, which received at least sustained Category 1 hurricane force
winds from one storm.
Communities with populations greater than 35,000, which received at least sustained
Category 1 hurricane force winds from at least two storms, or one hurricane and at
least one tropical storm. Also, communities with populations of between 10,000 and
35,000 which experienced maximum sustained winds meeting Category 3 criteria.
The minimum grant award for educational projects is $2,000; $10,000 for other projects from government
entities; and $5,000 from non-profit or educational groups.
8. Applicants may submit and receive funding for more than one application if sufficient funds are available.
9. Applicants may allocate up to 15% of the total grant to hire either temporary staff or a qualified private
vendor to oversee the implementation of this grant.
10. Applicants may allocate up to 10% to train either staff or volunteers to either carry out or oversee the
implementation of this grant.
ELIGIBLE PRACTICES
The following practices are eligible to receive funding under this grant program. Practices 1-6 may only be
carried out on county or municipally owned lands, including parks or natural areas, as well as highway rights-
of-way maintained by non federal entities.
1. Tree Inventory - Implementation of a tree inventory of a specified area to determine the degree of canopy
loss from storms, identify areas needing reforestation or new tree plantings, and provide background
information to develop a comprehensive urban forest recovery and management plan. Eligible expenses
include the purchase of hardware, software and field data recorders, fees paid to vendors or temporary
staff to conduct the inventory, and any other costs associated with data collection or processing.
2. Tree Assessment - Examination of individual trees to determine whether or not they need arboricultural
treatments or total removal, as well as the urgency of completing these treatments for each tree. Eligible
areas and costs are the same as above.
Grant applications for the above two practices need to include the following information:
a. A map of the area where the inventory or assessment will take place, including street locations.
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b. A narrative that describes the need (related to the 2004 hurricanes) to conduct the inventory or
assessment in the selected area, the percentage of trees within that area that will be included, the data
that will be collected, how that data will be processed, and the desired results. The narrative should also
state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and
how the recipient will supervise the project while in progress.
3. Reforestation - This may include tree planting projects to achieve one of the following objectives:
a. Replacement of trees that were severely damaged or destroyed during the storms.
b. Replacement of either over mature trees, or exotic or wind susceptible species with more
appropriate species for the climate and the site.
c. New appropriate tree plantings in areas where the trees will serve as windbreaks and buffer the
impacts of future hurricanes.
4. Tree Planting Requirements:
a. Each project must include at least three tree species native to the area and suitable for the site and
objective.
b. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or
equivalent (Florida Division of Plant Industry, Grades and Standards), unless otherwise authorized
by the Division of Forestry,
c. No multi stem trees may be planted under this program, with the exception of the following species:
River Birch, Green Buttonwood, Silver Buttonwood, Yaupon Holly, Crape Myrtle, and Chickasaw or
Flatwoods Plum.
d. Trees listed on the Florida Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive
Species, on the internet at (www.f1eppc.org ), may not be planted as any part of this grant program.
e. Applicants should consult with various sources to avoid selecting tree species that have proven to
be especially susceptible to wind damage, either from wind throw at the ground level or from stem
breakage. Research is currently in progress to develop a standard species list for hurricane prone
areas.
f. Minimum tree size is 1 and 1/2 inch caliper, in a 15 gallon container. Maximum tree size is a 4 inch
caliper. Palms may not be taller than 16 feet, clear trunk.
g. Maximum allowable cost per tree or palm is $350.00 for purchase and planting. This applies to both
the cost-shared and the matched portion of the project.
h. The grant application may include up to $500.00 per planting site for site preparation costs directly
related to the tree planting. This may include removal of damaged, exotic, or otherwise hazardous
trees that have occupied the site. Site preparation costs which have already been reimbursed from
another source are not eligible; however, these costs may be applied to the grant match if the
reimbursement originated from a non federal source.
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i. Purchase and planting of shrubs and ground covers in conjunction with the tree planting may only
serve as a matching cost, and as such cannot be reimbursed.
j. Up to ten percent (10%) of the grant award may be used for each of the following purposes:
1, The purchase and/or installation of irrigation equipment or an irrigation system. The remaining
cost may be applied toward the match requirement.
2. Rental of equipment for site preparation or tree planting.
3. Labor costs,
k. A maximum of $12.00 per tree may be spent on planting materials, and/or supplemental watering
during the 60 day grow in period only.
I. Proposals must include the following information:
1. A location map.
2. A minimum of three color photographs of the planting site.
3. A detailed planting plan (site plan) which shows the location of the trees/palms, existing
structures, and site limitations such as underground utilities and overhead wires.
4. Written approval from the Florida Department of Transportation for planting and maintenance
on the State right of way.
5. A three (3) year maintenance plan to be carried out by the grant recipient at their expense.
Maintenance costs incurred after certification by the Division of Forestry are ineligible for
reimbursement. A Grant Maintenance Memorandum of Agreement, separate from the MOA for
the project, must be signed by the grant recipient if awarded a grant.
6. A resolution by the managing agency of the property (if different from the applicant) which
states that they concur with the grant proposal and maintenance plan.
m. A 60 day "grow in period" is required prior to Certification of Acceptance by the Department and the
processing of a final reimbursement. The proposal should state how the trees will be watered and
cared for during the grow in period.
n. Tree Plantings must follow established procedures for handling, placement, and maintenance.
Refer to Exhibit C at the end of this grant packet, or http://hort.ifas.ufJ.edu/woody for additional
guidance.
5. Exotic Vegetation Control in Community Parks and Natural Areas
This would apply to plant species listed on the Exotic Pest Plant Council's MOST RECENT list of Florida's
Most Invasive Species (Category I and II), on the internet at (www.fJeppc.org ). Infestations of these
species that have resulted from the 2004 hurricanes, or have been exacerbated by the hurricanes, are
eligible for treatment under this program. Funding is available to cost share up to two treatments of an
infested area. Grant applications for this practice need to include the following information:
a. A narrative that describes the species, location, origin and extent (acres, density, etc) of the
problem, and the proposed treatment regimen, including timing. The latter should be consistent with
standard recommendations for treating the species, as listed in publications produced by the
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University of Florida (IFAS), Florida Department of Environmental Protection, or USDA Forest
Service. Before approval, the treatment will be subject to review. The narrative should also state
whether a vendor will perform the treatments, or if in house labor and equipment will be used, and
how the recipient will supervise the project while in progress.
b. A map of the infested area, with sufficient detail to locate the treatment site. GPS coordinates, if
available, should be included.
c. At least three photographs of the infested area which indicates the extent of the infestation.
6. Arboricultural Practices for Mitigation and Remediation of Surviving Trees
The purpose of this practice is to repair damage to trees caused by the 2004 hurricanes, eliminate
immediate safety hazards from trees resulting from hurricane damage, correct improper pruning that was
performed immediately after a storm, improve the tree's wind resistance and overall health. Eligible
activities would include remedial pruning, righting and re staking, fertilization treatments, cabling and
bracing, or other related treatments. Grant applications for this practice need to include the following
information:
a. A map of the area, showing the location of the trees to be treated. A street address, as well as GPS
coordinates if available, should be included.
b. A narrative that describes the extent of the problem, and the proposed treatment regimen, including
timing. The latter should be consistent with standard practices as described in the American
National Standards Institute (ANSI) ANSI A 300 Tree Care Standards manuals. Another source of
technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state
whether a vendor will perform the treatments, or if in house labor and equipment will be used, and
how the recipient will supervise the project while in progress. It is preferable that an ISA certified
arborist or a graduate forester from an accredited four year forestry program be involved in planning
and implementing the practice.
7. Providing Trees to Homeowners
Government entities or non-profit groups may receive grants to provide trees to private homeowners who
lost trees during at least one of the hurricanes of 2004. Trees can be planted in residential yards,
neighborhood common areas (including those not publicly owned), or road rights of way (including those
not publicly maintained). This could be accomplished by either a tree "giveaway" program, or a voucher
program set up with local vendors. The project description submitted with the application needs to
include the following details:
a. A list of tree species that will be provided. At least three species, more if possible, need to be
included. All species need to be suitable for the local climate and site conditions. None can be
listed as invasive exotics, as described under the Reforestation section. Species suited for different
sized planting areas (small, medium, large) also need to be represented.
b. The size of the trees to be provided. Individual trees need to be either potted or "ball and burlap,"
and between three and fifteen gallons in size, unless the sponsoring agency can make equipment
available to move and plant larger trees.
c. The delivery and distribution system that the applicant will use. This includes the personnel and
equipment involved, and who will furnish them. Trees need to be transported from the vendor to the
eventual recipient in a timely manner, and properly cared for during the handling period.
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d. The publicity strategy that will be used to make potential recipients aware of the program. This could
include printed literature, PSA's, media contacts, advertisements, etc.
e. Literature that will be provided to homeowners to explain site location, preparation, species
selection, handling, planting techniques, and post planting care, in order to ensure good survival
and growth. Funding through this grant program can be used to either purchase, develop or
reproduce this literature.
Applicants can achieve the grant match for this activity through in house labor, materials and equipment,
volunteer hours, donated materials or cash from a sponsor, or from discounts on the purchase of trees
that can be negotiated through the vendor.
8. Information and Education
This category is provided to make individual residents, community officials, and private vendors more
aware of urban forestry management practices that will reduce damage to trees from hurricanes and
tropical storms. Also, materials can address what steps to take immediately before and after a storm, how
to proceed with storm cleanup, and available sources of assistance. Emphasis needs to be placed on the
value of the urban forest to their local communities, and that the benefits of trees outweigh the potential of
tree damage resulting from storms.
Local governments, nonprofit organizations, and educational institutions are eligible to purchase or
produce information and education materials (leaflets, newsletters, handbooks, videos, etc) for
distribution to the general public, or to cost share seminars and workshops related to Urban and
Community Forestry topics. The emphasis here is on providing information to the general public,
volunteer groups, technicians, tree workers, etc. (i.e., Urban and Community Forestry technology
transfer).
A resolution or letter signed by the chief executive officer of the applicant is required which states that
they concur with the proposal packet and will sign a Grant Memorandum of Agreement if awarded a
Grant (this resolution or letter must be submitted as part of the proposal packet). Personnel costs are not
eligible for grant funding in this category, but can be used as part of the match.
Eligible Activities:
a. Educational programs for the exhibition, purchase or development of materials for the benefit of
public education as described above.
b. WorkshopsfTraining Sessions/Conferences/Seminars for the support and organization of public
programs which achieve the goals of this grant. Costs may cover mailing, speaker's travel
expenses, audio/visual equipment rental and related expenses.
c. Youth programs for the development and production of programs which will involve/benefit young
people, K through college level.
d. Public service materials (PSA development) for the development of or purchase of public service
programs, videos, or slide shows which educate the public. These may include expenditures for
film, paper, production costs, equipment rental or other accessories (excluding the purchase of
camera or other video equipment).
e. Brochures for the purchase of existing technical brochures or the design, development, production
or mailing of an educational or informational brochure consistent with the goals of this grant
program. Applicants are encouraged to utilize existing brochures on the selected topics, if they
exist, and apply for funding for the purchase and distribution of brochures.
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f. Exhibits for the purchase of or design, development and construction of an
educational/informational exhibit which promotes the goals of this grant program.
All products (brochures, signs, videos, reports, etc.) funded by the U&CF grant must display the following
statement:
"Funding for this project provided by the USDA Forest Service through the Florida Division of
Forestry's Urban and Community Forestry Grant Program."
SELECTION CRITERIA
The U&CF Grant Coordinator shall review and determine the completeness of each proposal. The following
criteria must be met before the grant proposal may be determined to be complete:
1. The proposal must contain all the requested information and be legible and understandable.
2. A resolution or letter approving the proposal and authorizing the Chief Executive Officer of the applicant
to execute agreements and documents associated with the grant request must be submitted as part of
the proposal.
3. A budget detailing all costs of the project must be submitted with the proposal.
4. For site specific projects which have already been completed, documentation of costs incurred and
photographs before (if possible) and after the completion of the project must be included.
5. This documentation also needs to be submitted as evidence that storm damage has occurred for site
specific projects that have not yet been implemented, to the extent that it is available. Documentation
should also indicate what costs have already been reimbursed, and from what source.
6. Signing and sealing of tree planting plans (site plans) submitted for consideration under this grant
program shall be in accordance with Section 481.329(7), Florida Statutes (Landscape Architecture).
7. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned
proposals will be ruled ineligible.
PROPOSAL EVALUATION CRITERIA
Once the submitted proposals have been reviewed and determined to be complete, they will be ranked
according to the following criteria:
1. The severity of the storm(s) that impacted the counties in which these communities are located, and the
number of hurricanes and/or tropical storms that impacted the county in which the community is located.
They will be graded according to the categories in the Saffir Simpson Hurricane Scale, based on data
supplied by the National Hurricane Center. Applications will receive the following number of points for
each of the four storm impacts (counties that did not receive hurricane force winds will receive no more
than 40 points):
· Category 3 and above Hurricane:
· Category 2 Hurricane:
. Category 1 Hurricane:
· Tropical Storm:
100 points
75 points
50 points
20 points
This information will be posted on the Division of Forestry website: www.f1dof.com.
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2. Within each county, applications will be ranked according to the quality of the proposals submitted,
according to the following criteria:
a, Demonstrated Need - Highest score will be given to proposals that describe and document the
extent of impact to the community's urban tree resources, and the need for cost share dollars.
Proposal includes maps, photos, and cost documentation of impacted areas to be treated. 20
points
b. Well Defined Goals and Objectives - Highest score will be given to proposals that clearly state goals
and explain how the applicant will ensure that the practice will be maintained to provide long term
benefits to the community. 15 points
c. Technical Correctness - Highest score will be given to proposals where the documentation indicates
that a competent professional (either an ISA certified arborist or graduate forester from an
accredited four year Bachelor of Science in Forestry program) will oversee the implementation of the
practice, and that the practice will be carried out in a technically correct manner according to the
practice specifications. 20 points
d. Cost Effectiveness - Highest score will be given to proposals that clearly demonstrate greatest
results with the efficient use of grant dollars, clearly describe how funds will be expended, adhere to
the cost parameters listed in this RFP, and contain documentation to support costs. Also, higher
scores will be given to applications where a partnering entity has provided either funding, materials,
or logistical support. 15 points
e. Completeness of Proposal - Highest score will be given to proposals containing all of the required
attachments and providing a detailed explanation of the proposal. 10 points
f. Tree City USA Certification - Indicates a community's commitment to sustaining their urban forestry
program. Current member as of 2003. 10 points
g. Tree City USA Growth Award Recipient - Community demonstrates a sustained commitment to its
urban forestry program. Current member as of 2003. 10 points
In order to be considered acceptable, an application must achieve a quality score of at least 50 points out
of a possible 100 points, according to the above criteria. A committee of public and private sector urban
forestry professionals will evaluate these components of each proposal.
3. If all other factors are equal, the following criteria will be applied:
· Applications from smaller communities will receive priority over those from larger communities.
· Applications for practices which will be implemented in areas where the general public has access to
the treatment site, such as public rights of way, streets, and parks will receive priority over those to
be implemented in areas where access will be restricted.
· Approvals will be distributed equitably over the counties in the state which received sustained
hurricane force winds, in proportion to the number of applications received. Those receiving lesser
wind impacts will receive a lower priority for funding.
REJECTION OF PROPOSALS
The Department reserves the right to recommend partial funding of proposals, the right to reject any or all
proposals or waive minor irregularities when to do so would be in the best interest of the State of Florida, and
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to reject the proposal of a Proposer whom the Department determines is not in a position to perform the
Contract. Minor irregularities are those which will not have a significant or adverse effect on overall
competition, cost or performance.
POSTING AND RECOMMENDED AWARDS
Tabulations with recommended award(s) will be posted on or about the date indicated on herein for review by
interested parties on the Florida Bid System at http://www.myflorida.com.clickonBusiness.Doing Business
with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements,
tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time
prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120,
Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the
protest.
Proposals that do not receive an award during the current grant cycle will be notified in writing with an
explanation of why they received a lower score. At the same time, suggestions will be provided for ways they
can improve their chances of being awarded an Urban and Community Forestry Grant in the future.
Note: All approved applicants will be required to attend a regional workshop in their immediate
vicinity before their completed MOA is accepted, to ensure that all involved parties are in
agreement regarding program details.
Proposals that do not receive an award during the current grant cycle will be notified in writing with an
explanation of why they received a lower score.
LATE PROPOSALS
Proposals received by the Department after the proposal opening time and date will be rejected as untimely
and will not be opened. A late proposal notice will be sent to the Proposer after the posting of Award Notice
with instructions for its return. Unclaimed late proposals will be destroyed after 45 days. Offers from vendors
listed on the Department's posted Award Notice are the only offers received timely in accordance with the
Department's proposal opening time and date.
COST OF PREPARATION
The Department is not liable for any costs incurred by a Proposer in response to this Request for Proposals
including an optional oral presentation.
URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE
MEMORANDUM OF AGREEMENT, if applicable)
Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement has been fully
executed between the Department and the Applicant.
1. The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and
the terms of payment for the project (Attachment H).
2. The Three Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities
for maintenance of any areas where site specific projects are funded under this grant (Attachment I).
EXECUTION OF AGREEMENTS AND DOCUMENTS
Upon notification of a Grant Award, the following shall take place:
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1. It will be the responsibility of the applicant to insure that the Grant Memorandum of Agreement is fully
executed within a period of sixty (60) days upon receipt. Failure to comply with this schedule may result
in the grant offer being withdrawn.
2. Although it is the intent of the Department to expedite the grant award process as much as possible,
applicants should be aware that they may not receive a fully executed grant Memorandum of Agreement
before August 24, 2005, and should schedule their projects accordingly.
3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall
stipulate:
a. What is to be accomplished under the grant.
b. The schedule and payment terms.
c. The schedule and content of progress reports.
d. Any penalties or actions that the Department will take in the event of noncompliance.
e. The methods to be used by the Department to determine compliance with the terms of the grant
agreement.
f. Maintenance responsibilities for trees planted as part of the grant program.
REVIEW OF PROJECTS IN PROGRESS AND UPON COMPLETION
The Department shall ensure that the terms of the agreements executed under these guidelines are enforced.
An interim report showing the status of the project is due December 31, 2005, and thereafter on a quarterly
basis until the project is completed.
The U&CF Grant Coordinator or his designee shall review the projects prior to tinal acceptance by the
Department.
All projects must be completed by September 30,2007. All reimbursement claims must be submitted by
November 15, 2007.
FUNDING SOURCE
Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are
nationally authorized by "Emergency Supplemental Appropriations for Hurricane Disaster Assistance"
(HR4837, PL 108 324), under the auspices of the 1995 Farm Bill. The Florida Division of Forestry has
allocated $13,500,000 of the funds received from the U.S. Forest Service to this grant program. Should
additional funding become available, it will be added to this amount.
State funds will be allocated on a priority basis to areas impacted most heavily by the 2004 hurricanes.
FDACS reserves the right to allocate surplus funds so as to fully utilize federal funding.
The State of Florida's performance and obligation to pay under this grant program is contingent upon funding
by the U.S. Forest Service.
A 75/25 match is required (75% grant/25% applicant). The local match must be in non federal dollars or
contributions of materials and/or services. In kind services provided by Division of Forestry employees may
not be used to contribute to the match by the grant recipient.
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ALLOWABLE COSTS
The following Office of Management and Budget Circulars should be used as a reference for allowable costs
for federally funded programs:
A 21
A 87
A 122
Educational Institutions
State and Local Governments
Non-profit Organizations
These circulars are available on line at http://whitehouse.gov/omb/circulars/index.htmlor you can request a
copy from the U&CF Grant Coordinator.
Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more written
quotations or written records of telephone quotations or informal bids to be opened upon receipt, whenever
practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be
provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or
quote.
No overhead costs will be paid by grant funds. Overhead costs, up to 5% of the total project cost (match plus
award), can be used as part of the local match.
The maximum allowable assessment for in kind match for general labor (non professional) is $15.00 per hour.
METHOD OF REIMBURSEMENT
Pursuant to Florida Statutes Section 216.181 paragraph 14(b), advance payment may be made upon written
request. Upon receipt by the Division of Forestry of a reimbursement summary sheet with all required
attachments, including invoices and/or receipts, and canceled checks, payrolls, log sheets, etc., FDACS will
submit the claim for payment. The final payment shall not be made until the Certification of Acceptance is
received from the U&CF Grant Coordinator. Upon receipt in the Tallahassee State Office of the
reimbursement summary sheet and copies of invoices and checks paid, the Department will place the claim in
line for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states
the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for
payment of invoices (see Attachment A).
The Federal Employer Identification Number (FEIN) will be the primary factor used to identify applicants.
FDACS cannot process a request for reimbursement without the FEIN.
SPECIAL PROVISIONS
GRANT AGREEMENT AND CONDITIONS
Terms and conditions within the Grant Agreements (Attachments H and I) and associated attachments shall
apply.
FDACS will have the right to access any books, documents, papers, and records of the grant recipients which
are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and
transcriptions.
Quarterly progress reports and a final project report will be required of all selected grant recipients. Additional
progress reports may be required if grants are extended past the initial deadline. Failure to submit a required
report or submission of an unsatisfactory report is sufficient grounds for termination of the grant agreement.
A final project report is required as a prerequisite to final payment.
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PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for Categories 1 5 for a
period of 36 months from the date of being placed on the convicted vendor list.
DISCRIMINATION
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a
contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit proposals on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact any business with any public entity.
EMPLOYMENT OF UNAUTHORIZED ALIENS
Pursuant to Executive Order 96 236, effective October 1,1996, the following standard provision shall apply to
any contract awarded as a result of this Request for Proposal:
The Department shall consider the employment by any Contractor of unauthorized aliens a violation of section
27 4( a) of the immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens,
such violation shall be caused for unilateral cancellation of this contract.
AUDITS
The Contractor shall maintain books, records and documents directly pertinent to the performance under this
contract in accordance with generally accepted accounting principles consistently applied. FDACS, the State
or their authorized representatives shall have access to such records for audit purposes during the term of the
contract and for three years following the contract termination date or date of final payment, which ever is later.
If an audit, litigation or other action involving the records is started before the end of the three year period, the
records must be retained until all issues arising out of the action are resolved, or until the end of the three year
period, whichever is later.
In accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as
applicable, of the Office of Management and Budget (OMB) Circular A 133. Any contract resulting from a
proposal developed for any division where federal funds are distributed, shall be in compliance with this
circular. The latest version of the referenced circular is available for review by Proposers at the Department's
Purchasing Office.
USE OF FUNDS FOR LOBBYING PROHIBITED
The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the
expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. The contractor
also agrees to comply with Federal guidelines governing Lobbying as outlined in Attachment C.
DEBARMENT. SUSPENSION. INELIGIBILITY. AND VOLUNTARY EXCLUSION
Any person submitting a bid or proposal in response to this request for proposal must execute the enclosed
form CERTIFICATION REGARDING LOBBYING; DEBARMENT; SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS, and enclose it with
24
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
his/her bid or proposal (see Attachment C). This certification is required by the regulations implementing
Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants
responsibilities. Award will not be made by the Department until the certification is signed by the Proposer and
submitted to the Department.
CERTIFICATION OF NO CONFLICT OF INTEREST
Any person submitting a bid or proposal in response to this Request for Proposal must execute the enclosed
Conflict of Interest Statement (see Attachment 8) and enclose it with his/her bid or proposal. Award will not be
made by the Department until the certification is signed by the Proposer and submitted to the Department.
NON DISCRIMINATION STATEMENT
In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited
from discriminating on the basis of race, color, national origin, sex, age or disability.
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten
Building, 1400 Independence Avenue, SW, Washington, DC 20250 9410 or call (202)7205964 (voice and
TDD). USDA is an equal opportunity provider and employer.
INTERPRETATIONS/DISPUTES
Any questions concerning conditions and specifications shall be directed in writing to the Purchasing Office for
receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless
provided in writing by the Department's Purchasing Director in response to requests in full compliance with this
provision. Any person who is adversely affected by the agency's decision or intended decision shall file with
the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended
decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation,
including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts,
reserving rights or further negotiation, or modifying or amending any contract, the Notice of Protest shall be
filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with
particularity the facts and law upon which the protest is filed.
QUESTIONS
Questions concerning the technical aspects of the proposal or the Applicants' Workshops should be directed to
the nearest FDACS, Division of Forestry office (see Attachment J, List of Division of Forestry DistricVCenter
Contacts), or to:
Urban Forestry Program Coordinator
Division of Forestry
Florida Department of Agriculture and Consumer Services
3125 Conner Boulevard, Suite R 3
Tallahassee, FL 323991650
Telephone (850) 921 0300
25
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Questions regarding procedures for submittal of proposals should be submitted to:
Christie Hutchinson, Purchasing Director
Division of Administration
Department of Agriculture and Consumer Services
Mayo Building, Room SB 8
Tallahassee, FL 32399 0800
(850) 487-3727
No negotiations, decisions, or actions shall be initiated or executed by the applicant as a result of any
discussions with any FDACS employee. Only those communications which are in writing from the
Department's Purchasing Office may be considered as a duly authorized expression on behalf of the
Department Only communications from the applicant which are signed and in writing will be recognized by the
FDACS as duly authorized expressions on behalf of the applicant
SCHEDULE OF EVENTS
May 4, 2005
Notification of Availability of Request for Proposal mailed to all potential
applicants.
June 30, 2005
Sealed proposals in response to RFP must be received by FDACS Purchasing
office.
July, 2005
Evaluation of proposals.
August 1, 2005
Posting of Award on the Florida Bid System at http://myflorida.com.Click on
Business, Doing Business with the State of Florida, Everything for Vendors and
Customers, Vendor Bid System, Search Advertisements.
Tabulation will remain posted for a period of seventy two (72) hours. Failure to
file a protest within the time prescribed in Section 120.57(3), Florida Statutes,
shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
Failure to file the proper bond at the time of filing the formal protest will result in
denial of the protest
August 10, 2005
August 2005
Expected grant agreement (contract) execution and authorization to begin.
Workshops for Approved Grant Applicants Locations, dates and times to be
posted on www.f1dof.com
December 31, 2005
First quarterly Interim report due.
July 1, 2007
Deadline for submitting request for no cost time extension.
September 30,2007
Contract ending date.
November 15, 2007
Deadline for final reimbursement claims.
26
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT A
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
NOTIFICATION OF VENDOR OMBUDSMAN'S NAME
AND TELEPHONE NUMBER
Vendors proviQing goods and services to an agency should be aware of the following time frames. Upon
receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the
proposal specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver
a request for payment (voucher) to the Department of Financial Services. The 20 days are measured
from the latter of the date the invoice is received or the goods or services are received, inspected and
approved.
If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be
due and payable, in addition to the invoice amount, to the vendor. The interest penalty provision applies
after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one
(1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned
to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the agency.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties
of this individual include acting as an advocate for vendors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at
(850)488-2924 or by calling the Chief Financial Officer's Hotline, 1-800-848-3892.
27
BID NUMBER: RFP/DF-04/0S-99
OPENING DATE: JUNE 30, 200S@2:00 P.M.
ATTACHMENT 8
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
CONFLICT OF INTEREST STATEMENT
I,
, as authorized
representative of
certify that no member of this firm nor any person having interest in this
firm has been awarded a contract by the Department of Agriculture and
Consumer Services on a non-competitive basis to:
(1) develop this Invitation to Bid (ITB) or Request for Proposal (RFP);
(2) perform a feasibility study concerning the scope of work contained in this
ITB/RFP;
(3) develop a program similar to what is contained in this ITB/RFP.
Authorized Representative
Date
Proposal Number
28
BID NUMBER: RFP/DF-04/05-99
ATTACHMENT C
OPENING DATE: JUNE 30, 2005@2:00 P.M.
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to deterrrine the certification to which they are required to attest Applicants
should also review the instructions for certification induded in the regulations before OOIJl'Ieting this form, Signature of this form
provides for OOIJl'Iiance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying: and 34 CFR Part 85,
"Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace
(Grants): The certifications shall be treated as a material representation of fad upon which reliance will be placed when the
Department of Education determines to award the covered transaction, grant, or cooperative agreement
1. LOBBYING
As required by Section 1352, TiUe 31 of the U.S, Code, and
irflllemented at 34 CFR Part 82, for persons entering into a
grant or cooperative agreement O/er $100,000, as defined at
34 CFR Part 82, Sections 82,105 and 82,110, the applicant
certifies that:
(a) No Federal appropriated funds have been paid or will be
paid. by or on behalf of the undersigned. to any person for
influencing or attelJllling to influence an officer or eflllloyee of
any agency, a Mermer of Congress. an officer or eflllloyee of
Congress. or an eflllloyee of a Mermer of Congress in
<XJmection with the making of any Federal grant. the entering
into of any cooperative agreement. and the extension, oontinu-
ation, renewal. amendment. or m:xlification of any Federal
grant or cooperative agreement:
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for innuencing or
atterJ1lling to influence an officer or eflllloyee of any agency, a
Mermer of Congress. an officer or eflllloyee of Congress. or
an eflllloyee of a Mermer of Congress in oonnection with this
Federal grant or cooperative agreement, the undersigned shall
lXJOllIete and subrrit Standard Form - LLL, "Disclosure Form to
Report Lobbying: in acrordance with its instructions:
(c) The undersigned shall require that the language of this
certification be induded in the award documents for all
subawards at an tiers (induding SUbgrants. oontrads under
grants and cooperative agreements. and suboontrads) and
that an subrecipients shan certify and disclose acoordingly,
2, DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
As required by Exerotive Order 12549. Debarment and
Suspension. and irflllemented at 34 CFR Part 85, for prospec.
tive participants in primary covered transactions. as defined at
34 CFR Part 85. Sedions 85.105 and 85,110-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended. proposed for
debarment, dOOared ineligible. or voluntarily exduded from
covered transactions by any F ederat department or agency:
(b) Have not within a three-year pericxl preceding this applica-
tion been oonvided of or had a civil judg9lTlllnt rendered
against them for rorrrrission of fraud or a crirrinal offense in
<XJmedion with obtaining, attelJllling to obtain, or perfoming a
pubUc (Federal. State. or local) transaction or oontrad under a
public transadion: violation of F ederaJ or State antitrust
statutes or rorrrrission of ermezzlement.then, forgery,
bribery, falsification or destrudion of reoords, making false
statements. or receiving stolen property:
(c) Are not presently indicted for or otherwise crirrinallyor civilly
charged by a governmental entity (Federal, State. or local) with
<Xlrrl11ission of any of the offenses enumerated in paragraph
(2)(b) of this certification: and
(d) Have not within a three-year period preceding this application
had one or nDre public transadion (Federal, State, or local)
terminated for cause or default: and
B. Where the applicant is unable to certify to any of the state-
ments in this certification. he or she shall attach an
explanation to this application,
3, DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-F ree Workplace Act of 1988. and
irflllemented at 34 CFR Part 85, Subpart F, for grantees. as
defined at34 CFR Part 85, Sedions 85.605 and 85,610.
A. The applicant certifies that I will or wi" oontinue to prO/ide a
drug-free \YOrkpIace by:
(a) Publishing a statement notifying elllJloYees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
oontrofled substance is prohibited in the grantee's \YOrkpIace and
specifying the adions that win be taken against elllJloYees for
violation of such prohibition:
(b) Establishing an on-going drug-free awareness program to
inform 9flllIoyees about:
(1) The dangers of drug abuse in the workplace:
(2) The grantee's policy of maintaining a drug-free workplace:
(3) Any available drug oounseling, rehabilitation, and eflllloyee
assistance programs; and
(4) The penaRies that may be ifl1JOSed upon errployees for drug
abuse violations occurring in the \YOrkpIace:
(c) Making it a requirement thai each eflllloyee to be engaged in
the performance of the grant be given a ropy d the statement
required by paragraph (a);
(d) Notifying the eflllloyee in the statement required by para-
graph (a) that, as a oondition of elllJloyment under the grant. the
eflllloyee will:
(1) Abide by the terms of the statement: and
(2) Notify the elllJloYer in writing of his or her oonvidion for a
violation of a crirrinaJ drug statute OCCUrring in the \YOrkpIace no
later than five calendar days aner such oonvidion:
29
BID NUMBER: RFP/DF-04/05-99
(e) Notifying the agency, in writing, within 10 calendar days after
receMng notice under subparagraph (d)(2) from an e~ee or
otherwise receMng actual notice of such oonviclbn, E~9fS
of ronvidlld ef1llloyees mist provide notice, induding position
lilIe. to: Diredor, Grants Po/icy and Oversight Staff. V,S, Depart.
ment of Education, 400 Maryland Avenue, SW, (Room 3652,
GSA Regional Office Building No, 3). Washington, DC 20202.
4248, Notice shall indudethe identification nurrber(s) of each
affedlld grant:
(f) Taking one of the following actions. within 30 calendar days 0/
receMng notice under subparagraph (d)(2), with resped to any
el1lJloyee who is so ronvidlld:
(1) Taking appropriate personnel action against such an em-
ployee. up to and induding temination, oonsistant with the
requirements 0/ the Rehabilitation Ad of 1973, as amendlld: or
(2) Requiring such e~ee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approvlld for such
purposes by a Fllderal, State. or focal health. law enforcement, or
other. appropriate agency:
(g) Making a good faith effol1 to oontinue to maintain a
drug-free workplace through implementation cI paragraphs
(a), (b). (c), (d), (e), and (I),
B. The grantee may insert in the space providlld below the site(s)
for the performance cI VKlI1c done in oonnection with the specific
grant:
Place of Perfonnance (Street address, city, rounty, state, zip
code)
Check ( ] if there are workplaces on file that are not identified
here,
OPENING DATE: JUNE 30, 2005@2:00 P.M.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Ad of 1988, and
implementlld at 34 CFR Part 85, Subpart F. for granlees, as
definlld at 34 CFR Part 65, Sections 85,605 and 85,610-
A. As a rondition d the grant, I certify that I will not engage in the
unlawful manufacture, distribution. dispensing, possessi::m, or
use cI a oontroIllld substance in ronduding any activity with the
grant; and
B. If oonvidlld cI a crirrinaJ drug offense resulting from a
violation occurring during the rondud d any grant activity, I will
report the oonvidion. in writing. within 10 calendar days d the
ronviction, to: Director, Grants Policy and Oversight Staff,
Department of Education, 400 Maryland Avenue, SW, (Room
3652, GSA Regional Office Building No, 3), Washington, DC
20202-4248, Notice shall indude the identification nurmer(s} of
each affedlld grant,
As the duly aulhorizlld representative of the applicant, I hereby certify that the applicant will CCJrJ'fJIy with the above certifications,
NAME OF APPLICANT PRlAWARD NUMBER AND I OR PROJECT NAME
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
ED 80-0013
12/98
30
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT D
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you
are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments.
All attachments must be 81/2" X 11", except any attached sketches, plans and maps which must be no
larger than 2' X 3' and folded into 8 1/2" X 11 ". Six (6) copies (one copy with original signatures and
(5) five copies) of the proposal packet including the proposal form, the project description and
all attachments must be received no later than 2:00 p.m., June 30, 2005 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 488-7552
If you have any questions, please see ATTACHMENT J, "Division of Forestry DistricUCenter Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title:
Proposer Name:
Name and Title of Contact Person:
Address:
Zip:
Phone:(
)
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes No
FEID Number
As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the
proposal and required grant information have been read and understood and that all information
submitted herein is true and correct.
Authorized Executive Officer:
Title:
Signature:
Date:
31
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT D (CONTINUED)
PROJECT DESCRIPTION
(Two page limit, #12 font, single-space)
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
(include information that will support the evaluation criteria listed on page 12-13 of this RFP)
Demonstrated Need:
Storm Impact in the Project Area:
Supporting Documents Included:
Well-Defined Goals and Obiectives:
Measurable End Results of the Project:
Long-Term Management of the Project Area:
Technical Correctness:
Supervision and Monitoring of the Project:
Recognized Specifications and Standards to be Followed:
Cost-Effectiveness:
Sources of Cash, Labor, Materials, and Other Resources:
Sources of Matching Resources:
Partnerships Contributing to Project Completion:
Documentation of Cost Figures Listed in the Budget Sheet:
Tree City USA Certification (current as of 2003):
Tree City USA Growth Award (current as of 2003):
Other Information to Support Approval of this Proiect:
NOTE: This format will also serve as the Proposal Evaluation Sheet
32
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @2:00 P.M.
ATTACHMENT E
BUDGET
Activity:
Specific Description:
SUMMARY OF COSTS
(A 75/25 match on behalf of the proposer is required).
Requested Grant $ Local Match $
I II
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (i) $
Totai Matching Costs (II) $
Total Program Costs (III) $
$
100%
Add columns I and II for total III (100%)
% Grant request
% Loca I match
A budaet. detailina all costs identified above must be attached.
PROJECT LOCATION INFORMATION (Please Print or Type) (Compiete where applicable)
County
Describe the Specific Location of the Project:
Who has Responsibility for Overseeing Project implementation (name and title)?
Who has Maintenance Responsibility for the Project after Completion?
Is the Land Ownership Public or Private?:
Name of Landowner:
Project Title:
Applicant Name:
33
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30,2005@2:00 P.M.
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all anticipated
expenditures and explains all project costs. Proposals for site specific demonstration tree planting
projects must list the quantity, species, and approximate size (container size, or caliper and height) of
trees to be planted.
IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE
RULED INELIGIBLE
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Contractual
(Description)
Personnel
(list titles or
positions)
Travel
34
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Eauipment
(list items)
, -
35
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Supplies*
(list items)
36
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
OperatinQ Costs
(list)
Trees
(list species and
size)
Overhead** *
Total
*
Grant dollars may not be used to purchase food as supplies.
Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds
may not be used for overhead costs.
**
37
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @2:00 P.M.
EXAMPLE
BUDGET
Activity:
Specific Description:
Replacement Plantina. Tree Prunina
Broadwav/42nd Street and Islip/Rahwav Blocks
SUMMARY OF COSTS
(A 75/25 match on behalf of the Proposer is required)
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (I)
Total Matching Costs (II)
Total Program Costs (III)
REQUESTED GRANT $
I
15,000
o
o
o
$
$
$
60.000
75.000
LOCAL MATCH $
II
10.000
6.000
o
5.400
5.500
o
o
o
26.900
101.900
100%
Add columns I and II for total III (100%)
74
% Grant request
26
% Local match
A BUDGET. DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED.
PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable)
County
Grapefruit
Describe the Specific Location of the Project:
Valdermere. FL
Who has Maintenance Responsibility for the Property?
Bernice Celia. Town Manaaer
Is the Land Ownership Public or Private?
Name of Landowner:
Project Title:
Proposer Name:
Public
Town of Valdermere. FL. Inc.
Valdermere Urban Forestrv Hurricane Recoverv
Town ofValdermere
38
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all anticipated
expenditures and explains all project costs. Proposals for site specific demonstration tree planting
projects (category 2A and 28) must list the quantity, species, and approximate size (container size, or
caliper and height) of trees to be planted.
IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE
RULED INELIGIBLE
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Contractual
(Descri ptiofi)
Tree Remedial 250 Trees 1 OO/tree 15,000 10,000
Pruning
15,000 10,000
Personnel
(list titles or
positions)
Certified Arborist Supervision, 40.00/hr 4,000.00
(Boris Smith) planning 100
hours
Volunteer Labor Delivery and 10.00/hr 2,000.00
Troop 29 Planting
SUBTOTAL 200 hours
6,000
Travel
SUBTOTAL
39
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
EauiDment
(list items)
Stake Body Truck 8 hours 50/hr 400
for Delivery
Irrigation System 5,000
Upgrade and
Operation
SUBTOTAL 5,400
40
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
SUDDlies*
(list items)
Planting supplies TBD $12/tree 4,800
(fert, mulch, etc.)
(Per mgt plant)
Shovels, gloves, 700
staking materials,
etc.
SUBTOTAL 5,500
ODeratina Costs
(list)
None
41
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Trees
(list species and
size)
Chickasaw Plum
Cypress 400 Purchase price $60,000 -0-
Flowering Cherry (15 gal) $150/tree
Live Oak (Florida #1)
Long Leaf Pine
Magnolia
Purple Leaf Plum
SUBTOTAL $60,000 -0-
Overhead** *
Total $75,000 $26,900
*
Grant dollars may not be used to purchase food as supplies.
Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds
may not be used for overhead costs.
**
42
BID NUMBER: RFP/DF-04/05-99
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ATTACHMENT F
EXAMPLE
2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT
PROGRAM
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you
are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments.
All attachments must be 81/2" X 11", except any attached sketches, plans and maps which must be no
larger than 2' X 3' and folded into 8 1/2" X 11". Six (6) copies (one copy with original signatures and
five copies) of the proposal packet including the proposal form, the project description and all
attachments must be received no later than 2:00 p.m., June 30, 2005 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL
Mayo Building - Room SB-8
Tallahassee,FL 32399-0800
Telephone (850) 488-7552
If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title:
Valdermere Urban Forestry Prooram
Proposer Name:
Valdermere. FL. Inc.
Name and Title of Contact Person:
Bernice Celia. Town Manaaer
Address:
100 Main Street. Valdermere. Florida
Zip:
33867
Phone:
(407) 555-8733
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes
No
X
FEID Number
59-123456789
Has Implementation of the Practice Already Begun? Yes
If So, Date Project was Initiated
12/15/04
As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the
proposal and required grant information have been read and understood and that all information
submitted herein is true and correct.
Authorized Executive Officer:
Bernice Celia
Title:
Town Manaaer
Signature:
Date:
06/01/05
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BID NUMBER: RFP/DF-04/05-99
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EXAMPLE (CONTINUED)
PROJECT DESCRIPTION
(two page limit)
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
The Town ofValdermere is requesting a $75,000 Grant from the Urban and Community Forestry Grant program.
Grant and budgeted funds will be used to replant trees in damaged areas, and reimburse the city for corrective
pruning expenses that occurred between October 13 and December 31, 2004.
Valdermere is a heavily wooded community with a population of 2,329. An urban forestry program has existed
here for ten years, under the leadership of a volunteer Tree Board. The overall program is described below in
terms of the U&CF Grant evaluation factors.
Demonstrated Need: As a result of Category I Hurricane Force winds received during Hurricane Charley, tree
canopy has been reduced from an estimated 35% before the storm to a current level of 20%.
The neighborhoods indicated on the attached maps within the city limits of Valdemere experienced significant
damage to trees as a result of Hurricane Frances. The map indicates areas where trees had to be removed, as
well as other areas where corrective pruning was necessary to mitigate safety hazards and improve the health of
the trees. A total of xxx trees will need to be replaced, and xxx trees required corrective pruning.
As further evidence of the damage impacts, we have included photographs and debris removal cost figures. We
realize that only those costs incurred since October 13, 2004, were not reimbursed by an outside source, and are
directly related to these projects can be used as either part of the grant application or the match.
Well-Defined Goals and Obiectives: Before the storm, the city had a goal of reaching a tree canopy level of 40%
by 2010. Since this effort has been set back, receipt of grant funds will help to reduce the delay in meeting this
goal. Under this grant, xxx trees as described above will be planted and xxx trees will receive corrective pruning.
These areas will be incorporated into the city's existing urban forestry master plan for maintenance.
Technical Correctness: The trees species listed in the budget section are either native to the immediate area, or
have been successfully grown here for decades and have proven not to be invasive. An irrigation system exists in
the area, and will be upgraded to water the new trees on a regular basis for the first year until the trees are
established.
The existing trees were pruned according to ISA standards. Both the pruning and the upcoming planting are under
the supervision of City Aborist Boris Smith, who is ISA certified. Plantings will be conducted according to University
of Florida guidelines listed on their website.
Cost Effectiveness: Contract crews who conducted the tree pruning were selected from three ISA certified
vendors who submitted written quotes. See attached documentation of corrective pruning costs. City employees
and funds will be used to perform the tree planting. In addition, overall project costs will be reduced by using
volunteers from Boy Scout Troop 29 to deliver and plant the trees. The Chamber of Commerce is providing mulch
and ground cover plants.
Tree Citv USA Certification: The City of Valdemere has been certified as a Tree City USA since 1991, and has
earned the Tree City Growth Award for the past four years.
Other SUDDortina Information: Visibility of the Project: All trees planted or treated under this project are located
along city streets with heavy pedestrian and vehicular traffic.
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BID NUMBER: RFP/DF-04/05-99
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ATTACHMENT G
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
EXAMPLE
RESOLUTION 00-1,23
A RESOLUTION BY THE CITY OF HOMETOWN, FLORIDA TO ENTER INTO AN URBAN AND
COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF
FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF
FORESTRY
WHEREAS, trees are an important part of our community; and
WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant
which would provide monies in which to help fund the citizen forester program; and
WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant
which would provide monies in which to help fund the citizen forester program; and
WHEREAS, the City of Valdermere wishes to enter into an Urban and Community Forestry Grant
Memorandum of Agreement between the City of Hometown, Florida and the Florida Department of
Agriculture and Consumer Services;
NOW, THEREFORE, BE IT RESOLVED by the City council of Valdermere, Florida:
Section 1. The City Council supports the development of a citizen forester program to allow
continuation of the city's tree planting program.
Section 2. The City Council hereby authorizes the City Manager to enter into an Urban and
Community Forestry Grant Memorandum of Agreement between the City of Valdermere, Florida
and Florida Department of Agriculture and Consumer Services.
INTRODUCED, PASSED AND ADOPTED THIS THE 10TH DAY OF JUNE, 2005.
BY:
Mayor
ATTEST:
APPROVAL AS TO FORM:
City Clerk
City Attorney
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BID NUMBER: RFP/DF-04/05-99
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ATTACHMENT H
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
GRANT MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of ,20_by and
between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency
of the State of Florida, hereinafter called the "Department" and the Town of Valdermere, hereinafter called the
Entity (Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the application of the principles of urban and community
forestry by granting funds to the Entity (Subre.cipient) for the purpose as outlined in grant Application Number
005-67, included herein as Exhibit A and by reference made a part hereof:
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664;
WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state
would benefit from the implementation of urban and community forestry projects that improve our communities
through the proper care of trees and related plant materials;
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban forestry grant for the specific
project set forth in the U&CF Grant Application Number 005-67, hereinafter the "project";
WHEREAS, the Entity (Subrecipient) by Resolution No. 2004-06 & 07, dated June 10. 2005, has indicated its
support of the grant application and authorized its officers to execute this Agreement on its behalf;
WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in the U&CF
Grant application and the need for entering into an agreement designating and setting forth the responsibilities of
each party;
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties
covenant and agree as follows:
A. Failure by the Entity (Subrecipient) to sign and return this agreement, within 45 days upon receipt of
the agreement, shall constitute forfeiture of the award.
8.
The effective date of this agreement is
,20
C. The Entity (Subrecipient) shall complete the project by September 30,2007, as set forth in the Urban
and Community Forestry Grant Application Number 005-67 approved by the Department on August 1,
2005, during which time the grant shall continue in effect. The criteria for the project is set forth
therein. The final date by which such criteria must be met for completion of this agreement is
September 30, 2007.
The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the
Department. The Entity (Subrecipient) shall not change or deviate from the project without written
approval by the Department.
D. The Entity (Subrecipient) has estimated the project cost to be $101.900 as shown on the grant
application budget sheet attached as Exhibit 8. The Department agrees to reimburse to the Entity
(Subrecipient) the total sum of $75.000 or seventy five percent (75%) of the final approved project
costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which
are directly related to this project as described in Exhibits "A" and "B". Project costs incurred prior to
October 13. 2004, are ineligible for reimbursement. To assist the Entity (Subrecipient) with the initial
three (3) months of implementation, the Department may make an advance of the grant award. The
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BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Entity (Subrecipient) must request the advance payment in writing using forms provided by the
Department. Funds provided as an advance payment must be placed in a non-interest bearing
account. Only one advance payment will be made; thereafter, disbursements will be made on a
reimbursement basis. The final payment shall not be made until Certification of Acceptance is
received from the Department. For installed plant materials, a sixty (60) day grow-in-period will be
required after project completion. Certification of Acceptance by the Department may be requested
sixty (60) days after project completion. Upon receipt of the Certification of Acceptance, the Entity
(Subrecipient) may submit an invoice for final payment. The Entity (Subrecipient) must submit the
final claim for reimbursement to the Department on or before November 15,2007.
(1) Purchases of $2,500 to $25,000 shall be carried out documenting two or more written
quotations or written record of telephone quotations or informal bids to be opened upon receipt,
whenever practical. Competitive sealed bidding is required for all purchases exceeding
$25,000. Justification must be provided for a sole source award or for an award to a vendor
other than the vendor submitting the lowest bid or quote.
(2) Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof, and bills for travel expenses specifically
authorized by this Agreement shall be submitted and paid in accordance with the rates
specified in Section 112.061, Florida Statutes.
(3) Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and
for three years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of costs incurred include all records of the
costs of the Entity (Subrecipient) and subcontractors considered necessary by the Department
for a proper audit of the project.
(4) A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid on contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted
vendor list.
(5) The CONTRACTOR is informed that an entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or a public work, may not submit bids on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant
under contract with any public entity, and may not transact business with any public entity.
E. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project for a period
of three years and enter into an agreement which designates and sets forth the duties and responsibilities of
the parties in maintaining the project.
F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments
by December 31, 2005 and a final report summarizing project accomplishments as a prerequisite to final
acceptance by the Department. Failure to submit a required report or submission of an unsatisfactory report
is sufficient grounds for termination of this agreement according to the provisions of Section 7(b). The Entity
(Subrecipient) upon project completion shall submit a news release to local newspaper media highlighting
the successes of the project.
G. This Agreement may be terminated under anyone of the following conditions:
(1) The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation
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BID NUMBER: RFP/DF-04/05-99
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for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other
material made or received by the Contractor in conjunction with the contract, unless the records are
exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes.
(2) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement,
following thirty (30) calendar days written notice by the Department.
(3) By either party following sixty (60) calendar days written notice.
(4) By both parties following the complete execution by both parties of an agreement to terminate this
Agreement.
(5) Notice to Entity (Subrecipient): The Department shall consider the employment by any Entity
(Subrecipient) of unauthorized aliens a violation of section 274A(e) of the Immigration and
Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement.
H. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 7(b), in the
event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant
Amounfthen the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project
has been completed. If the project has not been completed, the Department shall pay to the Entity
(Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion.
I. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six
(6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall
be only one extension of a contract unless the failure to meet the criteria set forth in the contract for
completion of the contract is due to events beyond the control of the Contractor. If initially competitively
procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3)
years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract
for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in
the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the
Department.
J. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages
arising out of injury or damage to persons or property directly caused or resulting from the negligence of
such party or any of its officers, agents or employees.
K. The Entity (Subrecipient) certifies that neither it or its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded for participation in this grant program by any
Federal department or agency.
L. This Agreement, together with any Maintenance Agreement, if executed, embodies the entire agreement and
understanding between the parties hereto and there are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not superseded hereby.
M. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without
the expressed written consent of the Department.
N. This Agreement, regardless of where executed, shall be govemed by and construed in accordance with the
laws of the State of Florida.
O. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail,
postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram:
(1) If to the Department, address to Program Coordinator, 3125 Conner Boulevard, Suite R-8, Forest
Management Bureau, Tallahassee, Florida 32399-1650 or at such other address the Department may
from time to time designate by written notice to the Entity (Subrecipient);
(2) If to the Entity (Subrecipient) addressed to:
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BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Ms. Berrnice Celia
Town of Valderrnere
Post Office Drawer 669
Windermere, Florida 34786
or at such other address as the Entity (Subrecipient) from time to time designates by written notice to
the Department. All time limits provided hereunder shall run from the date of receipt of all mailed
notices, demands, requests and other instruments, or from the date telexed or faxed.
p, Time is of the essence of this agreement.
It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management
district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations
pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit
the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
The following provisions of A through G are not applicable to procurement contracts used to buy goods or
services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by state agencies to
Nonstate entities to carry out state projects in accordance with and subject to requirements of Section
215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate
entity means a local governmental entity, nonprofit organization, or for-profit organization that receives
state resources. Recipient means a Nonstate entity that receives state financial assistance directly
from a state awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to or in
excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a state single or
project-specific audit conducted for such fiscal year in accordance with Section 215.97, F. S.,
applicable rules of the Executive Office of the Governor, rules of the Chief Financial Officer, and
Chapter 10.600, rules ofthe Auditor General. In determining the state financial assistance expended
in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state
funds received from this Department resource, except that state financial assistance received by a
Nonstate entity for federal financial assistance and state matching requirements shall be excluded
from consideration.
C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2)
conducted by an independent auditor in accordance with auditing standards as stated in rules of the
Auditor General.
D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F. S., do
not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records
concerning state financial assistance to such Nonstate entity or allowing access and examination of
those records by the state awarding agency, the Chief Financial Officer, or the Auditor General.
E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity
must meet terms and conditions specified in this written agreement with the state awarding agency.
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of
Section 215.97, F. S.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state
awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's
records and the Recipient's independent auditor's working papers as necessary for complying
with the requirements of Section 215.97, F. S. The Recipient is required to retain sufficient
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BID NUMBER: RFP/DF-04/05-99
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records demonstrating its compliance with the terms of this agreement for a period of three
years from the date the audit report is issued, and shall allow the department of Agriculture and
Consumer Services or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding
agency to conduct or arrange for the conduct of additional audits or evaluations of state
financial assistance or limit the authority of any state agency Inspector General, the Auditor
General, or any other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in accordance
with the requirements of Section 215.97, F. S. The financial reporting package means the
nonstate entities financial reports, management letter, auditee's written responses or corrective
action plan, correspondence on the follow-up of prior years corrective actions taken, and such
other information determined by the Auditor General to be necessary and consistent with the
purposes of Section 215.97, F. S. Copies of the financial reporting package required by this
agreement shall be submitted by or on behalf of the Recipient directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399-0800
(b) The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
If this agreement contains federal funding in excess of $100,000, the Entity (Subrecipient) must, prior to
agreement execution, complete the Certification Regarding Lobbying form. If a Disclosure of Lobbying Activities,
Standard Form LLL, is required, it may be obtained from the Department. All disclosure forms as required by the
Certification are attached. The Lobbying form must be completed and returned to the Department.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby
acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and
Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local Governments, and
Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Entity
(Subrecipient) are available for review at the following address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal
year, either directly from federal agencies or indirectly through other units of state or local governments or a
combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of
Management and Budget Circular No. A-133 (Audits of State, Local Governments, and Non-profit Organizations).
The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this
agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will
allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's
(Subrecipient's) books for compliance with the above applicable circulars.
The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material,
videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the
copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban
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BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
and Community Forestry Grant must display a statement that the material has been prepared using Urban and
Community Forestry grant funds received through the Division of Forestry.
Entities (Subrecipients) providing goods and services to the Department should be aware of the following
time frames. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and
approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the
exception of payments to health care providers for hospital, medical, or other health care services, if payment is not
available within 40 days, measured from the latter of the date the invoice was received or the goods or services are
received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section
55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest
rate, please contact the Agency's Fiscal Section at (850)488-2020 or Purchasing Office at (850) 488-7552.
Invoices which have to be returned to an Entity (Subrecipient) because of Entity (Subrecipient) preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed
invoice is provided to the department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or
by calling the-Department of Financial Services' Hotline, 1-850-410-9724.
The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or
services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any
public entity, and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
The Entity (Subrecipient) is informed that the Department shall consider the employment by an Entity
(Subrecipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act.
Such violation shall be cause for unilateral cancellation of this agreement.
The contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list may
not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact business with any public entity.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year
first above written.
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
BY:
Director
Division of Administration
Town ofValdermere
Name of Entity (Subrecipient)
BY:
TITLE:
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BID NUMBER: RFP/DF-04/05-99
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ATTACHMENT I
URBAN AND COMMUNITY FORESTRY GRANT
MAINTENANCE MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of , 20 , by and
between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency
of the State of Florida, hereinafter called the Department and the Town of Valdermere, hereinafter called the Entity
(Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and
community forestry by granting funds to the Entity (Subrecipient) for the establishment of a demonstration tree
planting project as outlined in the Urban and Community Forestry grant application Number 005-67 and Grant
Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part
hereof;
- ---
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community forestry grant
for the improvements to the project property more particularly set forth in the Grant Agreement;
WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as described in
the Grant Application);
WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting
forth the responsibilities of each party in maintaining the project; and
WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and authorizes its
officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in
Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows:
A. The Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in
accordance with the below listed Project Standards for the property at the following location:
Town ofValdermere.
Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties:
(1) All planting stock or replacement must be Florida Grade #1 or better, unless otherwise agreed
upon in writing by the Urban Forestry Coordinator.
(2) Proper watering and proper fertilization of all trees/plants.
(3) Keeping trees/plants as free as practicable from disease and harmful insects;
(4) Proper mulching of trees and/or planting beds;
(5) Keeping the premises free of weeds;
(6) Mowing and/or cutting grasses to the proper length;
(7) Proper pruning of all trees which includes; (i) removing dead or disease parts of trees or (ii)
pruning such parts thereof which present a hazard;
(8) Removing and replacing dead or diseased trees/plants in their entirety, or removing and
replacing those that fall below original Project Standards.
(9) Following the Planting and Maintenance Guidelines as included herein as Exhibit C.
The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or part of the
project that falls below Project Standards. In the event any part or parts of the project, including all
plants, must be removed and replaced for whatever reason, then they shall be replaced with the same
grade, size and specification as provided in the original plans for the project. Furthermore, the Entity
(Subrecipient) shall keep litter removed from the project area. The above named functions to be
performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. It is
53
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the
Entity (Subrecipient) shall be the owner of the planting and other installations included and stipulated
in the grant application comprising the project.
B. This Agreement may be terminated under anyone of the following conditions:
(1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement
or for refusal by the Entity (Subrecipient) to allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or
secured by the Entity (Subrecipient) in conjunction with this Agreement following reasonable
written notice.
(2) By either party following sixty (60) calendar days written notice.
(3) By both parties following the complete execution by both parties of an agreement to terminate
this agreement.
C. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a
'period of three (3) years.
D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the Entity
(Subrecipient) shall refund to the Department a pro-rated portion of the grant award based upon the
following schedule:
(1) If this agreement is terminated within one year of the date in Paragraph 3, 75 percent of the
grant award.
(2) If this agreement is terminated during the second year of this agreement, 50 percent of the
grant award.
(3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant
award.
E. As applicable under Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that it
shall indemnify and hold harmless the Department and all of the Department's officers, agents and
employees from any claim, action, neglect or omission by the Entity (Subrecipient) during the
performance of the Agreements, whether direct or indirect, and whether any person or property to
which the Department or said parties may be subject, except that neither the Entity (Subrecipient) nor
any of its sub-contractors shall be liable under this paragraph for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of the
Department or any of its officers, agents or employees.
F. This Agreement, together with the Urban and Community Forestry Grant Memorandum of Agreement,
embodies the entire agreement and understanding between the parties hereto an!=! there are no other
agreements or understandings, oral or written, with reference to the subject matter hereof that are not
superseded hereby.
G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part
without the expressed written consent of the Department.
H. This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida.
I. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S.
Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or
telegram:
If to the Department, addressed to Urban Forestry Program Coordinator, Forest Management Bureau,
3125 Conner Boulevard, Suite R-3, Tallahassee, Florida 32399-1650 or at such other address the
54
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30,2005@2:00 P.M.
Department may from time to time designate by written notice to the Entity (Subrecipient); and
If to the Entity (Subrecipient) addressed to:
Ms. Bernice Celia
Town ofValdermere
Post Office Drawer 669
Windermere, Florida 34786
or at such other address as the Entity (Subrecipient) from time to time designates by written notice to
the Department.
All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands,
requests and other instruments, or from the date telexed or faxed,
J. Time is of the essence of this agreement.
It is mlJ1ually understood and agreed that if this contract disburses grants and aids appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management
district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations
pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit
the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
The following provisions of A through G are not applicable to procurement contracts used to buy goods or
services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by state agencies to
Nonstate entities to carry out state projects in accordance with and subject to requirements of Section
215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate entity
means a local governmental entity, nonprofit organization, or for profit organization that receives state
resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state
awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of
$300,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit
conducted for such fiscal year in accordance with Section 215.97, F. S., applicable rules of the Executive
Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General.
In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all
sources of state financial assistance, including state funds received from this Department resource, except
that state financial assistance received by a Nonstate entity for federal financial assistance and state
matching requirements shall be excluded from consideration.
C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2) conducted by
an independent auditor in accordance with auditing standards as stated in rules of the Auditor General.
D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F. S., do not
exempt a Nonstate entity from compliance with provisions of law relating to maintaining records conceming
state financial assistance to such Nonstate entity or allowing access and examination of those records by the
state awarding agency, the Chief Financial Officer, or the Auditor General.
E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must
meet terms and conditions specified in this written agreement with the state awarding agency.
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of
Section 215.97, F. S.
55
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state
awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's
records and the Recipient's independent auditor's working papers as necessary for complying with the
requirements of Section 215.97, F. S. The Recipient is required to retain sufficient records
demonstrating its compliance with the terms of this agreement for a period of three years from the
date the audit report is issued, and shall allow the department of Agriculture and Consumer Services
or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding
agency to conduct or arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any state agency Inspector General, the Auditor General, or any
other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with
the requirements of Section 215.97, F. S. The financial reporting package means the nonstate entities
financial statements, Schedule of State Financial Assistance, auditor's reports, management letter,
auditees written responses or corrective action plan, correspondence on the follow-up of prior years
corrective actions taken, and such other information determined by the Auditor General to be
necessary and consistent with the purposes of Section 215.97, F. S. Copies of the financial reporting
package required by this agreement shall be submitted by or on behalf of the Recipient directly to
each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399 0800
(b) The Auditor Generals Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 323021450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement
hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version
of Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States,
Local Governments, and Non-profit Organizations). Copies of the latest version of the above which
would relate to the undersigned Entity (Subrecipient) are available for review at the following address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal
year, either directly from federal agencies or indirectly through other units of state or local governments or a
combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of
Management and Budget Circular No. A-133 (Audits of State, Local Governments, and Non-profit Organizations).
The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this
agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will
aI/ow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's
(Subrecipients) books for compliance with the above applicable circulars.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year
first above written.
56
BID NUMBER: RFPIDF-04/05-99
BY:
BY:
TITLE:
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Director, Division of Administration
Town of Windermere
Name of Entity (Subrecipient)
57
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
EXHIBIT C
PLANTING AND MAINTENANCE GUIDELINES
A. Planting
Site factors which influence long-term survivability should be considered: overhead and
underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site
improvements, size of planting space/site, etc.
All planting stock or replacement stock must be Florida Grade #1 or better.
All synthetic or non-biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc.
must be removed from the root ball before planting. All biodegradable material should be removed
from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from
extending above the soil surface where it can act as a wick and dry the surrounding soil.
If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers
of wire be cut and removed after the root ball is set in the planting hole.
The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and
the same depth as the root ball.
Position the tree or palm in the center of the planting hole with the top of the root ball even with the
surrounding soil surface.
Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed.
When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to
fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated
into the backfill. Rake the soil evenly around the entire planting area.
Water thoroughly to remove air pockets, secure the soil around the roots, and provide
nourishment.
B. Mulching
Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips,
bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from
the tree or palm trunk.
Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project.
C. Staking
Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential
vandalism or strong winds.
Use flexible materials such as strapping or commercially available ties that give as the tree
diameter increases and as the tree moves. Biodegradable material is recommended.
Do not use wire even if the wire is inside rubber hosing.
58
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Stakes and ties should remain on the trees no longer that one year to avoid girdling.
D. Pruning
At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be
removed.
Remove sucker sprouts from the base of the tree after planting.
Corrective/structural pruning can begin approximately one year after planting. Do not remove more
than 1/3 of the live crown during one growing season.
E. Watering
Establish a regular watering schedule and follow it. Slow deep watering is recommended.
Additional water may be needed during hot or dry periods.
As tree or palm growth progresses, be sure to water outward (away from the trunk) to the
surrounding soil area. This will promote the outward growth and spread of roots.
Various species of trees or palms and/or soil types may require varied degrees of watering. Soil
moisture and tree health should be monitored and irrigation adjusted accordingly. Non-irrigated
sites need to be monitored more closely.
F. Fertilizing
Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer
plugs/stakes are recommended.
Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of
the tree or palm and any special nutrient requirements).
If micronutrient deficiencies are suspected, have a soil test completed and supplement the
fertilization program accordingly.
59
BID NUMBER: RFP/DF-04/05-99
OPENING DATE:.JUNE 30, 2005@2:00 P.M.
ATTACHMENT J
FLORIDA DIVISION OF FORESTRY
DISTRICT/CENTER CONTACTS
Blackwater Forestry Center (Escambia, Santa Rosa, Okaloosa Counties)
Center Manager - Weldon Sonny Greene
850/957 -6140
Chipola River District (Bay, Calhoun, Gulf, Liberty, Holmes, Jackson, Walton, Washington Counties)
District Manager - Joe Anderson
850/872-4175
Tallahassee District (Leon, Wakulla, Jefferson, Gadsden, Franklin Counties)
District Manager - Tom Ledew
850/414-1131
Perry District (Taylor, Dixie, Madison, Lafayette Counties)
District Manager - John K. Fish
850/838-2290
Suwannee District (Columbia, Baker, Hamilton, Suwannee, Bradford, Union Counties)
District Manager - Mark Crow
386/758-5700
Jacksonville District (Duval, Clay, Nassau Counties)
District Manager - Bruce Hill
904/266-5003
Waccasassa Center (Alachua, Marion, Gilchrist, Levy, Putnam Counties)
Center Manager - Don West
352/955-2005
Bunnell District (Volusia, St. Johns, Flagler Counties)
District Manager - Mike Kuypers
386/446-6787
Withlacoochee Forestry Center (Pasco, Sumter, Hernando, Lake, Citrus Counties)
Center Manager - Winnie Schreiber
352/754-6777
Orlando District (Orange, Osceola, Seminole, Brevard Counties)
District Manager - John Koehler
321/690-6465
Lakeland District (Polk, Hillsborough, Pinellas Counties)
District Manager - Gary Zipprer
863/648-3163
60
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @2:00 P.M.
Myakka River District (Manatee, Sarasota, Charlotte, DeSoto, Hardee Counties)
District Manager - Ed Flowers
941/751-7629
Okeechobee District (S1. Lucie, Martin, Indian River, Highlands, Glades, Okeechobee Counties)
District Manager - Jim Rath
863/462-5160
Caloosahatchee District (Lee, Collier, Hendry Counties)
District Manager - Hank Graham
239/694-2181
Everglades District (Palm Beach, Broward, Dade, Monroe Counties)
District Manager - David Crane
954/475-4120
61
.crr.
VI.-CONSENT AGENDA
ITEM C.9.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetinll. Dates in to City Clerk's Office Meetinl! Dates
0 April 5,2005 March ]4,2005 (Noon,) 0 June 7, 2005
0 April 19, 2005 Apri14,2005 ONoon) ~ June 21, 2005
0 May 3, 2005 ~I ]8,2005 ONoon) 0 July 5, 2005
0 May 17,2005 May 2, 2005 ONoon) 0 July 19,2005
Date Final Form Must be Turned ill
to City Clerk's Office
May ]6,2005 ONoon)
June 6, 2005 ONoon)
June 20, 2005 ONoon)
July 5, 2005 ONoon)
" '.
~~
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
l"-J
U'j
0';
.! -::
J;,a
:1!:
......:......
:~
_.P, D.,...
r"<)
.:. .)
--'1
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CJ
......
~
RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with R.I. & J.
Financial, Inc. for the property at 7872 Terrace Rd, Lake Worth, FL (Tropical Terrace LT 116).
EXPLANATION:
The parcel covered by this agreement includes a single-family home located in Tropical Terrace. Only potable water
is available for connection to the property at this time. (See location map)
PROGRAM IMPACT:
A Water Distribution exists on this street, allowing for the service to this parcel. No additional construction will be
required by the City to serve this property.
FISCAL IMPACT: None
fY
V, l L 1\ \ ~ S
Department Name
City Attorney I Finance I Human Resources
XC:
Peter Mazzella (wi copy of attachments)
Michael Rumpf, Planning & Zoning
Anthony Penn
File
"
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND R.I. & J FINANCIAL, INC.;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 7872 Terrace Road, Lake Worth, Florida (Tropical
14 Terrace Lot 116); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in Tropical Terrace project area; and
17 WHEREAS, a water distribution main has recently been completed on this street
18 allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and R.I. &
28 J. Financial, Inc., which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Water Service\RI&J Financial Water Service Agreement-doc
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Attest:
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
S:\CA\RESO\Agreements\Water Service\R1&J Financial Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
T~ AGREEMENT made on this day of ,200--, by and between
R . :[ ::r. hi-. OJ\ if J :::if1 c.. hereinafter called the "Customer", and the CITY
OF BOYNTON BEACH, a mkicipal corporation of the State of Florid~ hereinafter called the
"City" .
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City at
the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
I. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property descnDed as follows and which Customer represents is owned by
.Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are /4 4 Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be respoDSlble for installation in conformance with all codes, rules and regulations
1
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of,the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other :facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable
Special Power of Attorney granting to the City the power and authority to execute and advance on
behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall ,;
cooperate with the City and not raise opposition or challenge to such annexation if and when;:
annexation is initiated. The property sbalI be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer wiD
inform any and all assigns or purchasers ofany or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shaIl not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Flo~ and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer an<I all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event
there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, ~ employees and agents
(Both in their individual and official capacities) from and against all claims, damages, law suits and
expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with
post judgment collection) and costs rising out of or resulting from the Customer's obligation under or
performance pursuant to this Agreement including disputes for breach of warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby_
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this / .,gw, day of
~1 , 200..s-:-
t7 -
WITNESS:
CORPORATION AS OWNER(S):
~ ~~_/ ---,
President's Signature
flQ(l~ S(/4""J-l.-h <.,
Printed ident's Name
~au ~l~
Witness Signature
,
S IJSlJlv {~OLC-(!V{
Printed Witness Name
,Lwk~ . hLu~~
Witness Signature
6 K e-fv fi (L.( t'~1. In tZ dd f' Y1
Printed Witness Name
3
,
f'tlJA;t/ C Q CL (lJ J
Printed Witness Name
v6.-u~~D- k, , )I( t:dJ!-~
Witness Signature
'7
6adoCd:,t'<.. /'vi, Jt1AdJ tv,
Printed Witness Name
-.R \C U (JI" fl t(p Iv ?
Printed Vice President/Secretary's Name
.-
cd;) /> /)# '
HC~~/l(/
Witness Signature
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afc esaid an, in the County afore~d to take acknowledgments, personally appeared
t)iJlk.- 'UI,zX-fl- ",. et/ ,f::tc#Att. ~.v-rt) S to me known to be the
person(s) described in and who executed the foregoing instrument that he/she acknowledged before
me that he/she executed the same; that the individual was ~nally known to me or provided the
following proof of identification: FL . ,j:) /2/ t/ ~ s- Lt c e -e.(S e- .
~. WITNESS my hand and o~ial seal in the County and State last aforesaid this /31/4 day of::
~ d.c'1 , 200~
~ -
(Notary Seal) NOTARY PUBUC-5TATE 0
~ J dith F FWRlDA
U A. Pyle
CO~OD # DD421091
Bonded UpU'eS: APR. 21, 2009
Thtu AtIandc Bonlling Co., fnc.
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
STATE OF FLORIDA )
4
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authoriz~d in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, City Manager and , City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscn'bing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed
thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
, 200_.
day of
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
5
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren. P .A.
3099 East Commercial Blvd,
Suite 200
Ft. lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF jJ/k-/tt g~
I/We, R,I. ~ J. ,:::",:;) (\ec.'rQI TA(", < , hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete::
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
OO-c[~-lf~ ~ lo- 07- 000- Jl~O
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall
'1J1 /
Grantee!
commence and be in full force and effect on the 13ft, day of
, 20 tJ 5' and the powers and authority shall be irrevocable by
,.
l' (/ Jj} 11/ tOLl / Iv J'
Printed Witness Name
IN WITNESS WHEREOF. we have hereunto set our hands and seals the /.3-/1,
~ (iAy . in the year two thousand and ..;;/ & ..
f/
Sealed and delivered in the presence of
~ML~'^, ~ ~
Wrtness Signature ./p;;;('~~~ ..-
~004!(j ,)G4C/4r+~~~
Printed President's Name
day of
/1 .1
~~~~_ if, 11L(j;~
Witness Signature
t6ti e bet 12C( }11' YVl t( d c.J ~. rJ
Printed Witness Name
S'fjJlh1/ Co Ltl/lf J'
Printed Witness Name
.k /" /;lZ ~
--:?/2<,^ ~~t /
Witness Signature
v1~"uL Jt\ ' 4-L:R.e4-L
Witness Signature
64~ lYe €4 )41. fYl?[ del e h
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT ~ acknowle.gged before me this i:#t, day
of ';1k'~ ,20 tiS-: by ~4-L1J ~ ILItl,e761114 and
I! u..:i-h4.t..~ ~ A/TtJ ~ -. who are known to me or who have produced
Fl., /)"'/~J I-tCl'VSE- . as identi~lake an oath.
NotARY rmuC.STATE OP FLORIDA NOc.Y PUBLIC !/
~ Judith A. Pyle '_
commission # DD421091 Type or Print Name
Expires: APR. 21, 2009 Commission No.
Bonded Thna Adudc Bonding Co., Inc.
Division of Corporations
Page I of 2
Florida Profit
R.I. & J. FINANCIAL, INC.
PRINCIPAL ADDRESS
2060 NW 15TH PLACE
DELRA Y BEACH FL 33445
MAILING ADDRESS
2060 NW 15TH PLACE
DELRA Y BEACH FL 33445
Document Number
PO:\OOOl18160
FEI Number
20tH 22 150
Date Filed
10/20/200:\
State
FL
Status
ACTIVE
Effectin Date
10/1 V20tH
Registered Agent
Name & Address
SCH\\',-\RTZU\N. RONALD
2060 N\\' 15m PL\CE
DELR-\ Y BE.\CH FL 33445
Officer/Director Detail
I Name & Address II Title I
SCHW,-\RTZl\l\. RON,\LD G
2060 NW 15m PLACE
DELR\ Y BEACH FL 33445
~ONTOS. RICH,\RD c:J
2060 N\\' 15m PLACE
DELR-\Y BEACH FL 33445
SCHW,-\RTZl\l\. RONALD [J
2060 N\\' 15TH PL.\CE
DELR-\Y BE.-\CHFL 33445
httD://wwwsunbiz,org/scriDts/cordet.exe?al =DETFIL&n 1 =P03000 118160&n2=OFFFWD", 5/2/2005
Divi si on of C orporati OilS
Page 2 of 2
I Report Year II Filed Date I
I 200.. " 02 2.. 2()(q I
I 2005 " 0.. 29 2005 I
Annual Reports
Previous Filing
R etu rn to List
Next Filing
No Events
No Name HistOlY Information
Document Images
Listed below are the images available for this filing.
04/29/2005 -- ANNUAL REPORT
02/14/2004 -- ANNUAL REPORT
10/20/200) -- Domestic Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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10/16/2883 15:27
954428569'3
GM FINANCIALGROUP
PAGE 82
!-1C;jc;(JC)30,\\LII ~
Articles of Incorporation
of
R.I. & J. Financial, Inc.
a Florida corporation
The undersigned incorporator( s) for the purpose of forming a corporati on un.der the Florida
. Business Corporation Act, hereby adopt( s) the following Articles of IncO!poration.
ARTICLE I - NA.l\1E
The name of the corporation shall be:
R.I. & 1. Financial, Inc.
ARTICLE II - PRINCIPAL OFFICE
The principal place of business and mailing address of the corporation shall be:
2060 NW 15th Place
Delray Beach, FL 33445
Filer:
OM Finaucjal GrQUP, Inc.
c/o Jaime Beard
1191 E. Newport Center Drive
Suite 103
Deerrleld Beach, FL 33442
(954)428.g899
(95'~ )428-6699 Fax
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Grvl FmANCIALGROUP
PAGE D3
I"
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ARTICLE HI - AUTHORIZED SHARES
The number of shares the corporation is authorized to issue is: ONE THOUSAND (1,000)
SHARES OF COMMON STOCK. ALL OF ONE CLASS, DESIGNATED AS COlv1:MON
STOCK HAVING A PAR VALUE OF TEN CENTS ($,10) PER SHARE.
The Board ofDirector(s) ofthe Corporation may authorize the issuance from time to time of
sha,'es of its stock of any class, whether now or hereafter authorized, or se,:urities convertible
into shares of its stock of any class, whether now or hereafter authorized, for such
consideration as the Board ofDirector(s) may deem advisable, subject to such restrictions or
limitations, if any, as may be set forth in the bylaws of the Corporation.
ARTICLE IV.. INITIAL REGISTERED AGENT AND ADDRESS
The name and address of the initial registered office is:
Ronald Schwartzman
2060 NW 15th Place
Delray Beach, FL 33445
ARTICLE V - INCORPORATOR(S)
The name(s) and street addressees) of the incorporator(s) to these Articles of Incorporation:
Ronald Schwartzman
2060 NW 15t11 Place
Detray Beach, FL 33445
-2-
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GM FINANCIALGROUP
PAGE 84
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ARTICLE VI - INITIAL BOARD OF DIRECTORS
The corporation shall be managed by a Board of Directors consisting of no less than one
director(s). The number of directors may be either increased or diminished from time to
time, as provided in the bylaws, but shall never be less than one,
The narne(s) of the initial director(s):
President:
Vice Presjdent:
Treasurer:
Ronald Schwartzman
Richard Kontos
Ronald Schwartzman
ARTICLE VII - AMENDMENTS
The corporation reserves the right to amend, alter, change, or repeal any provision in these
Articles of Incorporation, or in any arnen.dment hereto, or to add any provision to these
An:icJes of Incorporation or to any amendment hereto, in any manner now or hereafter
prescribed or permitted by the provisions of any applicable statute of the State of Florida, and
all rights conferred upon shareholders in these Articles or any amendment hereto are granted
subject to this reservation..
ARTICLE VIII - ,PURPOSES
Bmiiness Purpose: To buy and sell real estate.
- 3 -
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~IX.. SUB-CHAPTER S CORPORATION
Tflc Corporation may elect to be an S Corporation,. as provided in Sub.Chapter S of the
Imernal Revenue Code of 1986, as amended. The shareholders of thi.5 corporation may elect
and, if elected, shall continue such election to be an S Corporation as provided in Sub-
'Cbapter S of the Internal Revenue Code of 1986, as amended, unless the shareholders of the
corporation unanimously agree otherwise in writin.g.
After this corporation has elected to be an S Corporation, none of the shareho tders of this
Corporation, without the written consent of all the shareholders ofthis corporation shall take
any action, or make any transfer or other disposition of the shareholders' shares of stock in
the corporation, which wiU result in the termination or revocation of such election to be an S
Corporation, as provided in Sub-Chapter S of the Internal Revenue Code of 1986, as
amended.
Once the corporation has elected to be an S Co.rporation, each share of stock issued by this
corporation shall contain the following legend:
"The shares of stock represented by this certificate cannot be
transferred ifsuch transfer would void the election ofthe corporation
to blC taxed Wlder Sub-Chapter S of the Intern",l Revenue Code of
-4-
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10/16/2083 15:27
954428659'3
GM FINANCIALGROUF
P,~GE De,
\ I ' ) '" " . ." ':::> ".. Ii. '.. '--.,
'Ii '-.,' :~C(~C ,~l~ d'-i t ~
1986, as amended."
ARTICLE X. SUAREHOLD,ERS' RESTRICTlVE AGREEMENT
All of the shares of stock of thls corporation may be subject to a shareholders' restrictive
agr~ement containing numerous restrictions on the rights of shareholders of the corporation
and transferability of the shares of stock of the corporation. A copy of the Shareholders'
Restrictive Agreement, if any, is on, fHe at the principal office of the corporation.
ARTICLE XI - POWERS OF CORPORATIO~
The corporation shall have the same powers as an individual to do all things necessary or
convenient to carry out its business and affairs, subject to any limitations or restrictions
imposed by applicable law or these Articles of Incorporation.
ARTICLE XII - TERM OF EXISTENCE
This corporation shall have perpetual existence.
ARTICL.E XIII- BYLAWS
The Board of Director(s) of the Corporation shall have power, without the assent or vote of
the shareholders~ to make, alter. amend or repeal the Bylaws of the COtporatjon~ but the
affirmative vote of a number of Director(s) equal to a majority of the number who would
constitute a full Board ofDirector(s) at the tin1e of such action. shall be necessary to take any
action for the making, alteration~ amendment or repeal of the Bylaws,
-5-
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10/15/2003 15: 27
9544286699
GM FINANCIALGROUP
PAGE 8:3
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CERTIFICATE OF DESIGNATION
REGISTERED AGENT/REGISTERED OFFICE
PUfsuam to the provisions of section 607.0501, Florida Statutes, the undersigned corporation,
organized under the laws of the State of Florida, submits the following statement in
designating the registered office/registered agent, in the State of Florida.
1. The name of the Corporation is:
R.L& 1. Financial, Inc.
2. The registered agent and office is:
Ronald Scbwartzman
2060 N\V 15th place
Delray Beach, Fl 33445
Having been named as registered agent and to accept service of process for the above stated
corporation at the place designated in this certificate, I hereby accepted the appointment as
registered agent and agree to act in this capacity. I further agree to comply with the
provisions of all statutes relating to the proper and complete perfonnance of my duties, and I
am familiar wit d accept the obligations of my position as registered agent.
"/~
/' .- ./ ./:.,/
~ald Sch~artzman
;; >.., .~
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10/lS/20(tj 15: 27
9544286599
GM FINANCIALGROUP
F'AGE 0'3
\.-l C~"~C~Ct~\l \ llll '~
Consent to obtain ASSISTANCE in the preparation
of Articles of Incorporation for
R.I. & J. Financial4t Inc.
BE IT KNOWN, that the office ofGM Financial Group, Inc., has provided assistance
to the undersigned in filing Articles of Incorporation with Florida Department of State,
Di vision of Corporations.
Each Corporation is a separate entity and as such has specific goals, needs and
'requirements. It is therefore recommended by this office that corporate documents be
reviewed by your legal counsel. We have provided assistance only in filing your Articles of
Incorporation, providing a tax and accounting se.rvice and do not attempt to render any legal
advice.
Ifthere is more than one unrelated shareholder, it is strongly recommended that legal
counsel be retained to prepare a shareholder's agreement, a buy/sell agreement and other
agreements which clearly address potential conflicts between shareholder's clarifying how
such conflicts will be legally resolved.
THE PROFESSIONAL ADVICE OF YOUR LEGAL COUNSEL TO ASCERT AlN
EXACT COMPLIANCE WITH ALL STATUTORY REQUIREMENTS IS STRONGLY
RECOMMENDED. I(WE), THE UNDERSIGNED INCORPORA TOR(S), HEREBY
CLEARL y UNDERSTAND THAT THE OFFICE OF OM FINANCIAL GROUP, INC., IS
ONL Y PROVIDING ASSISTANCE IN FILING ARTICLES OF INCORPORA. TION FOR
R.I. & J . Financial'} Ine A DEPARTMENT OF STATE, DIVISION OF
CORPORA TrONS, AND THE OFFICE OF GM FINANCIAL GROUP INC., HAS
CLEARLY RECOMMENDED TOME (US) TO SEEK PROFESSIONAL ADVICE FROM
LEGAL COUNSEL TO ENSURE THAT ALL LEGAL MATTERS ARE PROPERLY
ADDRESSE D//""n-
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/' /
, /
. /
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Ronald Schwartzman
)0-/17--('; ~)
{ -
Date
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1@/15/2003 15:27
'354428559'3
13M FINA"iCIALGI':OUP
PAGE 10
)-l O,~c,[)o3c' I ~ I 3
Department of State
Division of Corporations
P,O, Box 6327
Tallahassee, FL 32314
SUBJECT: Rl. & J Financial. Inc.
(Proposed corporate name)
To W110m It May Concern:
Enclosed please find original Articles of Incorporation together with one (1) copy
along with a check in the amount of $70.00 to cover the filing fees for the abovementioned
corporation. Please send acknowledgment receipt to:
Ronald Schwartzman
2060 NW I Sill Place
Delray Beach, FL 33445
c/o GM FINANCIAL GROUP, INe
1191 E. Newport Center Drive, Penthouse B
Deertield Beach, FL 33442
\--Lr')?()(v\2.. r\ II 1 I I '1
Pap I
ElICft)W No: 84238
'11..111111111111111'.
ThiI IIIIIInImeDt Prepeml by LIureen Galvin
FJaa" Tide CGIIIpIDy
1897 Palm Belch LUa Blvd., Suim 125
Wea1 PUn Ibch, Florida 33409
Rmmn to 0rmIIle
2060NW ISthPlace
Delnly Bc:ach. Florida 33445
Property ~1 1.0. (Folio) Number(.);
Ol),..U4S-10-07. 160
\(~
\/)) WARRA.N7Y DEED
\~/~o t
71,i, W CU'nI~ Made the ~ clay of May, 2005, hI. MarIe Pua-u. a single man heroinafta- called die
grmtor,whme~~il: 11 5". Oc.-tlm 01,,01 tL7E, So.M'h A11t'1 f3t.QcI...~.I."j,vXJ
~F . c;.1," Com.-/
To R.l &; J. Financi.~I' ~"WIlose post office address is: 2060 NW 15tb Place, Delray Beach, Florida 33445,
hereinaftao called the
oil t-
WTNIJSSErH, s..... - ,"'" - "Sl~" DolIon ... ............
conlideratious, receipt ~ . - aclmowleclJcd bcrcby gnmts, bupins, seD.. aliens, raniseI, releues,
conveys IIDd CClIIfinns unto . all that cer1aiD land situate in Palm Beach County, Florida, viz;
1.00(.) II~ 11<<JPICAL '*,,, " "" ... _ m m. " "" ..... of "" ""'" .r "" "",,"I
Court in IIDd fOl' Palm Beach 'dB, m:onIed in Plat Book 22, Page S8. Said lands situate, Iyins and being
in PalmBcac:h County, Florida, Q
~
~~i\
\. v
SUBJECT TO reslrictiOlll, rceavations, . and CCMIl8Il1s of record. if any, to die extent that same are
valid and enforceable. l~;:./~,
/'f-.
TOGEJ!IER with all the teDemmta, ~ ~ appurlenancea thereto belmging 01' in anywise
appertaining. ~ h<,-.,~_
V;. '-.,
TO HAVE AND TO HOLD. the same in fee Iimp~;)
~l
AND 11lE GRANTOR hereby COYeIl8lltI with said ~~ the Ilf1IIItOI' is lawfully seized of said land in fee
simple; that die JI1IIl1Dr bu good right and lawful autbority~" IIid land; that die gnmtor hacby fully
WIII'nD1s the title to said land and will deCald tbc aamc: apinst claims of all peIIlIIIS wbomsoewr; and that
said land is free of aD CJICWIIbraDcea, except 1Bxe8 accnJing to December 31, 2004.
(The IemII"JnIIIOI'" and...... bcreia ahlll be __ III include 11I1.... /;~ or pIlnI u Ibe -l8dicaIa)
~
IN WITNESS WHEREOF, Grantor has hereunto set ~~--'~I, and ICaI the clay and year tint
above written. /;>;,
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-~ ~
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Prin1l:d NIIIIIC;' Mart n.-u
Wi1Das SipMare: L . ' ~.
PriDIaINIIIIIC: 1.. --;
CFN 20050284965
OR BK ~8557 PG 1662
RECORDED 85/11/21t5 13,39:24
Pal. s..caa County, Florida
AItT 148,......
Doc St.., 1, <<J6.1II
Sharon R. Bock. CLERJ[ .. COIIP1'ROLLII
Pga 1662 - 1663, (2pga)
LS.
Book18557/Page1662
Page 1 of 2
Pqre 2
E_ No: tw238
lVARRAN7Y DEED, G",fin-J
STATE OF FIGrida
COUNIY OF PUn Beach
The foregoing iDIlrumeat was acknowtcdpd before me this 4" day of May, 200S, by Mark Dusseau, a siDgIe I1IID,
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Page 2 of 2
Palm B~ach County Property Appraiser Pfl)pe~! S~9}'ch System
Page 1 of2
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Pnlperty Information
Location Address: 7872 TERRACE RD
~IILuJ
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-10-07-000-1160
Subdivision: TROPICAL TERRACE IN
Official Records Book: 12224 Page: 1567 Sale Date: Dec-20oo
Legal Description: TROPICAL TERRACE LT 116
Owner Information
Name: DUSSEAU MARK
~.I
Mailing Address: 7872 TERRACE RD
LAKE WORTH FL 33462 6146
Sales Information
Sales Date Book/Page
Price Sale liype
Owner
r....-.".I
Dec-20oo 12224/1565
Dec-2000 12224/1567
Oct-20oo 12053/1735
$10 QUIT CLAIM PROFILE INVEST INC
$40,000 WARRANTY DEED DUSSEAU MARK
$8,000 TAX DEED LUKE INVESTMENTS INC
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year: 2004
Improvement Value: $4445
Land Value: $15,66
Total Market Value: $60,121
Use Code: 0100 Description: RESIDENTIAL
Tax Year 2004
Number of Units: 1
*Total Square Feet: 1041
* in residential properties may indicate living area.
A
d
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ssesse an axa e a ues
Tax Year: 2004 ;Z003 2QO~
Assessed Value: $60,121 $55180 S48,97 ~
Exemption Amount: $Cl $1 $l
Taxable Value: $60,121 $55,80 $48.97
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
200~
96
$18
$1,14
~
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Record Search I Information I Exemptions ICommunity I Employment I NewH9me Buyer I Qffice Locations
Value Adjustment Board I Save Our Homes I Senior COrner I Disclaimer
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VI.-CONSENT AGENDA
ITEM C.I0
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5,2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) I:8J June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
,
..,._~. ""--
. " --'.
.', --<
D Administrative D Development Plans
I:8J D -< -T-:
Consent Agenda New Business /,.,) ( J
D Public Hearing D Legal .c- o C:'J
D Bids D Unfmished Business -0 .~, ) --;
-'1\.'"
'-:la I~
D Announcement D Presentation :~:z
"'1'1
"11 co
D City Manager's Report G) -r..,
,(~)>
~ , 1(")
:z
RECOMMENDATION: Approve the Traffic Enforcement Agreement between the City of Boynton Beach and the
Crossings of Boynton Beach Condominium Association, Inc.
EXPLANATION: The Traffic Enforcement Agreement provides authority for the police department to enforce traffic
infractions occurring on private and limited access roads within the Crossings of Boynton Beach development but does not
create a specific requirement to do so.
PROGRAM IMP ACT: This agreement will not create any adverse impact on the operation ofthe police department.
FISCAL IMPACT:
None.
AL TERNA TIVES:
None.
~
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/ Department Head's Signature
Marshall B. Gage,
Chief of Police
City Manager's Signature
Police
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4 RESOLUTION ROS-
5
6
7 A RESOLUTION OF THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA,
9 AUTHORIZING AND DIRECTING THE MAYOR
10 AND CITY CLERK TO EXECUTE AN AGREEMENT
11 FOR TRAFFIC ENFORCEMENT BETWEEN THE
12 CITY OF BOYNTON BEACH, FLORIDA AND THE
13 CROSSINGS OF BOYNTON BEACH
14 CONDOMINIUM ASSOCIATION, INC.; AND
15 PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, The Crossings of Boynton Beach Condominium Association,
18 Inc., (hereinafter referred to as "Association") owns or controls certain private roads
19 lying and being in the City of Boynton Beach, Florida; and
20 WHEREAS, Association does not have the power to enact or enforce traffic
21 laws within the Association, nor can it hire others with police power to do so; and
22 WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes, the
23 Association hereby grants to the City of Boynton Beach, municipal traffic control
24 jurisdiction over all those certain private roads in said Association.
25 NOW, THEREFORE, BE IT RESOL VED BY THE CITY
26 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida does
31 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic
Enforcement between the City of Boynton Beach, Florida and The Crossings of Boynton
2 Beach Condominium Association, Inc., attached hereto as Exhibit "A".
3
Section 3.
This Resolution will become effective immediately upon
4 passage.
5 PASSED AND ADOPTED this _ day of June, 2005.
6
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 Mayor
12
13
14 Vice Mayor
15
16
17 Commissioner
18
19
20 Commissioner
21
22
23 Commissioner
24 ATTEST:
25
26 City Clerk
27
28 (Corporate Seal)
29
30
31
32
2
CITY OF BOYNTON BEACH
MEMORANDUM
TO:
Steve Graham, Assistant Chief of Police
Lynn Swanson, Legal Assistant ~
May 18, 2005
FROM:
DATE:
RE:
Traffic Enforcement Agreement - The Crossings
Attached are two original Traffic Enforcement Agreements which this office received from
The Crossings of Boynton beach Condominium Association. This item may be placed on an
upcoming agenda by your department for consideration by the City Commission.
Should you have any questions or wish to discuss this matter, please do not hesitate to
contact me.
/lms
S:\CA\MEMORANDUM\Transmittal - to Graham (TEA Crossings).doc
AGREEMENT
THIS AGREEMENT is entered into, this _ day of May, 2005, by and between:
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of
Florida, with a business address of 100 East Boynton Beach,
Florida 33425, hereinafter referred to "CITY,"
and
THE CROSSINGS OF BOYNTON BEACH CONDOMINIUM
ASSOCIATION, INC., a condominium association of the
development known as The Crossings of Boynton Beach
("Development"), having a business address of 36 Crossings
Circle, Boynton Beach, FL 33435, hereinafter called
"ASSOCIATION."
WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private
property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding
those of traffic control and enforcement; and
WHEREAS, ASSOCIATION specifically recognizes the above; and
WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction
for traffic regulation purposes over any private or limited access road or roads of specified
private segments of the ASSOCIATION, pursuant to ~316.006(b) Florida Statutes;
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual covenants and
undertakings of the parties hereto, and other good and valuable considerations, the parties hereto
covenant and ag:ee, .~~ch with the other as follows:
1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true
and correct and incorporated herein.
2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the
jurisdiction of CITY over any private or limited access road or roads within the property
indicated on the map attached hereto as Exhibit "A," for traffic control purposes.
3.0 The ASSOCIATION shall provide CITY with a Resolution of the
ASSOCIATION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's
services hereunder and authorizing the ASSOCIATION to enter into this Agreement.
Traffic Enforcement - The Crossings
Rev. 05-12-05
4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for
traffic control purposes over any private or limited access road or roads within the property
within the Development listed on attached Exhibit "A."
4.1.The City of Boynton Beach Police Department agrees to provide a minimum
base level of traffic enforcement service on all those certain private roads in the Development
identified in Exhibit "A."
4.2.The level of service provided the CITY shall be determined solely by the
Boynton Beach Chief of Police and shall be based upon the availability of police personnel.
4.3.The Police Department shall choose the hours and days of operation, but
these choices shall be based upon information from ASSOCIATION and the observations of the
Boynton Beach Police Department and Public Works Department.
5.0 Signs and Markings. In order to permit CITY to perform pursuant to the tenns
of this Agreement, and to ensure appropriate jurisdictional and enforcement authority:
5.1. All traffic control devices on and along the private or limited access roads
within the Development identified in Exhibit "A" must conform to the requirements contained
in the United States Department of Transportation Manual on Uniform Traffic Control Devices
for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination
as to whether signs or other traffic control devices meet the installation requirements and/or
conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The
CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory
traffic control within the ASSOCIATION.
5.2 In the event ASSOCIATION has installed traffic calming devices that do
not conform with existing CITY and MUTCD standards, on or along the private or limited
access roads within the Development identified in Exhibit "A," such as speed humps and/or
speed bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed
within thirty (30) days of execution of this Agreement if CITY so requests or a traffic
engineering study determines that the existing traffic calming devices are not warranted.
Further, ASSOCIATION shall not install any traffic calming devices on or along its private or
limited access roads during the term of this Agreement without the express written consent of the
City of BO)'l1tOD Beach Public Works I:epartment.
5.3 ASSOCIATION shall purchase and install all signs, signage, posts,
pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary
for traffic control purposes. Should CITY determine that traffic-calming measures are
appropriate, ASSOCIATION shall incur all costs of designing and installing such measures.
ASSOCIATION shall be responsible for maintenance of any traffic control devices and traffic
calming measures necessary or desirable for the enforcement of traffic laws.
6.0 Insurance. The ASSOCIATION agrees to maintain insurance under its general
liability policy for all actions arising out of or in any way connected to this Agreement under
minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk
Manager upon execution of this Agreement.
Traffic Enforcement - The Crossings
Rev. 05-12-05
7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's
private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure
access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding
of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any
delay in access to ASSOCIATION property. ASSOCIATION shall provide gate access codes to
the Public Works Department for purposes of conducting traffic engineering analyses.
8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of
execution, provided that either party may terminate this Agreement without penalty upon sixty
(60) days notice by notifying the opposite party in writing of its intention to do same.
9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the
authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce
all laws of the nation, state, county and city other than for traffic control purposes, and same is
done by Boynton Beach Police Department and other appropriate law enforcement agencies
pursuant to law, and not through this or any other Agreement.
10.0 Notices. All notices which shall or may be given pursuant to this Agreement
shall be in writing and delivered personally or transmitted (a) through the United States mail, by
registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service;
or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery
through the U.S. mail or by overnight delivery service as just described, addressed as follows:
To CITY: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
with a copy to: Marshall Gage, Chief of Police
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Telephone No. (561) 742-6100
Facsimile No. (561) 742-6185
To ASSOCIA nON: Christopher A. DeLi so
Attn: President
The Crossings of Boynton Beach Condominium Association, Inc.
36 Crossings Circle
Boynton Beach, FL 33435
Telephone No. (561) 737-0408
Facsimile No. (561) 737-4946
Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after
deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery.
Either party may from time to time designate any other address for this purpose by written notice
to the other party delivered in the manner set forth above.
Traffic Enforcement - The Crossings
Rev. 05-12-05
11.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall.
continue in full force and effect, and be enforced to the fullest extent permitted by law.
12.0 Modification of Agreement. This Agreement may be modified upon mutual
consent of the parties only in writing, and executed with the same dignity herewith.
13.0 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply due to the joint contribution of both parties.
14.0 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
15.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida, with venue lying in Palm Beach County, Florida.
16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall
preclude the parties from modifying this Agreement during the term of such, or, upon completion
of the term, entering into another Agreement, to provide for additional or revised terms.
IN WITNESS WHEREOF, CITY and ASSOCIATION have executed this Agreement
by their duly authorized officers, this _ day of ,2005.
CITY OF BOYNTON BEACH
BY:
ATTEST:
MAYOR
BY:
CITY CLERK
APPROVED AS TO FORM:
BY:
OFFICE OF THE CITY ATTORNEY
Traffic Enforcement - The Crossings
Rev. 05-12-05
THE CROSSINGS OF BOYNTON BEACH
CONDOMINIUM ASSOCIA nON, INe.
BY:~~
PRESIDENT
PRINT NAME: ~111 (-ee r1 C (r<.J J 1
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
BEFORE ME, an Of~ authorized by law to administer oaths and take acknowiedgment:.i,
personally appeared ~ as President of THE CROSSINGS OF BOYNTON
BEACH CONDOMINIUM ASSOCIATION, INC., on behalf of and duly authorized to execute
the same, and acknowledged he executed the foregoing Agreement for the use and purposes
mentioned in it, and who is personally known to me or has produced
as identification.
OF THE FOREGOING, I have set my hand and official seal at in
said on this I, day of ~2005.
NOTARYPUBLI
My Commission Ex
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Lisa Simshauser
Secretary
Carol Parrish
Director
BOARD OF DIRECTORS
* Christopher A. DeLi so
President
* Kathleen Carroll
Vice President
Al Whitten
Treasurer
36 Crossings Circle
Boynton Beach, FL 33435
(561) 737-0408 · Fax (561) 737-4946
* Licensed Community
Association Manager
May 10, 2005
City Of Boynton Beach Police Department
100 East Boynton beach Blvd.
Boynton Beach FL, 33435
To Whom It May Concern:
Please be advised that the board of directors authorize the Boynton Beach Police
Department to enforce the traffic laws on the above mentioned property.
Sincerely,
The Board of Directors
EXHIBIT "B"
VI.-CONSENT AGENDA
ITEM C.ll.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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D April I 'J. 2()O5 A pri I 4, 2()()5 (Noon)
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D May 17. 2()()5 May 2. 2()()5 (Noon)
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o July 5. 2()05
o July I'J,2()05
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RECOMMENDATION: Approval of this Interlocal Agreement with the Village of Golf for the provision of Fire Rescue
services.
EXPLANA nON: The Village of Golf is interested in a ten ( 10) year cooperative agreement with the City for Fire Rescue
services effective October L 2005 through September 30, 20 15, This is a renegotiated extension of an Interlocal Agreement
that has been in effect since October I, ] 998,
PROGRAM IMPACT: The Fire Rescue Department has analyzed the operational and administrative impact of this
relationship. The Department is able to effectively handle the current generated call volume and will use revenue generated
from this Agreement to fund future additional personnel and other necessary resources to ensure adequate fire rescue
coverage to our four service areas as well as complement services offered to the citizens of Boynton Beach,
FISCAL IMPACT: This Agreement provides f(.)I" the Village of (iolfto pay the City $105,820.00 during the first year of the
Agreement with an adjustment formula provided for the second and subsequent years, ensuring a minimum of a 4% annual
II1crease.
ALTERNATIVES: Do not approve this Interlocal Agreement.
Department Name
FIRE RESCUE
S,\BlIIIJ'TIN\i'()){MS\A(il'NDA ITI'M RH)IJliSll'(}RMI)()('
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City Manager's Signature
City Attorney / Finance / Human Resources
1 RESOLUTION ROS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF AN
5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND THE VILLAGE OF GOLF,
7 PROVIDING FIRE RESCUE SERVICES; AND
8 PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, the City Of Boynton Beach currently has an Interlocal
11 Agreement for Fire Rescue Services which has been in effect since October 1,
12 1998 with the Village of Golf; and
13 WHEREAS, the Village of Golf is interested in a ten (10) year cooperative
14 Agreement with the City of Boynton Beach; and
15 WHEREAS, the Interlocal Agreement provides for the Village of Golf to
16 pay the City $105,820.00 during the first year of the Agreement with an adjustment
17 formula provided for the second and subsequent years, ensuring a minimum of a
18 4% annual increase; and
19 WHEREAS, upon the recommendation of staff, the City Commission does
20 hereby approve the Interlocal Agreement between the City of Boynton Beach and
21 the Village of Golf, a copy of which is attached hereto and made a part hereof.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and
25
confirmed as being true and correct and are hereby made a specific part of this
26
Resolution upon adoption hereof.
27
Section 2.
The City Commission does hereby authorize execution of
S:\CA\RESO\Agreements\lnterlocalsWillage of Golf Fire Services Agr.doc
this Interlocal Agreement between the City of Boynton Beach and the Village of
2
Golf, which Agreement is attached hereto and made a part here.
3
Section 2
That this Resolution shall become effective immediately
4
upon passage.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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PASSED AND ADOPTED this _ day of June, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\lnterlocals\Village of Golf Fire Services Agr.doc
ADMINISTRATION
21 COUNTRY ROAD
VILLAGE OF GOLF
FLORIDA 33436-5299
(561) 732-0236
FAX (561) 732-7024
SECURITY DEPARTMENT
(561) 734-2918
UTILITY DEPARTMENT
(561) 737-7995
May 18, 2005
Chief Bingham
Boynton Beach Fire Department
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Dear Chief Bingham:
Enclosed please find an adopted Interlocal Agreement for Fire Rescue
Services between the City of Boynton Beach and the Village of Golf.
Please place this on your agenda for approval and forward a copy back to
my office after execution by the City of Boynton Beach. Thanks for all of
your assistance with this agreement and if there is any additional
information needed, please let me know.
Sincerely,
~/IM
Carrie P. Hill
Village Manager
INTERLOCAL AGREEMENT PROVIDING FOR FIRE RESCUE SERVICES IN
THE VILLAGE OF GOLF BY THE CITY OF BOYNTON BEACH
t:V .
This Agreement, made and entered into thisd;7 day of ~,1..1...2005
by and between the City of Boynton Beach, Palm Beach County~orid~a
municipal corporation, hereinafter referred to as "City" and the Village of Golf,
Palm Beach County, Florida, a municipal corporation, hereinafter referred to as
"Village".
WITNESSETH:
WHEREAS, the Village presently does not maintain a Fire Protection and
Fire Rescue Department with firefighting and emergency medical equipment and
personnel, and desires the City to provide fire and rescue services to the Village;
and
WHEREAS, the City does presently maintain a Fire Protection and Fire
Rescue Department and desires to provide fire and rescue services to the
Village; and
WHEREAS, the City will maintain or improve the standards of fire and
rescue services to the Village as currently provided by the City within its
municipal limits; and
WHEREAS, the City has a mutual aid agreements with Palm Beach
County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue;
and
WHEREAS, the City and Village desire to enter into a cooperative
arrangement providing fire and rescue services benefiting public safety and local
government; and
WHEREAS, Section 163.01 Florida Statutes, permits public agencies to
enter into inter/ocal agreements with each other to jointly exercise any power,
privilege, or authority, which such agencies share in common and which each
might exercise separately; and
WHEREAS, it is deemed mutually advantageous to enter into this
Agreement for the express purpose of cooperating in the provision of fire and
rescue services without regard to territorial boundaries, which shall benefit
mutually and equally the citizens of each party; and
WHEREAS, the City will provide fire and rescue services to the Village in
conformance with City and Palm Beach County Fire Code Ordinances; and
WHEREAS, the City will provide fire and rescue equipment and personnel
to ensure that the Village will receive the same or improved standards of fire and
rescue services; and
1
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants
hereinafter set forth, the parties hereto, hereby agree as follows:
SECTION 1.
PURPOSE
(a) This Agreement constitutes an interlocal agreement authorized by
Section 163.01, Florida Statutes, being a joint exercise of power shared in
common, which any City could exercise separately and shall be filed with the
Clerk of Circuit Court in and for Palm Beach County, Florida.
(b) The purpose of this Agreement is to provide fire protection, fire
rescue, and advanced life support within the municipal limits of the Village by the
City Fire Rescue Department. Fire Rescue shall include advanced life support
as that term is defined by section 401.23 Florida Statutes. Fire protection shall
include plan review, fire code enforcement, building inspection, fire suppression,
and fire investigation.
SECTION 2.
TERM OF AGREEMENT
The term of this Agreement shall be for a period of ten (10) years
commencing October 1, 2005 and ending September 30, 2015, unless sooner
terminated as provided herein. This agreement shall be renewable for additional
predetermined periods upon the written agreement of both parties.
SECTION 3.
SERVICES RENDERED
The City, through its Fire Rescue Department, shall provide fire protection, fire
rescue, fire inspection, fire investigation, and advanced life support services 24
hours per day, 365 days per year, within the municipal limits of the Village
throughout the term of this Agreement.
a This Inter/ocal A reement shall not be construed to im ose an obli ation
duty or responsibility whatsoever on the City to provide any specific t~pes, kinds,
or numbers of emerGency personnel or apparatus at any fire station of the City,
or at any emerqency scene within the VillaGe boundaries at any specific time.
The City will dispatch and assiGn the closest, appropriately staffed and available
vehicle s to emer encies within the Villa e consistent with the level of resources
available to the City and the level of service provided to City residents.
(b) The parties hereto further understand and agree that a possibility exists
that the City of Boynton Beach Fire Department may receive simultaneous calls
for separate accidents, fires and other public safety problems. In the event of a
simultaneous occurrence of emergencies, the judgment of the Fire Chief of the
2
City, or the senior Fire Department Officer on duty at the time, as to which call
should receive first priority response, shall be binding upon the parties hereto. If
the City cannot respond to a call for assistance due to multiple calls and/or
alarms in progress, all reasonable efforts will then be made by the City to arrange
for a suitable response from another agency or jurisdiction cooperating with the
City through various mutual aid agreements in effect at the time.
(c) The Fire Chief of the City of Boynton Beach shall have full and
complete authority through the normal chain of command over the operation of
the City of Boynton Beach Fire Department personnel, vehicles and equipment
while in the Village of Golf.
(d) The City Fire Department shall have complete authority and control
over the use and deployment of any and all apparatus and equipment acquired
by the Village for its use and to support this Agreement during its term.
(e) The Village officials, employees, residents and citizens shall not
interfere with the direction, management and deployment of the City Fire
Department, its personnel or equipment at any time during fire fighting or other
emergency situations.
(f) The Village shall report all street and road closures/openings to the
City Fire Department immediately, as well as report any hydrant and/or water
supply problems.
(g) The City assumes no responsibility for emergency preparedness
planning and program implementation for the Village.
(h) The City will provide the same level of service to the Village relative to
hazardous materials incidents as it provides to its own residents. The City's
hazardous materials response is governed by the Palm Beach County Regional
Hazardous Materials Response Ordinance of 1998 ("County Haz-Mat
Ordinance), which is incorporated herein, and made a part hereof by reference.
As set forth in the County Haz-Mat Ordinance, recovery of all costs associated
with a discharge or threatened discharge of hazardous substances will be sought
against the persons responsible for causing or allowing a discharge or
threatened discharged. To the extent that costs are actually incurred by the City
in responding to a hazardous material incident within the corporate limits of the
Village and the City (or the County on behalf of the City), using its best efforts, is
unable to recover such costs from the responsible persons or the Federal
Government in accordance with Section 7 of the County Haz-Mat Ordinance, the
Village shall reimburse the City for certain expended supplies and consumables,
namely, chemical absorbents, hazardous materials vapor suppressions, chemical
testing agents, and hazardous materials recovery drums and/or other containers
used by the City Fire Rescue Department.
3
(i) The City is permitted to invoice residents of the Village for appropriate
emergency medical service fees under the same terms and conditions as those
for residents of the City
SECTION 4.
PAYMENT
In consideration of the City providing the services set forth in Section 3,
the Village agrees to pay the City One Hundred Five Thousand Eight Hundred
Twenty Dollars ($105,820) during the first year of this Agreement, payable in two
equal, annual installments on January 15 and April 15.
Commencing October 1, 2006, the annual compensation for fire rescue
services to be rendered by the City to the Village shall be adjusted annually. Per
mutual agreement of the parties, such compensation may be adjusted to offset
any increased costs of providing the enumerated services and programs due to
unfunded mandates of the Federal, State, or County government and to address
any unforeseen events or contingencies. The adjustments contemplated in this
subsection shall be in addition to the annual adjustment set forth below.
Before July 1, 2006 and annually before July 1 of each succeeding year of this
Agreement, the initial compensation payable by the Village to the City ($105,820)
shall be adjusted effective October 1, 2006 and as of October 1 of each
succeeding year of this Agreement. The annual adjusted compensation
commencing October 1,2006 and for each succeeding year of this Agreement
shall be determined by incorporating the May All Urban Consumer Price Index
(CPI) in accordance with the Department of Labor - Department of Statistics or
an increase of four percent (4%), whichever is greater.
Adjusted compensation for fire rescue services shall be paid by the Village to the
City in two equal installments annually on January 15 and April 15 throughout the
term of this Agreement.
The City's fee for inspection and plan review of existing and new
development or redevelopment within the Village shall be charged directly to the
existing and new development or redevelopment in accordance with the
applicable City Ordinance.
SECTION 5.
NOTICES AND PAYMENTS
All notices and payments between the parties hereto shall be mailed by
certified mail, return receipt requested, and/or fax to the following addresses,
respectively (payments should be sent via certified mail and need only be sent to
the City Manager):
4
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Village Manager
Village of Golf
21 Country Road
Village of Golf, FL 33436
SECTION 6.
CODE
The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be
amended, including NFPA 1 Fire Prevention Code (2000 edition) and NFPA Life
Safety Code (2000 edition), in addition to any local amendments adopted by the
City in accordance with section 633.0215, Florida Statutes, shall apply within the
Village's municipal limits.
Sections 2.5-8,2.5-9,2.5-11,2.5-12,2.5-13 and amendments hereafter of
the City Code of Ordinances, "Alarm Systems" shall be incorporated herein by
reference in this Agreement. The City shall remit false alarm charges to the
Village. The Village shall notify alarm users of charges due, requesting payment
thereof pursuant to Section 2.5-13 of the City Code of Ordinances, "Alarm
Systems". That section imposes a fine for more than three (3) false alarms in
any twelve-month period, exclusive of false alarms caused by acts of God or
other natural forces.
The City shall promptly provide the Village with copies of all new
legislation, including but not limited to ordinances, resolutions, policies, or
procedures which may be enacted by the City that may affect Chapter 2.5
entitled "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and
Prevention" of the City of Boynton Beach Code of Ordinances.
SECTION 7.
ADMINISTRA TION
All written rules and regulations, policies and procedures of the City of
Boynton Beach Fire Rescue Department shall apply to the Village pursuant to
this Agreement.
5
Nothing contained in this Agreement shall be construed to constitute a
transfer of municipal powers in any way whatsoever. This Agreement is solely
an interlocal agreement to provide fire rescue services as authorized by Chapter
163 Florida Statutes. The Village and City Councils (Commissions) shall each
retain total legislative authority with regard to their respective municipalities.
Each party to this Agreement will remain liable for its own negligence and
any and all negligent actions undertaken by its employees and agents in the
performance of the obligations hereunder. Nothing contained herein shall be
construed as a waiver of the applicable sovereign immunity protections or the
limitations of liability set forth in Section 768.28, Florida Statutes.
SECTION 8.
DISPUTES
In the event that the Village has a dispute with respect to the City's
performance hereunder, the Village Manager shall notify the City Manager in
writing, advising of the disputed matter. In the event that the disputed matter is
not resolved to the satisfaction of the Village and the City, the dispute shall be
submitted to an arbitrator mutually agreed to by the parties. If agreement is not
reached on appointment, either party may submit to the American Arbitration
Association for appointment. The decision of the arbitrator shall be binding.
If any legal action or other proceeding is brought for the enforcement of
this Agreement, the prevailing party will be entitled to recover from the other
party reasonable attorneys' fees and costs, including fees and costs incident to
appeals, incurred in that action or proceeding, in addition to any other relief to
which such party may be entitled.
SECTION 9.
TERMINATION
Either party may terminate this Agreement upon a minimum of one (1)
year's written notice to the other party, such termination to be effective at the end
of the first complete fiscal year (September 30) after receipt of written notice to
terminate this Agreement. For example, if either party gives written notice to the
other party to terminate this Agreement anytime after October 1, 2007 and prior
to September 30, 2008 this Agreement shall be terminated on September 30,
2009.
SECTION 10.
AMENDMENT TO AGREEMENT
This Agreement shall not be amended or modified except in writing
executed by the parties, and approved by resolution of the governing body of
each party.
6
SECTION 11.
MISCELLANEOUS PROVISIONS
(a) Each person signing this Agreement on behalf of either party individually
warrants that he or she has full legal power to execute this Agreement on behalf
of the other party for whom he or she is signing, and to bind and obligate such
party with respect to all provisions contained in this Agreement.
(b) The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
(c) If any terms or provision of this Inter/ocal Agreement, or the application
thereof to any person or circumstance, shall to any extent be held invalid or
unenforceable, the remainder of this Interlocal Agreement, or the application of
such term or provision, to any person or circumstance other than those as to
which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Interlocal Agreement shall be deemed valid and
enforceable to the extent permitted by law.
(d) This Agreement shall be governed by the laws of the State of Florida. Any
and all legal action necessary to enforce, or arising out of this Interlocal
Agreement shall be held in Palm Beach County, Florida.
(e) This Interlocal Agreement represents the entire understanding of the
parties, and supersedes all other negotiations, representations or agreements,
either written or oral, relating to this Interlocal Agreement. None of the
Provisions, terms and conditions contained herein may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the
parties hereto.
(f) This Interlocal Agreement and subsequent amendments thereto shall be
filed by the City with the Clerk of the Circuit Court of Palm Beach County, Florida,
in conformance with Section 163.01 (11), Florida Statutes.
(g) This Agreement shall be governed by the laws of the State of Florida. Any
and all legal action necessary to enforce, or arising out of this Agreement shall
be held in Palm Beach County, Florida.
(h) If any terms or provisions of this Agreement, or the application thereof to
any person or circumstance, shall to any extent be held invalid or unenforceable,
the remainder of this Agreement, or the application of such term or provision, to
any person or circumstance other than those as to which it is held invalid or
unenforceable, shall be deemed valid and enforceable to the extent permitted by
law.
(i) This Agreement represents the entire understanding of the parties, and
supercedes all other negotiations, representations, or agreements, whether
7
written or oral, related to this Agreement. None of the provisions, terms and
conditions contained herein may be added to, modified, superseded or otherwise
altered, except by written instrument executed by the parties hereto.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
WITNESSES:
VILLA
A
yF
fltvw{. j;~~1
o
Mayor
AJuyj{
44
Attest~ ~~~
Village Clerk
Approved as to form and
I
Village Attorney
WITNESSES:
CITY OF BOYNTON BEACH
Mayor
Attest:
City Clerk
Approved as to form and Legal sufficiency:
James Cherof
City Attorney
8
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.12.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) I:8J June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
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Announcement
D Development Plans
D New Business
D
D
D
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NATURE OF
AGENDA ITEM
D Administrative
I:8J Consent Agenda
D Public Hearing
D Bids
D
D
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RECOMMENDATION: Approve and execute via a resolution the lease agreement with the Boynton Beach Mall
for five-year (June 1,2005 - May 31, 2010) rent-free usage of City Hall in the Mall space.
Legal
Unfinished Business
Presentation
u
--I
,-
City Manager's Report
EXPLANATION: The current lease agreement expires on May 31, 2005. As part of the current agreement, the
City Commission approved a multi-year special event permit for up to six (6) events per year at no charge to the
Boynton Beach Mall in exchange for continual rent-free usage of the City Hall in the Mall office for a five-year
term. These events may involve the use of their southeast/southwest parking lots for recreational vehicle,
automobile, boat, holiday tree sales and shows. The mall is requesting to increase the number of events to twelve
(12) per year. Each event will still have to be reviewed and approved as part of the special event permitting process.
As a potential future option, staff is analyzing the feasibility of merging the City Hall in the Mall office operations
with the lobby operations of the Chamber of Commerce. This arrangement would be based on pricing, location, and
compatibility of services offered.
PROGRAM IMPACT:
. The Boynton Beach Mall will be authorized to conduct up to twelve (12) special events, such as car, boat and/or
RV, holiday tree sales and shows annually. Each event will still have to be reviewed and approved as part of the
special event permitting process.
. The City will be guaranteed free usage of the City Hall in the Mall office for five years from June 1, 2005,
through May 31, 2010.
FISCAL IMPACT: Considering the annual rental rate of the space being used for the City Hall in the Mall office is
$70,000, the City is receiving a $350,000 value.
ALTERNATIVES:
Mall operatio .
e space, or eliminate the City Hall in the
City Manager's Signature
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1
2
3
4 RESOLUTION ROS-
5
6
7 A RESOLUTION OF THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA,
9 AUTHORIZING AND DIRECTING THE MAYOR
10 AND CITY CLERK TO EXECUTE A LEASE
11 AGREEMENT BETWEEN THE CITY OF BOYNTON
12 BEACH AND BOYNTON JCP ASSOCIATES, LTD.
13 PROVIDING FOR THE CITY TO CONTINUE
14 LEASING THE SPACE AT THE BOYNTON BEACH
15 MALL FOR "CITY HALL IN THE MALL"; AND
16 PROVIDING AN EFFECTIVE DATE.
17
18
19
20 WHEREAS, the current lease agreement between the City and Boynton JCP
21 Associates, L TD., providing space for "City Hall in the Mall" expires May 31, 2005.
22 WHEREAS, the City of Boynton Beach has successfully operated "City Hall
23 in the Mall" at the Boynton Beach Mall, bringing local government services to mall
24 patrons, enhancing community relations, and providing other useful services to the
25 community; and
26 WHEREAS, as part of the agreement, the City Commission approved a
27 multi-year Special Event Permit for up to six (6) events per year at no charge to
28 Boynton Beach Mall in exchange for continued rent-free usage of the "City Hall in
29 the Mall" location for a five (5) year period beginning June 1, 2005 and expiring on
30 May 31,2010.
31
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
32 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
33
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption
35 hereof.
36
Section 2.
The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute the lease
2 agreement between the City of Boynton Beach and the Boynton JCP Associations,
3 LTD., providing the space for a "satellite office" at the Boynton Beach Mall, a copy
4 of said lease being attached hereto as Exhibit "A".
5
Section 3.
This Resolution will become effective immediately upon
6 passage.
7 PASSED AND ADOPTED this _ day of June, 2005.
8
9 CITY OF BOYNTON BEACH, FLORIDA
10
11
12 Mayor
13
14
15 Vice Mayor
16
17
18 Commissioner
19
20
21 Commissioner
22
23
24 Commissioner
25 ATTEST:
26
27 City Clerk
28
29 (Corporate Seal)
30
31
32 S:\CA\RESO\Agreements\BB Mall lease 050200.doc
2
APPLICATION FOR PERMIT TO USE
COMMON AREA
I Shopping Center
Boynton Beach Mall
Form 138 (Rev. 9.01)
Instructions: Please TYPE or PRINT all information.
Name of Individual/Organization
Cit Hall in the Mall
Street Address
Describe the nature of the activity
Information and dis la re ardin the Cit of Bo nton Beach
satellite customer service center in room 111 at Boynton Beach Mall.
Staffed by volunteers and City workers
to rovide a variet of services for the Cit and Palm Beach
County. City of Boynton Beach agrees to allow
Boynton Beach Mall the use of their southeast/southwest
parking lots for recreational vehicle, automobile, boat,
holida tree sales and shows 12 times er ear.
100 East Bo nton Beach Boulevard
City, State, Zip
Boynton Beach, Florida 33425
Telephone No.
561-742-6236
DATE REQUESTED TIME REQUESTED NAME OF PERSON WHO WOULD BE IN CHARGE
From: DAM. To: DAM. Virginia Shea
6/1 IDS Dp.M. Dp.M.
From: DA.M. To: DAM.
Dp.M. Dp.M.
From: DAM. To: DAM.
5/31/10 Dp.M. Dp.M.
If use of special decorations, sians, disDlavs, or devices is reauested, eXDlain
GENERAL RELEASE AND INDEMNITY
(Please read carefully)
Applicant agrees that if a Permit is issued pursuant to this Application. Applicant will defend, indemnify and hold Management, the Owner, each
tenant of the Shopping Center, and the Merchants' Association or Promotional Fund harmless from and against any and all claims for personal
injuries, death, damages, costs, and/or other expenses, including reasonable attorney's fees, arising from or in any way connected with the use of
the Common Area of the Shopping Center or any part or facility thereof by the Applicant or his agents, members, partners, associates, contractors,
servants and employees, and the undersigned does hereby release, discharge and acquit the Owners of the real estate, their lessees, the Mall
Management Company (and all their shareholders, directors, employees, customers and invitees), Mall Tenants (and their owners, officers,
directors, employees, customers and invitees) and the Mall Merchants' Association or Promotional Fund from any and all claims, demands, and
actions for any loss, cost, expense, damage or injury either to the person or property of the Applicant and each member of the Applicant sustained
by reason of any condition of said Common Area or the Mall Shopping Center, or due to any act of any employee or agent of the Merchants'
Association or Promotional Fund, the Mall Tenants the fee Owner, its lessee, the Management Company or the act of any other person or entity
whatsoever, all of which claims are hereby waived bv Applicant for itself and each of its members.
ACKNOWLEDGEMENT
(Please read carefully)
The undersigned hereby represents that he/she is the Applicant or an officer or other authorized agent of the Applicant named herein and that
he/she is 21 years of age or over. The undersigned further acknowledges he/she has read and is familiar with the Rules and Regulations
Governing Use of the Common Area of the Shopping Center (see reverse side) and recognizes and agrees by his/her signature hereto that the
making of this Application, the issuance of any Permit based on this Application and the use authorized by such Permit are expressly conditional
upon Applicant's acceptance and continuing observation of said Rules and Regulations.
Name of person completing application Street Address (if different that above)
Jerry Taylor
Title (if any) City, State, Zip
City Mayor
Signature Date lPhone No.
PERMIT TO USE COMMON AREA
The Individual/Organization named above has permission to use the
designated portion of the Common Area during the above stated hours
date(s), subject to the Mall policies and to the Rules and Regulations
stated on the reverse side hereof.
D Please locate the exhibit, display, or equipment in the Mall Common
Area as indicated on the attached map of the Mall.
Authorized Signature
Date
For:
RULES AND REGULATIONS GOVERNING THE USE OF SHOPPING CENTER COMMON AREA
A. The Management Company of the Shopping Center is pleased to permit non-commercial, promotional and community service activities to be
conducted within the enclosed pedestrian arcade or on the parking lots of the Shopping Center (hereinafter called "Common Area") by interested
persons and organizations approved by Management in its sole discretion (hereinafter called "Users"). To accommodate such Users in a manner and
to an extent consonant with the primary purposes of the Shopping Center, the Management adopted the rules and regulations contained herein in
order to facilitate such use of the "Common Area."
S. The commercial activity of the Shopping Center and Mall, tenants, their owners, officers, directors, employees, customers and invitees are the
primary activities of the Shopping Center. All other Users cannot conduct any other activity within the Shopping Center without having first obtained a
permit for such activity from the Management. Such permit shall be granted only for use of that area designated as "Common Area."
C. A User may apply for a permit to use the "Common Area" within the Shopping Center at the Mall office of the Marketing Director during the hours 01
9:00 a.m. to 4:00 p.m., Monday through Friday. Application shall be in the form set forth by the Management and subject to these rules and
regulations and should be made no later than 30 days prior to the day requested by the User for use of the "Common Area".
D. In making a determination as to whether a permit to use the "Common Area" within the Shopping Center shall be issued, Management shall evaluate
the following: The nature of the activity; the dates. times and duration of the activity; the risk of injury to any person or properties; the risk of
unreasonable interterence with the aforementioned commercial activities of Shopping Center tenants and their owners, officers. directors, employees,
customers and invitees. Management will consider applications on first-come. first-served basis.
E. Each User shall agree to comply with the following conditions and rules:
1. The activity shall be confined to a specific use of the "Common Area" as set forth in detail on the Application and will be limited to date and times
specified on such Application and confined to the "Common Area" as determined by Management.
2. Users shall at all times during its use of the "Common Area" provide sufficient supervision and maintain adequate control of its members, guests
or invitees. Management, in its sole discretion, shall determine if any User is not neatly dressed. Any User violating this paragraph shall be
asked to leave the Shopping Center immediately.
3. In the event there are any licenses or permits required by any governmental agency or authority with respect to the type of activity carried on,
Users shall be responsible for obtaining such licenses, authorization or permits. No unlawful activities shall be permitted in the use of the
"Common Area" including but not limited to the use of alcoholic beverages or gambling.
4. All Users using the "Common Area" assume liability for and shall indemnify and hold harmless the owners of the real estate, their lessees, the
Management Company (and all their shareholders, directors, employees, customers and invitees), Shopping Center tenants (and their owners,
officers, directors, employees, customers and invitees) and the Merchants' Association or Promotional Fund against and from any and all
liabilities, obligations, losses, penalties, claims, action suits, damages, expenses, disbursements (including legal fees and expenses). or costs of
any kind and nature whatsoever in any way relating to or arising out of any activity of the Users (including without limitation the activities of the
User's members, officers, directors, employees, agents, contractors, servants within the Shopping Center). The Shopping Center tenants, the
Merchants' Association or Promotional Fund, fee owner, its lessee. or the Management Company shall not be liable to any User using the
"Common Area" or any other person on or about the enclosed Mall, the adjoining grounds and parking lot, by the User's consent, invitation or
license, express or implied. for any loss, expense or damage, either to the person or property sustained by reason of any condition of said
"Common Area" or the Shopping Center. or due to any act of any employee or agent of the Association or the Promotional Fund, the Shopping
Center tenants, the fee owner, its lessees, the Management Company or the act of any other person whatsoever.
5. If the application is for any activity which may reasonably be expected to cause public disorder or injury to any person or property or to require
substantial cleaning, repairs, or restoration in order to return any area of the Shopping Center to the condition existing immediately prior to the
commencement of the activity, the Management may, as a condition to granting a permit. require security for the pertormance of the Applicant's
obligation as licensee under such permit and these rules and regulations. Such security shall be in a form satisfactory to the Management and
may be a cash deposit, a bond, insurance policy, or other adequate assurance of the applicant's pertormance. Where such determination is
made and insurance is required, such insurance shall be in the minimum of a commercial general liability policy having limit of $2,000,000.00 per
occurrence with a $2,000,000.00 aggregate, naming Landlord, Property Manager. and Simon Property Group, Inc. as additional insured.
6. Unless otherwise permitted by Management the User shall not vend or peddle, or solicit orders for sale or distribution of merchandise, devices,
services, periodicals, books, pamphlets, tickets or other material whatsoever. User shall not exhibit any sign, plaque or banner, notice or any
other written material in or around the Shopping Center without prior written approval by Management.
7. The User shall not use any vehicle, motor, camera, lighting device or projector on the "Common Area" without prior approval of Management.
The User shall not engage in any fighting or direct use of any physical force, abusive or obscene language or threats toward any other person or
engage in any other form of unreasonable behavior such as the making of unreasonable noise or coarse or offensive utterance, gesture or display
which causes or is likely to cause significant public inconvenience, annoyance or alarm. In addition, the User shall not permit the emission of
noise or odors or use any device or paraphernalia, which may constitute a nuisance such as loudspeakers, sound amplifiers, radios, televisions or
phonographs without prior written approval by Management. If use of vehicles is approved, evidence of auto liability in the amount of
$1,000.000.00 combined single limit must be provided.
8. Any interested person or organization using the "Common Area" shall not engage in any conduct which might intertere with or impede the use of
any other facilities of the Shopping Center by any customer. business invitee or employee, employer, or tenant or create a disturbance. attract
attention or harass, annoy, disparage or be detrimental to any of the retail establishments of the Shopping Center. Management, in its sole
discretion. shall determine whether such objectionable conduct has occurred.
9. The "Common Area" shall be surrendered in the same condition as it was upon commencement of its use. All expenses incurred to maintain
order and to keep the "Common Area" free from rubbish will be borne by the User.
10. If the Management shall deem the use of the "Common Area" objectionable, at its sole discretion, it may, without any notice whatsoever,
terminate the rights of the User to use the "Common Area." All such persons shall immediately remove themselves from the Shopping Center,
the enclosed pedestrian arcade, and the adjoining grounds and parking lots.
11. All users of the "Common Area" shall, prior to occupying the "Area" for use, notify the Marketing Director or the Manager of the Shopping Center
at least 30 minutes before such use.
12. The User shall not obstruct the free flow of pedestrian or vehicular traffic on walkways, sidewalks, stairways, escalators, roads, driveways, parking
lots or any other area regularly used for such traffic within the Shopping Center.
13. Notwithstanding anything herein to the contrary, management may in its sole discretion permit or not permit any person or organization to use the
common area or require a User to leave the common area or forcibly remove a person and/or other material, all without any liability whatsoever
for any damages, claims, losses, actions. suits arising from such removal.
~
VI.-CONSENT AGENDA
ITEM C.13
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date final form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meetinl! Dates
Date final form Must be Turned
in to City Clerk's Office
D AprilS, 2005
D April 19, 2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
D June 7, 2005
I:8J
D
D
May 16,2005 (Noon)
April 4, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
I:8J Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
June21,2005 June 6, 2005 (Noon)
July 5, 2005 June 20, 2005 (Noon)
July 19,2005 July 5, 2005 (Noon) ': "'\
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Presentation ~:- [1"1("')
::::
April 18, 2005 (Noon)
May 2, 2005 (Noon)
RECOMMENDATION:
Authorization to execute by Resolution an Assignment and Assumption Agreement amongst the City of
Boynton Beach, Lawson, Noble & Webb, Inc. and Arcadis G & M, Inc.
EXPLANATION:
On November 18, 2003, the City Commission approved a two-year consultant agreement with Lawson,
Noble & Webb, Inc. for Scope C, Infrastructure Improvements and Repairs. The award of the agreement
was a result of the Consultants Competitive Negotiation Act process that the Utilities Department went
through on Request for Qualifications #065-2821-03/CJD. Lawson, Noble & Webb, Inc. has informed
the City of Boynton Beach, in writing, that they have been acquired by Arcadis G & M, Inc., thus the
need for the Assignment and Assumption Agreement between the parties. Currently, there are no Task
Orders executed or in development with Lawson, Noble & Webb, Inc.
PROGRAM IMPACT:
Assignment of this agreement will continue the opportunity to utilize Lawson, Noble & Webb, Inc. for
any Scope C needs.
FISCAL IMPACT:
At this time there is no fiscal impact.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
err
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
An alternative would be to deny execution of the Assignment and Assumption Agreement. This is not
recommended. Lawson, Noble & Webb, Inc. was selected based on their experience, qualifications and
ability to be responsive to meet needs within Scope C.
4.~~~s-
Departmen~gnature
~
City Manager's Signature
Department Name
City Attorney I Finance I Human Resources
cc: Barb Conboy
Paul Fleming
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. OS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND APPROVING AN
5 ASSIGNMENT AND ASSUMPTION AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH,
7 LAWSON, NOBLE & WEBB, INC., AND ARCADIS G &
8 M, INC., AND AUTHORZING THE CITY MANAGER
9 AND CITY CLERK TO EXECUTE THE AGREEMENT;
10 AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, On November 18, 2003, the City Commission approved a two-year
13 onsultant Agreement with Lawson, Noble & Webb, Inc., for Scope C, Infrastructure
20
14 provements and Repairs; and
15 WHEREAS, Lawson, Noble & Webb, Inc. has informed the City that they have been
16 cquired by Arcadis G & M, Inc., thus the need for an Assignment and Assumption
17 greement between the parties.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
21
eing true and correct and are hereby made a specific part of this Resolution upon adoption
29
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22
23
24
ereby authorize and approve the Assignment and Assumption Agreement between the City
25
fBoynton Beach and Lawson, Noble & Webb, Inc., and Arcadis G & M, said Agreement is
26
ttached hereto as Exhibit "A".
27
Section 3.
The City Manager and City Clerk are authorized and directed to
28 xecute said Agreement.
Section 4.
This Resolution shall become effective immediately upon passage.
1 PASSED AND ADOPTED this _ day of June, 2005.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ity Clerk
Corporate Seal)
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
LN\\'
. . . . . . . . ... ..
Lawson, Noble & Webb, Inc.
ENGINEERS · PLANNERS. SURVEYORS
Setting the Standard...Leading the Way'"
May 31,2005
~1<GIOYilP)
",,-121m
-
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Fl. 33435
Attn: Barbara Conboy Manager, Utilities Administration
RE: Assignment of SCOPE C: Infrastructure Improvement and Repairs (General
Consulting and Engineering Services Contract)
Dear Ms. Conboy,
Per your request, I have attached the assignment and assumption agreement.
Please advise me if any further information will be required.
Sincerely,
~Uh!a-
Libbey Webb
Vice President
Attachments
G:\FLORIDA BD\Corporate BD\City of Boynton Beach.doc
LAWSON, NoeLE & WEBB, INC. · 420 Columbia Drive, Suite 110 · West Palm Beach, Florida 33409
561-684-6686. Fax 561-684-1812. E-mail: westpalmbeachOarcadis-us.com. http://www.arcadis-us.com
ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement is entered into between LAWSON,
NOBLE & WEBB, INC, hereinafter "assignor," and ARCADIS G&M, INe., hereinafter
referred to as "Assignee."
WHEREAS, Assignor has entered into a contract for professional services with the City
of Boynton Beach, hereafter the "Client," dated November 18, 2003 , hereafter the
"Contract;" and
WHEREAS, Assignee desires to assign the rights and delegate the duties under such
Contract to Assignee; and
WHEREAS, the Contract provide for the written consent of the Client in the event that
the Contract is to be assigned.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the Assignor and Assignee hereby agree as follows:
I . That the Contract is hereby assigned to the Assignee, and the Assignee shall
assume all further obligations for performance under the Contract and the
Assignee shall have all rights arising under the Contract, including the right to
payrnents provided hereunder.
2. That the Assignee shall defend and indemnifY the Assignor from any claims
arising frorn the performance of the Assignee in fulfilling the terms of the
Contract, and the Assignor shall defend and indernnifY the Assignee from any
claims arising from the performance of the Assignee prior to this assignment.
3. Nothing herein shall modifY the terms of the Contract.
4. The Client has hereto provided its consent to the assignment as set forth;
however, this consent shall not release the Assignor from any obligations to
the Client arising under the terms of the Contract.
LAWSON, NOBLE & WEBB, INe.
By: ~Ltt~UhfJty
V t c. E: ~:::..:;.. t t7EN. r
CONSENT TO ASSIGNMENT:
ll7er-J T
By:
CLIENT
LN\\'
May 9, 2005
rm~@&!a\\J@@
MAY 1 1 20G5
BOYNroN BEACH IITILITIES
. . . . . . . . ... ..
Lawson, Noble & Webb, Inc.
ENGINEERS. PLANNERS. SURVEYORS
Setting the Standard...Leading the Way.m
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Fl. 33435
Attn: Barbara Conboy Manager, Utilities Administration
RE: Assignment of SCOPE C: Infrastructure Improvement and Repairs (General
Consulting and Engineering Services Contract)
Dear Ms. Conboy,
In August 2003, the firm of Lawson, Noble & Webb, Inc. merged with the firm of
ARCADIS G & M, Inc. It is our intention by June 30, 2005 to assume the name of
ARCADIS G & M, Inc. for all operations and contracts.
The staff included in the contract along with the Classification and Hourly Rate sheet will
remain the same, as will the address of the firm. I currently remain an officer of both
Lawson, Noble & Webb, Inc. and ARCADIS G & M Inc. and have the authority to
request the above stated transaction,
I have attached a copy of the ARCADIS State of Florida Certificate along with the
Department of Business and Professional Regulation License to operate a both as a
Survey and Professional Engineering Business in the State of Florida.
Please advise me if any further information will be required.
Sincerely,
Attachments
LAWSON, NOBLE & WEBB, INC. · 420 Columbia Drive. Suite 110 . West Palm Beach, Florida 33409
561-684-6686. Fax 561-684-1812. E-mail: westpalmbeachOarcadis-us.com. http://www.arcadis-us.com
State of Florida
Department of State
I certify from the records of this office that ARCADIS G&M, INC. is a
corporation organized under the laws of Delaware, authorized to transact
business in the State of Florida, qualified on February 26, 1998.
The document number of this corporation is F98000001104.
I further certify that said corporation has paid all fees due this office
through December 31, 2005, that its most recent annual report was filed
on January 4, 2005, and its status is active.
I further certify that said corporation has not filed a Certificate of
Withdrawal.
i -.
Given under my hand and the Great Seal of
Florida, at Tallahassee, tlte Capital, tltis the
Twenty Second day of April, 2005
L~ f. ~
Secretary of State
Authentication lD: 3000S1667123-04220S-F980000011 04
To authenticate this certificate, visit the following site, enter this
lD, and then follow the instructions displayed.
www.sunbiz.orgJauth.html
Related License Information
Licensee
Name:
Rank:
Primary Status:
Secondary
Status:
ARCADIS G& M INC
Surveyor Business
Current
Active
Related License Information
License
Number
5392
Status
Current,
Active
Relationship
Type
GRAVES, DAVID P Surveyor &
Business
Related Party
License Number:
License Expiration
Date:
Original License Date:
Relation
Effective
Date
10/30/2000
Rank
Surveyor
and
Mappers
https:/ /www.mvfloridalicense.com/re1ationList.asp?record cnt= 1 &LicId= 1368581
Page 1 of 1
cma
7062
02/28/2007
11/13/2000
Expiration
Date
02/28/2007
5/9/2005
Licensing Portal - License Details
Search for a Licensee
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& Activity List Search
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Licensee Details
Licensee Information
Name: ARCADIS G& M INC (Primary Name)
(DBA Name)
Main Address: 630 PLAZA DRIVE, SUITE 200
ATT: CHANDRA DOWNEY
HIGHLANDS RANCH Colorado 80129
License Mailing:
LicenseLocation:
License Information
License Type:
Rank:
License Number:
Status:
Licensure Date:
Expires:
Surveyor Business
LB
LB7062
Cu rrent,Active
11/13/2000
02/28/2007
Special
Qualifications
Qualification Effective
View Related License Information
View License Complaint
~
I Terms of Use I I Privacy Statement I
https ://www.myfloridalicense.com/LicenseDetail.asp?SID=&id= 13685 81
5/9/2005
VI.-CONSENT AGENDA
ITEM C.15
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) I:8J June 21, 2005 June 6, 2005 (Noon)
D May 3. 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) C_.
-
;:-)
)~
-,-(
--.-j
'.
1
D Administrative D Development Plans
NATURE OF ~ Consent Agenda D New Business ~~
AGENDA ITEM D Public Hearing ~ Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
,. <
- ----
--"c\
- -".,i~
":'-;c:>
--1""
~:::.>
" ; CJ
::c
RECOMMENDATION: Approve and execute, via a Resolution, the Declaration of Restrictive Covenants and Grant Award
Calculation Statement (three originals) between Florida Communities Trust (FCT) and the City to provide partial
reimbursement for the acquisition of the Jaycee Park property from Florida Inland Navigation District (F.I.N.D.).
EXPLANATION: The City recently purchased the Jaycee Park property from F.I.N.D. for $3,400,000 (plus closing costs).
To assist with the expense, the City applied for, and was awarded a grant from Florida Communities Trust. To receive the
funding, the City must enter into an agreement that sets forth conditions that must be satisfied and accept restrictions that are
required to receive Florida Forever Funds.
PROGRAM IMPACT: City will develop the property as described in the conceptual plans within five years, developing,
operating and maintaining the project for boating, fishing and Intracoastal Waterway access for use by the general public.
FISCAL IMP ACT: By entering into this agreement, Florida Communities Trust will reimburse the City 50% ofthe
allowable final project cos! ($3,423,135.00 includes purchase price and closing costs). Total reimbursement $1,709,567.50.
ALTERNATIVES: Do not accept the gr
Recreation and Parks
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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29
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2
3
4
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6
7
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15
RESOLUTION NO. ROS-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE THE
DECLARATION OF RESTRICTIVE COVENANTS AND
GRANT AWARD CALCULATION STATEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
FLORIDA COMMUNITIES TRUST TO PROVIDE
PARTIAL REIMBURSEMENT FOR THE ACQUISITION
OF THE JAYCEE PARK PROPERTY FROM FLORIDA
INLAND NAVIGATION DISTRICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach recently purchased the Jaycee Park property
16
from the Florida Inland Navigation District using grant funds from Florida Communities
17
Trust; and
18
WHEREAS, to receive the funding, the City must enter into an agreement that sets
19
forth conditions that must be satisfied and accept restrictions that are required to receive
20
Florida Forever Funds; and
21
WHEREAS, by entering into this Agreement, Florida Communities Trust will
22
reimburse the City fifty (50%) percent of the allowable final project cost of$3,423,135.00
23
(including purchase price and closing costs). Total reimbursement will be $1,709,567.50.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2.
The City Commission ofthe City of Boynton Beach hereby authorizes
30 the Mayor and City Clerk to execute the Declaration of Restrictive Covenants and Grant
31 Award Calculation Statement between the City of Boynton Beach and the Florida
S:\CA\RESO\Agreements\Grants\Jaycee Project - fct GRANT.doc
1 Communities Trust for the partial reimbursement for the acquisition of the Jaycee Park
2 property from the Florida Inland Navigation District.
3
Section 3.
This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this _ day of June, 200S.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
11
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23 ATTEST:
24
25
26 City Clerk
27
28
29
S:\CA\RESO\Agreemenls\Granls\Jaycee Project - tct GRANT.doc
Local Government Name: City of Boynton Beach
Project Name: Jaycee Park Acquisition
FCT Project #: 04-023-FF4
Date: 4/27/2005
GRANT AWARD CALCULATION
TOTAL PROJECT COSTS
Land Purchase Price
$3,400,000.00 (1)
Total Land Purchase Price $ 3,400,000.00
Acquisition Expenses
Survey $6,200.00
Title Insurance 11,585.00 (2)
Appraisal Review 2,000.00
Appraisals 350.00
Environmental Audit 3,000,00
Total Acquisition Expenses 23,135.00
Total Project Costs $ 3,423,135.00
COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT
FCT Award Computation
Share of Purchase Price $ 1,700,000.00 (1 )
Share of Acquisition Expenses 11,567.50
Total Share of Project Costs $ 1,711,567.50 (3)
City of Boynton Beach
Share of Purchase Price $ 1,700,000.00
Share of Acquisition Expenses 11,567.50
Total Share of Project Costs 1,711,567.50
Total Project Costs $ 3,423,135.00
COMPUTATION OF PREPAIDS, REIMBURSEMENTS. AND ADDITIONAL COSTS
FLORIDA COMMUNITIES TRUST
FCT Prepaid Project Costs
Appraisal Review $ 2,000.00
Total Prepaid Costs 2,000.00
FCT Amount Due at Closing
Share of Total Project Costs $ 1,711,567.50
Less Total Prepaid Costs 2,000.00
Total Amount Due From FCT $ 1,709,567.50
I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement
City 01 Boynton Beach
Jaycee Park Acquisition
FCT Project #: 04-023-FF4
Date:
Page L
City of Boynton Beach
City Prepaid Costs
Land Purchase Price
Survey
Title Insurance
Appraisals
Environmental Audit
Total Prepaid Costs
$
3,400,000.00
6,200.00
11,585.00
350.00
3,000.00
3,421,135.00
$
City Amount Due
Share of Total Project Costs
Less Prepaids
Total Amount Due to County
$ 1,711,567.50
3,421,135.00
$
1.709.567.50
County Additional Costs
Record Grant Award Agreement
Total Additional Costs
$
120.00 (4)
120.00
Notes:
(1) Pursuant to a memoradum from William H. Benson, MAl, to Caroline Sutton, dated 1-13-05, the Maximum Approved Purchase
Price is $4,320,000. The City acquired the property on 8-4-04, at a purchase price of $3,400,000. The FCT Reimbursement
is based on the actual Purchase Price, as it is less than the Maximum Approved Purchase Price.
(2) Amount includes costs for title insurance, title examination, title search and closing fees.
(3) Pursuant to the terms of the Conceptual Approval Agreement. the amount of the grant shall not exceed the lesser of
$1.713,000 or 50% of the project costs.
(4) Disbursed to Clerk of the Court, Palm Beach County
The foregoing reconciliation of Purchasers' costs is hereby approved by the undersigned.
CITY OF BOYNTON BEACH
FLORIDA COMMUNITIES TRUST
By:
Its:
By:
Its:
Date:
Date:
I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement
I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement
City ot Boynton Beach
Jaycee Park Acquisition
FCT Project #: 04-023.FF4
Date:
Page '2.
City of Boynton Beach
City Prepaid Costs
Land Purchase Price
Survey
Title Insurance
Appraisals
Environmental Audit
Total Prepaid Costs
$
3,400,000.00
6,200,00
11,585.00
350.00
3,000.00
3,421,135.00
$
City Amount Due
Share of Total Project Costs
Less Prepaids
Total Amount Due to County
$ 1,711,567.50
3,421,135.00
$
1,709,567.50
County Additional Costs
Record Grant Award Agreement
Total Additional Costs
$
120.00 (4)
120.00
Notes:
(1) Pursuant to a memoradum from William H. Benson, MAl, to Caroline Sutton, dated 1-13-05, the Maximum Approved Purchase
Price is $4,320,000. The City acquired the property on 8-4-04, at a purchase price of $3,400,000. The FCT Reimbursement
is based on the actual Purchase Price, as it is less than the Maximum Approved Purchase Price.
(2) Amount includes costs for title insurance, title examination, title search and closing fees.
(3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of the grant shall not exceed the lesser of
$1,713,000 or 50% of the project costs.
(4) Disbursed to Clerk of the Court, Palm Beach County
The foregoing reconciliation of Purchasers' costs is hereby approved by the undersigned.
CITY OF BOYNTON BEACH
FLORIDA COMMUNITIES TRUST
By:
Its:
By:
Its:
Date:
Date:
I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement
Local Government Name: City of Boynton Beach
Project Name: Jaycee Park Acquisition
FCT Project #: 04-023.FF4
Date: 4/27/2005
GRANT AWARD CALCULATION
TOTAL PROJECT COSTS
Land Purchase Price
$3,400,000.00 (1)
Total Land Purchase Price $ 3,400,000.00
Acquisition Expenses
Survey $6,200.00
Title Insurance 11,585.00 (2)
Appraisal Review 2,000.00
Appraisals 350.00
Environmental Audit 3,000.00
Total Acquisition Expenses 23,135.00
Total Project Costs $ 3,423,135.00
COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT
FCT Award Computation
Share of Purchase Price $ 1,700,000.00 (1 )
Share of Acquisition Expenses 11,567.50
Total Share of Project Costs $ 1,711,567.50 (3)
City of Boynton Beach
Share of Purchase Price $ 1,700,000.00
Share of Acquisition Expenses 11,567.50
Total Share of Project Costs 1,711,567.50
Total Project Costs $ 3,423,135.00
COMPUTATION OF PREPAIDS. REIMBURSEMENTS. AND ADDITIONAL COSTS
FLORIDA COMMUNITIES TRUST
FCT Prepaid Project Costs
Appraisal Review $ 2,000.00
Total Prepaid Costs 2,000.00
FCT Amount Due at Closing
Share of Total Project Costs $ 1,711,567.50
Less Total Prepaid Costs 2,000.00
Total Amount Due From FCT $ 1,709,567.50
I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement
City 01 Boynton Beach
Jaycee Park Acquisition
FCT Project #: 04-023.FF4
Date:
Page L
City of Boynton Beach
City Prepaid Costs
Land Purchase Price
Survey
Title Insurance
Appraisals
Environmental Audit
Total Prepaid Costs
$
3,400,000.00
6,200.00
11,585.00
350.00
3,000.00
3,421,135.00
$
City Amount Due
Share of Total Project Costs
Less Prepaids
Total Amount Due to County
$ 1.711,567.50
3,421,135.00
$
1,709,567.50
County Additional Costs
Record Grant Award Agreement
Total Additional Costs
$
120.00 (4)
120.00
Notes:
(1) Pursuant to a memoradum from William H. Benson, MAl, to Caroline Sutton, dated 1-13-05, the Maximum Approved Purchase
Price is $4,320,000. The City acquired the property on 8-4-04, at a purchase price of $3,400,000. The FCT Reimbursement
is based on the actual Purchase Price, as it is less than the Maximum Approved Purchase Price.
(2) Amount includes costs for title insurance, title examination, title search and closing fees.
(3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of the grant shall not exceed the lesser of
$1,713,000 or 50% of the project costs.
(4) Disbursed to Clerk of the Court, Palm Beach County
The foregoing reconciliation of Purchasers' costs is hereby approved by the undersigned.
CITY OF BOYNTON BEACH
FLORIDA COMMUNITIES TRUST
By:
Its:
By:
Its:
Date:
Date:
I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement
This document prepared by:
Leslie O. Anderson-Adams for
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
FLORIDA COMMUNITIES TRUST
FF4 A WARD #04-023-FF4
FCT Contract #
JA YCEE PARK ACQUISITION
DECLARATION OF RESTRICTIVE COVENANTS
THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST
("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs,
and the CITY OF BOYNTON BEACH, a Florida Municipal Corporation and local government
of the State of Florida ("Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the intent ofthis Agreement is to impose terms and conditions on the use of
the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds,
as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), that are
necessary to ensure compliance with applicable Florida law and federal income tax law and to
otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III,
Florida Statutes;
WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates
a non-regulatory agency within the Department of Community Affairs ("Department") that will
assist local governments in bringing into compliance and implementing the conservation,
recreation and open space, and coastal elements of their comprehensive plans or in conserving
natural resources and resolving land use conflicts by providing financial assistance to local
governments and nonprofit environmental organizations to carry out projects and activities
authorized by the Florida Communities Trust Act;
WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida
Forever Act, which provides for the distribution of twenty-two percent (22%), less certain
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature, to provide land acquisition grants to local
governments and nonprofit environmental organizations for the acquisition of community-based
projects, urban open spaces, parks and greenways to implement local comprehensive plans;
l
DRC\04-023-FF4
April 26, 2005
WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds,
meaning the interest on the Bonds is excluded from the gross income of bondholders for federal
income tax purposes;
WHEREAS, Rule 9K-7.009(l), Florida Administrative Code ("F.A.C."), authorizes FCT
to impose conditions for funding on those FCT applicants whose projects have been selected for
funding;
WHEREAS, FCT has approved the terms under which the Project Site was acquired and
the deed whereby the Recipient acquired title to the Project Site; and
WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions
that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the
Recipient for Project Costs.
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and the Recipient do hereby contract and agree as follows:
I. PERIOD OF AGREEMENT
1. This Agreement shall begin upon execution by both parties. The covenants and
restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall
inure to, FCT and the Recipient and their respective successors and assigns.
II. MODIFICATION OF AGREEMENT
1. Either party may request modification of the provisions of this Agreement at any
time. Changes which are mutually agreed upon shall be valid only when reduced to writing and
duly signed by each ofthe parties hereto. Such amendments shall be incorporated into this
Agreement.
III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE
COVENANTS
1. Upon execution by the parties hereto, the Recipient shall cause this Agreement to
be recorded and filed in the official public records of Palm Beach County, Florida, and in such
manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees
and charges incurred in connection therewith.
2. The Recipient and FCT agree that the State of Florida Department of
Environmental Protection shall forward this Agreement to the Department of Environmental
2
DRC\04-023-FF4
April 26, 2005
Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is
required to this Agreement so that the tax-exempt status of the Florida Forever Bonds is not
jeopardized, FCT and the Recipient shall amend the Agreement accordingly.
IV. NOTICE AND CONTACT
1. All notices provided under or pursuant to this Agreement shall be in writing and
delivered either by hand delivery or first class, certified mail, return receipt requested, to the
addresses specified below. Any such notice shall be deemed received on the date of delivery if
by personal delivery or upon actual receipt if sent by registered mail.
FCT:
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
A TTN: Program Manager
Recipient:
ATTN:
2. In the event that a different representative or address is designated for paragraph
1. above after execution of this Agreement, notice of the change shall be rendered to FCT as
provided in paragraph 1. above.
V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 2S9,
CHAPTER 37S AND CHAPTER 380, PART III, FLA. STAT.
1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT
shall enter into a new agreement with the transferee containing such covenants, clauses or other
restrictions as are sufficient to protect the interest of the State of Florida.
2. The interest acquired by the Recipient in the Project Site shall not serve as
security for any debt of the Recipient.
3. Ifthe existence of the Recipient terminates for any reason, title to the Project Site
shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, nonprofit environmental organization, the Florida Division of Forestry, the Florida
Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a
Water Management District who agrees to accept title and manage the Project Site.
3
DRC\04-023-FF4
April 26, 2005
4. In the event that the Project Site is damaged or destroyed or title to the Project
Site, or any part thereof, is taken by any governmental body through the exercise or the threat of
the exercise of the power of eminent domain, the Recipient shall deposit with FCT any insurance
proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or
restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any
such insurance proceeds or condemnation award moneys available to provide funds for such
restoration work. In the event that the Recipient fails to commence or to complete the rebuilding,
repair, replacement or restoration of the Project Site after notice from FCT, FCT shall have the
right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace
the Project Site so as to prevent the occurrence of a default hereunder.
Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of
any of the covenants and restrictions of this Agreement concerning the construction and
operation of the Project Site.
VI. MANAGEMENT OF PROJECT SITE
1. The Project Site shall be managed only for the conservation, protection and
enhancement of natural and historical resources and for compatible passive, natural resource-
based public outdoor recreation, along with other related uses necessary for the accomplishment
of this purpose. The proposed uses for the Project Site are specifically designated in the
Management Plan approved by FCT.
2. The Recipient shall ensure that the future land use designation assigned to the
Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as
appropriate. If an amendment to the applicable comprehensive plan is required, the amendment
shall be proposed at the next comprehensive plan amendment cycle available to the Recipient.
3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities
under this Agreement comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the adopted and approved comprehensive plan for
the jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and
permits have been obtained prior to the commencement of any construction.
4. The Recipient shall, through its agents and employees, prevent the unauthorized
use of the Project Site or any use thereof not in conformity with the Management Plan approved
by FCT.
5. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
4
DRC\04-023-FF4
April 26, 2005
6. All buildings, structures, improvements and signs shall require the prior written
approval of FCT as to purpose. Further, tree removal, other than non-native species, and major
land alterations shall require the written approval of FCT. The approvals required from FCT
shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed
structures, buildings, improvements, signs, vegetation removal or land alterations will not
adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's
Management Plan addressing the items mentioned herein shall be considered written approval
from FCT.
7. If archaeological and historic sites are located on the Project Site, the Recipient
shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the
disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior
written authorization has been obtained from the Department of State, Division of Historical
Resources.
8. The Recipient shall ensure that the Project Site is identified as being publicly
owned and operated as a passive, natural resource-based public outdoor recreational site in all
signs, literature and advertising regarding the Project Site. The Project Site shall permanently
contain one sign, provided by FCT, recognizing FCT's role in the acquisition of the Project Site.
The sign shall be displayed at the Project Site within ninety (90) days of the final disbursement
of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT
within the same ninety (90) day timeframe.
9. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of
Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that
documents the progress made on implementing the Management Plan.
VII. SPECIAL MANAGEMENT CONDITIONS
In addition to the Management Plan conditions already described in this Agreement, which apply to
all sites acquired with FCT funds, the Management Plan shall address the following conditions that
are particular to the Project Site and result from either commitments made in the application that
received scoring points or observations made by FCT staff during the site visit described in Rule 9K-
7.009(1), F.A.C.:
1. Two or more resource-based outdoor recreational facilities including a picnic pavilion
and fishing pier and two or more user-oriented outdoor recreational facilities including a playground
and bocce ball courts shall be provided. The facilities shall be located and designed to have minimal
impacts on natural resources on the project site.
2. A permanent recognition sign, a minimum size of 4' x 6', shall be maintained in the
entrance area of the project site. The sign shall acknowledge that the project site was purchased with
5
DRC\04-023-FF4
April 26, 2005
funds from the Florida Communities Trust Florida Forever Program and the City of Boynton Beach.
3. At least 24 regularly scheduled and ongoing educational classes or programs that
promote the protection of natural resources shall be provided at the project site.
4. Interpretive signage shall be provided to educate visitors about the natural resources
and unique history of the Project Site.
5. A survey of the natural communities and plant species on the project site shall be
conducted prior to the development of the project site. The survey shall be used during development
of the site to ensure the protection, restoration, and preservation of the natural communities on the
project site
6. The wetland communities that occur on the project site shall be preserved, enhanced,
and appropriately managed to ensure the long-term viability of these communities.
7. The project site shall be managed in a manner that protects and enhances habitat for
listed wildlife species that utilize or could potentially utilize the project site, including listed wading
birds. The development of the management plan shall be coordinated with the Fish and Wildlife
Conservation Commission's Office of Environmental Services to ensure the preservation and
viability oflisted and non-listed native wildlife species and their habitat. Periodic surveys shall be
conducted of listed species using the project site.
8. Any proposed stormwater facility for the project site shall be designed to provide
recreation open space or wildlife habitat.
9. A comprehensive landscaping plan will be developed for the project site. The
landscaping plan will make significant use of native plants.
10. Approximately 1 acre of disturbed wetlands shall be restored to a natural condition in
terms of biological composition and ecological function. The invasive exotic vegetation will be
removed and the area replanted with native mangrove vegetation.
11. An ongoing monitoring and control program for invasive vegetation including exotic
(non-native) and nuisance native plant species shall be implemented at the project site. The
objective of the control program shall be the elimination of invasive exotic plant species and the
maintenance of a diverse association of native vegetation. The management plan shall reference the
Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive
exotics on the project site.
12. A feral animal removal program shall be developed and implemented for dogs, cats,
Muskovy ducks, and other non-native wildlife that may be found on the project site.
6
DRC\04-023-FF4
April 26, 2005
13. Prior to the commencement of any proposed development activities, measures will be
taken to determine the presence of any archaeological sites. All planned activities involving known
archaeological sites or potential site areas shall be closely coordinated with the Department of State,
Division of Historic Resources in order to prevent the disturbance of significant sites.
14. Major site improvements, including the boat docks and fishing pier shall be located in
such a manner that these facilities will have minimal impact on the natural resources on the project
site.
15. Boating facilities at the project site shall be limited to day use boat slips. The
management plan shall include provisions to protect sea grass, manatees, and wading bird habitat
within the riparian area.
16. Pedestrian and bicycle access to the project site shall be promoted through the
provision of pedestrian oriented walkways and bicycle facilities that link the project site with
adjacent residential neighborhoods.
17. The project site shall be managed as part of the City's Greenways/Bikeways Plan by
providing a destination point and trailhead facilities.
18. Proposed site improvements shall be designed and located to minimize or eliminate
the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation
agencies or experts.
19. The requirements imposed by other grant program funds that may be sought for
activities associated with the project site shall not conflict with the terms and conditions of this
award.
VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND
PROCEEDS
I. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding
on the Recipient in order to ensure that the project complies with the requirements for the use of
Florida Forever Bond proceeds including, without limitation, the provisions of the Internal
Revenue Code and the regulations promulgated there under as the same pertain to tax exempt
bonds.
2. The Recipient agrees and acknowledges that the below listed transactions, events,
and circumstances, collectively referred to as the "disallowable activities," may be disallowed on
the Project Site as they may have negative legal and tax consequences under Florida law and
federal income tax law. The Recipient further agrees and acknowledges that these disalIowable
7
DRC\04-023-FF4
April 26, 2005
activities may be allowed up to a certain extent based on guidelines or tests outlined in the
Federal Private Activity regulations of the Internal Revenue Service:
a. any sale or lease of any interest in the Project Site to a non-governmental
person or organization;
b. the operation of any concession on the Project Site by a non-governmental
person or organization;
c. any sales contract or option to buy or sell things attached to the Project
Site to be severed from the Project Site with a non-governmental person or
organization;
d. any use of the Project Site by a non-governmental person other than in
such person's capacity as a member of the general public;
e. any change in the character or use of the Project Site from that use expected
at the date of the issuance of any series of Bonds from which the
disbursement is to be made;
f.
a management contract for the Project Site with a non-governmental
organization; or
person or
g. such other activity or interest as may be specified from time to time in
writing by FCT to the Recipient.
3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to
remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as
provided for in paragraph III.I. above, at least sixty (60) calendar days in advance of any such
transactions, events or circumstances, and shall provide FCT such information as FCT
reasonably requests in order to evaluate for approval the legal and tax consequences of such
disallowable activities.
4. In the event that FCT determines at any time that the Recipient is engaging, or
allowing others to engage, in disallowable activities on the Project Site, the Recipient shall
immediately cease or cause the cessation of the disallowable activities upon receipt of written
notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have
the right to seek temporary and permanent injunctions against the Recipient for any disallowable
activities on the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE
8
DRC\04-023-FF4
April 26, 2005
WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE
THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF
UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
IX. RECORDKEEPING; AUDIT REQUIREMENTS
1. The Recipient shall maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement. These records shall be available at all reasonable
times for inspection, review or audit by state personnel, FCT and other personnel duly authorized
by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall
mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. If the Recipient expends a total amount of State financial assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the
applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550
(local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor
General. In determining the State financial assistance expended in its fiscal year, the Recipient
shall consider all sources of State financial assistance, including State funds received from FCT,
other state agencies and other non-state entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a non-state entity for Federal
program matching requirements. The funding for this Agreement was received by FCT as a grant
appropriation.
In connection with the audit requirements addressed herein, the Recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission
of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local
government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General.
3. If the Recipient expends less than $500,000 in State financial assistance in its
fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is
not required. If the Recipient elects to have an audit conducted in accordance with the provisions
of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the
cost of such an audit must be paid from Recipient funds not obtained from a State entity).
4. The annual financial audit report shall include all management letters, the
Recipient's response to all findings, including corrective actions to be taken, and a schedule of
financial assistance specifically identifying all Agreement and other revenue by sponsoring
agency and agreement number. Copies of financial reporting packages required under this
Article shall be submitted by or on behalf of the Recipient directly to each of the following:
9
DRC\04-023-FF4
April 26, 2005
Department of Community Affairs (at each of the following addresses):
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
State of Florida Auditor General at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
5. If the audit shows that any portion ofthe funds disbursed hereunder were not
spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to FCT of all funds not spent in accordance with the applicable regulations and
Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non-
compliance.
6. The Recipient shall retain all financial records, supporting documents, statistical
records and any other documents pertinent to this Agreement for a period of five years after the
date of submission of the final expenditures report. However, if litigation or an audit has been
initiated prior to the expiration of the five-year period, the records shall be retained until the
litigation or audit findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
Fla. Stat. performed by an independent certified public accountant ("IP A") who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above.
x. DEFAULT; REMEDIES; TERMINATION
1. If any essential term or condition of the Declaration of Restrictive Covenants is
violated by the Recipient or by some third party with the knowledge of the Recipient, the
Recipient shall be notified of the violation by written notice given by personal delivery,
registered mail or registered expedited service. The recipient shall diligently commence to cure
the violation or complete curing activities within thirty (30) days after receipt of notice of the
10
DRC\04-023-FF4
April 26, 2005
violation. If the curing activities can not be reasonably completed within the specified thirty (30)
day time frame, the Recipient shall submit a timely written request to the FCT Program Manager
that includes the status of the current activity, the reasons for the delay and a time frame for the
completion of the curing activities. FCT shall submit a written response within thirty (30) days
of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position
that all curing activities shall be completed within one hundred twenty (120) days of the
Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating
circumstances exist to justify a greater extension of time to complete the activities, FCT shall
give the request due consideration. If the Recipient fails to correct the violation within either (a)
the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the
Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the
Trustees unless FCT negotiates an agreement with another local government, nonprofit
environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife
Conservation Commission, the Department of Environmental Protection or a Water Management
District, who agrees to accept title and manage the Project Site. FCT shall treat such property in
accordance with Section 380.508(4)(e), Fla. Stat.
XI. STANDARD CONDITIONS
I. This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict and shall be severable, but
shall not invalidate any other provision of this Agreement.
2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on
strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy ofFCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT
for any further or subsequent default by the Recipient.
3. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336,42 D.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in
telecommunications.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit lease bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
11
DRC\04-023-FF4
April 26, 2005
and may not transact business with any public entity in excess of Category Two for a period of 36
months from the date of being placed on the convicted vendor list or on the discriminatory
vendor list.
5. No funds or other resources received from FCT in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action
by the Florida Legislature or any state agency.
This Agreement including Exhibit "A" embodies the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
Witness:
CITY OF BOYNTON BEACH
By:
Print Name:
Title:
Print Name:
Date:
Print Name:
Approved as to Form and Legality:
By:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2005, by as of
on behalf of the Local Government, and who is personally known to
me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
12
DRC\04-023-FF4
April 26, 2005
Witness:
FLORIDA COMMUNITIES TRUST
By:
Janice Browning, Director, Division of
Housing and Community Development
Print Name:
Date:
Print Name:
Approved as to Form and Legality:
By:
Trust Counsel
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this _ day of
,2005, by Janice Browning, Director, Division of Housing and Community
Development. She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
13
DRC\04-023-FF4
April 26, 2005
EXHIBIT "A"
The following described land in Palm Beach County, Florida:
, LEGAL'DESCRIPTION: Easterly' portion, formerly MSA 638~ described as:
rhose portions of.a.tract described. by metes and bounds lying' in the S~ of 5ec.33
3nd\ln the ~ of-.the'SW~ of S,ec.34,T.:45S,R.43 E,'Palm'Beach County, mare pllrticu-
larlY ductibed -as follows: " .' . . '
~cr NO.1: Commence at the 1/4 section corner on line bet~een said Sec.~3 and 34,
for a point pf reference. From thence run.along the E and'W 1/4 section'line :
through Sec .34, N: 890 :;14 '40. E, a dist.ance of 155.91 it. t.o lln int.rs llction with
the W~ R/W,line of Intracoastal WatB'rway from ,Jacksonville to Mia!"i,. Da~, as
that R/W line is' shown on the plat.recprded in Pi~t Bt. 17, at. ?13-A.~of the
public rllcords of Palm Beach County: thence along said W R/W line, S 070 01' 04.
West,.a'distance'of 1~96.19 ft. to SW corner Parcel:~1 of said ICWW as shown in
said plat .book and' page, for a point of' beginning for the' tract tlereip de.scribed,
. From said point of,beginning run South 890 33' o~~ ~est, a di~tance of 363 ft.
tOoilpoint; thenc!! N.01 01' 04w E, a distance. of 3:48 .ft.. to 'a point;t.hence N.
89 33' 02~ East, iI distance of.363 ft. t.o'an intersect.ion with W R/W lina: thence
along sdd W R/W line, S 070 01' 04W W, a distance of 348 ft. t.o. pt. .of beginning;
also: ;~cr tK>~ 2:" The W'ly prolongation of S,l~' of Tract No. I, hereinabove,
descripe , to an'1ntFrs..cti~n.withE'lin.. of Federal Highway, also known a9 St.Rd..
Combined areas of Tracts 1 and 2 being 3.0 acres, more or less. TRACT NO. 3~ That
portion of aforementioned R/W Parcel iI, embraced within the Nand S line9 of
above described Tract No.1, when same are projected eastward, subject to rights
and easement ~_~_~ parcel he.ld .by Jl,~.of America: containing 0';2~ A.more or less.
TRACT'NOo'41 A portion of tho NE~ of the SE~ of Section 33, Town
ship 4~ S., Range 43 E., Palm Beach County , Florida, adjoining and
lying East of the ~ast.erly Right-otway Line of St.ate Road No.4,
West of and adjOining TraG' NO.rl-..and .North-.of and ajoining Tract #7;
said Tracts No.1 and 2 having been conveye~. py. Lanfranchi, Inc., to
Soard 'of COIIlllliss1-oners...of. .FINO-On ..4-1203-9, and recorded April 14, 1939,
. In Deed Book ~84. at page 420, of the.public records pi Palm Beach
\'Cou~ty, ,more".particularly de,scribeo a~ ~o1~ow~: . .:'. .
.Cooimence .a~.the 1/4 sect'fon'corner"on t.he ilne bet.ween aaidSections
33 and 34, for a point of reference. From said.point of reference
run along', t.h.. .East and 'West. 1/4 section line 'through said Secti on 34,
Nor~h 69 24' 40. E, a'distance of 155.91 ft. to an intersection with
the .W r/w line of the' Intracoastal waterw~y from Jacksonville to Mla~,
Florida, as that r/w line is shown on the plat recorded in P~at Book . ~ .
17,- at page 13-A; of t.he public- record:S'l)f"saio Pa!m"Beat:h County-:'- :'.
: . t!1~nc:..- alo!,g~ said' West. Right-or-way ~11le,' Sou-t!1. .0=1 .: 01' 04~ w, a (:Iil!tanc,!~
: of 1196.19 ft. to the 50uthIWst corner of.wparc'el'Me. ':11w which. point.. .'
. . ,is..lI\arkeif by, a coni::'r~te . monument': .thence S?uth' ~90 33."02w !leSt, 363..00' ::
. I fe&t:'1:h~nc? North 01? 07' 04" E~st.,~l?l?:fee.t t.o th!l point. of'~egi~~~n.~;
.Thence' ~rom'the point' of beginning above descrlbed~:South'89o 33' 02-
West,'332..60 feet.to the Easterly'line'''oT t.he 66'foot:width right'oT '.
way of' S~ate Road No. .4;: thence' ~ l~ng s a1 d. Easterly' .right-oI-:~ay: l~ne :
.'North;04 .58' 52".East, .331.46 feet to a concret.e monument. marking'
. ; the' NW. corner' of t.he '.tract. her!!!n' coiw,!!yed,: . the~c": Nort.!1. 890 33" '~2" :
-. !=ast, a~~..o~ le'et. to a c?ncrete m?numen"j: mark1'ng' tl)e. Mortheas.t- co:z:ner' .
.' of the, tract. lie rein conveyed; thence Sout.h 070' 07 ".04W: lias~, :332,87 : ,,:. ..'
. feet. to the poi!\t.of'beginnlng, contai~lng' 2.~7.' ~cr!!~,'II\Or'e or }.e.s.s.:. '. .
LESS AND EXCEPT:
'That port.ion of S 346' of N.
1183.25' of ~ of S~ of Sec.33, T.45S,R.43E, lying East of E R/W line of Stat.e
Road 5. and within 50' E'ly of, measured at right angles to, Base llnepf.Survey
of St.Rd.5, Section 9301-205. as shown on R/w Map of said road .
and section recorded in State and Count.y Road Plat Book 2, P'.156-165 inclusive,
P~ Beaoh County Public Records, containinQ 0.14 of an ~cre, more or less.
14
DRC\04-023-FF 4
April 26, 2005
VI.-CONSENT AGENDA
ITEM C.16.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 April 5,2005
0 April 19, 2005
0 May 3, 2005
0 May 17,2005
March 14,2005 (Noon.)
o June 7, 2005
I:8J June 21, 2005
o July 5,2005
o July 19, 2005
May 16,2005 (Noon)
April 4, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
I:8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
June 6, 2005 (Noon)
June 20, 2005 (Noon)
':.-')
July 5, 2005 (Noon) <) --I
'- ; --.-l--<'
c.. -'-(C.-
c:: ""q
0 ~..
Development Plans
0 New Business _J ~
"r-_
0 Legal J::"'..!'1t '-'. ~.......{
-.:l.t..
0 Unfinished Business I.C, .,
11c:J
0 -".,
Presentation c') (JJ>
,'71n
::t:
April 18,2005 (Noon)
May 2,2005 (Noon)
RECOMMENDATION: Please place this request on the June 21,2005 City Commission agenda under Consent, as
a resolution to consider the request from Sprint Spectrum to assign ground lease interest and obligations to Global Signal Inc.
and for certificate of estoppel (Ground lease for telecommunications tower at 3600 Miner Road. a.k.a. Water Storage Tank
Site). Staff recommends that this request be approved thereby allowing Global Signal, Inc., to essentially replace Sprint as the
tenant for the subject ground lease. For further information on the request, please refer to the accompanying resolution,
correspondence from Sprint and Global Signal, and the ground lease agreement/estoppel certificate.
EXPLANATION: Property for a telecommunications tower site has been leased by Sprint Spectrum at the Miner
Road Site since 1996. The lease agreement, in part, establishes the annual fee for the property including inflationary
increases, ensures that the lessee properly maintains the improvements, and requires the tenant to obtain city approval for
collocations, tower modifications and assignments. Through an agreement between Sprint and Global Signal, Global Signal
is assuming tower management responsibilities and will leaseback to Sprint tower space to maintain existing
telecommunications antennae and equipment. Staffhas reviewed the estoppel certificate and ground lease agreement, and
recommends that the corresponding resolution be approved thereby approving the subject request. This item has been
forwarded on short notice in response to the offer of$10,000 from Global Signal if the agreement is signed and returned by
June 24, 2005.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
NIA
NIA
NIA
City Manager's Signature
~/j C ~/
Planning and Zoni~;fi ector City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\SPECPROJ\TeleComm Towers\Agenda Item RequestSprint Gobel Signal Assgn (Water storage) 6-21-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. ROS-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING EXECUTION OF AN AGREEMENT
7 REGARDING GROUND LEASE BETWEEN THE
8 CITY OF BOYNTON BEACH AND SPRINT
9 SPECTRUM, L.P., CONSENTING TO THE
10 ASSIGNMENT OF A GROUND LEASE INTEREST
11 AND OBLIGATIONS TO GLOBAL SIGNAL, INC.,
12 FOR THE TELECOMMUNICATIONS TOWER
13 LOCATED AT 3600 MINOR ROAD AND PROVIDING
14 AN EFFECTIVE DATE.
15
16 WHEREAS, the City of Boynton Beach entered into a Lease Agreement and
17 Addendum for Telecommunication Tower Site with Sprint Spectrum L.P. ("Sprint"),
18 providing for the lease of public property located at 3600 Minor Road, Boynton Beach,
19 Florida for a telecommunications tower, said lease and addendum each dated October 30,
20 1996; and
21 WHEREAS, Sprint is requesting to assign the ground lease interest and obligations to
22 Global Signal, Inc., and for certificate of estopple; and
23 WHEREAS, staff has reviewed the request and recommends that the City consent to
24 the request thereby allowing Global Signal, Inc., to essentially replace Sprint as the tenant for
25 the subject ground lease.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
28
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 . being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
31
Section 2.
The City Commission of the City of Boynton Beach, Florida does
32 hereby authorize execution of an Agreement Regarding Ground Lease between the City of
33 Boynton Beach and Sprint Spectrum L.P., consenting to the assignment of the ground lease
34 interest and obligations to Global Signal, Inc., and for certificate of estopple for the
C,lDocuments and SeNings\pylejllocal SeNingslTempornry Internet FileslOlKC1E\Spnnl Assign to Global (Minor Road).doc
1 telecommunications tower located at 3600 Minor Road, Boynton Beach.
Section 3.
This Resolution shall take effect immediately upon passage.
2
3
4 PASSED AND ADOPTED this _ day of January, 2005.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor
10
11
12 Vice Mayor
13
14
15 Commissioner
16
17
18 Commissioner
19
20
21 Commissioner
22 ATTEST:
23
24
25
26 City Clerk
27
28
29
30
C,\Documents and SetlingS\pylej\local Setlings\Tel'fllOrary Internel FileslOlKC1E\Spfint Assign 10 Global (Minor Road).doc
~ ~ SM
global signal
Meeting needs. Exceeding exp~ctations.
June 9, 2005
Mike Rumpf
P.O. 310
Boynton Beach, FL 33425
RE: Estoppel Certificate MI03XC076 & MI03XC072
Dear Mr. Rumpf:
Enclosed for your review and signature, please find a revised Agreement Regarding Ground Lease. I
have changed 3(a) from the original agreement as requested. In addition, upon the receipt of both
agreements, signed and without any further modifications by June 24,2005 Global Signal will send the
City ten thousand $10,000.00
For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express envelope.
Please execute the enclosed Agreement and forward the same using the enclosed envelope or mail to:
Global Signal Inc. (Project CL-EST)
301 North Cattlemen Road
Suite 300
Sarasota, Florida 34232
Should you have any additional questions, please do not hesitate to contact me directly at (941)
309-1624.
Thank you for your cooperation with this matter. We look forward to working with you in the
future.
Sincerely,
~A~
James L. McKinstry
Global Signal Inc.
P: (941) 309-1624
F: (941) 309-1524
E: jmckinstry@gsignal.com
I,
301 North Cattlemen Road. Sarasota, Fl. 34232.888.748.3482.941.364.8886. fax 941.364.8761
~Sprint
February 25, 2005
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CITY OF BOYNTON BEACH
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, R.. 33425
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Re: Estoppel Certificate 3295-MI03XC076
Cl
Dear CITY OF BOYNTON BEACH:
Sprint is excited to announce that it has recently entered into an agreement with Global
Signal whereby Global Signal will sublease from Sprint its interest in the Lease with you and will
manage the existing tower on Sprint's behalf. Accordingly, Global Signal will assume Sprint's
obligations under the Lease.
In connection with this transaction, it is important that Landlord and Sprint make certain
acknowledgments with respect to certain matters in the Lease by executing the estoppel
certificate enclosed herewith. Sprint has approved the form of the enclosed estoppel.
Global Signal is one of the largest wireless communication tower owners in the United
States based on the number of towers owned. We are confident that both you and Sprint will
benefit from Global Signal's very substantial experience in operating and managing
communications towers.
For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express
envelope. Please execute the enclosed estoppel and forward the same using the enclosed
envelope or mail to: Global Signal Inc. (Project CL-EST), 301 North Cattlemen Road Suite 300,
Sarasota, Florida 34232 within the next week.
Please call Global Signal if you _need any assistance or have any questions regarding this
matter. You can reach Global Signal's estoppel hot1ine by calJing (888) 748-3482, extension
3590. Sprint has authorized Global Signal to act on its behalf in this regard.
Sprint thanks you in advance for your cooperation and prompt attention to this important
matter and looks forward to continued good relations with you.
Very truly yours,
c- Z4~
!Enclosures
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Recording requested by
and when recorded
return to:
Global Signal Inc.
301 North Cattleman Road
Sarasota, FL 34232
Attn: General Counsel
AGREEMENT REGARDING GROUND LEASE .
THIS AGREEMENT REGARDING GROUND LEASE (this "Agreement") is made as
of , 2005, between the party identified as "Landlord" on the signature page hereof and
SPRINT SPECTRUM L.P., a Delaware limited partnership ("Tenant')
RECIT ALS:
A. Landlord and Tenant are now parties to that certain Lease Agreement for
Telecommunications Tower Site dated August 13, 1996, a copy of which is annexed hereto as Exhibit A
(the "~"), covering certain real property more particularly described on Exhibit A attached hereto
(the "Propertv");
B. Pursuant to an agreement dated February 14,2005 by and among Tenant, certain
subsidiaries of Ten ant and Global Signal. Inc., the Lease and the property related thereto (the "Premises")
will be assigned to an affiliate of Tenant (''Tenant Affiliate"); and, after such assignment, the references
to Tenant herein shall apply to Tenant Affiliate;
C. Pursuant to a sublease (the "Sublease''), Tenant Affiliate will sublease its entire
interest in the Lease to an affiliate of Global Signal ("Subtenant") in exchange for certain prepaid
consideration and Subtenant will then leaseback to Tenant (and/or one or more of its affiliates) the portion
of the leased premises on which Tenant's teleconnnunications equipment is currently located in exchange
for certain ongoing payments (collectively, the "Lease and Lease Back Transactions");
D. Certain lenders (each, together with their successors and assigns, a "Lender")
may make a loan to Subtenant or certain of its affiliates secured by a mortgage or other security
instrument encumbering Subtenant's interest in the Sublease; and
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
CITY OF BOYNTON BEACH WATER (MI03XC076) (3295-FL).DOC
1. Consent. To the extent any such consent is required by the Lease, Landlord hereby
consents (a) to the acquisition by Tenant Affiliate (or any affiliate thereof), directly or indirectly, of
Tenant's interest in the Lease, (b) to the Sublease (and the recording of a memorandum of the Sublease)
and (c) to the Lease and Lease Back Transaction.
2. Estoppel Certificate. Landlord certifies That (and Lender may .rely on such
representations) the following statements are true as of the date hereof:
(a) Tenant is the current tenant under the Lease (a full copy of which, including all
amendments thereto, is annexed as Exhibit A), and the Lease is in full force and effect and contains the
entire agreement between Landlord and Tenant with respect to the Property. Landlord is either the owner
of the fee simple interest in the Property or the holder of a valid leasehold interest in the property and the
person or entity signing on behalf of Landlord is authorized to do so and no other person or entity's
signature is required to bind Landlord.
(b) No default exists under the Lease on the part of Tenant, and, to Landlord's knowledge, no
event or condition has occurred or exists which, with notice or the passage of time or both, would
constitute a default by Tenant under the Lease.
(c) No payments to Landlord are required under the Lease for the Lease and Lease Back
Transactions or otherwise in connection with the above consents.
3. Agreement with Respect to the Lease and Sublease. Landlord hereby agrees with respect
to the Lease as follows:
( a) Lender and Subtenant shall have all of the rights of Tenant under the Lease, including the
right to exercise any renewal option(s) or purchase option(s) set forth in the Lease, and shall have the
right to assign the Sublease subject to Landlord's consent, which shall not be unreasonably withheld,
conditioned or delayed.
(b) Landlord shall deliver to any Lender and Subtenant (in each case at such address as shall
be designated in writing to Landlord) a copy of any default notice given by Landlord to Tenant Wlder the
Lease. No default notice from Landlord to Tenant shall be deemed effective as against any Lender or
Subtenant unless received by such Lender or Subtenant.
(c) If Tenant defaults on any monetary obligations under the Lease, Landlord shall accept a
cure thereof by any Lender or Subtenant within thirty (30) days after delivery of notice of such defaults.
For non-monetary defaults, Landlord shall not tezminate the Lease for so long as a Lender or Subtenant is
diligently pursuing a cure of the default, and if curing such non-monetary default requires possession of
the Property, then Landlord agrees to give the Lender or Subtenant a reasonable time to obtain possession
of the Property and to cure such default.
(d) Landlord acknowledges none of Tenant or Tenant Affiliate may terminate, surrender or
cancel the Lease except as provided in the Lease and may not amend the Lease in a manner that
materially increases the liability or obligations of Tenant or Tenant Affiliate or decreases the rights of
Tenant or Tenant Affiliate without the prior written consent of Lender.
(e) If the Lease is terminated by Landlord for any reason, or otherwise rejected in
bankruptcy, Landlord will enter into a new lease with either Lender or Subtenant on the same terms as the
Lease, provided that all past due amounts under the Lease are paid to Landlord within 30 days of notice to
Lender and Subtenant of such termination.
2
CITY OF BOYNTON BEACH WATER (MI03XC076)(3295-FL).DOC
4. Memorandum of Lease. To the extent the Lease or a memorandum thereof has not
previously been recorded, this Agreement shall constitute a "memorandum of lease" under applicable
State law and may be recorded in the applicable public records, the provisions of the Lease (with certain
fInancial tenns redacted therefrom) being as set forth on Exhibit A annexed hereto and made a part
hereof.
5. Notices. All notices sent to any Lender or Subtenant shall be in writing and sent by
United States rnail postage prepaid or other reputable courier service at the following address: c/o Global
Signal Inc., 301 North Cattleman Road, Suite 300, Sarasota, FL 34232, Attn: General Counsel; or to such
other address as Lender or Subtenant shall have notified Landlord in writing.
6. Miscellaneous.
(a) If this Agreement is inconsistent with the Lease, this Agreement shall control.
(b) This Agreement shall be binding upon Landlord and its successors and shall benefit each
of Lender and Subtenant and their respective successors and assigns'.
(c) This Agreement may not be amended or modified except by a written agreement
executed by Landlord, any Lender and Subtenant. This Agreement may be executed in any number of
separate counterparts and all signatures need not be on the same counterpart.
[SIGNATURE PAGES FOLLOW]
3
. CITY OF BOYNTON BEACH WATER (MI03XC076)(3295-FL).DOC
TENANT
IN WITNESS WHEREOF, the Wldersigned, by its duly elected officer(s) and pursuant to proper
authority has duly executed, acknowledged and delivered this instnnnent as its true act and deed.
SPRINT SPECTRUM L.P.,
a Delaware limited partnership
By:
Name;
Title:
CIlY OF BOYNTON BEACH WATER (Ml03XC076) (3295-FL).DOC
EXHlBIT A
Lease and Legal Description
(see attached)
CITY OF BOYNTON BEACH WATER (MI03XC076) (3295-FL).DOC
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LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE
1:HIJ lEASE AGREEMENT (!he · Ag,OOl'lH>nI'), fna<le and entered into II1is !he
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a municipal corporation
(Hereinafter referred to as .CITY")
AND
Sprint Spectrum. L P.
A Delaware limited Partnership
(Hereinafter referred to as -TENANr)
WHEREAS, CfTY is the owner of a certain real property located at 3600 Miner
Roatl. Boynton Beach, Aorida 33435, Palm Beach County, Florida; and
. W.HEREAS, TENANT desires to lease a portion of ~id real property to construct,
operate, andmaintalrl teieconimunications tower and" 5iJppo(t equipment; arid.
WHEREAS, CITY staff has reviewed the request of TENANT and recommends that
TENANT lease a portion of said real property; and
WHEREAS, the City Commission concurs with the recommendation of staff and .
deems it in the best. interest of the City.of Boynton Beach to lease a portion of said real
property to TENANT; and
WHEREAS. CfTY and TENANT have negotiated an understanding for the leasing of
a portion of said real property; and
WHEREAS, .ClTYand TENANT desire to red~ their understanding to Writing; now
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IN CONSIDERATION OF Ten ($10.00}bbtfats, in hand paid by TENANT to
CIlY, as well as the mutual covenants hereinafter exchanged, the parties agree as
follows: ,
SectiJ 1. ~EAL PROPER.TV TO liE LEASED #
1.0t CITY .shali ieasa to TENANT that~rtain 'P~~I of realpr~~rty, situated '.
in Boynton Beach, Palm Beach County, Florida, together with a nonexclusive easement
for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or
motor vehicles, including trucks, and for installation and maintenance of utility wires,
cables:conduits and pipes over, under or along twenty (20') foot wide easement
extending from nearest public right.of-way (more particularly desaibed in Exhibit A),
which is Miner Road, to the leased property and right-of-way for access are hereinafter
refer're<f to as the · Property" . The said Property is located at 3600 Miner Road, in the
City of Boynton Beach.
Section 2. DUTIES AND RESPONSJ8IUTIES OF TENANT
2.01 TENANT shall use the Property for the purpose of constructing,
maiOtaining and operating a telecommunications tower and uses incidental thereto,
consisting of a structure or structures, as necessary now or in the future, to house its
telecommunications equipment. freestanding antenna support structure (pc;>le),not to
e~ '50' ' (one ~~ fifty f~tl to, meetTENANT's t~IecornlTlQn~tioriS neEtds and'
all necessarY Connecting appurtenances. TENANT upon the approval of CITY may'
modify its antenna support structure and building(s); said approval shall not be
unreasonably withheld by CITY.
2.02 TENANT shall place around the perimeter of the Property a security fence
of chain-link construction, or similar but comparable construction. which meets the
requirements of the Code of the City of Boynton Beach.
2.03 TENANT shall be respOnsible for soil borings and similar tests which may
be required as a condition of construction and for all expenses related to its
~provements which, may ~reafter be constructed upon Property.
. .
2.04 TENANT SharI mafntS;O'the property in a reaSOnable Condition and ~ ,
all requirements imposed by ordinances of the City of Boynton Beach and Pam Beach
County, Florida.
2.05 The CITY also reserves the right to at any time during the lease, instaff or
have,instatled other antennas for govemment usage on TENANT's tower. All antennas
shall ~. placed at an elevation as to provide the most effective use and ~ such
approval not unreasonably withheld; provided, however, the CITY"S or other antennas
shall not interfere with TENANT'S operations on the Property. Should TENANT install
an emergency generator on the Property. the CITY may access and connect only its
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communications equipment to TENANt.S ~merg~ncy generator.
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2'06 TENANT shall furnish, to its unmanned equipment structure, electric or .
telepho1e service for the operation of TENANT's telecommunications equipment.
TENANt ~II be solely liable for electricity expens~, relating to its instal/Ertion and ,
'eqUipment. , TENANT's ~lectrical s~rviC8 sflall be separ.atEiIy' ~etered; and TE~ .
. shall be responsible for aU-Costs asSOciated with~eteriilg~ inCludinguthe cost of '
installing any meter. If TENANT should inSt~II any emergency generators at this
Property, said generator shalf CQmply with Palm Beach County's Wellfield Protection
Ordinance.
2.07 TENANT shall submit all required applications for pennits to the
applicable CJTY and/or County departments for review and approval and required fees.
2.08 TENANT will be responsible for making any ~ssary returns for and
paying any and all pr~perty.taxes separately levied or assessed against its
improvements on the Property. TENANT shall reimburse CITY, as additional rent, its
proportionate share of any increase in real estate taxes levied against the Property in
exce.ss of the taxes due for the 1996 real estate taxes on the ~al property in which the
' ProPerty is a part and against TENANT's improvements by the taxing authorities.
2.09 TENANT, upon t~nation of this Agreeme~. shall. within a reasonable
PeriOd, remove'jtS perSonal propertY andfiXtores and restore the property to its.original .
condition, reasOnable Wear and tear exCepted. At CITY's oPtion, When this Agreemenf
is terminated and upon CllY"s advance written notice to TENANT. TENANT will leave
the foundation. the tower structure and security fence, to become property of CITY.
TENANT shall pay rent at the then existing monthly rate or on the e.>dsting monthly pro
rata basis. if based upon a longer payment term, until such time as the removal of
perSonal property and fIXtures are completed.
2.10 TENANT shall keep the Property free from any liens arising out of any
work performed, materials furnished, or obligations incurred by or for TENANT.
TENANT shaH, within twenty (20) days following the imposition of any such lien, cause
the sam~ to be re.leased of record by payment or posting of a proper bone!. No work
,which CITY permits TENANT fo-perform onfhe .Property shall be ~ed to be for.ttle . ,
Use aOd benefit 0; CITY, so thaf no rnec!lanlcs ,or ,other' lien .shall' be allowed against lIJe "
estate of CIlY by reasop of its consent to such work: cnv shall haVe the right fu post
notices that it is not resPonsible for payment for any such work.
2.11 CITY hereby grants TENANT as a primary inducement to the TENANT's
entering into this Agre~ment. the first priority right to I05taJl its antennas and operate its
telecommunications ~ at the Property. From time to time CITY may grant. to itself
and to other entities. the right to operate telecommunications facilities at the Property
andfor the right to install antennas in COMedion with the OPeration Of such facilities or
other COrnmtMlicati()OS facilities; provided. however that CITY shall not aHow the
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operation of such facilities and anteMas by other tenarjts to interfere with the operation
of TENANT's antennas and equipment as it exists at the time of such other tenant's .
installation or as it may be modified at any time during the term of this Agreement, as
the sarrL may be extended. If any such interference occurs, CITY agrees to eliminate,
if theac:ktitional equipment is operCited by the City, ~ or ~us~ ~, elimifV;ltion of, If such
~ipment. is op~tedby.athird party,suctJinteftererice' Wlth ,~NANt.s Operations: _.
- within a reasonable tHrie .after' receipt of TENANT's notice' Of suCh 'interference and, if'
necessary, to cause the interfering party to cease its operations. If such interference
continues far more than thirty (30) days after TENANT's notice to CITY with respect to
such interference, then TENANT shall have the right, in addition to its right to pursue
any or all remedies available to it at law or in equity, to immediately terminate this
Agreement by giving written notice to CfTY of such termination. The CITY hereby also
agrees that the TENANT has no obligation or requirements to upgrade or modify the
Tower to facilitate the use of the Tower for other entities which the CITY may au1horize.
Any or all costs associated therewith, shall be borne by parties other than the TENANT.
2.12 CIlY hereby agrees that, if because of TENANT's operations on the
Property any laws or regulations of the Federal Aviation Administration, Federal
Communications Convnission or any other relevant governmental agency or body
require or recommend that TENANT's antemas ancfIor the T~r be lit and/or marked,
TENANT may install-and maintain such lighting and markings. In no event, hOwever.
shafl TE~ be responsible for the installation ~ maintena~ of any lighting or
. mai'kings reqUirEid by.ttle' operations' of CITY Or any otherten8rit in the TQWer. GfTY. .
wilt permifTENANT acCeSs to alt portions of the T~r that TENANT may need .norder .
to check and reptace such required or recommended lighting or marking.
, Section 3. DUTIES AND RESPONSIBIUTlES OF CITY
3.01 CITY shatl cooperate with TENANT in its effort, to obtain certifICates;
permits and other approvals that may be required by any federal, state or County
authorities.
3.02 CITY shall grant TENANT the right to survey said property in order to
meet requirements to submit the applications for permits.
~ . . . ."
-" 3,.03 ClTYshail cooperate With TENANT in itS effort to obtain uti'ity'services' '.
along said right-of-way, including signing sUch documents of easements 'itS may be
required by any public utility is unable to use the aforementioned right--of-way, the CITY
hereby agrees to grant an additional right-of-way, either to the TENANT or to public
utility, at no cost to the TENANT. .
Section 4. ACKNOWlEDGMENT
4.01 CITY and TENANT acknowledge that TENANT'S ability to use the
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Property is contingent upon TENANT obtaining, after the execution of this Agreement,
all the certifICates, pennits and other approvals that are required by any federal. state
and/or local authorities. In the event that any certifi~te . permit or approval issued to
TENArIr is canceled, expires, lapses or is otherwise withdrawn or terminated by a
governmental authority, so that TENANT is unable'louse said real pro~rty forits .,
. 'intendedpurpOSe, .TENANT ~haUhave the.tighHotermi~atEnhis.Agreernent pursuant
to'Seciion7~01.. .. .' ". " , "
4.02 Prior to the submittal of the application for the required building permit,
TENANT shall have the right to perform or caused to be performed and shall' have
corripefed an assessment of the Property and the adjacent areas in order to determine
whether such are contaminated by hazardous substances or pollutants. If the
assessment reveals the presence of hazardous substances or pollutants beyond levels
acceptable to TENANT and under applicable environmental Jaws, TENANT shall have
the right to tenninate this Agreement pursuant to Section 7.01.
4.03 CITY covenants that CITY has good and sufficient title and interest to the
property and has full authority to enter into and execute this Agreement CITY further
covenants that there are no other liens, judgements or impediments of title on the
ProPerty.
. SeCtion 5. TERM 'OF AGReEMENT
5.01 See Attached Addendum - Paragraph 2 - Rent
5.02 TENANT shall have the option to extend this Agreement for four (4)
additional Five (5) year terms. Such extensions shall automatically occur unless
TENANT gives written notice to the other party of its intention nollo extend this
Agreement at least six (6) months prior to the end of the current term.
5.03 If. at the end of the final year extension term. this AQreement has not
been terminated by TENANT giving to the other party written notice of Its intention to
terminate at least six (6) months prior to the end of the term, this AQreement shall
. remain.;n.forCe .and effe~ upon.the same cOvenanJs", termS. andcOnditiOlis: .'The
. . .; Aoreement shall b8 fOr annual teims thereafter Unless termInated by eithefPariY hy. "
gJving the other party written notice of its intention to terminate at least six (6) months
prior to the end of the term. .
section 6. CONSfDERA TION
6.01 See attached addendum . paragraph 2 _ Rent
6.01 (a)
Services Provided to the City.
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6.03 See attached Addendum, Paragraph 3 - CPt
6.04 This is a net-net-net lease and TENANT shall pay all sales taxes, real
estate taxes assessed against TENANT'S property. utility charges, cost of
maintenance, and all other charges and expenses associated with the tenant's use of
the demised premises of this Lease.
Section 7. TERMINATION
7.01 The TENANT may terminate this Agreement by providing a ten (10)
calendar day written .notice prior to the effective term~nat~n date.
7.02 Prior t~ ih~- end of eac., five (5) year terin, -rENANT may tenTiinate' this .'
Agreement by providing written notice to the COY at least six (6) months prior to the
end of the current term.
7.03 Should TENANT default under any of the terms of this Agreement, CITY
may terminate this Agreement for cause by providing a sixty (60) day written notice to
TENANT; however, TENANT shall be given the opportunity to correct any default within
thirty (30) calendar days of receipt of written notice. This Agreement shall not be
tenninated if such default is of a nature that it cannot be cured in thirty (30) calendar
days and TENANT is diligently proceeding to cure such defect.
: 7.04 'n. the. ~Yent of termination. of ~s Agreement by TENANl', all rentalfees '.'
paid Prior to said termination daie shall be r.8ined .bythe CITY. . _ .: .'
7.05 Upon termination,. TENANT shall offer CITY farst option to purchase said
il9tenna structure and certain remaining improvements for the agreed upon sum of One
Hundred ($100.00) Dolfars. CI1Y shall have ninety (90) calendar days from the
effective
date of termination in which to exercise this option.
Section 8. INDEMNIFICATION
6.01 General Indemnification: TENANT agrees to Indemnify, save and hold
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hannless and defend CITY, its City Commission members, officers, agents and
employees, from any and all claims, damages, liability, losses, causes of action of any
nature whatsoever, which may arise out of. in coMection with or because of the use
and oc4Jpancy of the property by TENANT or its officers, agents, emplOyees or
indepeddent contractors under this Agreement or the breach of this Agreement by
,TENANT.PlIrSuantto its liability, TENANT shall pay.all.Claims, J~es,lierisOt: '..,' '
. settlements or judgments,' of any natUre WhatSOever; · in connection thereWith including, "
but not limited to, paralegal fees, attorney's fees and costs to defend all claims or suits.
including attomey;s fees on appeal, in the name of CITY when applicable, and shall
pay all cost .and Judgments which may issue thereOn at both the bial and appellate
levels. 'Such Indemnification shall not be limited to the amount of comprehensive .
general liability insurance which TENANT is required to obtain under this Agreement
This indemnity shall not apply to any claims arising from an act of gross negligence or
intentional misconduct of the indemnified party.
8.02 Nothing contained herein is intended nor shall be construed to waive
CITY'S rights from immunities under the common law or Florida Statutes, 768.28, as
amended from time to time.
Section 9. INSURANCE
9.01 TENJ\NT maintains a risk management program which provides for
. cornp(eh8~ive QeneralliabiJity,properly in~Urai1ce: and workers"~nsauQn. "
Verification of said program has been submitted to the CITY'S.Risk Management. '
Coordinator. The CITY shall receive a thirty (3D) calendar day written notice in event of
any change in the current program having an effect upon the breadth of coverage with
respect to 'imitations and any variance with respect to limits of liability, if less than
thoSe Indicated in the program submItted to the CITY'S Risk Manager.
9.02 UPON EXECUTION OF THIS AGREEMENT BY TENANT, THE CITY OF
BOYNTON BEACH SHALL BE NAMED AS AN AOOmONAlINSURED f!.S ITS
INTEREST MAY APPEAR WITH RESPECT TO THE REQUIRED COVERAGES AND
:THE OPERATIONS OF TENANT UNDER THE AGREEMENT. ..., . .
Section 10. ASSIGN/ltfENT
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10.01 'This A9reement may not be sold, sUbleased: aSSigOed or tranSterrild at
any time except to TENANT's principal. affiliates or subsidiaries or its principal, or to
any company upon which TENANT is merged or consolidated. As to other parties, this
AQreement may not be sold, subleased, assigned or transferred without the written
consent of the CllY; such consent shall not be unreasonably withheld. This provision
wjJ' not preclude TENANT from allowing other parties to co-Iocate on the Property to
Tower, so long as this Agreement is In effect, the City consents in writing, and the co--
located equipment does not interfere with existing equipment
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Section 11. COMPlIANCE WITH LAWS.
1:f .01 TENANT shall comply with all statutes, laws, ordinances,' rules,
regu. l,ati'nS an. d lavn. ul orders. of the U. nited States of Ameri.ca, State of FIOri.d a, City of
,Ooynt04 Beach, Palm Beach C()unty, and of any other pubJicautnority whia, may b~
.. 'applicable.'. ". ". . ,.' . ,
Section 12. GOVERNING LAW; VENUE'
12.01 The validity, construction and effect of this Agreement Shall be governed
by the laws of the State of Florida.
12.02 Any claim, objeCtion or dispute arising out of the tenns of this Agreement
shall be litigated in the Fifteenth JudiciarCireuit in and for Palm' BeaCh CoUnty, Florida
Section 13. INSOLVENCY
13.01 In the event that either party shall become insolvent, make a general
assignment for the benefit of creditors, suffer or permit the appointment of a receiver for
its bUsiness or its assets or shall avail itself of, or become subject to, any proceeding
under the federal Bankruptcy Act or any other statute of any state relating to insolvency
. Of. the protection of rights of Creditors, or ~come subject to rehabil~at~ then, at the
oPtion of the other ~rty and im~diately up9n written' notICe, thIs Agreement shall' .
. termiriateand be of no. further force and effect. " ., .
Section 14. ENTIRE AGREEMENT
14.01 This Agreement contains the entire understanding of the parties relating
to the subject matter hereof, supef$eding all prior comlTU1fcati()fl between the parties,
whether oral or written. This Agreement may not be ahered, amended, modified or
otherwise changed nor may any of the terms hereof be waiVed, except by a written
instrument executed by both parties. The faifure of a party to seek redress for violatJon
of or to insist on strict performance of any of the covenants of this Agreement shalf not
be construed as a waiver or relinquishment for the future of any covenant. term,
.' .: C9r1dition or. election.. but, the saine shall continue ~ remain. in,fu~,f~. ~n~ eff~~
, .'
'Section 15. SEVERABILITY
15.01 Should any Part. term or provision of this Agreement be by the
courts decided to be invalid, iIlegaf or in conflict with any law of this 'State. the validity of
the remaining to be invalid, illegal or in conflict with any Jaws of this State, the validity
of the remaining to portions or provisions shall not be affected thereby.
Section 16. NOTICeS
~
.... ,'.
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16.01 All notices or other communications required by this Agreement shall be
in writing and deemed delivered upon maifing by certified mail. return receipt
requested, to the following persons and addresses:
.. f. CITY; CilYMaoager .
,City of Boynton Beach .
P'.O;Box 310
Boynton Beach, Florida 33068
WITH
COpy TO:
James A Charof. City Attorney
Joslas, Goren, Cherof. Doody & Ezrol. P.A
3099 East Commercia) Boulevard, Suite 200
Fort Lauderdale, Florida 33308
TENANT:
Splint Spectruc. loP., a,
DeJware limited Partnership
WITH
COpy TO: Mastrina/Ctvistiansen
Attorneys allaw
27SO North Fed.eral Highway
. Fl . ~auderdale, Fl33306
Section 17. OTHER PROVISIONS
17.01 Should the CITY, at any lime during the term oflhis Agreement, decide to
sell all or part of the Property to a purchaser other than TENANT. such sale shall be
under and subject to this Agreement and TENANT's rights hereunder, and any sale by
the CITY of the portion of this Property underlying the right-of-way herein granted shaff
be under and subject to the right of the TENANT in and to SUCh right-of-way.
17.02 If the whole of the Property, or such portion thereof as will make the
Property unusable for the purposes herein leased, are condemned by any' ~egally
'. ~t4ed.~t,ltt)prityfor anywbJic:l,Ise or purpose~ then in either of said event$.~ '.
'term het~y .g~nted sooil ce~s~' ftom the. time wt:len PbS$ession ~erePf is .faJ<8p by' .'
public authorities, and rental shall be accounted for as between CITY and TENANT as
of that date. Any lesser condemnation shall in no way affect the respective rights and
obflBations of CIlY and TENANT hereunder. NOthing .rithis provision sha,r be
construed to limit or affect TENANT's right to an award of compensation of any eminent
domain proceeding for the taking of TENANT's leasehofd interest hereunder.
17.03 City covenants that TENANT, on paying the rent and performing the
covenants, shaff peaceably and quietly have, hold and enjoy the Property.
~
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17.04 Attorneys' Fees. If any party obtains a judgement against any other party
by reason of breach of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees and costs. including paralegal costs, at both the trial and
eppella' levels.
J .
, .
. Section' 18.' PUBUC RECORDS
18.01 CITY and TENANT agree that a copy of this Agreement shan be recorded
in the Public Records of Palm Beach County, Florida, upon execution of this
Agreement. The Cost for recordation shall be paid by the TENANT.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year farst above writter:'-
ATTEST:
CITY OF BOYNTON BEACH, FL
~/::f~#~~~,
Approv~ as tc? Form: Mayor
2!~~wL-
State of Florida
County of Palm Beach
The foregoing instrument was acknowfedged before me. the undersigned Notary
Public in and for the State of Florida. on this. the (ptJ. day o~. 1996. by
. . G~d Taylor. ~SUb~~9. City Clerk and Mayor. respectively. .
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NOTAR" PUBLIC
SEAL of OFFICE
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Printed, typed or stamped name of Notary
Public exactly as commissioned
Individuals who signed are personally
known: no identification produced
TENANT
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TItle: )>-ILDrA~ .sd'~ _ t' o-(.a.s-#-
STATE OF FLORIDA )
COUNTY OF PafA. Bbd~T )
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I HEREBY CERTIFY that on this S:TD= day of
D ~hd... :x,. .,qql_ before me personaDy appeared
~~ .J;'...) L. L.i-f/-e.. of PCS, to me personally known to be the
eNS_ of. o,~. :D~ ~.:lcIC...
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individual who executed the foregoing instrument and acknowledged before me thai he
executed the same for the purpOses therein expressed on behalf of PCS.
~t!~nd ofIi~'~ of this J.p. day of
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Notary PubIk:
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My Commission Expires: ,lll/i).,ooo
~&Y"l.ft.. DEBRA ANN STEPPE
900182 II: ~ CONMISSlON # CC 524148
~Ir b.6 EXrIAES JAN 11, 2000
Tower.1se 'lfClF~
ReV. 5122/96
6/4/96
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ADDENDUM TO PCS SITE AGREEMENT
Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9504
..~~~~.~~~~T~(3~OMinerRoad.BoyntonB~C:h.FL3J436)' ,_'.'_. ,.".
, '., TInS- ADDENPUM modifies and airiends the }>>CS Site ~t referred to herein IS foDows:,'
1. Personal Property, Real Estate and Intangible Taxes: SSLP will pay'aD personal property
and intangible taxeS levied or assessed on the PCS system. SSLP will pay any increase in Owner's real
estate taxes directly attn"butable to the PCS installation.
2. Rent: Notwithstanding anything to the contrary contained herein, rent wiD commence OIl
the Rent stait Date. Rent will be paid annually in advance on the Rent Stut Date and on caclt
anniversary of it. The Rent Start Date shall be the earlier of (a) the date which is 30 days after the
issuance of a building permit tor instaUation of the pcs. or (b) the first day of the month foDowing
commencement ofphysicaJ preparation of the Site. ~ annual rent wiD be $12.500. partial years to be
pro-rated.
2.a Upon the issuance of a Certificate of Occupancy by CITY for TENANTs
Communications Facility, TENANT shall in lieu of making the payment of rent for the Initial five year
ternus provided hereinabove.. TENANT shall pay to CITY a ooe time lump sum payment of SEVENTY-
FIVE mOUSAND AND NOllOO ($15,000) DOlLARS. This lump sum payment shaD constitute the
~vance rentalpa}rment 'by TENANT for the initial five year lease tenn. '
3. CPI: The annual rent for each Renewal TenD will be the annual rent in effect for the final
year oftbe Initial Term or prior Renewal Term, as the case may be, increased by an amount based upon
the cumulative percent increase of the CPI (Consumer Price Index - U.S. City Averages for Urban Wage
Earners and Clerical Workers - 1982-84 - lOa, published by the United States Department of Labor.
Bureau of Labor Statistics (or reasonable equivalent index if such index is discontinued)) between the
commencement of the Initial Term and the end of the Initial Term. or the commencement and end of the
Renewal Term. as the ~ may be, such increase not to exceed 20 percent in any case.
4. Addendmn Conttols: In the ,event ofa conflict between PCS Site Agreement and this
Addendum, this Addendum shall control
". . '. .
." . -. ."
.' '
", ~~ __ ,'.res ~_ ~ ui~: . An t~,and con.ditlonsofthe pes' ~ite' Agreement ~ .
and Extn"bits ,thereto which are not inconsistent herewith remain in full force and 'efrCct. -
OWNER: CITY OF BOYNTON BEACH. FLORIDA
BY:
SSffax No. 59 2
100 East Boynton Beach oulevard
Boynton Beach. Florida 1J-r ,/
DATE: fJ / f&;;
I
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VI.-CONSENT AGENDA
ITEM C.17
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Comrnission Date Final Form Must be Turned Requested City Comrnission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 5,2005 March 14,2005 (Noon.) D June 7, 2005
D April 19, 2005 April 4, 2005 (Noon) I:8J June 21, 2005
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005
D May 17,2005 May 2, 2005 (Noon) D July 19,2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16, 2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
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D Administrative D Development Plans _1
NATURE OF I:8J Consent Agenda D New Business
~I
AGENDA ITEM D Public Hearing D Legal -....
D D Unfmished Business \L;
Bids
D Announcement D Presentation 0',
D City Manager's Report
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RECOMMENDATION: Please place this request on the June 21, 2005 City Commission agenda under Consent, as
a resolution to consider the request from Sprint Spectrum to assign ground lease interest and obligations to Global Signal Inc.
and for certificate of estoppel (Ground lease for telecommunications tower at 222 NE 9th Ave. a.k.a. Public Works
Compound). Staff recommends that this request be approved thereby allowing Global Signal, Inc., to essentially replace
Sprint as the tenant for the subject ground lease. For further information on the request, please refer to the accompanying
resolution, correspondence from Sprint and Global Signal, and the ground lease agreement/estoppel certificate.
EXPLANATION: Property for a telecommunications tower site has been leased by Sprint Spectrum at the Public
Works Compound on NE 9th Avenue since 1996. The lease agreement, in part, establishes the annual fee for the property
including inflationary increases, ensures that the lessee properly maintains the improvements, and requires the tenant to obtain
city approval for collocations, tower modifications and assignments. Through an agreement between Sprint and Global
Signal, Global Signal is assuming tower management responsibilities and will leaseback to Sprint tower space to maintain
existing telecommunications antennae and equipment. Staff has reviewed the estoppel certificate and ground lease agreement,
and recommends that the corresponding resolution be approved thereby approving the subject request. This item has been
forwarded on short notice in response to the offer of $1 0,000 from Global Signal if the agreement is signed and returned by
June 24, 2005.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
NIA
NIA
NIA
City Manager's Signature
~7'~
Planning and ZoninlD ector City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\SPECPROJ\TeleComm Towers\Agenda Item Request Sprint Gobel Signal.DPW Compound 6-21-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. ROS-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING EXECUTION OF AN AGREEMENT
7 REGARDING GROUND LEASE BETWEEN THE
8 CITY OF BOYNTON BEACH AND SPRINT
9 SPECTRUM, L.P., CONSENTING TO THE
10 ASSIGNMENT OF A GROUND LEASE INTEREST
11 AND OBLIGATIONS TO GLOBAL SIGNAL, INC.,
12 FOR THE TELECOMMUNICATIONS TOWER
13 LOCATED AT 222 N.E. 9TH AVE AND PROVIDING
14 AN EFFECTIVE DATE.
15
16 WHEREAS, the City of Boynton Beach entered into a Lease Agreement and
,
17 Addendum for Telecommunication Tower Site with Sprint Spectrum L.P. ("Sprint"),
18 providing for the lease of public property located at 222 N.E. 9th Avenue, Boynton Beach,
19 Florida for a telecommunications tower, said lease and addendum each dated October 30,
20 1996; and
21 WHEREAS, Sprint is requesting to assign the ground lease interest and obligations to
22 Global Signal, Inc., and for certificate of estopple; and
23 WHEREAS, staff has reviewed the request and recommends that the City consent to
24 the request thereby allowing Global Signal, Inc., to essentially replace Sprint as the tenant for
25 the subject ground lease.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof
31
Section 2.
The City Commission of the City of Boynton Beach, Florida does
32 hereby authorize execution of an Agreement Regarding Ground Lease between the City of
33 Boynton Beach and Sprint Spectrum L.P., consenting to the assignment of the ground lease
34 interest and obligations to Global Signal, Inc., and for certificate of estopple' for the
C:lDocumentsand Settingslpytej\local Settings\Temporary Internet FileslOlKC1EISprtnt Assign to Global {PW Con1:>ound).doc
1 telecommunications tower located at 222 N .E. 9th Avenue, Boynton Beach.
2
Section 3.
This Resolution shall take effect immediately upon passage.
3
4 PASSED AND ADOPTED this _ day of January, 2005.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor
10
11
12 Vice Mayor
13
14
15 Commissioner
16
17
18 Commissioner
19
20
21 Commissioner
22 ATTEST:
23
24
25
26 City Clerk
27
28
29
30
C:\Documents and Settingslpyle.j\local SettingslTemporary Internet FileslOlKC1EISprinl Assign to Global (PW ConllOund).doc
..
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I signal
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Meeting needs. Exceeding expectations.
June 9, 2005
Mike Rumpf
P.O. 310
Boynton Beach, FL 33425
RE: Estoppel Certificate MI03XC076 & MI03XC072
Dear Mr. Rumpf
Enclosed for your review and signature, please find a revised Agreement Regarding Ground Lease. I
have changed 3(a) from the original agreement as requested. In addition, upon the receipt of both
agreements, signed and without any further modifications by June 24, 2005 Global Signal will send the
City ten thousand $10,000.00
For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express envelope.
Please execute the enclosed Agreement and forward the same using the enclosed envelope or mail to:
Global Signal Inc. (Project CL-EST)
301 North Cattlemen Road
Suite 300
Sarasota, Florida 34232
Should you have any additional questions, please do not hesitate to contact me directly at (941)
309-1624.
Thank you for your cooperation with this matter. We look forward to working with you in the
future.
Sincerely,
James L. McKinstry
Global Signal Inc.
P: (941) 309-1624
F: (941) 309-1524
E: jmckinstry@gsignal.com
"
~~~
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301 North Cattlemen Road. Sarasota. Fl. 34232.888.748.3482.941.364.8886. fax 941.364.8761
~Sprint
February 25, 2005
CITY OF BOYNTON BEACH
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33425
Re: Estoppel Certificate 3295-MI03XC076
Dear CITY OF BOYNTON BEACH:
Sprint is excited to announce that it has recently entered into an agreement with Global
Signal whereby Global Signal wilJ sublease from Sprint its interest in the Lease with you and wilJ
manage the existing tower on Sprint's behalf. Accordingly, Global Signal will assume Sprint's
obligations under the Lease.
In connection with this transaction, it is important that Landlord and Sprint make certain
acknowledgments with respect to certain matters in the Lease by executing the estoppel
certificate enclosed herewith. Sprint has approved the form of the enclosed estoppel.
Global Signal is one of the largest wireless communication tower owners in the United
States based on the number of towers owned. We are confident that both you and Sprint wilJ
, benefit from Global Signal's very substantial experience in operating and managing
communications towers.
For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express
envelope. Please execute the enclosed estoppel and forward the same using the enclosed
envelope or mail to: Global Signal Inc. (Project CL-EST), 301 North Cattlemen Road Suite 300,
Sarasota, Florida 34232 within the next week.
Please call Global Signal if you need any assistance or have any questions regarding this
matter. You can reach Global Signal's estoppel hotline by calling (888) 748-3482, extension
3590. Sprint has authorized Global Signal to act on its behalf in this regard.
Sprint thanks you in advance for your cooperation and prompt attention to this important
matter and looks forward to continued good relations with you.
Very truly yours,
!Enclosures
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, Recording requested b):
'and when recorded
retum:to: '
,Global Signal Inc.
, 301 North cattleman.Road ,
Suite 300
Sarasota, FL 34232
A ttn: General Counsel
AGREEMENTREGAROlNG GROUND LEASE,
. . ." .. .
THIS AGREEMENT REGARDING GROUNl)" LE.4.SE (this" Al!reenlentn) is madCas
of' , ; 2005; between the party identified as "Landlord" on the signature page hereof and .
SPRNT SPECTRUM~ LP., a Delaware limited partnership ("Tenant).
RE C I tAL S:
,. . .' , .A. " LatKllotd and Tenant are now parties' to that certain. pes SITE AGREEMENT. .. '
dated August 6, ,1996, a copy of which is a.nnexed hereto as Exhibit A (the "Lease"), co"'ering certain real ,"
, property more partkularly described on Exhibit A attached hereto (the "PropertY');
. . . ...
. ',',' ,,' ' ... B. "Pursuantfoa.n agreemenfdaie-dFebruary 14,2005 by and among Tenant, certain '
, subsidiarieS ofT eilant and Global Signal, Inc., the Le.ase and the property related thereto (the "PreDri8es~) ..'"
"',,,ill he assigned to an affiliate of Tenant ('<Tenant A.tTlliafe''); and, after such assignment. the references' '..'
to Tenant herein shaH apply to Tenant Affiliate;
. . . .... . .
, . C. " ]>Ursuant toa su'biease (the <'Subleaslt)~ Tenant Affi)i8te 'win Sublease imeirtire," ',' '
,interest'inthe. Lease to an affiliate of Global Signal ("Subtenant") in. exchange for certain prepaid:..
, consideration and Subtenant will then leaseback to Tenant (and/or one OT m!)Te of its affiliates) the .portion '
oillie leased premises on which Tenant's tele.communications equipment is currently located in exchange.
for certain ongoing pa)'lnents (coJlectively, the "Leasealld Lease Baek TraDsae'lioDs"); .
,.. D... ., Ceriairilenckrs (each~ togetber'\-vi1hthcitS1icCessors 8iid'assigns,"a. "L~ii~"';;r . .
, "may make a loanto$ubtenant or certain of its affiliates secured by a mortgage or other security... ,
, '. instrumerit encumberirigSubtenant's interest in the Sublease; and
. '.
" , ' , ,". 'For: good'. and ,'valillibl~ consideration,' the receipt and ' sufflcleoc)' of which ate' hereby., . ..
.. acknowJedged;fhe parties hereby agree as foHows: ' "
. '
... .'".
. ,BOYNTON PUBLIC WORKS COMPOUND (MI01XC012XJi9.l';FL):OOC.,
1. Consent. To the extent any such consent is required by the Lease, Landlord hereby
consents (a) to the acquisition by Tenant Affiliate (or any affiliate thereof), directly or indirectly, of
Tenant's interest in the Lease, (b) to the Sublease (and the recording of a memorandum of the Sublease)
and (c) to the Lease and Lease Back Transaction.
2. Estoppel Certificate. Landlord certifies that (and Lender may rely on such
representations) the following statements are true as of the date hereof:
(a) Tenant is the current tenant under the Lease (a full copy of which, including all
amendments thereto, is annexed as Exhibit A), and the Lease is in full force and effect and contains the
entire agreement between Landlord and Tenant with respect to the Property. Landlord is either the owner
of the fee simple interest in the Property or the holder of a valid leasehold interest in the property and the
person or entity signing on behalf of Landlord is authorized to do so and no other person or entity's
signature is required to bind Landlord.
(b) No default exists under the Lease on the part of Tenant, and, to Landlord's knowledge, no
event or condition has occurred or exists which, with notice or the passage of time or both, would
constitute a default by Tenant under the Lease.
(c) No payments to Landlord are required under the Lease for the Lease and Lease Back
Transactions or otherwise in connection with the above consents.
3. Agreement with Respect to the Lease and Sublease. Landlord hereby agrees with respect
to the Lease as follows:
(a) Lender and Subtenant shall have all of the rights of Tenant under the Lease, including the
right to exercise any renewal option(s) or purchase option(s) set forth in the Lease, and shall have the
right to assign the Sublease subject to Landlord's consent, which shall not be unreasonably withheld,
conditioned or delayed.
(b) Landlord shall deliver to any Lender and Subtenant (in each case at such address as shall
be designated in writing to Landlord) a copy of any default notice given by Landlord to Tenant under the
Lease. No default notice from Landlord to Tenant shall be deemed effective as against any Lender or
Subtenant unless received by such Lender or Subtenant.
(c) If Tenant defaults on any monetary obligations under the Lease, Landlord shall accept a
cure thereof by any Lender or Subtenant within thirty (30) days after delivery of notice of such defaults.
For non-monetary defaults, Landlord shall not terminate the Lease for so long as a Lender or Subtenant is
diligently pUrsuing a cure of the default, and if curing such non-monetary default requires possession of
the Property, then Landlord agrees to give the Lender or Subtenant a reasonable time to obtain possession
of the Property and to cure such default.
(d) Landlord acknowledges none of Tenant or Tenant Affiliate may terminate, surrender or
cancel the Lease except as provided in the Lease and may not amend the Lease in a manner that
materially increases the liability or obligations of Tenant or Tenant Affiliate or decreases the rights of
Tenant or Tenant Affiliate without the prior written consent of Lender.
(e) If the Lease is terminated by Landlord for any reason, or otherwise rejected in
bankruptcy, Landlord will enter into a new lease with either Lender or Subtenant on the same terms as the
Lease, provided that all past due amounts under the Lease are paid to Landlord within 30 days of notice to
Lender and Subtenant of such termination.
2
BOYNTON PUBUC WORKS COMPOUND (MI03XC072)(3291-FL).DOC
4. Memorandum of Lease. To the extent the Lease or a memorandum thereof has not
previously been recorded, this Agreement shall constitute a "memorandum of lease" under applicable
State law and may be recorded in the applicable public records, the provisions of the Lease (with certain
fmancial tenns redacted therefrom) being as set forth on Exhibit A annexed hereto and made a part
hereof.
5. Notices. All notices sent to any Lender or Subtenant shall be in writing and sent by
United States mail postage prepaid or other reputable courier service at the following address: c/o Global
Signal Inc., 301 North Cattleman Road, Suite 300, Sarasota, FL 34232, Attn: General Counsel; or to such
other address as Lender or Subtenant shall have notified Landlord in writing.
6. ' Miscellaneous.
(a) If this Agreement is inconsistent with the Lease, this Agreement shall control.
(b) This Agreement shall be binding upon Landlord and its successors and shall benefit each
of Lender and Subtenant and their respective successors and assignS.
( c) This Agreement may not be amended or modified except by a written agreement
executed by Landlord, any Lender and Subtenant. This Agreement may be executed in any number of
separate counterparts and all signatures need not be on the same counterpart.
[SIGNATURE PAGES FOLLOW]
3
BOYNTON PUBUC WORKS COMPOUND (MI03XC072)(3291-FL).DOC
TENANt
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'INWITNESS WHEREOF, the undersigned, by its duly ele.c'tedoffic'eT(s) and pursuant to proper
authority has duly e.xecuted. acknowledged and delivered this instrument as its true act and deed.
SPRINT SPECTRUM, CP., .
a Delaware limited partnership'
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By:, ..
Name:
Title:
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' BOYNTON PUB(IC WORKS CbM-POUND (Ml03XC072)(3291~ftj.00c'
LAl'inl.ORD
IN.WITNESS WHEREOF, the undersigned has duly executed, acknowledged arid delivered this'
instnunent as of the day and year above "Tinen.
LANDLORD:
CITY OF BOYNTON BEACH FLORIDA
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BOYNtON PUBLIC WORKS CoMPOUNt) (1vli03XC072)(329r-FL).DOC'
EXHlBIT A
LeaSe and Legal Description
, {see attac.hed)
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" BOTh"TON PlJBUC WORKS COMPOUl\<D fMI03Xar12)(3291.FL).OOC: '
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lEASE AGREEMENT
FOR TELECOMMUNICATION TOweR SITE'
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. .. TH,II.El\SEAGREEMENTllhe. Agreemert" I. made and entered info/hi. the
,. . :......c;fay of~by and.betWeen;. .... '. . '
" ':, ~.. " " ~riMBOYNTONBEACH. FLORIDA ,..,... ".' ',' .'",'
, ".,' , ,. 'a municipal corporation
(Hereinafter referred to.as .CITY')
AND,'.
Spm Spectrum, LP., '
, '. A Delaware linited Pannership
. . . . .
' " . (Hereinafter referred to as -TENANr)
WHEREAS, CITY is theownerbf a certain realpropertyfocsted afmN~E9th
,. AVenue, Boynton Beach, Florida 33435. Palm Beach County, Florida; and .
, .
, '. wHEREAS, TENANT deSires to lease a portion of said real pioperty to constniCt,
OPerate, and,'matntain telecOmmUniaitions t~ and support equipnient; and ",
.: wHEREAS" ciTY 'staff' hasrevrewed the request of TENANT and recommends thai'
TENANT lease a portion of said real property; and
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, . ' . ' wHEREAS, the City CommtsSion concurs with the reeommendationof staff and , ,.,
. ' ,deems it in the best interest of the City of Boynton Beach to Ie~ a portion of said real .". '
'property to TENANT; and
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,.: ' wHEREAS, CITY arldTENAHr have negOtiated an urideistariding for the Ieasirlg of
Ei" portion of said real property; and
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.. ....... . '. . WHEREAs, crtY a1u:i" TENANT desire to redUCe their. understan<:ting to' WiitiiQ; noW' . : .
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IN. CONSIDERA lION OF Ten ($10.00) DOllars, in hand paid by TENANT to.
CITY,.as wen as the mutua! covenants hereinafter exchanged, the parties agree as
follOWS: .
. . S8ctioi 1.. REAL PROPERTY TO BE LEASED '. .
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1.01 . CiTY shan leasek> TENANt that.certain parte; .of.realprOpertY,situated..
. in. Boynton Beach, Palm Beach COL.I'\ty, Florida. together with a nonexclusive easement .
for ingress and egress, seven (7) days BVlieek, twenty-four (24) ~urs a day, on foot or. .
.. motOr vehicles, incfuding trucks, and for installation and maintenance of utility wires,
cables, .conduits and pipes over, under or along twenty (20') foot wide easement . .
eXtending from nearest public right-of-way {more particularly descnbed in Exhibit A)... . ..
whichisN.E. 9th Avenue, to the leased property and right-of-way for access are ... .
hereinafter referred to as the .Property"'. The said Property is located at 222 N.E..9th
Avenue, in the City of Boynton Beach. . . . .
... Section 2. .. DUTIES AND RESPoNSlBJlIneSOF TENANT
.:. . .2.01 TENANT shall use the Property for the purposeofcoristructing, . .
. .. .. mair\tainingand operating a telecommunications tower and uses incidental thereto, .
. consisting of a structure or structures, as necessary now or in the future, to house its
. telecommunications equipment. freestanOtng a~~nna support structure (pole), not to ..
. ... e~ed 150'. (onehundre<fflfty feet) to. meetTENANT's tele~nica~Qns needs.:and ..,
. alllietess8rY oonnectingappurtenances:. TENANT upon the EipprOvaJ .of CITY may .
. . . modify its antenna support structure and building(s}; said approval shall not be .
. . unreasonably withhefdby CITY.
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.2.02. TENANTshallplacearouridlhe.j,erimeterOfthepropertya.securilSdence..:.
.. Of chain-fink .construction, or similar but comparable construction, which meets the
. . requirements of the Code of the City of Boynton Beach.
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2.03 TENANt shalt be responsible for soil borings and sm,'ar testS which may... : . .
.. . .. 00' requited as a COrtdition of construction and for aU expenses refated to its
... i~rov~men~whichm~~reafter~~S~ed~.~.rty: .... ..
..: .... :2.04 .. TENANTShaJl' mairita,nihepropef{y iri areasD~bfe:OOncrdk,nai1d me~' :
..ati requirements imposed by ordinances.of the City of Boynton Beach and Palm Beach .
. . County, Florida .. . .. ..... . . .
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. . .2:05 . The C~iY also reserves the right to at anyiime during.the lease,. irlstali or .
haveinslalfedother aniennas for government usage on TENANT's tower. All antennas.... .
. .. shall beptaced at ari elevation as 10 provide the inosI effective us~ and with such . ..... . .
. . . .approvaJ not .urreasonably withheld; provided, however. Ihe CITY'S or other antennas... _.. . .
. shall nOt interl"ere with TENANT"S operations on the Property. Should TENANT: mstan. . .. .....
. . .an emergency generator on the Property. the CITY may access and comect only its . ... .. .
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commuriicat.ionsequipment to TENANT'S emergency generator.
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o 2.10 0 TENANT shall keep the Property lreefr'om any liens arisingo out of anY 0
o work performed, materials furnished, or obligations incurred by or for TENANT.
00 TENANT shall, within twenty (20) days foflowing the imposition of any such lien. caUse 000. . ~
000 0 the same to be release~ of record by payment or posting of a proper bond. No work 0
. . 00 .:whi~ CITY pe.nnits .TENANT to p.eiform on the ~toperttshafl be deemed to .be for th8 00 : ...
'. Use and benefit "of CITY soihat no meChaniCs or other lien Shaff be alioWed sgainst the:., 00
00 o. estate of CITY by reason of its consent to such work. CITY shafl have the right to post ..
notices that it is not responsible for payment for any such work.
002.11 CrrY hereby grahts TENANT as 08 primary indUcement to o the TENAN"r;s ::. 0
o entering intO ihis Agreement. the first priority right to instaU its . antennas and operate itS : .0 0 0
o 0 0 telscornmunj~ tower at the Property. From time to time CITY niay grant to itself ..: 0
o . and to other entities the righ110 operate telecommurrications facilities at the Property 0 0 :
o 0 and/or the right to install antennas in comection with the operation of such facilities or .
o other communications fac1lities;provided, however that CITY shall not allow the
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. . operation of Slichf8cilitiesaoo antennas by other tenants to interfere with the operalion
of TENANT's antennas and equipment as it exists at the time of such other tenant's
. instaUation or as it may be modified at any time during the term of this Agreement, as . .
the sank may be extended. If any such interference occurs, CITY agrees to eliminate,
if ~ aJ.ditio[lal equipment ~ operated by the City, . or cau~e the eIimilJation of, if such
. equipiri~nt is' op.erated-i?y a ttNrd Part}o,Such in.eife~nce witb TE~Nr$ .operations: .
. Within a reasorlabfe tiine after receipt r:t TENANT's riotice of suCh inferference .atK( if
. necessary; 10 cause the intenering party.to cease its operations. If such interference .
. continues for more than thirty (30) days after TENANT's notice to CITY with respect to .
. .. such interference, then TENANT shall have the right, in addition to its right to pursue .
.. . --ooyor alt remedies available to it at Jaw or in equity, to immediately terminate this . . .
. . Agreement by giving written notice to CITY of such termination. The CITY hereby also. : . ..
agrees that the TENANT has no obligation or requirements to upgrade or modify the .
Tower to facilitate the use of the Tower for other entities which the CITY may authoriZe..
. .. .. Any or all costs associated therewith, shaH be bome by parties other than the TENANT, .:.
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.. ..2.12 CITY herebY agrees that if beeauseof TENANT's operations on the
.. Property any taws or r~gulations of the Federar Aviation Administration, Federal
. . Commtxlications Commission or any otf1erreJevant governmental agency or body :..
. . reqUire or recommend that TENANT's antennas and/or the Tower be tit and/or marked,. .
· . TENANT.may install and maintain such ttghting and markings. In no event, however,
. s~H TE~ be responsible for the installation or maintenance of any lighting or .
- . markngs. reqUired by the..operatiOi'ls of CITY or any other tenant. in the TOwer. em.
. . will.perrilifTENANT access to. all portions of the TOWer that TENANT may Oeed iil or~r
to. check and replace such required or recommended lighting or marking.
. . SectiOn' 3.. . DUTIES ANDRESPoNSIBJUnes OF CITY..
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. . . .3~01 . CITY shall Cooperate with. TENANT in its effort to Obtain certifu::ates,. . .
· permits and other approvals that may be required by any federal, state or County . ..
authorities.
. 3~02. CITY Shalf grant TENAN'Tlhe right tOSUl'Vey said property in order to . .
meet requirements to submit the applications for permits.
.. . 3~03 CITY ~1I ~i~ With"TENANT.~ its effort to:Obtain Utir.ty semce~
. .. . along said right-of-way. incluaang signing such documents of easements as may be ..
.. . . required by any pubic utiHty is unable to use the .afaemenUoned right-of-way, the CITY
. . hereby agrees to grant an ackfltional right-of-way, either to the TENANT or to pubrlC
.. ......... .... utility, at necost 10 the TENANT.
. SeCtion 4~. .ACKNOWLEDGMENT.
.. .ct01 . CiTY and .TENANT acknowledge that TENANT'S ability (o.~ the
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PrOpE!rtY.5 ccmtingern upon TENANT obtainingTafter the exerotionof this Agreement, -_ -
- all the certifJCales, permits and other approvals that are required by any federal, stale -
- aildlor local-authorities. to the event that any certjfj~te. permit or approval issued to _
-- TENAtIr is canceled. expires. lapses or is ofheMse withdrawn or terminated by a _ _ _ _
govemli'1f)R~I.~uthon1y, so that TENANT is unable'to use said real property for its. _ __
--. _- jl')terld~ Pui"PO:se; tENANT shaD have the right to t~ir1Bte thiS Agieement purSuant -
to Section 7.01. - - - . - - - . - - -- - - .: - -
_ _ _ : _ - -- -4.02 :-PtiOito the sUbmittal of happlicationfor the r89Uired bUilding permit,
TENANT shall have the right to perform or caused to be perforined and shan have _
.-- competed an assessmantof the Property and the adjacent areas in order to d8tennjn~
- whether suche contaminated by hazardous substances or pollutants. If the _
- - - assessment reveals the presence of hazardous substances or pollutants beyond IeVeIs--
accep1able tri:TENANT and under applicable environmental Jaws, TENANT shall have _ -
-the right to termmale this ~ement pursuant to Section 7.01.
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- .4.03 .- cny cOvenantS that erPi has' gOodaOcl sUfficient titiearldinterest to the _
- - property and has fu1J authority to enter into and exectlte this Agreement CIN further
covenants that there are no other liens, judgements or impediments of tiDe on the
Property. .. .
-S8ction-S.: . TERM OF AGREEMENT.. -
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- -5~01 _ See Attached AddendUm- Parst;1raph 2.. Rent - -
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- _ - _. -. 5~02 TENANT shall havelhe opiiOn.to extend this Ag(eemeOtfor four {4} - -- -
- - - -additional Five (5) year terms. Such extensions shall automatically occur unless
- TENANT gives written notice to the other_ party of its intention not to extend this __
Agreement at least six (6) months prior to the end of the current t~rm.
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- -: -5.03- - If.at.the ~ndofiiief.;ai year eXtension fetn\-thtsAgreementhasnot: _ __
been ferminated by TENANT giving to the oCher party written notice of its intention to
- - - - terminate at least six (6) monthS prior to the end of the term, this Agreement shall
: - -: . j-Binain in foice ancteffed.upon the. saine cOvenants, terms and corlditioris~ The , _ .
. .. : .. -- Agr~t shalf b8fot amua..teims lhereSfter unless tSriiiriated by either party bY .
u -: - - -- -giving the-other party written notice of its intention to terminate at least six (6) months -
- - prior to the.end of the-term - _ q _ _ _ _.. _ _
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SectiOn 6. - cONSiDERA noN - - - -- -
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_ 6.01"- - - See attac:l1ed addendum. - paragr2PJ; 2 ..; Rent -
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. 6;01(a} - - - Services Provided lOthe City. --
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. rn. ddi '10 e~t >~. abe~.e T.~. s II vie C
either $75. ' 0 In .cas, a 000 cash en. t . . 5,000, a co
both;h S t s.ling $1. . _ .. 'n $e . s us c
ands eo up byt . .
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.' 6.()2 M~r 'the in~ial term, ~Ch Anhtia, Rent 'payment shal'be ~bmilted' t~ the .. .
. CIN nO tater than thirty .(30) calendar days after the anniVersary date of Ile CertifICate
of Occupancy. . Annual Rent payments shall ;naJr a late payment fee of 1.5% per month
(18% per.amum), cafculated from the CertifJCate of Occupancy anniversary date, for
. any payment submitted to the CIlY later than the date due.
... 6jj3 ... see~t8ched Addencbri, Paragraph 3 ~ CPJ .
. .6;04.ThiS is. an~t-net~tiease.armTENANTShan pay all-saiestaxes, real .
. estate taxes assessed against TENANTS property, utitity charges, cost of
:malntenanc.e, and all other charges and e>cpenses assocfated with the tenants used
..the~mised premises ofthis Lease.
. .SectIon "t. TJ:RMJNAOON .
. ...... l.bi . ThS:tENANT.tnay terminate this Agreement by providing a ten (10)
· .cale.tlqar day written notice prior to the effect~e termination date.
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. .. . ...7.02 . Priorio theencfof each flYti (5) year term. TENANT ma.y terminate Utis. .
.. Agreement by providing written notice to the CITY at Jeast six (6) months prior to the .
. end of the current term.
.. · ...7:03.. Should TENANTdetaulturlder.any.ofthe t9frnSO,lhiSAgreemenl. CITY..
may terminate this .Agr8ement for cause by providing a sixty (60) day written notice to
. TENANT; however, TENANT shalf be given the opportunity to correct any default within. . .
thirty .(30) calendar days of receipt of written notice. This Agreement shall not be
terminated if sUch default is of a nature that it cannot be cured in thirty (3D) calendar
· .days and TENANT is diligently proceeding to axe such defect
..' ......'.. -. ...' 7.04 tn'~-~Veot cttel"miN3l~ ofthisAgreerrient by TENANT, ait ~~rltalfees:. ..
. ..... ,. paidpiiOrto.said'lerminationdateshaobeTetaiii8dbythecrrY~ . ',.'..... ,
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...... . 7~05.. .Uporl.t~ion; tENANT shaJ'-~er CITYrrstOptiontopUrChaSesald .
.. .. antenna '~Uctute afl.d certain ~ improvements fa- the agreed upon Bum of One
.... Hundre~ {$100:00lDoJfars. CITY shal h8ve ninety (90) caJenclar days from the ...
.. .~ .
... .... dam or fe~ in .Whichto. eX8rcfse this Option .
... Section 8~ . JNDEMNIFJCAllON
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.. .: 8.01 GeneralJr1demnifiCatiOO: TENANT agrees to itidemr1ify, save arid .hold . ..
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harmless and defend COY, .ts City COmmission members. Offu:erS, &geills and.. . .
emplOyees, . from any and all claims, damages, liability. losses, causes of action of any . .
nalure Whatsoever, which may arise out of, in comect~ with or because of the use
and ocrlroancy of the property by TENANT or its officers, agents, employees or
. ... ind~er{dent contractors under this Agreement or me. breach of,this ~eemeJ)t by
. .. .~.NANT. . PUrsuant to Is liaPflity,TENANTShaff pay a, claims, Jo.sses.liensor. ... ....
. .... . '. .: set~ or jUdgments,6f anY. nature ~afs'Dever. in COnrlec6on th8rewith inclUding, .
. . but not limited to, paralegal fees. aUarney's fees and costs to defend all claims or suits. .
including attomey;s fees on appeat in the name of CITY when applicable, and shall .
.. pay an cost and judgments which may issue thereon at both th& trial and appellate
levejs. Such indemnification shall not ~ limited to the amount of comprehensive. . .
. . general tiabiity jnsurance which TENANT is required to obtain under this Agreement .
. This irldemnity shan not apply to any claims arising from an act of gross negligence or. .. .
intentional misconduct of the indemnified party. .
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. ... 8:62. Nothing.contained herein is in~9nded nor.shall.beCOristrUBd to Waive .. .
CITY'S rights from immunities under the common raw or Aorida Statutes, 766.28, as
. amended from time to time.
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. Section. It. . . INSURANCE .
..: .. 9.P1JENANr m?in~jns a ~sk Ii1anag~ program \\i~h pro.vides for . .
.. . :coinpr~hensjve gerieralliabititY, prOperty ~~ and ~rs~ co.mpensation .
. Vermcation of Saki program has~been submitted to the CITY'S Risk Mcin8gement. ....
. . Coordinator. The CITY shall receive a thirty (30) calendar day written notice in event of
any change in the current program having an effect upon the breadth of coverage with. ....
. respect to IimJf.ations and any Yariance with respect to limits of tiabiftty, if Jess than
those indicated in the program submitted to the CiTY'S Risk Manager.
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... 9.02 .UPONEXECUTlONOFTHrSAGREElJENTBYTENANT,THEC'1YOF.. ..
BOYNTON BEACH SHALl BE HAMED AS AN ADOmONAlINSURED AS ITS .
INTEREST MAY APPEAR WITH RESPECT TO THE REQUIRED COVERAGES AND.. ...
rnE OPERATIONS OF TENANT UNDER THE AGREEMENT.
. Section 10~ .ASSiGNMENT
. . .10:01 ThiSAgreementlTla~'~b~~~.sU~:a~s~dortransfelTed.at. . . .
... any tiine except to-TENANT's principal affiliates or subsidiaries or its principal, or to
.. at'r{ company upon which TENANT is merged or cmsolidated. As to other paties. thiS..
.. .... Agreement may not.be sold, subleased, assigned or transferred wiIhout the written. ..
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.... . consent ofthe CI1Y; such consent shall not be Lneasonably withheld. This provision
. .. win not Precfude TENANT.from allowing other parties to co-Iocate on the Property to. ..
. Tower, so long as thiS Agreement is in effect, the City consents in writing. and the ~. : . ..
.. located equipment does not interfere with existing equipment.
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S8ction11: COMPUANCEWiTH LAWS~ . '
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.. .~.. 1.01 TENANT ShaUCoinplywithaU statuteS,~~aws, ordinBrices.. rutes, ..........
reglita. and lawfuf orders or the United States of America, State of florida, City Of : .
.aoynt .Be~ch.PafmBeach County, :and ,of~yotler publi~.authority wt:lich may be . ..
.. . '.applicable. . . '. .
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.SecUon12.GOVERNING LAW; VENue .~ .
.12.01 Thevar.dily, cOnStrudionandBfferit onhis AQreemerrt shaD be ~erned ..
by the iaws of the Sta1e of Florida. .
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. .'1202 Any Ctairtt, ob.;ection or diSPUte arisirig. OtitOf the . terms cinh1s Agreement . ... .
: shall be litigated in the FRteenth JucrlCial Circuit in and fer Palm Beach County, Florida... .
. ~ori.13. INSOLveNCY. ...
. ... . .. .13;01" .in the event that either PartY shaff become msolvent, makeagene..al . .
. assignment for.the benefit of aeditors, suffer or permit the appointment of a received or. .
its t>usinessor its. assets or shalf avail.itself of, or become subject to, any proceeding . .
.. under the federal Bankruptcy Act or any other statute of any state relating to insoJveOOy..
or th~ protectiori ..of rights d creditors, or become ~ubJect to rehabilitation, then, at the
. optionOf.the.otner.part)"ar1dmmediatetY~n.Wlitteo ~Oti~e.'this Agreement ~tialf . ..
. tenninate and be of. no fUrther forceBnd effect. .. .. .'. .
. Section 14... ENTIRE AGREEMENT
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.. .14~01. This Agreement contains thenentii'~ undefstandirigof fhepartie$ relating. :. ...
. .. . to the subject matter hereof, supersedingaU:prior communication between the pcirties,... .
. . whether .oral or.writtBn. This Agreement may not be altered, amended, modified Dr ..
. . . otherWise changed nor may any of the.terms, hereof be waived, except by a written ...... .
. . . . . . instrument executed bY both parties.. The failure of ~ party 10 seek redress for violatiOn _. .. .. .
. . .. . of or to ~ist On strict performance of any of the covenants of this Agreement shan not . < ....
. .. be construed as a waiver or reJinquishrnehf for the futtJoe of any covenant. term, :. . . . .. . ..
conditiOn or eteciicin. bUt. the same. sh~ ~nUe ~ ~n iit.fiII force arid ~d. ' .....: . .... .' ...
. ~. . .' ... ,.. . .. .. . . . . .. ..... -.:.' ... '. '. .. -.,'..... . .. .' . .. .
. .
.SeetJo,r15. ..:SEvE.RABIUTY. .... ...
....... ... ......15.01.....Shoukt~part,blrirro,..provisiOiiofthisAQi-eementbebythe:. .....
.. . . . eOurls decided to. be' invalid.. illegal or in -conftid.wih any raw of this State, the validity.of
. . the remaining to bE! in\ialkf; iIfegar or in conflict With any laws of this Stale. the validity .
: ........ .. ... of fheremainirig to:portions or provisions ShaH nor be affected thereby.
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..Section.16~Noi1CEs . .
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. 16.()1 . AU notices .or other communications required by this Agreement.shallbe:
. in writing and deemed delivered upon mailing by certified mail, return receipt
requested, to the foJlowing persons and addresses: - .
.. . t . CITY: city Manager . ..... ...
(:ity .Of Boy~tooBeach
..' .: . P.O. Box 310 .
.. ... .. Boynton Beach, Florida 33068
WITH ........... .......
COPY to: . James A. .Cherof,. city Attorney
Josias. Goren, Cherof, DoOdy & Ezral, P.A. .
3099 East Commercial Boulevard, Suite 200 .
. Fort lauderd_ Florida 33308
TENANT: .. ...
Sprint Spectruc, LP~,a>
.. DeJware limited PartnerShip..
;-....
WITH..
COpy TO: . MaStrinafChristianSen.
. Attorneys at Law
. 27~, No~ F.ede~!:I1 Highway .
.. . Fl:La~rda'e,FL33306 . ...
· seCtiOn 17;. OTHER PROVISiONS
. - ~
. 17,.01 . Should Che CITY, atariy time:during the term of this Agreement,.decide to.
.. . seD aU or part of Ihe Property to a purchaser other than TENANT. such sale shall be
. .. under and subject to this Agreement and TENANrs rights hereunder, and any sale by. .
. the CITY of the portion of Ihis Property Underlying the right-of-way herein granted shaU .. .
. be under and subject to the right of Ihe TENANT in and to such right-of-way.
. 17.cQ . . If the' whole Or Ih8 piOpertj~ or Such. PortiOn thereof as. Will make. the .
. Property unUSable for the purposes herein leased, are condemned by any legally . .
.cOOstitut~d..a~ity for any PUbrlC.US8,or.purpose. then in e~:ofsaid events the.. .
.. . term hei-eby granted shan cease'from thE! ';me when jiossessacin ~. is fakeri by. ..
. . pt.t)Iic authorities, and rental shalr be 8CCOLrlted for as between CITY and TENANT as. .,..
of that date. Any lesser condeJmation shalf in no way affect the respective rights and :. ..
obligations of CITY and TENANT hereunder. Nothing in tns provision shalf be ..... ... .
. construed to Jimit oratrect TENANrs right to an award of compensation of any etninent ...
· domain proceeding for the. taking of TENANT's leasehold interesl hereunder.
. .' . "0 ._ . ......_ _...' . ....... .
.17.03. .. City cOvenants that TENANT, On .paying the rent and Performing' the ..
covenants, Shall peaceably and quietly have. hold and enjoy the Property;
....~......
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. 17~04 Attorneys. Fees. If any party obtains a judgement agamstanyother party . .
by reason of breach of this Agreement, the prevailing party shall be entitled to
· reaso!.'rble .attorneys' fees and costs, including paralegal costs, at both the frial and .
. appeS,elevels.. .. .... . ... ... . .
. .
.::Section18.PUBLlC'REcORD$' .,
. . ". - .
. . . .IN WITNESS WHEREOF, the parti&,tf hereto.tlave caused these piesetitsto be
. . executed, the day and year first above written . . . . . . . . . . . . ..
- . .'
. ATTEST: .
.~~..
. . CI)'CIerk . ' ~~
Approved as to Form: .. .
.- . . -
CITY OF BOYNTONBEACH.FL .
.... 'J/t.,.~-/?:tt<~___- ..
ClIr AlIDrl1lll'
State Of Floods.. . .
Cotmty of Palm Beach
. . .
. ...~ rotegoiiig iliStrUment ~s~ged.befMe me~ the LneJermgrted NotarY..
Public in and for the State of Florida. on this. the (,tIt day ~ 1~, by
~~ayIor.andsue~le!kand~.~.~. . .
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PIned, typed or stamped name otary
Public exactly as commissioned.
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jndividuaJswhO signed are persOnally.
. ... . known: no identification produced
TENANT.
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.. COUNTY OF Pa"h geeen. )..:. .
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0.. JOHEREBY CERTIFY that ~n. thiS: ~~.. . day or 0 .
. . \) c..-\. ~ . 30 > I <J9c... before me perscnaJly apPear&d ... .
"'^ap,,~,..) L'.....~ DtPCS, to me Personaflyknown to be the. .. 0 ~ .. :
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. individual Who .executed the fOregoing mstrument and acknowtedged before me that he
executed the same for the purposes therein expressed on behalf of pes.
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. ... WITrESSmy hand and official seat oHhis Q
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ADDENDUM TO pes 8m AGREEMENt. .
." . .
Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9212. .
PUBLIC W6RKS COMPOUND (222 N.E. 9th Avenue, Boynto"n Beach, FL 33425)
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... . . nos ADDENDUM inodifi~and 8i~~xkthe:PeS s~ Agieemeillref'Ctl'edtO herem astOlJows: ..
. .. . 1.. .. per.sonafProperty, Real Estate and Intar~ible Taxes: SSLP will pay aD personal property..
aDd intangibie taxe$ levied or assessed OD the PeS system. SSLP will pay any increase in Owne:r's real . .
.. estate taxes directly attn"butabJe to the PCS installatioa
. . 2 .. .. Re.i: NotwitllSimtmg3nytmngio the contfaty contained herein, rentwiU conuiu~ilee on
. . the Rent. Start .Date. Rent wiD be paid annuaUy in advance on the Rent Stan Date and on each
anniversary of it. The Rent Start Date shaD be the earlier of (8) the d8te which is 30 days afta- the
. issuance of a builomg permit for installation of tbe PCS, or (b) tbe first day of the month foDowing .
co~t of physical preparation of the Site. 'Il!e annual rent wiI) be S J 2,500 , putial years to be
pro-rated. . .
. . .. .... .. 2.a Upon t&e. issuance ora Certificate of OccuplncibyC1TY for TENANT'S . .
. Commumcanons Facility, TENANT shall in lieu of making the payment of rent for the initial five year
. . leon as provided laereinabove, TENANT sbaI1 pay to on a one time hunp sum payment of SEVENTY- . . .
FIVE nIOUSANJ) AND.NQ/lOO ($75,000) DOLLARS. This Jump sum payment shaD constitute the."
. advance rental .pa.yment by TENANT for the initial five year lease term.. .
.. ..., j,:. . CPETbC annual rent foreachRenewaJ Temi v,;D be the ammaIrelit in effectrortheDnaJ.
. . year of the Initial Tenn or prior Renewal Term, as the case may be. incceased by an amount based upon
. the aunuJative pen:e11t increase oftbe CPI (Consumer Price Index - U.S. City Averages for Urban Wage .
Earners and Clerical Workers - 1982-84 - 100. pubIisbed by the United States Department of Labor,: , .
. Bureau of Labor Statistics (or reasonable equivalent inda if such indelc is discontinued)) between the . :
commencanent oItbe Initial Term and the end of the Initial Term, or the CODlrl1enCement and end of the .
Renewal Term. as the ease may be. such increase not to exceed 20 percent in any case.
.. .:. 4: . . AddeOOuin CoDtroJS:. In. thee:vent ofaeoDtiiCt b~ Pes SiteAgreeirientartdiliiS . .
. . .. Ad~tfUs Addendum shall control
. . . . .:..'.5; :.. .:~CS.~t~~~t:C:t: ..An._.~.c~~~ ~~PC~s sile.~een~.
. and ExlDbitstbereto which are not inconsistent hefewith remam in fuU. forCe 8.nd .effect~ . . .
OWNER: CITY OF BOYNTON BEACH~ FLORIDA
.BY:~~t..~
. SSlfax o. 59-6000282
100 East Boynton Beach Bevard
BoyritonBeacb,~ ~42S
DATE: 8J n 'b
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.. . ~ which the She &I 10carcd aaul'or .. as....iJt ch.... depbing_Site..
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. LEGAL DESCRIPTION OF LEASFE PARCEL
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A POriion.oftots 2 & 3. Block 1, "CONGRESS GROVE;', as recordedin PIiit~ ...
Book 13, Page 63 of the Public Records of Palm Beach County, Florida being .
. more particularly described as follows: .... .. ... .
. .
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. Commence at theS6uthwest Comer 0( said Lot 3,. Block 1; thence S89 ~5'39"E .... .
along the South line of said Lot 3 for 14.40 feet; thence NOD .12'08"Wfor 56.44 .. ..
. feet to the POINT OF BEGINNING of the following described parcel; thence .
N89 ~8'29"W for 30.00 feet; thence NOD .12'OBW for 16.50feei.. thence.
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S89 ~8'29"Efo; 30.00 feet; thence SOD 12'08"E for 16.50 feet to the POINTOF
BEGINNING. ........
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VI.-CONSENT AGENDA
ITEM 0.1.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 Apri14,2005 (Noon) [8J June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
D
[8J
D
D
D
D
Administrative D Development Plans
Consent Agenda D New Business
D ~--:~[~
Public Hearing Legal :
D "..)
Bids UnfInished Business U1
Announcement D Presentation '""D
3:
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C..) . q
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RECOMMENDATION: Please place this request on the June 21,2005 City Commission Agenda under Co~~
Agenda, to be tabled date-certain, to the July 19th meeting. The Planning and Development Board tabled this item to their
June 28th meeting, pursuant to a request from the applicant to allow further time to resolve staff comments. For further details
pertaining to the request, see attached Department of Development Memorandum No. PZ 05-067
City Manager's Report
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EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park & Village South Commercial (MSPM 05-003)
Steve Fike, Olen Development
Quantum Park and Village, LLC
Southwest comer of Gateway Boulevard and High Ridge Road
Request for Master Site Plan Modification approval for the construction of a mixed-use
development consisting of an additional 115 multi-family dwelling units (for a total of
349 dwelling units) and 71,708 square feet of commercial/office space on a 26.165 acre
- Mixed Use POD in the Planned Industrial Development (Pill) zoning district.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
~
City Manager's Signature
'J4~~)?- ~
Planning and Zo;rng irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\MSPM 05-003 Commercial\Agenda Item Request Quantum Pk &
Village S Comm MSPM 05-003.6.2 I-05.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-067
STAFF REPORT
Chair and Members
Planning & Development Board and City Commission
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP
Planner
May 3, 2005
Quantum Park & Village South / MSPM 05-003
Master Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
East:
Quantum Park & Village, LLC.
Olen Development
Mr. Steve Fike, Vice President of Construction / Olen Development
Southwest corner of Gateway Boulevard and High Ridge Road (see
Location Map - Exhibit "A")
Industrial with a Mixed Use (MU) designation on the Quantum Park
Master Plan
Planned Industrial Development (PID)
115 Multi-family dwelling units and 71,708 square feet of commercial /
office space on the commercial component of the Quantum Park and
Village South Master Site Plan.
621,396 square feet (14.265 acres)
Right-of-way for Gateway Boulevard and farther north is vacant Quantum
Lots 83 - 85, zoned Planned Industrial Development (PID);
Quantum Park developed Lots 62, 66, 67-A, 67-B, and 67-C, zoned PID,
the Sand Pine Preserve and right-of-way for Quantum Lane;
Right-of-way for High Ridge Road and farther east are vacant Quantum
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 2
Lots 81 & 82, zoned PID; and
West:
Quantum Park Water Management Tract "Q"
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject major site plan modification were mailed a notice
of this request and its respective hearing dates. The applicant certifies that they posted signage and
mailed notices in accordance with Ordinance No. 04-007.
NATURE OF REQUEST
Mr. Steve Fike, Vice President of Construction for Olen Development, is requesting to modify the Master
Site Plan for Quantum Park & Village South. This development is located on the southwest corner of High
Ridge Road and Gateway Boulevard (see Exhibit "A" - Location Map). The speCific request is to construct
115 dwelling units and 71,708 square feet of commercial area on the commercial "portion" of the master
site plan. This would result in a total of 349 dwelling units for the entire master site plan.
BACKGROUNDI ANALYSIS
On September 3,2002, the master site plan was approved for 234 rental apartments and 132,032 square
feet of commercial. It was also approved with six (6) waivers. Master site plan approval is valid
indefinitely per Chapter 2, Section 7.P.9 of the Land Development Regulations.
The Quantum Park & Village South master site plan is comprised of two (2) technical site plans, namely
Quantum Park & Village South Commercial (NWSP 03-004) and Quantum Park & Village South Residential
(NWSP 02-022). The residential component is also known as the third phase of Villas at Quantum Lakes.
Technical site plans on mixed use pods within Planned Industrial Developments do not require City
Commission review and approval provided that they are consistent with the master site plan. For this
project, both technical site plans were found to be consistent with the master site plan and were thus
approved administratively by staff. Review and approval of the residential technical site plan (NWSP 02-
022) was completed with the build-out of the Villas at Quantum Lakes apartment buildings. The technical
site plan for Quantum Park & Village South Commercial (NWSP 03-004) was originally approved for six (6)
commercial buildings for a total of 119,185 square feet. However, it was never built-out and new
modifications are currently being sought. The revised master site plan proposes dwelling units in lieu of a
portion of the commercial space originally planned. Both are permitted uses within mixed use pods of the
PID. However, these modifications represent a significant change to the technical site plan (NWSP 02-
022) and likewise, to the master site plan (SBMP 02-001).
Six (6) waivers were previously approved by the City Commission and are itemized on the master site plan.
The proposed changes to the commercial portion of the master plan do not impact any of the approved
waivers.
The master site plan tabular data shows the parking requirements as follows:
Commercial: 71,708 square feet @ 1/225
One bedroom: 143 units @ 1.5 spaces
Two bedrooms: 206 units @ 2 spaces
319 spaces
215 spaces
412 spaces
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 3
5% guest spaces for Villas at Quantum Lakes
19 spaces
965 spaces
The above referenced list indicates that 965 parking spaces are required. The master site plan would
provide a total of 1,037 parking spaces, or an excess of 72 parking spaces.
A surface water management system has served the Quantum Community Development District since
1989. The District has legal positive outfall to the Lake Worth Drainage District's E-4 Canal. The
stormwater runoff is discharged via an existing control structure. The proposed volume and rate of the
discharge would be controlled pursuant to the applicable permits. The subject property would connect to
the existing District system.
The master site plan's original traffic impact study was approved by the Traffic Division of Palm Beach
County on June 28, 2002. The master site plan was approved for 234 multi-family dwelling units, 82,260
square feet of general retail, and 32,010 square feet of office. The revised study approved on August 19,
2002 included 136 multi-family dwelling units and 102,235 square feet of general retail. In February of
2005, Ordinance 05-013 for Development of Regional Impact (DRIA 05-001) was approved by the City
Commission to increase the maximum number of dwelling units allowable with Mixed Use pods (within the
entire Quantum Park DRI) from 1,000 units to 1,105 units. These additional units were earmarked, in
part, for this master site plan modification. Additional units are being earmarked for the "commercial"
component of this master site plan for Quantum Park & Village South. As such, a traffic impact statement
was submitted in conjunction with this request. Staff has received confirmation from the Traffic Division of
Palm Beach County that the proposed project is part of the previously approved Quantum DRI, and
therefore, meets the Traffic Performance Standards of Palm Beach County. However, no building permits
are to be issued after the build-out date of 2007 ( see Exhibit "C" - Conditions of Approval).
Concurrency:
Traffic: A traffic generation statement, prepared by Pinder Troutman Consulting, Inc. was
sent to the Palm Beach County Traffic Division for concurrency review. Based on
their review, the Traffic Division determined that the proposed project is part of the
previously approved Quantum DRI, and therefore, meets the Traffic Performance
Standards (TPS) of Palm Beach County. However, no building permits are to be
issued by the City after the build-out date of 2007 (see Exhibit "C" - Conditions of
Approval). The County traffic concurrency approval is subject to the Project
Aggregation Rules as set forth in the TPS Ordinance.
Utilities: Potable water and sanitary sewer / wastewater capacity is currently available to
serve this project, subject to the applicant making a firm reservation of capacity,
following approval of the site plan (see Exhibit "C" - Conditions of Approval).
Fire I Police: Fire staff reviewed the site plan and determined that the Fire Department expects
to be able to maintain an adequate level of service for the subject project, with
current or anticipated staffing. Infrastructure requirements such as hydrants and
roadways will be addressed during plan reviews and permitting. It must be noted
however, that the project is in an area with significant growth in the past year.
Staff supports this project with the understanding that Fire Station No. 5 will be
available when these structures are ready for occupancy.
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 4
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review (see Exhibit "C" - Conditions of Approval).
School: The project requires confirmation from the School District of Palm Beach County
that adequate services are available to support the proposed project. Their
confirmation is require prior to the issuance of any building permits (see Exhibit "C"
- Conditions of Approval).
Driveways: Sheet SP-1 shows the proposed layout of the drive aisles and parking areas. The
development fronts on Gateway Boulevard and would have three (3) access points
along that roadway. All would allow for ingress / egress. The western entrance
would have two (2) lanes each for ingress and egress, separated by an eight (8)
foot landscaped median. The center (main) entrance would also have two (2) lanes
each for ingress and egress, but separated by a 10-foot landscaped median. The
eastern entrance would have one (1) lane each for ingress and egress, separated
by a landscape median varying in width from 10 feet to 20 feet. In addition, an
entrance would be located on High Ridge Road. This entrance will have one lane
each for ingress and egress. These entrances are generally consistent with the
Quantum Park DRI Master Plan locations.
There are internal vehicular and pedestrian connections proposed between the
"commercial" and the "residential" portions of the development. Several vehicular
entrances are proposed to allow the residents to the commercial area. All drive
aisles would conform to Engineering standards.
Parking Facility: Normally, the required parking for commercial/retail uses are based on the
following methodology: one (1) parking space per 200 square feet of gross floor
area. Office uses generally require one (1) parking space per 300 square feet.
However, the Quantum Park and Village South Master Plan was approved with a
parking waiver to require one (1) parking space per 225 square feet of building
area for both commercial and office uses. The plan proposes a 71,708 square feet
of commercial/office area, which require 319 parking spaces. Also, 13 One-
bedroom units and 102 Two-bedroom units are proposed. The project requires a
total of 543 parking spaces. The site plan tabular data indicates that, within the
commercial component, 407 surface parking spaces and 234 garage spaces would
be provided, which would equal a total of 641 spaces, or an excess of 98 parking
spaces.
The four (4)-story condominium building, proposed along the west property line,
would require 64 spaces and its accompanying parking garage would provide a total
of 234 spaces, or an excess of 170 spaces. The parking garage would be two (2)
stories with parking on the roof. Three (3) mixed-use buildings are proposed along
the south property line. They would consist of 11 units each and therefore, (the
residential component) would require 66 parking spaces. Parking stalls are
proposed along the south property line. These stalls would be used exclusively for
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 5
the residents who would reside within these mixed-use buildings. The plan would
provide a total of 79 spaces or an excess of 13 spaces for the mixed-use buildings.
Howeverl an apartment building is proposed at the southeast corner of the
property. The plans show it as a two (2)-story building with a mix of one and two-
bedroom units (a total of 18 dwelling units). As suchl the building would thereforel
require 31 parking spaces. The plans provide eight (8) garage spaces and ten
surface parking spaces for a total of 18 spaces. The deficit in parking (for this
building) would draw from the 13 excess spaces provided near the mixed-use
buildings. Staff found this "shared" parking to be acceptable due to the close
proximity of the excess parking from the mixed-use buildings. Staff does not
anticipate a parking shortage for the rental units. The four (4) retail buildings
proposed along Gateway Boulevard and the commercial component of the
aforementioned mixed-use buildings would share the interior parking lot. The
proposed commercial/offices uses would require 319 parking spaces. The site
plan proposes 316 parking spaces. Againl staff does not anticipate a future parking
problem. The site plan complies with code and no variances or waivers are
required.
Landscaping:
The tree relocation plan (sheet T-1) indicates that site currently contains a variety
of native and exotic trees. The proposed construction would cause either
relocation or removal of certain trees, depending upon their current location,
health, and species. BasicallYI 42 trees would remain in their current location while
86 would be relocated elsewhere on-site. A total of 54 trees would ultimately be
removed. This process of tree removal/relocation would be overseen by the City
Forester / Environmentalist during the time of permitting.
According to the landscape plan, the commercial component would have 11
different categories of trees. The 11 categories are as follows: Accent palmi
Accent tree, Buffer tree, Flowering tree, Palm, Parking lot tree, Shade tree, and
Specimen palm. The landscape buffer along Gateway Boulevard would receive a
majority of the relocated Oak trees. According to Chapter 7.5 of the Land
Development Regulationsl the maximum tree spacing along rights-of-way would be
30 feet. The distance between the trees would vary between 20 feet and 40 feet.
Therefore, staff recommends incorporating a cluster of three (3) native palm trees
into the design of the landscape buffer (along rights-of-way) within the areas
where the tree spacing distance is greater than 30 feet apart (see Exhibit "c" -
Conditions of Approval).
Foundation landscaping would occur around the front and sides of each multi-
family dwelling building in order to enhance the visual appearance of the building
and to promote privacy in accordance with Chapter 7.5, Article II, Section S.L. of
the Land Development Regulations. However, no plant material is proposed along
the front (north) side of the mixed-use buildings. Therefore, staff recommends
installing either a landscape strip, potted plantsl or a combination of both along the
front (north) side of the mixed-use buildings in order to enhance the appearance of
the commercial space (see Exhibit "c" - Conditions of Approval).
The landscape plan shows the detail of the Berm Cross Section (Garage) for the
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 6
proposed landscaping around the two (2) story parking garage. It shows palm
trees and relocated oak trees are proposed around the south and east sides of the
building. The berm would be 20 feet in width and generally occur on the
"residential" component of the Quantum Park and Village South Master Site Plan.
This is acceptable and meets the intent of the Land Development Regulations in
terms of screening and buffering.
Building and Site: The subject property represents the "commercial" component of the Quantum Park
and Village South Master Site Plan. This plan proposes a four (4) story
condominium building at 45 feet in height with an accessory two (2) story parking
garage. The top of the decorative feature proposed for the garage would be 34
feet - two (2) inches in height. The condominium building would be setback over
40 feet from the west property line and 15 feet from the south property line. The
parking garage is proposed with a setback of five (5) feet - five (5) inches from the
south property line. A waiver was granted with the original approval of the Master
Site Plan which allowed a zero (0) side setback rather than the required 30 feet.
The parking spaces are proposed on the roof of the parking garage. Parked
vehicles would be screened by the parapet wall. The plan also proposes four (4)
retail buildings. The retail buildings would be one (1) story tall, with its decorative
features proposed at 39 feet - five (5) inches in height at the highest point. The
retail buildings would be setback 15 feet from the north property line. Again, a
waiver was granted with the original approval of the Master Site Plan which
allowed a is-foot front building setback rather than the required 30-foot setback.
The three (3) mixed-use buildings would be two (2) stories tall, at 36 feet - three
(3) inches in height at its highest point. Front doors for the mixed-use buildings
would occur on both its front and rear facades. The entrance to the commercial
space would occur on the north facade while the entrances to the dwelling units
would occur on the opposite fac;ade (south elevation). The mixed-use building
would be setback 64 feet from the south property line. Lastly, a two (2) story
apartment building is proposed at 29 feet - four (4) inches in height at its highest
point. The apartment building would be setback 38 feet - two (2) inches from the
east property line and 26 feet from the north property line. All buildings would
comply with the maximum height allowed in the PID zoning district and the
setbacks (via waivers) approved with the Master Site Plan.
The tabular data indicates that 13 One-bedroom units and 102 Two-bedroom units
are proposed for a total of 115 dwelling units. Also, 71,708 square feet of
commercial/office space is proposed. However, the floor plans do not show the
breakdown between the uses. The traffic impact statement was approved for
14,342 square feet of general office and 57,366 square feet of general retail. The
project would therefore, be limited to 57,366 square feet of retail space. For all
intents and purposes, future restaurant space would be grouped within the retail
square footage (see Exhibit "c" - Conditions of Approval). All proposed uses are
permitted on Mixed-Use pods within the Quantum Park PID.
The applicant informed staff that the residents who would reside in the mixed-use
buildings and the two (2)-story apartment building would be allowed to utilize the
pool and recreation facilities that were constructed as part pf the Villas at Quantum
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 7
Lakes (also known as Quantum Park and Village South Residential). The four (4)-
story condominium building would have its own recreational facilities. Staff
typically endorses the idea of constructing a full-sized clubhouse facility that could
accommodate Homeowner Association meetings. No clubhouse is proposed.
However, the 2nd floor plan (sheet A-26) for the condominium building shows a
large "party room" that could provide the space for such meetings. The 3rd floor
plan (sheet A-27) of the condominium building shows a large room for
administrative offices. However, the site plan shows a hatched area proposed near
the condominium building that is earmarked for 2,000 square feet of future office.
This was not within the scope of this project and is not a part of this review (see
Exhibit "C" - Conditions of Approval).
Design:
The proposed development is designed as a mixed-use project with hints of new
urbanism principles. For example, the project proposes true mixed-use buildings
where commercial space is proposed on the ground floor and residential units are
proposed on the 2nd floor. These are not considered to be live-work units because
there would be no internal connection between the two occupancies. Live-work
units are not indicated on the list of permitted uses in the Quantum Park DR!.
Also, the retail buildings proposed along Gateway Boulevard would be located close
to the right-of-way while its parking areas would be relegated to the rear of the
buildings. This concept invites pedestrian traffic and gathering areas in front of the
buildings rather than the typical sea of asphalt that occurs in most suburban
projects.
The project proposes a modern Spanish-Mediterranean architectural theme
throughout all of its buildings. This building style would be consistent with the
"residential" component (Villas at Quantum Lakes) of the Master Site Plan. Also,
the project proposes a multitude of earth tone colors of Benjamin-Moore paints.
The proposed colors are indicated on the ledger-sized Color Schedule. These colors
are consistent with the elevation pages. Each building would be enhanced with
decorative towers and pre-cast coping I banding on the parapet walls. Also, retail
buildings would have varying heights of the parapet walls. Other decorative
features include the following: decorative stucco trim, railing, pre-cast inserts,
decorative keystone, medallions, and decorative grille. Any awnings, if proposed
on the buildings, would be manufactured by Glen Raven and generally placed over
windows and doorways. Three (3) awning colors are proposed: off-white (Natural
4604-46), beige (Oyster 4642), and red (Jockey Red 4603-46).
The applicant submitted photometric plans with this modification. The plans
propose Sternberg "Boston 5800" light poles as its freestanding outdoor lighting
fixtures. The actual light on top of the pole would be Sternberg's decorative model
(Ripon-A). The 14-foot poles are proposed south of the mixed-use buildings near
the residential areas and 18-foot tall poles, proposed within the interior parking lot.
Wall sconces would also be used throughout the development.
Signage:
The front (north) elevations of the retail buildings and mixed-use buildings show
the location of the proposed tenant signs. However, they do not indicate their size,
material, or color. Staff cannot determine whether or not these signs meet code.
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 8
Therefore, staff recommends that the applicant submit a sign program during the
time of permitting. The sign program would apply to the entire development (see
Exhibit "C" - Conditions of Approval). A sign program ensures both material and
aesthetic consistency for the project's signage.
A detail of a typical project development sign is shown on sheet A-37. It shows
that it would be a decorative monument-style sign but the detail does not indicate
the sign type, materials used, or proposed signage area. Again, these signs would
be a component of the sign program. The site plan shows that they are proposed
at only one (1) entrance. It is likely however, that in the future, the applicant
would subsequently request additional monument signs as part of their sign
program. Regardless, the structures would have to be at least 10 feet from the
property line with colorful groundcover plants installed at their base. They would
require Quantum Park Architectural Review Committee review and approval.
RECOMMENDATION:
Staff has reviewed this request for master site plan modification and is recommending approval,
contingent upon satisfying all conditions indicated in Exhibit "C" - Conditions of Approval. Any additional
conditions recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\MSPM 05-003 Commercial\Staff Report.doc
cr
VI.-CONSENT AGENDA
ITEM D.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4,2005 (Noon) I:8l June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF I:8l Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report f".)
c-'~
,
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, '-}
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RECOMMENDATION: Please place this request on the June 21, 2005 City Conumssion Agenda undect;.onse#f:':
Agenda. The Planning and Development Board recommended that the subject request be approved on May 24, 2QQ5. 23;:;'
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-0$; ~~):>
,")
.....
.....
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Pylon Interstate Plaza (SPTE 05-002)
Steve L. Cohen
Chambers Properties, LLC
1501 Corporate Drive
Request for a nine (9) month site plan time extension for the construction of a 29,419
square foot, two (2)-story office building, approved on February 3, 2004 (an extension to
November 3, 2005)
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
Deve ment epartment Director
~J~.
Planning and 0 . ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\SPTE 05-002\Agenda Item Request Plyon Interstate Plaza SPTE 05-002.6-21-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-058
TO:
Chair and Members
Planning & Development Board and City Commission
THRU:
Michael Rumpf
Director of Planning and Zoning
FROM:
Eric Lee Johnson, AICP
Planner
DATE:
May 6/ 2005
PROJECT:
Pylon Interstate Plaza 1 SPTE 05-002
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
Chambers Properties, LLC
Applicantl Agent:
Steven L. Cohen, President / Steven L. Cohen and Associates
Location:
1501 Corporate Drive (see Exhibit "Aft - Location Map)
Existing Land Use / Zoning: Office Commercial (OC) / Office Professional (C-1)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Offices
Acreage:
124/581 square feet (2.86 acres)
Adjacent Uses:
North:
Right-of-way for Woolbright Road, then farther north is developed
commercial property (Racetrac gas station), zoned Community Commercial
(C-3);
South:
Vacant industrial (retention pond for Boynton Commerce Center) property
zoned Planned Industrial Development (PID);
East:
Two (2) story office building in Phase One, then father east is right-of-way
for Southwest 7th Court/ still farther east is developed commercial (Lowe's
Home Improvement Center), zoned Community Commercial (C-3); and
West:
Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then
farther west is developed commercial (First Southern Bank). A 60+1- foot
portion of the subject property abuts developed residential property
(Leisureville), zoned Single-family residential (R-1AA).
Page 2 .
Memorandum No. PZ 05-058
BACKGROUND
The subject property is located at the southwest corner of Woolbright Road and Southwest 7th Court.
According to pubic records, Chambers Properties, LLC has owned the property since September of 2003.
On February 3, 2004, the conditional use / site plan (COUS 03-009) was approved for the construction of a
29,419 square foot, two (2) story office building. Offices are permitted uses in the C-1 zoning district. The
maximum building height in the C-1 zoning district is 30 feet and the building cannot exceed two (2)
stories. However, according to Chapter 2, Section 6.A.3., two (2) floors over under-story parking is
allowed up to a maximum of 35 feet in height, but only via conditional use approval. Therefore, the
ground "floor" would primarily consist of the parking lot under the building, storage area, and elevator
shaft. The traditional office space would only occur on the second and third stories. It must be noted that
the project was approved for a height exception (HTEX 03-009) of 18 feet - seven (7) inches. The parapet
wall (which would screen the mechanical rooftop equipment) is proposed at 40 feet in height. The peak of
the pitched standing seam metal roof (proposed above the elevator shaft) would be 53 feet - seven (7)
inches in height and was the subject of the approved height exception. This is the second phase of a two
(2) phase project. The first phase was approved in 1984. That site plan showed two (2) buildings for a
total of 58,000 square feet of gross floor area.
A site plan is valid for only one (1) year after a development order has been issued. The developer is
required to secure a building permit within that year. Mr. Steven Cohen, agent for the applicant, is now
requesting a nine (9)-month time extension, for the site plan (COUS 03-009), which was approved on
February 3, 2004. If this time extension request is approved, the expiration date of the site plan, including
concurrency certification, would be extended to November 3, 2005. The site plan would still be subject to
the original 28 conditions of approval.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits
include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural.
The Regulations authorize the City Commission to approve one (1) year time extensions, provided that
the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received both the application and
the payment for site plan time extension on February 1, 2005. They were received prior to the expiration
date of the site plan.
According to the time extension application, Mr. Cohen states "the reason for the extension is that the
financing of the project is just being finalized. Due to this time constraint, I am requesting a nine (9)
month time extension".
One informal criterion that staff methodically utilizes in the evaluation of a request for time extensions is
the applicants' demonstration or willingness to complete the project in "good faith". The applicant can
submit detailed plans to the Building Division in anticipation of eventually securing a building permit.
Submitting building permit plans demonstrates "good faith" to the City that the developer is attempting to
complete the project. As of today, the applicant has not submitted any plans for any type of building
permit.
A more formal criterion for evaluating requests for time extensions is a project's compliance with (traffic)
concurrency requirements. On January 23, 2004, the Palm Beach County Traffic Division approved the
traffic generation statement for 29,419 square foot of office build-out year of 2006. As of this date, the
project currently has traffic concurrency which would expire after the anticipated build-out date. Lastly,
staff considers if any applicable amendments to the Land Development Regulations have occurred, which
Page 3
Memorandum No. PZ 05-058
should now apply to the subject project. No such amendments have been processed since the subject site
plan was approved.
RECOMMENDATION
Staff recommends approval of this request for a nine (9) month site plan time extension and its
accompanying request for height exception (HTEX 03-009). No new conditions of approval are
recommended by staff with this request. The project would be subject to the same 28 conditions of
approval from the conditional use / new site plan (CGUS 03-009) request. However, any additional
conditions of approval recommended by the Board or City Commission with reference to this request for
site plan time extension would be placed accordingly in Exhibit "c" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\SPTE OS-002\Staff Report.doc
...
VI.-CONSENT AGENDA
ITEM 0.4.
({(.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14, 2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) l:8J June 21,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17, 2005 May 2,2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans ~J
"')-4
NATURE OF l:8J Consent Agenda 0 New Business =,-<
AGENDA ITEM 0 0 .. <':: c:>
Public Hearing Legal ---',.\< -n
". .'
--- l,j....;
0 Bids 0 UnfInished Business N '~C)
0 0 0'.
Announcement Presentation
0 ~,
City Manager's Report ,...5~
<.:? :'2 co
..:._~ r'f1
f'~ .~ ~') J.>
RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under e<insetitl S2
......
Agenda, The Planning and Development Board recommended that the subject request be approved on May 24, 2005.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05.069.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Grove Plaza Parcel B (MPMD 05-009)
Lution Hill, KMA Investment Properties
Grove Plaza B, LLC
3920 Hypoluxo Road
Request for Master Plan ModifIcation approval to convert parcel "B" from a proposed
3,800 square foot bank to a 14,291 square foot offIce building,
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
Devel
kJJ
Planning an~~ctor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza MPMD\Parcel B MPMD 05-009\Agenda Item Request Grove Plaza Parcel B MPMD 05-
009.6-21-05.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 05-069
TO:
Chair and Members
Planning and Development Board
Michael W. Rum;;1((!ll-
Director of Planning & Zoning
Ed Breese ~
Principal Planner
THROUGH:
FROM:
DATE:
May 6, 2005
SUBJECT:
Grove Plaza - File No. MPMD 05-009
Master Plan Modification (Change on Parcel "B")
PROJECT NAME:
Grove Plaza - MPMD 05-009
LOCATION:
Grove Plaza, southeast corner of Lawrence Road and Hypoluxo Road
APPUCANT:
Lution Hill, KMA Investments
LAND USE/ZONING:
Local Retail Commercial (LRC) / Community Commercial (C-3)
NATURE OF REQUEST
The applicant, Mr. Lution Hill of KMA Investments, is requesting to modify the Subdivision Master Plan for
Grove Plaza. This development is located on the south side of Hypoluxo Road, just east of Lawrence Road
(see Exhibit "A" - Location Map). The specific request is to modify the square footage and proposed use
originally approved on Parcel "B" of the Grove Plaza Master Plan (see Exhibit "B" - Proposed Master Plan).
Parcel "B" was initially approved for a 3,800 square foot bank. This master plan modification is requested to
allow development of a 14,291 square foot office building on Parcel "B", in lieu of a 3,800 square foot bank.
BACKGROUND/ ANALYSIS
The subject property was formerly the location of a landscaping and nursery business until it was annexed and
rezoned. On September 19, 1995, the subdivision master plan was approved with six (6) separate parcels,
each of which would require separate site plan review and approval. In 1999, a major modification to the
master plan was approved for the development of the first parcel (Parcel "A") and several changes to the
remaining parcels. Parcel "A" was approved for a gas station (7-Eleven convenience store with gas sales).
The remaining parcels consisted of the following: 3,800 square-foot bank on Parcel "B", 6,540 square feet of
retail on Parcel "C", 9,000 square feet of retail on Parcel "D", a 3,600 square foot restaurant on Parcel "E", and
another 3,600 square foot restaurant on Parcel "F". In July of 2002, the City Commission approved a master
plan modification (MPMD 02-001) for a change in Parcel "E", from a restaurant to a one-story car-wash facility
(Motor City Car Wash). The accompanying site plan (NWSP 02-007) for the car wash was approved as well.
Then, in March of 2004, the City Commission approved another master plan modification (MPMD 03-003) for
Parcel "F" to allow a 7,180 square foot retail building in place of a 3,600 square foot restaurant. The
accompanying site plan (NWSP 03-027) for the project (Auto Zone) was approved as well. On June 1, 2004,
the City Commission approved a modification to the master plan amending Parcel "D" from the previously
Memorandum No. PZ 05-069
G~ove Plaza (Grove Plaza Parcel "B"), MPMD 05-009
Page 2
approved 9,000 square foot retail building, to an 11,972 square foot retail building, and the companion site
plan at the same time. Then, in February of 2005, the City Commission approved the most recent master plan
modification (MPMD 05-003) for Parcel "C" to allow a 6,832 square foot minor automotive repair facility in
place of a 6,540 square foot retail building, and the requisite site plan at the same time.
Each parcel is required to provide the minimum parking for their respective use as designated on the plan.
The following summary indicates the required and provided parking for each parcel:
Parcel Name Reauired Parking Provided Parking
Parcel A 12 28
Parcel B 48 68
Parcel C 28 35
Parcel D 60 60
Parcel E 04 09
Parcel F 29 38
Throughout the master plan modification proposals, the applicant has continued to provide additional parking
to accommodate the changes in use or intensity.
In addressing the impacts associated with the master plan modification relative to Palm Beach County Traffic
Performance Standards, the applicant's consultant, Kimley-Horn and Associates, concluded that the change
does not result in an increase in the daily a.m. peak or p.m. peak hour trip generation over that previously
approved. The statement was sent to the Traffic Division of Palm Beach County for their review and approval.
Palm Beach County Traffic Division, on February 17, 2005, issued a letter of determination that the revised
development plan generates less daily and peak hour trips than that previously approved, and therfore is in
conformance with said standards.
Additionally, the applicant is requesting to remove one of the "General Notes", which states, " All structures to
be one story maximum". This general note was a condition of staff associated with the annexation, zoning and
master plan approval in 1992. The building proposed for Parcel "B" is a two-story office building, that is 27
feet tall to the roof deck. The decorative molding atop the parapet walls, increase the building height from 30
to 32 feet, depending upon location. The maximum allowable height in this zoning district (C-3) is 45 feet. The
maximum allowable height in the City's closest residential zoning district (R-1A) is 30 feet. The proposed
building to be constructed upon Parcel "B" would appear to be compatible with surrounding residential, which
is a mix of one and two story homes. Furthermore, the building proposed would be over 88 feet from the
closest residentially zoned property. Finally, this is the last parcel to be approved for development within the
Grove Plaza Master Plan. As a condition of approval, staff recommends, rather than removal of the restriction
all together, that the language in the Master Plan be modified to reflect a restriction to two (2) stories, not to
exceed 30 feet. This would also allow, per existing code, parapet walls of five (5) foot or less, in excess of the
30 foot limit.
No other changes affecting the overall master plan are contemplated in this request by the applicant.
RECOMMENDATION
The Technical Application Review Team (TART) has reviewed this master plan modification request and
recommends approval. Staff recommends approval, contingent upon successfully satisfying all comments
indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
(((
VI.-CONSENT AGENDA
ITEM 0.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) [gJ June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
'- ";
--........\
-~:i -<
D Administrative D Development Plans .. ,-"
~, \ \
[gJ Consent Agenda D New Business -........ -'.cJ
r--:. "1 C.~)
D Public Hearing D Legal 01 --'...
--,...
D Bids D UnfInished Business -0 .:~
'. ;
--
D D -,-,
Announcement Presentation (J') "-,1 OJ
D City Manager's Report ,_":\"1i
r...) cJJ>
\'\"
:r.
RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Consent
Agenda. The Planning and Development Board recommended that the subject request be approved on May 24,2005.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-071.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Grove Plaza Parcel B (NWSP 05-012)
Lution Hill, KMA Investment Properties
Grove Plaza B, LLC
3920 Hypoluxo Road
Request for New Site Plan approval for a 14,291 square foot, two (2) story office building
on a 1.116-acre parcel in a C- 3 zoning district.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~-<
City Manager's Signature
Develop
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Planning and ZoningDir ctor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel B\NWSP 05-012\Agenda Item Request Grove Plaza Parcel B NWSP 05-012-6-21-
05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-071
STAFF REPORT
TO:
FROM:
Chairman and Members
Planning and Development Board and City Commission
Michael Rum;;A'\l):J~
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
DATE:
May 16, 2005
PROJECT NAME/NO:
Grove Plaza Parcel "B" / NWSP 05-012
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
Grove Plaza "B" LLC
Applicant:
Mr. Lution Hill, KMA Investment Properties
Agent:
Mr. Lution Hill, KMA Investment Properties
Location:
Parcel "B" of Grove Plaza Replat, southeast corner of
Hypoluxo Road and Lawrence Road (see Exhibit "A"-
Location Map)
Existing Land Use/Zoning:
Local Retail Commercial (LRC) / Community Commercial
(C-3)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
14,291 square foot office building
Acreage:
1. 116-acres
Adjacent Uses:
North:
Right-of-way for Hypoluxo Road, then farther north is Santaluces High School with
an Institutional (I) land use designation (unincorporated Palm Beach County) and
zoned Public Ownership (PO);
South:
Drainage Utility & Ingress / Egress Easement for Grove Plaza, then farther south is
developed residential with a Medium Density Residential (MR-5) land use
designation (unincorporated Palm Beach County) and zoned Agricultural Residential
(AR);
Staff Report - Grove Plaza Parcel "8" (NWSP 05-012)
Memorandum No PZ 05-071
Page 3
Driveways: Tract "G" is the common area which accommodates the access drives, drainage,
buffer wall, and landscaping for the Grove Plaza commercial/retail development.
Tract "G" allows for vehicular ingress / egress to the subject site from Hypoluxo
Road. The project proposes three (3) driveway openings from the subject property
to Tract "G". These three (3) driveway openings would allow for both vehicular
ingress and egress. Two (2) of the openings would occur along the subject parcel's
west property line and one (1) along the south property line. The project would
share and utilize Tract "G" with the other parcels. Each of the driveway openings
onto Tract "G" would be at least 25 feet in width. Additionally, there is a cross-
access drive between this parcel and Parcel "c" to the east.
Parking Facility: Office uses require one (1) parking space per 300 square feet of gross floor area.
Therefore, a 14,291 square foot retail building requires 48 parking spaces. The site
plan (sheet A100) shows that 68 parking spaces are proposed to meet this
requirement, of which three (3) are designated handicap. The site plan also shows
that 90-degree parking spaces would be dimensioned nine and one-half (9112) feet
wide by 18V2 feet in length. The 90-degree handicap spaces would be 12 feet in
width with five (5) feet of striping. Parking areas would occur along the north, east
and south sides of the building. As proposed, the vehicular back-up distance is 25
feet in width. A loading space has also been provided along the rear of the
property. The proposed outdoor freestanding lighting structures would have to
adhere to the design guidelines of the Grove Plaza Master Plan (see Exhibit "c" -
Conditions of Approval). For example, the height of the light pole structures could
not exceed 17 feet. According to the photometric plan, the proposed lighting levels
along all sides of the property would be minimal. It should have no adverse affect
on the neighboring parcels.
Landscaping: The proposed pervious area of the parcel equals 10,636 square feet or 21.9% of
the total site. The landscape plan (sheet L-1) indicates that approximately 64% of
the trees, 68% of the shrubs and 70% of the groundcover would be native.
Consistent with the Grove Plaza Master Plan, the width of the north (front)
landscape buffer along Hypoluxo Road would be 15 feet in width, bermed, and
contain Live Oak trees and a row of Redtip Cocoplum hedges. Additionally the north
buffer would include Dahoon Holly trees, fire bush and purple lantana. A cross-
section of the front landscape buffer is required to provide sufficient detail to
ensure proper screening is attained on the site. Additionally, the installation and
creation of the berm along the north buffer would be overseen by the City Forester
/ Environmentalist (see Exhibit "c" - Conditions of Approval). The west (side)
landscape buffer would be 15 feet in width and contain Dahoon Holly, Pink
Tabebuia and Pigeon Plum trees, Montgomery palms and a row of Lakeview
Jasmine hedges. The width of the south (rear) landscape buffer would be 15.5 feet
in width at the narrowest point and would contain Dahoon Holly trees and Redtip
Cocoplum hedges. Finally, the width of the east (side) landscape buffer would be
at least 2.5 feet wide and would contain Dahoon Holly trees, Montgomery palms
and Redtip Cocoplum hedges.
Staff Report - Grove Plaza Parcel "B" (NWSP 05-012)
Memorandum No PZ 05-071
Page 4
Along the north side of the building, the developer proposes planting Montgomery
and Thatch palms along with arboricola shrubs. On the south building elevation, the
planting scheme includes 22'-26' tall Montgomery palms located between the rear
doors and arboricola shrubs to enhance the lower region of the wall. Staff
recommends the number of palms proposed for the south building elevation
landscape strip be increased to soften the appearance of this two-story elevation.
With the increase in the number of tall palms against the building, the 12 foot tall
Dahoon holly trees planted in the 15.5 foot rear landscape buffer, the 20 foot
landscape buffer at the south property line abutting residential properties,
containing more mature plantings and a masonry wall, and the fact that the
building is setback approximately 88 feet from this buffer wall, staff believes the
building to be adequately buffered and screened.
Building and Site: The maximum height allowed for new buildings in the C-3 zoning district is 45 feet
/ 4 stories. According to Sheet A300, the proposed building is designed as a two
(2)-story structure. The top of the highest parapet wall is shown as 32 feet in
height. The top of the typical parapet wall would be approximately 30 feet in
height. The required front setback in the C-3 zoning district is 20 feet; the building
would be setback approximately 88 feet. The required interior side setback in the
C-3 district is zero feet. The project far exceeds this requirement, with the building
setback 76 feet from the east property line. The required corner side setback is 15
feet, and the site plan provides for a 15 foot setback from the west property line.
The building would be nearly 88 feet from the south (rear) property line. The site
plan shows that the dumpster enclosure is proposed at the southwestern portion of
the lot. It is landscaped on three (3) sides as required by code. The Engineering
Division of Public Works has approved its location and angle with respect to the
facilitation of trash removal. The proposed buildings and site design would
generally meet code requirements when staff comments are incorporated into the
permit drawings.
Design: The project was reviewed in part, according to the standards as identified in the
Grove Plaza Design Guidelines (1998). The proposed design is compatible with the
surrounding built environment and would generally enhance the overall appearance
of the commercial plaza. The principle building and trim colors (earth tones) are
consistent with the colors of the Grove Plaza Design Guidelines (1998). The body of
the wall area, which contains the greatest portion of mass, would be painted a
cream color (Sherwin Williams - Cocoa Shell #2432). Other wall accent colors in
recessed areas include brown and red (Sherwin Williams - Cattail Brown #2181
and Red Barn #2307). The accent moldings and pre-finished cornice proposed at
top of the parapet walls would be white (Sherwin Williams - Alpine White #2427)
and the decorative metal awnings would be painted red (Sherwin Williams - Red
Barn #2307). These colors would be compatible with the Motor City Carwash, Auto
Zone, and projects previously approved for Parcels "C" and "0" on adjacent lots,
which will be painted tan, medium brown, and cream. The accent squares would
be made with brick colored ceramic tiles, which will also match the color of the
decorative metal awnings. To further promote the objective of the design
Staff Report - Grove Plaza Parcel"B" (NWSP 05-012)
Memorandum No PZ 05-071
Page 5
guidelines, the developer has incorporated many of the same accent features from
the retail building approved, but not yet constructed, on Parcel "0" into this
proposed office building, including the corniced parapets, decorative metal awnings
and decorative tiles.
Signage:
The maximum allowable sign area is based on the linear frontage of the front
fa~ade (facing Hypoluxo Road). The elevations (sheet A300) show the proposed
location and area for walls signs. Each sign will be required to conform to a
uniform style and color, other than those nationally recognized tenants.
The site plan (sheet Al00) shows that a freestanding monument sign is proposed
at the northwest corner of the property. It would be setback 10 feet from the
north and west property lines. The Grove Plaza Master Plan Design Guidelines
restrict the sign to a maximum area and height of 60 square feet and eight (8) feet
- six (6) inches respectively. The base colors must be white or off-white. The
detail of the proposed monument sign shows that the structure would be eight (8)
feet - six (6) inches in height and 10 feet in width. At the present time, Century 21
is the only tenant indicated. As with the individual tenant wall signs, the lettering
type, style and color proposed for the monument sign will be required to be
consistent for all tenants other than those that are nationally recognized.
RECOMMENDATION:
The Technical Application Review Team (TART) has reviewed this request for new site plan approval.
Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C" -
Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Parcel "S"\NWSP OS-012\Staff Report.doc
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fir.al Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) rg] June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF rg] Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
~J ;.
0 Bids 0 Unfinished Business
0 0 -<:
Announcement Presentation
0 City Manager's Report or\
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RECOMMENDATION: I..D :~~~co
Motion from the City Commission to approve the donation of$5,000.00 to the Boynton Beach P.A.L. for a trip to ~io~~
PAL basketball tournament. ~ )
....~-
EXPLANATION:
The Boynton Beach PAL has requested assistance with the expenses for a trip to Kentucky for the National PAL basketball
tournament. The tournament will be held June 28 to July 2,2005 in Lexington, Kentucky. We will have one team representing
the City of Boynton Beach.
Funding will be from the Federal Forfeiture Treasury Fund.
PROGRAM IMPACT:
FISCAL IMPACT:
Funding this request will have no fiscal impact on our budget.
Federal Forfeiture Treasury Fund account 691-5000-590-04-23 $5,000.00.
AL TERNA TIVES:
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'Department Head's Signature
Police
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
FROM:
Marshall B. Gage
Chief of pOlice.~
. ~<
Lisa Lillie~
Sergeant, "
Uniform Services
DATE:
April 8, 2005
FILE:
TO:
SUBJECT:
REFERENCES:
State PAL Basketball Tournament
ENCLOSURES:
April 1-3, 2005 was the State PAL Basketball tournament in Titusville Florida. Officer Tome took three teams
to this tournament, 10 & under, 12 & under and 14 & under. All three teams played extremely well and
represented the city in an honorable manner.
The 10 & under team placed third in the state and each child received bronze medal; the team also received a
trophy.
The 12 & under team placed fourth in the state and the team received a trophy.
The 14 & under team placed an amazing second in their division of the state tournament. Each child received a
silver medal and the team received a trophy. They accomplished his despite the fact that they had only six
players available. Two of the star players were unable to attend due to prior engagements. This team, when
fully staffed, would stand a strong chance at winning the National PAL title, therefore, Officer Tome is
requesting additional funding so that this team can represent the City in Kentucky at the National PAL
tournament from June 28-July 2,2005
)
Fact Sheet
48t.h Annual Nat.ional PAL Basketball Championship ~~~2'
Jur'r; 2/-,.dl'.,~, 2TY-, 1*
L p~,nqtrn, KY . " ,.
Code of Conduct
Re.gl$_tr~1;iQn
forms in .doc
format
Registration IeClmRQster
forms in .pdf in .doc
format Team Roster in .pdf
Make your hotel reservations online now! Click here.
DIVISIONS
Boys & Girls
18 Under Open
16 Under Open
14 Under Open
12 Under Open
10 Under Open
ENTRY DEADLINE
Entry forms, fees, rosters, waivers and
proofs of age must be received at the
National PAL office no later than the
Friday, May 31, 2005.
PHOTO ID CARDS
Each participating player/ coach is
responsible for going to the National
PAL website and downloading ID cards
for the event. Each ID card shall have
the participant/ coaches picture on it as
well as information regarding what PAL
they are from. These are to be worn at
all times during the event with
exception to games. Click here for more
information.
ENTRY FEE
$295.00 per team. Mail check or money
order (NO cash please) payable to
National PAL. Send all entries USPS
certified return receipt requested or via
overnight delivery if you require entry
verification.
SECURITY DEPOSIT
Each chapter will be required to pay a
$200 security deposit(check or money
order made out to National PAL) to be
handed in at the time of registration.
This deposit will not be cashed unless
needed for tournament violations or
protests. If the deposit is not used the
check will be returned at the conclusion
of the event.
RULES
The playing rules for this tournament
FORMAT
A pool play system will be used in the
National Championship for all age
divisions. There will be four (4) teams
per pool when possible. Teams from
each pool will advance to a single
elimination championship bracket.
ROSTER
Rosters must be typed. A maximum of
12 players and 3 coaches will be
allowed. Teams may send photos. Any
roster changes must be made by May
31st. Under no circumstances will
changes be accepted after May 31st.
PARTICIPANT / COACHES MEETINGS
Each participant/ coach will be required
to attend MANDATORY meetings to sign
the National PAL Code of Conduct as
well as listen to various rules and
regulations. Individuals missing their
respective meeting will be dealt with as
outlined in the National PAL Code of
Conduct.
PROTESTS
Protest can only be submitted based on
a rules infraction not on judgment calls.
Protests must be in writing and turned
in to the basketball chairman within 2
hours of the completion of the game in
question. All protests must be
accompanied by $100.00 fee.
EJECTIONS
Any player/coach ejected from a game
for un-sportsmanlike conduct shall be
suspended for the following game.
Suspended player/coach may not sit
with or behind the team. Fighting will
not be tolerated. Excessive intolerable
behavior could result in expulsion form
the tournament for a player, coach or
team.
DISCIPLINARY ACTION
http://www.nationalpal.org/events/2005/Basketball/index.htm
Page 1 of 3
5/4/2005
Fact.Sheet
shall be the National Federation of State
High Schools Association rules for the
current year except where modified by
National PAL rules. Games will be 8-
minute quarters except the 10 and 12 &
Under divisions which will be 7 minute
quarters.
AGE CUTOFF
September Players age on or after
1, 2005 September 1, 2005.
Born on or after
la/Under September 1, 1994 (Can
not be 11 prior to
September 1st, 2005)
Born on or after
12/Under September 1, 1992 (Can
not be 13 prior to
September 1st, 2005)
Born on or after
14/Under September 1, 1990 (Can
not be 15 prior to
September 1st, 2005)
Born on or after
16/Under September 1, 1988 (Can
not be 17 prior to
September 1st, 2005)
Born on or after
lS/Under September 1, 1986 (Can
not be 19 prior to
September 1st, 2005)
HOTEL INFORMATION
Lexington PAL has arranged for housing
accommodations at the Holiday Inn -
Lexington North. This year's
Championship will give all participants a
sports festival- like atmosphere and we
encourage all teams to stay at the host
hotel to enhance the "sports village"
concept. The host hotel will also be the
focal point of all non-competitive
activities. Be sure to make your hotel
accommodations as soon as possible. To
register for hotel accomodations online,
click here. The Holiday Inn -Lexington
North is the official headquarters for the
2005 National PAL Basketball
Championships. Stay there!
National PAL will take a firm stand on
disciplinary action at all National events.
If any portion of the Code of Conduct is
not adhered to the violating party will
be dealt with as outlined in the Code of
Conduct.
PROOF OF AGE
Proof of age can come in several forms:
1. Photocopy of birth record from state,
county, or municipal Bureau of Vital
Statistics.
2. Consular Service form FS-240
"Report of Birth" issued by US Dept. of
State.
3. Immigration & Naturalization form 1-
25 form #43-R311-7 issued by US
Dept. of State.
4. Copy of official school record or
transcript.
5. Photo I.D. issued by state, city,
county, or school.
6. Drivers license
PHOTO ID
Photo ID may be requested at any time
to verify player's identity.
AWARDS
1st, 2nd, and 3rd place medals will be
awarded along with 1st, 2nd, and 3rd
place team trophies.
REFUNDS/CANCELLATION POLICY
Withdrawals made prior to the Monday,
Friday, May 31, 2005 deadline will
receive a 50% refund of the entry fee.
Any team withdrawing after Monday,
May 31, 2005 will forfeit its entire entry
fee.
GRACE PERIOD
Teams will be given a ls-minute grace
period after the scheduled start of the
game to arrive at the playing site.
Tentative Schedule
Dav / Date IActivitv Site trime
Mon. June 27 Reqistration 2-5PM
Players Mtq. 5:30 -7PM
Coaches Meetinq 7-8PM
http://www.nationalpal.org/events/2005/Basketballlindex.htm
Page 2 of 3
5/412005
Fact-Sheet
Tue. June 28 Preliminaries Venues 9AM-TBD
Wed. June 29 Preliminaries Venues 9AM-TBD
Thur. June 30 Preliminaries/ Seed MtCl. Venues 9AM-TBD
Fri. July 1 Preliminaries Venues ~AM- TBD
Sat. July 2 Finals trBD
*REGISTRA TION/COACHES MEETINGS ARE MANDATORY. ONE COACH
REPRESENTING EACH TEAM MUST ATTEND ALL MEETINGS OR THEIR
TEAM WILL BE IN VIOLA TION OF THE CODE OF CONDUCT.
ENTRY CHECKLIST
. Official Entry Form
. Individual ID Cards for each participant/ coach
. Entry Fee - $295
. Security Deposit - $200
. Team Roster
. Liability Waiver - for each team member
. Proof of Age - for each team member
. Entry Deadline - May 31, 2005
CONTACT PERSON
Seth Wilson, National PAL Events
Phone - (561) 844-1823 mm Fax - (561) 863-6120
Back to
Events
Registration forms I fX1
will require the L::J
Acrobat Reader to
open. Click here to download the reader
free if you do not already have it.
http://www.nationalpal.org/events/2005/Basketballlindex.htm
Page 3 of 3
5/4/2005
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM G.
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
D AprilS, 2005
D April 19, 2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
[g] June 7, 2005
D June 2], 2005
D July 5, 2005
D July 19,2005
May 16,2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
May 2, 2005 (Noon)
July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[g] Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
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RECOMMENDATION:
Return cash bond of$13,267.00 to First Baptist Church of Boynton Beach for the project known as the First Baptist Church.
EXPLANATION:
On January 24,2005, the Building Division sent to the Finance Department a cash bond of$13,267.00 for the completion of
the permitted work for the project known as the First Baptist Church located at 301 N, Seacrest Blvd. The work has been
completed and the Certificate of Occupancy was issued on April 22, 2005.
PROGRAM IMPACT: None
FISCAL IMPACT: None
irector
Quintus L.
Development Department
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
first 8aptlst
BOYNTON BEACH
30IN. SeacrestBIvd.
Boynton Beach, FL 33435-4069
(561) 732-5151 ",ww.fustboynton.com
May 4, 2005
City of Boynton Beach
100 E Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Sir or Madam:
7?~ 00,
f/7o/tJr
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4~~
On April 22, 2005, First Baptist Church of Boynton Beach received our Certificate of Occupancy. At
this time, we are requesting the return of our surety bond in the amount of $13,267.00.
If you have any questions regarding this matter, please do not hesitate to call. Thank you for your
prom,:t attention to this matter.
Sincerely,
timb~ ([ ~/lLK-
Kimberty J. SaItrese
Financial Seaetary
,,;; i ~ Ww ~ ~f <fIYi c2rPJ i Ma' dQ)<O, b~
M1fYl&/'1 \r MI1JU, rjJMfl"d1J ~-I-D ~,
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j) Janelle N. l8mbeft
I to J My ComrnIIIIOn 00212141
\i ~..... Oectmber 20. 2007
EXHIBIT "A"
Marc Ramirez, Associate Pastor
Keith Baker, Worship & Music
. ,
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-017
TO: Bill Mummert, Director of Financial Services
FROM: Don Johnson, Building Official f')fj
DATE: January 24,2005
SUBJECT: CASH BOND - FIRST BAPTIST CHURCH - 301 N. SEACREST BLVD.
Attached are Cashier's Checks for $6,117.00 and $7,150.00 from the First Baptist Church. These are cash
sureties for the First Baptist Church and are to be held until all outstanding issues of their temporary
Certificate of Occupancy is completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from Paul T. Worrell, Architect and checks
XC: Timothy K. Large, Building Code Administrator
Permit File # 03-244
EXHIBIT "B"
S:\Development\BUILDING\Memos\Cash Bonds - 2005\First Baptist Church 03-244.doc
REMITTER
FIRST BAPTIST CHURCH
DATE
1/2012005
I
~ C I TV OF 8O\"NTON BE."\CH
ORDER
~ Sb~ Thousand anti Hu.ndt'ed Seventeerl
THIS DOCUMENT HAS A MICRO-PRINT SIGNATURE LINE, AUTHENTIC WATERMARK, AND CHLOROSTAIN PAPER; ABS NC
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FIRST BAPTIST CHURCH
DATE
1/28/2805
I ~O CIT\' Of" aOYUTOU OCAClI
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!: ~ Se.....en Thou,sand One Hundred
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CITY OF BOYNTON BEACH
Boynton Beach, Florida
38862
DEPARTMENT
FOR
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EXHIBIT "C"
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The Maddox Group
January 19, 2005
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
RE: First Baptist Church
301 N. Seacrest Blvd.
Boynton Beach, FL 33435
Gentlemen:
The Weitz Company has satisfied all of the new building construction
requirements for a Certificate of Occupancy and is requesting a temporary
Certificate of Occupancy. However, we understand that the items mentioned
below (which have separate permits) will have to be completed prior to the
issuance of a permanent Certificate of Occupancy.
Therefore, this is to certify that the amount of money that will be required to
complete the items associated with the above referenced property (which are
contracted directly by the Owner) are as follows:
A. Re-roofing of existing buildings - $6,117.00
B. Identification Signs at property corners - $6,500.00
The Church will provide you with two (2) separate checks for the items listed
above (plus 10%) which is understood to be refundable upon completion of the
work and issuance of the Certificate of Occupancy.
Should you require anything further please feel free to contact The Weitz
Company or my office.
" 11- oG
Paul T. Worrell
ARCHITECT AROO10310
xc: Mr. Rob Baker (First Baptist Church)
Mr. Jeff Harris (The Weitz Company)
EXHIBIT "D"
Architecture Interiors Construction Development
1266 First Street, Suite 9, Sarasota, FL 34236 · Tel: 941-955-7358. www.themoddoxgroup.com
ArChitecture Fox: 941-955-7360 · Construction Fox: 941-953-4246
MC 001683 CBC ~9033
VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
1, ")
0 0 ...." ',-.-
Bids UnfInished Business :::~'
'-.~... -:'
0 Announcement 0 Presentation c~,
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0 City Manager's Report '~~""'" r:"J
c.) 1 c.,'J
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-",7,.: """)""--1
RECOMMENDATION: Motion to approve the "SURPLUS COMPUTER LIST" as submitted by the Warehous',9-nd a.ll6\V
for the disposal of same. r . "~7;;;
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Procurement Services requests Commission's review, evaluation and approval to dispose of the surplus property: r;
...,~
-..
EXPLANATION: Procurement Services has reviewed the "SURPLUS COMPUTER LIST" submitted by the Warehouse
Manager (see attached memo dated May 2,2005). Procurement Services concurs with the disposal of this surplus computer
equipment.
PROGRAM IMPACT: The disposal of the surplus computers will provide inventory space at the warehouse, Parts from
these computers and various components have been placed in other City computers.
AL TERNA TIVES, The" is no nthe< alternative but to dispose of this S"'Pl~ i.~nt. __
..e~~ F~ Signature ~ignature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Dominic DeMauro - Warehouse Manager
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The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
TO:
Mary Munro, Assistant to the Finance Director
Dominic DeMauro, Warehouse Manager ~
FROM:
DATE:
May 2, 2005
SUBJECT: Surplus Computers
Enclosed is a list of computers that the Warehouse has picked up for
disposal from the Police and ITS Department. These CPUs have been
stripped and various components have been placed in other City computers.
Please go to Commission for permission to dispose of these. Palm Beach
County thrift store no longer accepts computers unless they are in working
condition.
If you should have any questions, please feel free to contact me at 742-6324.
CC:
Bill Mummert- Finance Director
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The City of
Boynton Beach
C((
Finance Department
WAREHOUSE DIVISION
TO:
Mary Munro, Assistant to the Finance Director
FROM:
Dominic DeMauro, Warehouse Manager ~
DATE:
May 16, 2005
SUBJECT: Surplus Computers
Enclosed is a list of computers that the Warehouse has picked up for
disposal from the ITS Department. These monitors are unable to be sold
separately some are no longer usable. Please go to Commission for
permission to dispose of these. Palm Beach County thrift store no longer
accepts computers unless they are in working condition.
If you should have any questions, please feel free to contact me at 742-6324.
CC:
Bill Mummert- Finance Director
RECEIVED
MAY 1 7 2005
:.~~7Y~ERVICES_
Department Description Fixed Asset Number
,
ITS V700 Monitor N/A
ITS V710 Monitor N/A
ITS V710 Monitor N/A
ITS V700 Monitor NfA
ITS S700 Monitor N/A
ITS V75 Monitor N/A
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VI.-CONSENT AGENDA
ITEM I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
D April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) IE June 21,2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans )
.. )--f
NATURE OF ~ Consent Agenda D New Business ~
AGENDA ITEM D D -, ~-..
Public Hearing Legal
'..~'-
D Bids D Unfinished Business :,.J
<.:.J -..'
D Announcement D Presentation
D :!~ .' --j
City Manager's Report --'
.,
"
.. r~ C~';
RECOMMENDATION: ..... ~:::,.=;:;
-- \ ) ~~"
Accept a Change Order request to install 32 round concrete poles, 30' above grade, with our choice of stahdaiB f)
colors, anti-graffiti coating, at an additional cost not to exceed $12,987, at the Tennis Center around courts 1-1 cr
and 13-14. This will raise the cost of this project to $231,307. The original proposal received was for 32 square
concrete poles, 40' above grade at a cost of$218,320.
(,)
EXPLANATION:
. At the May 17,2005 meeting, the City Commission accepted a proposal from c.R. Dunn Inc. to install 32
square concrete poles, 30' above grade, with four 1000-watt metal halide fixtures at the Tennis Center around
courts 1-10 & 13-14. The original budget estimate for this project was $200,000. Actual cost proposal was
$215,120.
· Staff considered the installation of 40' round concrete poles, which would cost $244,494. The American
Sports Builders Association (ASBA) is a national organization for builders, designers and suppliers of
materials for tennis courts and other sports facilities. Among its responsibilities, the ASBA sets industry
standards for construction of tennis courts. As it relates to lighting fixtures, the ASBA recommends that they
be placed in such a way that players do not have to look directly toward a light behind the opposite side of
the court when serving or during normal play. For this reason, lighting fixtures located at the corner of the
courts should be on poles no less than 35'. All the new poles will be installed on the sides of the courts. not
the corners.
· Staff also considered the installation 000' round concrete poles, which would cost $231,307. The ASBA
acknowledges that new designs in high intensity discharge (HID) lights have reduced the required mounting
to approximately 20' with good uniformity, low glare, reduced amounts of spill light onto surrounding areas,
and easier maintenance than on higher poles.
· Although it is acknowledged that fixtures mounted at 40' above grade will provide better light distribution,
staff believes that 30' poles are a suitable alternative, and substituting the square poles with painted round
ones with the anti-graffiti coating will still provide a more durable product with the expected aesthetic
improvement.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT:
The round concrete poles, 30' above grade, which include our choice of standard colors and anti-graffiti coating,
will provide a more durable and aesthetic product. These poles with HID lights, installed at the sides of the court
will provide adequate lighting without interfering with players' line of sight.
FISCAL IMPACT:
C. R. Dunn, Inc. is currently under an annual contract for Recreation & Street Lighting Installation, Repair &
Maintenance with the City of West Palm Beach (Bid #01/02-48). The City is "piggy-backing" the City of West
Palm Beach's contract, which ensures we are receiving competitive prices. $305,000 is available for this project
in the Capital Improvements Program budget, account #302-4212-580-63-05. The original budget estimate for
this project was $200,000. The "change order" will increase the project cost to $231,307
ALTERNATIVES:
· Replace lighting at the Tennis Center as per the original proposal to install 32 square concrete poles, 30'
above grade, at a cost not to exceed $215,120
· Replace lighting at the Tennis Center as per the proposal to install 32 round concrete poles, with our choice
of COlor.s, .anti-graffiti coating, and 40' above grade, at a cost no;z;;::t to ex eed $244,494.
. Do not replace lights at the Tennis Center.
/-z~
'?Department Head's Signature City Manager's Signature
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
c. R. Dunn, Inc.
F;lectrical Construction
1202 Pepe Lade I Lake Wortb~ FL 33460
(~61) 58S 2155/ fu (561) 585 ]1.13
[C OOi}Jt97 EC 0001144
PROPOSA.h-.._
To: City of Boynton Beach
Alln Mr. Bob HowelJ
Polto January 27, 200S
Prl">j<ct; Congre$9 Park Tennis Facility
Wo 'Ilbm*.be A>llovrPlf pr<lp)alllu )'W OR ~ 4;l(l.nJlck.-UlJ N..~!he iIlbm.tioo III t....i. propoMJ j,.... to be at>..,.d wltlI ..",. otIlc:
JlOl'8OIt whbOllI our 'MIlton perm;loiQll. J'!'opo,../ pen.!N 10 the Mo~ plam UId tlIJtOilitwti1llt5.
Fun:Ush and install 32 square concrete poles with four 1000 watt mew halide fJXtnres
each to ligbt eight sets of double courts. The poles win be 40' aboVl: gradtl.
Tltis proposal incjud~ electrical permit, .Illld signed and sealed wine: loads 80d
photometries. Permit fee is not included. Photometries wif) be verified with [jiht meters
after installation.
The actual wanage per court wiJJ stay the same.as existing so the el(:ctrkal service will
not have to be upgraded.
We win make changes in the comroJ panel so that two courts are co:atroJled together
along with associated mftOO plates, etc.
This proposal also includes removing tbe existing above grade junction boxes -from tbe
exi$ting poles. All boxes will be flush on grade. Where the junction bc)KS and ClC:btiJlg
Hghts come up through concrete walks, we wilt remove a 2' x 2' square aOO pour new
concrete.
We will remove all flxtures and dispose. We will remove all poles thaI are not put of~
fencinglbackstop. Existing poles in the center between two courts will be (:ut offbeIow
grade. Concrete below grade will be left in plaCe and covered.
Lump Sum
$118.320.00
Note; We will make eve1Y etlOrt to protect surrounding property, however heaV)'
e-quipmem may damage or crack the sidewalks and leave ruts. We wilt not be responsibJr:
fur repair because thete is 00 way to eSlUnste potential damage. All r>ftheexisting .
backstop/fencing is to be re))lOved by others.
c. R. DUNN INC.
-~......... ~...~....... ..... ...... ..-... ......... ..,. .......... ....... ................................; ~.... ................................. ..........-.... ................... ..-..... ..- . ..-....--.-............ .......... .......".....
1202 Pope Lane IlAlke Worth, FI. 33460/ (56J}58S 2155/ filx (561) S8.5 JIn
EC 0001097 EC OOOJ 144
April II, 2005
Mr. Bob Howell
Boynton Beach Recreation and Parks
31 J J S. Congress Ave.
Boynton Beach, FJ.33425
Re: CongTe8S Park Tennis Lighting
Dear Mr. Howell,
You have asked me for more information on three issues. The purpose of this letter is to respow
to your questions.
1) Can we mount the light fixtures at 30' above grade? The G.E. lighting n:p says yes we C8h. U~e
quality oflight spread is better at 40' above grade, however- the lighting will still work. To go
with square concrete poles at 30' above grade deduct $3,200.00 from the quoted price.
2) What is the cost to use round concrete poles? To provide 30' above grade mouotingheiglli
with a spun concrete Ameron pole, your choice of standard colors and anti..gramti coating Wju!d
add $12,987.00 to the quoted price. These are top quality poles and wouJ.f be worth tbe oxpensr if
it is within budget. 1 wiU get you some literature.
3) You need a breakdown according to our contract with The City ofWe;o;t Palm Beach.
Poles and Fixtures $97,672.00
Miscenaneous Materials $29,273.00
Foreman @ $38.00/hr x 325 MS. $12,2Sc-.OO
Journeyman @ $35.00/hr x 975 hrs. $34>125.00
Apprentice@ $25.001hr. x 650 hrs $16,250.00
Crane@$125.00lhrx J20brs $15,OOO.(-l()
Bucket Truck @ SJ5.00/hr x 185 hrs $6,475.00
Auger Truck @ $35.001hr x 185 hrs $6,475.00
Pole Trailer @ $10.001hr x 80 hrs. $8QQ.QQ
Total Price $218,320.00
3,;1.0D.-
J hope this answers aU your concerns. PlellSe call me ifJ can be of further assistance.
G~G~
Charles G. Fitch. V.P.
Ma':.; 24 05 ill!
C.R.DUNN, INC.
561~E51;']J
FAX COVER SHEET
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-----
S('l1ll w. Jolly Rivers
From: Chuck Fitch
Date: May 24, 2005
-- - -
Company: C ii Y of Boynton Beach
I
l-......-... .....,.__.n. ..---.
I Office hcatinn:
i
I:" ""ml"~ 741(.033__=.
Regarding: Tenni:> Facility
Phone number:
T,'tai p,jges including cover: I
Comnu:nts:
Pd olir conversation this morning.
The decmative concrete poles with a 40' mounting height would be a $:~E, 1711.()() adder to
or; ginal quO!,;.
TIll' (01("" availahle a:> standard are: Green. l3Iack, Bronze, Brown, Grey and !~I.l!l
Cui;'! ~!I;" IksHe ilvailable
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM J.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
,..,-.\
,-
c.:>
D Administrative D Development Plans --\--,
..-...... -'
NATURE OF ~ Consent Agenda D New Business N
w
AGENDA ITEM D Public Hearing D Legal ...1._
-0 ~-.4
D Bids D Unfinished Business =~:
- "-r"CC
D Announcement D Presentation .. ...; \"11
<..n l-'-''"r.>
D City Manager's Report 1'0 ;"0
::c
RECOMMENDATION: Accept a Change Order request to use nine (9) gauge steel core fabric fencing with a six
(6) gauge vinyl finish at a cost not to exceed $14,500 at the Tennis Center around courts 1-10 and 13-14.
EXPLANATION: At the May 17,2005 meeting, the City Commission accepted a proposal from Martin Fence
Co. to remove existing chain link fence at the Tennis Center around courts 1-10 and 13-14 at a cost not to exceed
$80,010.44. The vendor recommends the use of fencing that includes a six (6) gauge vinyl finish for longer life
and less bowing after prolonged use.
PROGRAM IMPACT: Although more expensive, the vinyl finish will provide greater protection for the fencing
from naturally occurring wear and tear, which will extend the use of the product.
FISCAL IMPACT: Martin Fence Co. is currently under contract with Palm Beach County (Contract #04-127-
PR). The City is "piggy-backing" the County's contract, which ensures we are receiving competitive prices.
$305,000 is available for this project in the Capital Improvements Program budget, account #302-4212-580-63-
05. The original estimate for this project was $105,000. The "change order" will increase the cost of this project
to $95,510.44.
ALTERNATIVES: Do not accept the "change order" request and replace fencing at the Tennis Center as per
original propo:?---.z /~ tld;p ~ Q ,
Department Head's Signature- City Manager's Signature
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC
05/19/28[15 i :,r,
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VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) [8] June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20,2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [8] Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Authorize the use of Community Investment Funds from Vice Mayor McCray to the MDM
Foundation Trip to Orlando, Florida.
EXPLANATION: Commission approval is requested for allocation of $2,000 to the MDM Foundation Trip to Orlando to
provide a day at Universal Studios, a day at Disney, breakfast with the Disney characters and accommodations for 32
youngsters. Funds will be disbursed on a reimbursable basis.
The following criteria must be followed:
. MDM Foundation must provide the number of students attending from the City of Boynton Beach along with their
names and addresses.
PROGRAM IMPACT: Allocation of funds will assist in accomplishing this trip for the children from Boynton Beach.
FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commissioner has $10,000 in Community
Investment funds to allocate, subject to Commission approval.
AL TEZ"~authO';ZO the "quested expeud;tu".
Department Head's Signature
~
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: May 25,2005
Requested by Mayor/Commissioner: Vice Mayor McCray
Amount Requested: $2,000
Recipient/Payee: MDM Foundation Trip to Orlando
Description of project, program, or activity to be funded: Provides for a day at Universal
Studios, a day at Disney, breakfast with the Disney characters and accommodations for 32
youngsters.
Dated:S;/; 0 j' By: l-1 /h/~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $7,000 has been used to date by the requesting Member, leaving a
balance of available funds of $3,000. This request would bring the available amount down
to $1,000.
Accordingly:
)Q. There are funds available as request d
D There are insufficient funds available s requested.
S J.J.(, los
/ I
Dated:
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
a'"" The proposed expenditure of funds will not result in improvement to private
property;
D The recipient/payee is a resident of the City of Boynton Beach or is a legal
entity with offices in the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
IIit' Proper safeguards are being implemented to assure that the public funds being
appropriated will be used for the stated purpose.
JJ' MDM Foundation must provide number of students attending from the City of
Boynton Beach along with their names and addresses
~ Disbursement of funds will be on a~
S /:2~ loc By:
City Manager "
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\McCray - MDM Foundation.doc, 5/25/2005
Ma~ 24 2005 2:52PM
HP LASER JET 3330 p.2
ALCEE L. HASTINGS
2 ')'1:[) CONGRIi,seONAL DISTR;CT
FLOF,I,OA
RULES COMMITTEE
PERMANENT SEL.ECT COMMITTEE
ON INTELLIGENCE
I
I
(tnngrtllll of 14t 1Initeb I &tat.ell
ijUUDt l1f Ittprellentat~.t!i
llUa!il1iugtnu, DOL ;:!051510923
May 24, 2005 I
FLORIDA DELEGATION
VICE CHA,IRMAN
UNITED STATES
HELSINKI COMMISSICf'I
SENIOR DE!I/10CRATIC WHIP
Hon. Mack McCray
806 NW 4th Street
Boynton Beach, FL 33435
PLEASE RESPOND -0:
o 2235 R'Y8UR~ BULON"
WASH,OIOTON, DC .O~1 5.0~23
T."'''''ONE: (2021225.1313
FA'<: 1202) 226.1171
o 1701 W. ::>..",,"," PA~K Bou..'....,
SUIrE 200
F', L..<uaE~O.CE. FL 33311
Toeo."o..: lU 4\ 733 2800
rA": 1915.) 735.9444
o 57;6 COftPORATE 'IV....,
SUITE 208
WUT PALM lluo.... FL 33407
r,lEOHoNE: (5&1 I MI4-05&5
FA.: 166',; 6S4..J€13
www .lleee~ estlng. ,haul..go 1,/
Dear Commissioner McClay:
It's that time again. time for Congressman Aleee Hastings', Mikel's and Dona's annaal MOM
FouIldation trip to Orlando, FIO. rida. As you know, we provi~. a day at Universal Studios, a day
at Disney, breakfast with the Disney characters and acconuno tions for 32 youngsters. This
year's trip will be from Saturday, June 4 through Tuesday, Jun 7. Many ofthe children who
will attend this year's event reside in the Boynton Beach area. i
I
I know we can count on your support. We need you to make ~ contribution in the amount of
$3,000. Please make your check payable to MDM FoundatioIlj. me., and mail it to 4781 N.
Congress Avenue, #109, Boynton Beach. FL 33426. Please b€:t sure that we receive your check
by Friday, May 27. We are very grateful for your support. It ~11 really help us make a
difference in the lives of these children.
MJ:lg
Sincerely,
~4~
Mikel D. Jones, ijsq.
District Representative
PRINTED ON RECYCLED P,","€R
~,.
Division of Corporations
Page 1 of2
Florida Non Profit
MDM FOUNDATION INC.
f......'.....__...............~-.-~.
PRINCIPAL ADDRESS
4781 NCONGRESSAVE#109
BOYNTON BCH FL 33426
MAILING ADDRESS
4781 N CONGRESS AVE #109
BOYNTON BCH FL 33426
Document Number
N02000006902
FEI Number
141879428
Date Filed
09/1012002
State
FL
Status
ACTIVE
Effective Date
09/09/2002
Registered Agent
Name & Address
CORPORATE CREA TrONS NETWORK INe.
941 FOURTH ST
MIAMI BCH FL 33139
Officer/Director Detail
I Name & Address II Title I
NICHOLS-JONES, DONA P c:J
4781 NO. CONGRESS AVE. #109
BOYNTON BEACH FL 33426
JONES, MIKEL G
4781 NO. CONGRESS AVE #109
BOYNTON BEACH FL 33426
NICHOLS, PAULETTE c:J
4781 NO. CONGRESS AVE. #109
BOYNTON BEACH FL 33426
http://www .sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n1 =N02000006902&n2=NAMFW... 5/24/2005
Division of Corporations
Page 2 of2
I Report Year II Filed Date I
I 2003 II 05/01/2003 I
I 2004 II 05/01/2004 I
I 2005 II 05/01/2005 I
Annual Reports
No Events
NoN ame History Information
I>ocurnentIrnages
Listed below are the images available for this filing.
05/01/2005 -- ANNUAL REPORT
Q5/01/2004 -- ANNUAL REPORT
05/01/2003 -~ ANNUAL REPORT
09/10/2002 -- Domestic Non-Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n 1 =N02000006902&n2=NAMFW... 5/2412005
,2005 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# N02000006902
Entity Name: MOM FOUNDATION INC.
FILED
May 01, 2005
Secrefary of State
Current Principal Place of Business:
New Principal Place of Business:
4781 N CONGRESS AVE #109
BOYNTON BCH, FL 33426
Current Mailing Address:
New Mailing Address:
4781 N CONGRESS AVE #109
BOYNTON BCH, FL 33426
FEI Number: 14-1879428 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( )
In accordance with s. 607.193(2)(b), F.S., the corporation did not receive the prior notice.
Name and Address of Current Registered Agent: Name and Address of New Registered Agent:
CORPORATE CREATIONS NETWORK INC.
941 FOURTH ST
MIAMI BCH, FL 33139 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE:
Date
Electronic Signature of Registered Agent
OFFICERS AND DIRECTORS:
Tille:
Name:
Address:
City-St-Zip:
Tille:
Name:
Address:
City-St-Zip:
Title:
Name:
Address:
City-St-Zip:
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
DP ( ) Delete
NICHOLS-JONES, DONA P
4781 NO. CONGRESS AVE. #109
BOYNTON BEACH, Fl 33426
Title:
Name:
Address:
City-St-Zip:
( ) Change ( ) Addition
DVP ( ) Delete
JONES, MIKEL
4781 NO. CONGRESS AVE #109
BOYNTON BEACH, Fl 33426
Title:
Name:
Address:
City-St-Zi p:
( ) Change ( ) Addition
OS ( ) Delete
NICHOLS, PAULETTE
4781 NO. CONGRESS AVE. #109
BOYNTON BEACH, Fl 33426
Title:
Name:
Address:
City-St-Zip:
( ) Change ( ) Addition
I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Section 119.07(3)(i),
Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that
my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears
above, or on an attachment with an address, with all other like empowered.
P
05/01/2005
Date
SIGNATURE: DONA NICHOLS-JONES
Electronic Signature of Signing Officer or Director
VI.-CONSENT AGENDA
ITEM L.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) [8J June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Authorize the use of Community Investment Funds from Commissioner Ensler to The Service
Corps of Retired Executives, known as SCORE.
EXPLANATION: Commission approval is requested for allocation of$I,OOO to the organization known as SCORE for the
purpose of inaugurating an Adult Education Program at Boynton Beach Community High School. Their focus is to provide
information and know-how to those residents interested in starting and managing their own business. The expectation is to
provide scholarships to 40 students. The following criteria must be followed:
. SCORE must disclose the name and address of the residents receiving the scholarship funds.
. SCORE must disclose the process by which the resident was selected for the scholarship funds.
PROGRAM IMPACT: Allocation of funds will assist in supplying scholarships to eligible residents. The City Commission
needs to decide on one of the following options:
. Option One - Funds available on reimbursement basis
. Option Two - Provide funds in one lump sum payment
FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commissioner has $10,000 in Community
Investment funds to allocate, subject to Commission approval.
Decline to authorize the requested expenditure.
~
City Manager's Signature
Department Head's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: May 19,2005
Requested by Mayor/Commissioner: Commissioner Bob Ensler
Amount Requested: $1,000
Recipient/Payee: SCORE
Description of project, program, or activity to be funded: Inauguration of Adult Education
Program at Boynton Beach Community High School. Focus is to provide information &
know-how to those interested in starting and managing their own business. Expectation is to
provide scholarships to 40 students.
Dated: S - /Yc05 By: nL/h~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $3,500 has been used to date by the requesting Member, leaving a
balance of available funds of $6,500. This request would bring the available amount down
to $ 5,500.
Accordingly:
'}( There are funds available as request
o There are insufficient funds available
Dated: .5 b.iPID ~ By:
I I
Part 111- Eligibility Evaluation (to be completed by City Manager)
~ The proposed expenditure of funds will not result in improvement to private
property;
~ The recipient/payee is a resident of the City of Boynton Beach or is a legal
entity with offices in the City of Boynton Beach;
~ The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
cY' Proper safeguards are being implemented to assure that the public funds being
appropriated will be used for the stated purpose.
(3'" SCORE must disclose the name and address of the residents receiving the
scholarship funds.
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ensler - SCORE.doc, 5/24/2005
I!I"'"" SCORE must disclose the process by which the resident was selected for the
scholarship funds.
Dated:
s\~c;.\O\
By:
J2r~
City Manager
S :\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ensler - SCORE. doc, 5/24/2005
SCORE@
Counselors to America s Small Business
Tel: (561) 981-5180
Fax: (561) 981-5391
www.score-chapter412.org
mail@score-chapter412.org
South Palm Beach Score Chapter 412 . 7999 North Federal Highway. Suite 201 . Boca Raton, Florida 33487
May 17,2000
Mayor Jerry Taylor
Vice Mayor Mark McCray
Commisioner Mike Ferguson
Commisioner Carl McKoy
Commisioner Bob Ensler
Gentlemen,
The Service Corps of Retired Executives, known as SCORE is sanctioned by the Small
Business Association of the Federal Government. There are over 400 chapters nation
wide each serving specific communities. Chapter 412 serves those who reside in
Boynton Beach. Our focus is to provide information and know-how to those interested in
starting and managing their own business. We especially desire to direct our efforts to
the "minority residents (African American, people of color from the Islands, Hispanics,
etc.)" who are interested in starting such an endeavor. Chapter 412 is inaugurating a
program at the Boynton Beach Community High School in their "Adult Education"
program starting in September, 2000 and runs 2 hours per week, on Mondays, for
thirteen weeks. We have made provision for a maximwn of forty students. The teachers
are volunteers from SCORE who are expert in particular areas (Marketing, Finance,
Minority Assistance, Business Plans, Internet use, Insurance, Licensing, Franchising,
etc). This program is further supported by "one-on-one" follow-up meetings with our
counselors for further advice for as long as the client requires help. The cost to
underwrite this program is a modest $3200 and it is our expectation that Boynton Beach
will underwrite this cost so that these 40 students can receive scholarships. If we are
successful with this approach we will seek to interest others in your forward thinking and
participation.
As the leader of this project I hope that this subject will be on your agenda at the June 7,
2000 meeting (at 6:30PM) at which time I will be available to answer any questions. We
here at SCORE look forward to working with you on this project.
Yours truly,
Paul Margulies
Project Leader
59 Cambridge Lane
Boynton Beach, Fl. 33436
Our Mission: Provide professional guidance and information, accessible to all, in order to
maximize the success of existing and emerging small businesses in South Palm Beach County
Sponsored by the u.s. Small Business Association
Affiliated with Lynn University and South Florida Manufacturers Association
CITY OF BOYNTON BEACH
MEMORANDUM
TO:
Kurt Bressner, City Manager J
David N. To1ces, Assistant City AttomeV
FROM:
DATE:
May 20, 2005
RE:
Donation to SCORE
It appears that SCORE meets the criteria as provided in Resolution R03-137. SCORE
indicates that the cost to underwrite the program is $3,200.00. We would recommend that
SCORE provide information delineating as to how funds received from the City would be
used. The Commission can then determine what appropriate safeguards should be put in place
with respect to the use of the funds.
DNT /lms
S:\CA\MEMORANDUM\Transmittal - to KB (SCORE).doc
VI.-CONSENT AGENDA
ITEM M.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 AprilS, 2005
0 April 19,2005
0 May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
o June 7, 2005
[8J June 21, 2005
o
D
May 16,2005 (Noon)
April 4,2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
[8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
July 5, 2005 June 20, 2005 (Noon)
c _
July 19,2005 July 5,2005 (Noon) ')-~f
-::;.. ...j-<
~'. ;,. .- -,' ,
.1".J1lI
. "q
0 Development Plans c..,.)
0 New Business ... ~'._-
~ .,-1
0 Legal C)
.r:::- -~-J :..!:
.'''1
0 Unfinished Business " ." co
U1 '-Pl
CJ1 (-;-;:.
0 Presentation ; .., c:)
.....
May 2, 2005 (Noon)
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
May 2005.
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which
states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a
purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager".
PROGRAM IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, Assistant City Manager, and City Manager.
FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization as defmed in our City's Strategic Business Focus. This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be
made.
AL TERNA TIVES: Revert back to the old bid threshold of $1 0,000.00.
Financial Services/Procurement
~~~n
Assistant to he Director of Financial Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED MAY 2005
1. Vendor: Frederico, Inc.
Requesting Department:
Development/Community Impr
Purchase Amount:
Contact Person:
$ 16,270.00
Ocatvia Sherrod
Brief Description of Purchase:
Demolish sub-standard building to make room for 3 - 5 new single family homes.
Source for Purchase:
Piggyback - School Bd of PB Co
Fund Source: 122-2418-554-49-61
Housing Prog-lnfill Constr
Purchase Amount: $ 13,070.00
Contact Person: Peter Wallace
2. Vendor: Pictometry International Corp.
Requesting Department: I.T.S./G.I.S.
Brief Description of Purchase:
Oblique aerial images, digitally collected. Imagery area flown to include City limits, Fire/Police zones, Utility service area,
along with the area sectors surrounding our City's Golf Course.
Source for Purchase:
Sole Source
Fund Source: 001-1511-513-49-17;
405-5000-590-96-02;
405-5000-590-96-04;
405-5000-590-96-09
GIS & Utilities
The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56,
and are now being presented to :1mmiSSion as required.
City Manager Approval: ~t'~
Date: ~-\ 0-0,"
Presented to Commission for information on June 21, 2005.
1 of 1
VI.-CONSENT AGENDA
ITEM N.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
D April 19,2005 April 4, 2005 (Noon) [gJ June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
. .
, '.~-' --4
- --I .--1.-;....
D Administrative D Development Plans ::.C.'.'
.:~.:. :;:; -). '1
NATURE OF [gJ Consent Agenda D New Business -<
~ OJ
AGENDA ITEM D D f'~~ ---; c:-)
Public Hearing Legal U1 -' _...:
~'''''-~
D Bids D UnfInished Business ;po ..; --i
:1t (:)
D Announcement D Presentation --..>'
6 .'.I~-
~"-qCO
D City Manager's Report -rrl
cJ::l>
c....:; ; 110
==
RECOMMENDATION:
Return cash bond of$31,454.50 to Southern Homes of Palm Beach III for the project known as Murano Bay (Bldg. # 4).
EXPLANATION:
On December 16, 2004, the Building Division sent to the Finance Department a cash bond of $31,454.50 for the completion
of the permitted work for the project known as Murano Bay (Bldg. # 4) located at 4000 Murano Bay Drive. The work has
been completed and the CertifIcate of Occupancy was issued on May 18, 2005.
PROGRAM IMP ACT: None
FISCAL IMP ACT: None
Development Department
Department Name
Quintus L.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
BOYNTON BEACH
561-742-0211
DAVIE
954.423-4221
MIRAMAR
305.829.7250
HOMESTEAD
305.247-5677
NORTH MIAMI BEACH
305-940-4028
NAPLES!FT.MYERS
866-330-0AKS
239-992-8777
MELBOURNE
321-723-9595
CORPORATE HEADQUARTERS
12900 SW 1 28th Street
Miami, FL 33186
305-971-0102
_._.~,
&f-fo~
-t~ e'Or
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~jt~05
May 20, 2005
Mr. Don Johnson
Building Official
City of Boynton Beach
100 E Boynton Beach Blvd
Boynton Beach, FL 33425
RE: Murano Bay Surety
Dear Mr. Johnson:
z,u J 0/-
At this time I am requesting that the City of Boynton Beach return
the cash surety posted by Southern Homes for the above
referenced project.
Southern Homes is requesting that the city return the $31,454.50
that was posted in December of 2004.
If you have any questions, please calf me at 561-723-4050. Thank
you fo our assistance in this matter.
EXHIBIT "A"
Southern Homes, 3103 S Federal Hwy, Boynton Beach, FL 33435
561-742-0211 phone . 561-742-3224 fax
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
o F
OCCUPANCY
PER MAN E N T
Issue Date
5/18/05
Parcel Number . .
Property Address
08-43-45-22-06-000-0670
4000 MURANO BAY DR
BOYNTON BEACH FL 33435
Subdivision Name
Legal Description
COQUINA COVE SEC 2 (LESS E 30
FT)
PLANNED ZONED DISTRICT
Property Zoning
Owner . . .
SOUTHERN HOMES OF PALM BEACH
Contractor
SOUTHERN CONSTRUCTION & DESIGN
305 971-0102
Application number 04-00000377 000 000
Description of Work TOWNHOUSE
Construction type . TYPE IV/UNPROTECTED
Occupancy type RESIDENTIAL
Flood Zone . . . . A-5 FLOOD ZONE
Special conditions
BUILDING #4
FINISH FLOOR ELEVATION 11.12 10.6 FLOOD ZONE C
MAP/PANEL 120196-000
Approved
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "B"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 04-288
TO: Bill Mummert, Director of Finance
FROM: Don Johnson, Building Official ~
DATE: December 16, 2004
SUBJECT: CASH BOND - MURANO BAY (Bldg. # 4) - 4000 MURANO BAY DR.
Attached is a Cashier's Check for $31,454.50 from Southern Homes of Palm Beach Ill. This is a cash
surety for Murano Bay (Bldg. # 4) and is to be held until all outstanding issues of their temporary
Certificate of Occupancy are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from Antonio Quevedo and check
XC: Timothy K. Large, Building Code Administrator
Permit File # 04-377
EXHIBIT "C"
S:\Development\BUILDING\Memos\Cash Bonds - 2004\Murano Bay-Bldg. 4 04-377.doc
III .08 251..111 1:0 2 20008 b81:
b8000 1..08 :'8 I.. ? 11 2111
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~---~~------------------------~---------------~-----------------------------
RS
CITY OF BOYNTON BEACH
Boynton Beach, Florida
38803
20m
FOR
$
I----------~------------------------------------------_____________________~_____
EXHIBIT "D"
K&B
INC
KEITH & BALLBE, INC.
Consulting Engineers
2201 West Prospect Road, Suite 100
Fort Lauderdale, Florida 33309
Phone (954) 489-9801 Fax (954) 489-9802
December 15, 2004
Mr. Don Johnson, C.B.O., Building Official
CITY OF BOYNTON BEACH
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: MURANO BAY
Engineer's Project Number: 21-03-23
Dear Mr. Johnson:
Pursuantto the City of Boynton Beach requirements, the following is a summary of the final "punch-
list" items on the above referenced project. The associated costs have been included for bonding
purposes.
1. Landscaping ($5,000.00)
2. Repair and install fence along Shore Drive ($5,000.00)
3. Relocate F.P.L. transformer pad from unit No.20 ($11,995.00)
4. Prepare and submit final as-built drawings ($2,000.00)
5. Raise three existing sewer clean-outs ($500.00)
6. Submit density test reports ($500.00)
7. Complete and obtain approval from F.D.O.T. ($2,000.00)
8. Complete pavement markings ($500.00)
9. Repair broken curb ($1,100.00)
Based on the above mentioned items, the 110% bond amount will be $31,454.50 for this project.
Thank you for your assistance in this matter. If you have any questions or require additional
information, please do not hesitate to call our office.
E,INC.
uevedo
Registered Engineer Number 59471
State of Florida
xc:
Hector Garcia, Southern Homes, Inc.
Tom Pagnotta, Southern Homes, Inc.
EXHIBIT "E"
G:\PRomCTS\210323 - Murano\correspondencelDon Johnson.wpd
VI.-CONSENT AGENDA
ITEM O.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) r8] June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
I -....;
0 Administrative 0 Development Plans ~.~ ; J -<
_."'~
0 " ;.0. (~~'\
NATURE OF r8] Consent Agenda New Business c~. ~
-",'
AGENDA ITEM 0 -, f-\'
0 Public Hearing Legal f'-.,) .,""-.1
c.n ~,.::)
0 Bids 0 Unfmished Business .~ -<
.,.--
:bt )-~
0 0 -.',;;'-
Announcement Presentation -..... c.;)
-'.....
C3 ~-
0 City Manager's Report c'-
.V
':-) rT1
.... :..>
l"rlC'")
::r:
RECOMMENDATION:
Return cash bond of $66,562.1 0 to Mouw Associates, Inc. for the project known as the Bethesda Hospital Parking Garage.
EXPLANATION:
On March 25, 2005, the Building Division sent to the Finance Department a cash bond of $66,562.10 for the completion of
the pennitted work for the project known as the Bethesda Hospital Parking Garage located at 2815 S. Seacrest Boulevard.
The work has been completed and the Certificate of Occupancy was issued on May 19, 2005.
PROGRAM IMPACT: None
FISCAL IMP ACT: None
ALTERNATIVES: No
'I
~
City M):" ::~,",eJ
L~4J~J-
City Attorney / Finance / Human Resources
Quintus L.
Development Department
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
D0~ z
V~ fi;
(l,D/) ~ rjJroS
DATE:
May 20,2005
ill IE MAY 2 0 ZOOS 00
BUILDING
TO:
Don Johnson
City of Boynton Beach
FROM:
Gary Cooper, Project Manager
RE:
Bethesda Memorial Hospital Parking Garage
2815 So. Seacrest Blvd., Boynton Beach
Please be advised that we have now obtained our Certificate of Occupancy
for the above-mentioned project. We would now like to have our deposit
check that was issued to the City of Boynton Beach, in the amount of
$66,562.10, by means of a Bank of America Cashier's Check dated
3/24/05, returned to us.
Your prompt response to this request is appreciated.
Thank you.
anager
EXHIBIT "A"
.
General Contractors
409 NE 3rd Street. Delray Beach, Florida 33483 · Telephone (561) 276-9640 . FAX (561) 265-3886
",
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
OCCUPANCY
PER MAN E N T
Issue Date
5/19/05
Parcel Number . .
Property Address
08-43-45-33-01-001-0030
2815 S SEACREST BLVD
BOYNTON BEACH FL 33435
MELEAR PUD
SEACREST HILLS SUB PB25P74
LTS 3 & 4 BLK 1
SINGLE FAMILY (5.40)
Subdivision Name
Legal Description
Property Zoning
Owner . . .
BETHESDA MEMORIAL HOSPITAL
Contractor
MOUW ASSOCIATES INC.
561 276-9640
Approved
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
BETHESDA MEMORIAL HOSPITAL PARKING GARAGE
FINISH FLOOR ELEVATION 27.1 LAG 26.5 FLOOD ZONE B
MAP/PANEL 120196-0003 C 9/30/82
BUi~~i
04-00000629 000 000
GARAGE
TYPE VI/UNPROTECTED
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "B"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-049
TO: Bill Mummert, Director of Financial Services
FROM: Don Johnson, Building Official ~9
DATE: March 25,2005
SUBJECT: CASH BOND - BETHESDA HOSPITAL PARKING GARAGE
2815 S. SEACREST BL YD.
Attached is a Cashier's Check for $66,562.10 from Mouw Associates. This is a cash surety for the
Bethesda Hospital Parking Garage and is to be held until all outstanding issues of their temporary
Certificate of Occupancy are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letters from Tamara West and check
XC: Timothy K. Large, Building Code Administrator
Permit File # 04-629
EXHIBIT "C"
S:\Development\BUILDING\Memos\Cash Bonds - 2005\Bethesda Hosp Parking Garage 04-629.doc
Bankof America. .w
Cashier's Check
No.3987231
III 3 11 8 ? 2 3 . III I:.. I.. 0 0 0 0 . 111: 00. b I.. .00 20 b 2 III
l-----------------~____~___
-----------------------------------~-------------------
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~,~~;:\li:~...-~~~;;;;,;.,{~::;:~.k.'~":~~t,}~"tl>i"~,::JL&.:;..,~/-h~~~~,,<i~iL~:~~~j}~,;.~;$(.;:~~~:.:-~~IO.:.::~'~"'~.,;,~-:~".lLti;',.;,~.:S.i_~~j~t~,~i..li;l:.;'4-,i~~(';~~oj\/di~~.-;~'--~ '::f"i.;,~~:;1.;~'~\~i<tli,{&j~-r~7i,:.';;illw1;-.,;i;;;1i;~~\I~,,,.!i;~J}l~'l-:t;<;i~
CITY OF BOYNTON BEACH
Boynton Beach, Florida
39040
2005
RS
.
EXHIBIT "D"
Kilday & Associates
Landscape Architects / Planners
1"551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 . Fax (561) 689-2592
E-Mail: info@kildayinc.com
MEMORANDUM
Date: March 24, 2005
To:
Ken Mason
Sunflower Landscaping
Fax - 561-495-1746
From:
Tamara West
Subject:
Bethesda Hospital Parking Structure
Landscape Installation
~. vJJ
3;&'1,6
Our File:
352.22
Pursuant to my phone call with Mr. Kevin Hallahan, City Forester for the City of Boynton
Beach, FL, he has advised me on how to quantify the deficient plant material for the
purposes of obtaining a bond for the outstanding landscape issues at the above referenced
project. It is my understanding you will assign a cost to these quantities.
1. 16 ~ Cattley Guava do not meet the specified height of 12'. The installed height is
an average of 9' .
12'-9' = 3'
3' x 16 trees = 48 trunk feet
Therefore, it would take 5 - 9' ht. trees to mitigate for the lack of installed trees
meeting the minimum specified height of 12'.
2. The slick trunk Sabal Palms instead of the booted Sabal Palms are acceptable.
will forward in writing to Mr. Hallahan a memo reflecting this.
3. 12 - Washingtonian Palms were not installed on the north side of the parking
structure due to interference with canopies of the existing Live Oak trees. Pursuant
to a meeting in the field with you, Mr. Hallahan and myself. It is my understanding
that Mr. Hallahan would agree to installing 1 -10' ht. multi-trunk Silver Buttonwood
in the location of the Washingtonia Palms. However, a cost must be addressed to
account for not planting the Washingtonia Palms. That cost will be determined by
estimating the cost of 12 - 35' ht. Washingtonias and subtracting the cost of
4 - 10' ht. multi-trunk Silver Buttonwoods.
4. 639- Seagrape do not meet the specified height of 30". The installed height is an
EXHIBIT "E"
average of 24".
30" - 24" = 6"
6" x 639 shrubs = 3,834 " shrub height
Therefore, it would take 160 - 24" ht. Seagrape to mitigate for the smaller height
shrubs that have been installed.
5. 365 - Cocoplum do not meet the specified height of 24". The installed height is an
average of 20".
24" - 20" = 4"
4" x 365 shrubs = 1 ,460 " shrub height
Therefore, it would take 73 - 20" ht. Cocoplum to mitigate for the smaller height
shrubs that have been installed.
6. 90 - Firebush do not meet the specified height of 30". The installed height is an
average of 28".
30" - 28" = 2"
2" x 90 shrubs = 180" shrub height
Therefore, it would take 6 - 28" ht. Firebush to mitigate for the smaller height
shrubs that have been installed.
7. 353 - Beautyberry do not meet the specified height of 24". The installed height is
an average of 20".
24"_20"=4"
4" x 353 shrubs = 1 ,412 " shrub height
Therefore, it would take 71 - 20" ht. Beautyberry to mitigate for the smaller height
shrubs that have been installed.
Issues 8 - 10 are being addressed by Sunflower pursuant to the letter dated March 24,
2005.
11. 182 - min. 12' ht. Areca Palms need to be covered in the bond.
If you have any questions, please feel free to contact me at 561-689-5522
Cc: Gary Cooper; fax #(561) 265-3886
H;Client/352.22 /CorrespondencelLandscapeBond _3-24-05 .doc
2
EXHIBIT "E"
..JU.L""t,;J.......L,...o
PAGE 134/134
Bethesda
Parking Structure
Bond Amounts per Item
OTY DESC SIZE PRICE TOTAL
Item" 1
5 Guava 9' 180.00 900.00
Item" 2
N/A
Item'" 3
12 Washingtonia 35' 1,075.00 12,900.00
Item" 4
160 Seagrape #3 10.00 1,600.00
Item t# 5
73 Cocoplum #3 7.00 511.00
Item" 6
6 Flrebush #7 35.00 210.00
Item # .,
71 Bueatyberry #3 10.00 710.00
Item #11
182 Areca 12' 240.00 43,680.00
TOTAL
. 60.511.00
EXHIBIT "E"
Kilday & Associates
Landscape Architects I Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 . Fax (561) 689-2592
E-Mail: info@kildayinc.com
MEMORANDUM
Date: March 24,2005
To:
Mr. Kevin Hallahan
City Forester
City of Boynton Beach, FL
Fax-(561) 742-6259
From:
Tamara West
Subject:
Bethesda Hospital Parking Structure
Landscape Installation
Our File:
352.22
Pursuant to our phone call of today and site visit on January 20, 2005 at the above
referenced project, please know The slick trunk Sabal Palms instead of the booted Sabal
Palms are acceptable at the above referenced office. Also, 12 - 35' hI. Washingtonian
Palms were not installed on the north side of the parking structure due to interference with
canopies of the existing Live Oak trees. It is my understanding that you would agree to a
allow 1 - min. 10' hI. multi-trunk Silver Buttonwood to be installed in the location of each of
the Washingtonia Palm clusters for a total of 4 - Silver Buttonwood trees. The remaining
8 - 35' hI. Washingtonia Palms could be placed elsewhere on site or an acceptable
substitution would be considered.
If my understanding of any of the above is incorrect please notify me as soon as possible
If you have any questions, please feel free to contact me at 561-689-5522
Cc: Ken Mason; fax #(561) 495-1746
Gary Cooper; fax #(561) 265-3886
H:Client/352.22 /Correspondence/Hallahan _ 3-24-05.doc
~Whf
3" ~ '(--oc:>
EXHIBIT "F"
VI.-CONSENT AGENDA
ITEM P.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19,2005 April 4, 2005 (Noon) [gJ June 21,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [gJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Return cash bond of $4,840.00 to Marolf Construction, Inc. for the project known as Steinmart.
'j
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EXPLANATION:
On April 15, 2005, the Building Division sent to the Finance Department a cash bond of $4,840.00 for the completion of the
permitted work for the project known as Steinmart located at 334 N. Congress Avenue. The work has been completed and the
Certificate of Occupancy was issued on May 12, 2005.
PROGRAM IMPACT: None
FISCAL IMPACT: None
Development Department
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C.l'l'Y OF BOYNTON BEACa
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
o F
OCCUPANCY
PERMANENT
Issue Date
5/12/05
Parcel Number . .
Property Address
08-43-45-20-01-334-0570
334 N CONGRESS AVE
BOYNTON BEACH FL 33426
Subdivision Name
Legal Description
Property Zoning .
COMMUNITY COMMERCIAL
Owner . . .
E & A ACQUISITION TWO LTD PTNR
RESTORATION TECHNOLOGIES OF
954 485-8600
Contractor
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
STEINMART
04-00005533 000 000
INTERIOR RENOVATIONS
Approved
. . .
~h
Idin fficial
UNLESS SIGNED BY BUILDING OFFICIAL
. . . .
VOID
EXHIBIT "A"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-071
TO: Bill Mummert, Director ofPinance
FROM: Don Johnson, Building OfJicial~
DATE: April 15, 2005
SUBJECT: CASH BOND - STEINMART - 334 N. CONGRESS AVENUE
Attached are Cashier's Checks in the amount of $191,840.00 from Oakwood Square Shopping Center and
$4,840.00 from Robert Marolf. This is a cash surety for Steinmart and is to be held until all outstanding
issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from William C. Gryder, Jr. and Bill D'Onofrio, AIA and checks
xc: Timothy K. Large, Building Code Administrator
Permit File # 04-5533
EXHIBIT "B"
S:\DevelopmentIBUILDING\Memos\Cash Bonds - 2005\Steinmart 04-5533.doc
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:.I Boynton Beach, Florida' ".
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PAY TO THE
ORDER OF
ISSUING BRANCH6055623-CHARLOTTE -MINT~~8.t)729 4,
DATE APRIL 14, 2005
C':, '~~_;_i:__"\:~:,~ >
BB&T
ISSUED I!Y: TRAVI;:LERSEXPflESSCOMPAN'f. INC.
. .. .. ".Q: I!OX lI476;l\11folt.!l;/\POLls, t.lN 5~eo
DRAWEE: BOSTON SAFE OEPOSlT & TRUST co., BOSTON, MASSAcHUSETTS
@e~T. .MARO~
· THIS DOCUMBNT HAS AN ARTIFICIAL WATERMARK PRINTED ON TIiE BACK. TIiE PRONT OF '!HE DOCUMENT HAS A MICRO-PRINT SIGNATIlRE UNE AND BORDER. ABSENCIl OF THESE FEATUREs WILL INDICATE A COPY. I
1- -------- --" _ __ _ _ __ _ _ _ __ _ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ ___ __ _ _ __ _ ___ _ _ _ ____ _ _ __.________.__._,:,
'i CITY OF BOYNTON BEACH 39100 .j
: Boynton Beach, Florida
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111778072'11.,111 1:0 ~ ~OO 70'121:0 ~bOO ~Ol.. 5 ~0'12111
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EXHIBIT "C"
04/14/2005 16:45 7045639636
MAROlF
PAGE 02/82
'.
Marolf Construction, . Inc.
General Contractors '
April 14,2005
MY-. Don Johnson, CBO
Building Standards
P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Stein Mart~Pennit Number: 045533
Mr. Johnson,
. .
This Jetter is to confirm. that we are hereby '~otUed. by Frank H. Austin; Architect to.
inspect and establish th,e doU~ value 00 any work found to be incomplete on the aooYe
referenCed project. The value of incomplete work to be secured by a Cash Surety in' tb~
amount equal to 110010 ofincomplere work is as follows:
1. Existing mechanical vents and unused mechanical equipment to be removed .
from the roof area:
. Cost: $500.00 x 1100.10
S550.00
2. Certified. Test and ' Balance ofHV A V system:
CoSt: $3,900.00 x 1100.10
$4~290.00
Total Cas,h Surety Amount: $4,~O'.OO
Thank yo~ for your time and effort in helping us complete this project. Let us know if
you need additiQDal information.
ResP~fu~IY ~ubmitted~ . ~().
~~~
William C. Ox,der, Jr.
,Marolf ConstnIctioD; Inc.
rank H. Austin; Architect
DIte: 4f<l}Ii
S015 Idlewild Road North, Cha,rlotte, North Carolina 2822'
Phone 7041563-7410 Fax 7041563.9636
EXHIBIT "D"
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EDENS & AVANT
----
----...... ~
WI
PHILLIPS
April 14. 2005
-- -.-"'----
PARTNERSHIP
Dan Johnsat1, ao
Building Offidal
City of Bo)'llt'i'n Blltaeh
BlIllcfins DivisIon
P.O, Box 310 BoYl'lton Beach
BOynton Beac:h. Fl3342s...cr310
~ no :5941616
too 770 394 1:514
Re: Oakwood 5qQ..-e Shopplna Center
Steinmar Site IrlSpection / Surety Bond
Project 10410506
Mr Johnsonj
We have revfewed the exterIor canopY ,..".,.,.tlon on the Oakwood Square SI1opl'ln8.
Center on Aprlll4. 2ooS. It I. estimated that the contractor, sharpe ~nstructton Ine. I~
60% complete with the tota.l work to be done on th. Steln-mart Facade.
With a total construction Cost of $436,000 the work that remains to bE completed fs
valued at S174,400, t"l2~fore the Surety Bond at 110% wfll be $191,840
PI.... let us know If you need any additional Inl'txmatlon. W. apPreclat. your help on
this iSSue. .
For Phlllrps Partnership
Bill D'OnofrIo, AlA, NCARB
f!oJe~ Manager
~~
cc:: ne 9
EXHIBIT "E"
PAGE 62/02
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VI.-CONSENT AGENDA
ITEM Q.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
D April 19,2005 April 4, 2005 (Noon) [gJ June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gJ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION:
Return cash bond of$191,840.00 to Edens & Avant Investments, L.P. for the project known as Steinmart.
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EXPLANATION:
On April 15,2005, the Building Division sent to the Finance Department a cash bond of $191,840.00 for the completion of
the permitted work for the project known as Steinmart located at 334 and 398 N. Congress Avenue. The work has been
completed and the Certificate of Occupancy was issued on May 12, 2005.
PROGRAM IMPACT: None
FISCAL IMPACT: None
Development Department
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
T~~O~-';;:''::>~
May 17, 2005
EDENS&\.VANT
Don Johnson, CBO
Building Official
City of Boynton Beach
Building Division
P.O. Box 310 Boynton Beach
Boynton Beach, FL 33425-0310
Re: Oakwood Square Shopping Center
SteinMart
Project #0410506
Dear Mr. Johnson:
Please accept this letter as our request to have our surety bond released for this
project as we received our Final Certificate of Occupancy on May 12,2005. This bond
was posted on April 15, 2005 in the amount of$191,840.00 for issuance ofa Temporary
Certificate of Occupancy.
If you have any questions or concerns, please feel free to call me.
Thank You,
Brad Stutts
Project Manager
Edens & Avant Investments, Limited Partnership
As Agent For: E&A Acquisition Two, Limited Partnership
EXHIBIT" A"
900 Bank of America Plaza I 1901 Main Street I Columbia, SC 29201 I phone 803.779.4420 I fax 803.254.4983 I www.edensandavant.com
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
o F
OCCUPANCY
PERMANENT
Issue Date
. . .
5/12/05
Parcel Number . .
Property Address
08-43-45-20-01-334-0570
334 N CONGRESS AVE
BOYNTON BEACH FL 33426
Subdivision Name
Legal Description
Property Zoning
. . .
COMMUNITY COMMERCIAL
Owner . . .
Contractor
. . .
E & A ACQUISITION TWO LTD PTNR
RESTORATION TECHNOLOGIES OF
954 485-8600
Application number
Description of Work
Construction type . .
Occupancy type
Flood Zone . . . .
Special conditions
STEINMART
04-00005533 000 000
INTERIOR RENOVATIONS
Approved
. . .
~h
Idin fficial-
UNLESS SIGNED BY BUILDING OFFICIAL
. . . .
VOID
EXHIBIT "B"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
,._.""..t......
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CERTIFICATE
o F
COMPLETION
PERMANENT
Issue Date
5/12/05
Parcel Number . .
Property Address
08-43-45-20-01-398-0570
398 N CONGRESS AVE
BOYNTON BEACH FL 33426
MELEAR PUD
Subdivision Name
Legal Description
Property Zoning
SINGLE FAMILY (5.40)
EDENS & AVANT PROPERTIES
Owner . . .
Contractor
.
SHARPE CONSTRUCTION INC
770 831-3684
Application number
Description of Work .
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
RENOVATION
STEINMART
05-00001433 000 000
BLDG-MISC-COMPLETION
Approved
FACADE CHANGES PHASE I
Bu~9b:~
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "C"
".
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-071
TO: Bill Mummert, Director ofPinance
FROM: Don Johnson, Building Official ~
DATE: April 15, 2005
SUBJECT: CASH BOND - STEINMART - 334 N. CONGRESS AVENUE
Attached are Cashier's Checks in the amount of $191,840.00 from Oakwood Square Shopping Center and
$4,840.00 from Robert Marolf. This is a cash surety for Steinmart and is to be held until all outstanding
issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the fmal Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from William C. Gryder, Jr. and Bill D'Onofrio, AIA and checks
XC: Timothy K. Large, Building Code Administrator
Permit File # 04-5533
EXHIBIT "D"
S:\Development\BUILDING\Memos\Cash Bonds - 2005\Steinmart 04-5533.doc
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:_---_....._--,...--_......----..~_-._-- -.--- --- - - --_-.-.- - - -- ---.....-- --......... - - -- -- ---- -- - --- - - -....... -------- _._.- -- ----
CITY OF BOYNTON BEACH
Boynton Beach, Florida
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PAY TO THE
ORDER OF CITY OF BOVNTON
---*-JB&.T ~,
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ISS\)ED If.(: TRAVELERSE
DRAWEE: .'. :O~f~~~;~
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ISSUING BRANCH 6055623-CHARLOTTE - MINT
DATE APRIL 14. 2005
"'1i:1rBC07294,
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COMPANY, INC.
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& TRUST CO., BOSTON, MASsACHUSETTS
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III? ?BO? 2 ~ 1..111 1:0 ~ ~OO ?O ~ 21:0 U;'OO ~O I.. 5 ~O ~ 2111
· nus DOCUMENT HAS AN ARTIFlOAL WATERMARK PRINTED ON THE BAC!(. THE FRONT OF THE OOCUMENT HAS A MICRO-PRINT S1GNATIlRE LINE AND BORDER. ABSENCE OF THESE FEATURES WILL INDICATE A COPY.
1--------------------------
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-- ---- -- --- - ----.... --- - -....-~------....---.... -------------------.---
39100
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CITY OF BOYNTON BEACH
Boynton Beach, FlorIda
20J.:l:.j :;;
. '. DOLLARS
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EXHIBIT "E"
04/14/2005 16:45 7045639636
MAROLF
PAGE 02/ eJ2
Marolf Construction, . Inc.
General Contractors .
April 14, 2005
Mr. Donlohnson, CBO
Building Standards
'P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Stein Mart':Permit Number: 045533
Mr. Johnson,
. .
This Jetter is to confirm that we are hereby .~uthothed. by Frank H. Austin; Architect to.
inspect and establish th,e don~ value 00 any work found to be incomplete on the aoo?e
referenCed project. The value of incomplete work to be secured by a Cash Surety in' th~
amount equal to 110010 of incomplete work is as follows:
t. Existing mechanical vents and unused mechanical equipment to be removed .
from the roofarea:
. Cost: $500.00 xl iO%
$550.00
2. Certified. Test and.Balance ofHV A V system:
CoSt: $3,900.00 x 110010
$4~290.00
Total Cas~ Sureiy Amount: $4,~O'.OO
Thank you: for your time and effort in helping us complete this PrOject. Let us know if
you need additiQllal information. . . .
ResP~~~ly ~ubmitted. . ~()
.~~~~
William C. Gryder, Jr.
.Marolf Construction; Inc.
ok H. Austin; Architect
D~:4fl}Jf
SOlS Idlewild Road North, Chwlotte, North Carolina 2822'
Phone 7041563..7410 Fax 7041563-9636
EXHIBIT "F"
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8037446744
EDENS & AVANT
""--'"-- -
rl
PHILLIPS
April 14.. 2005
-A-.. ..,..I.....",.~~
PARTNERSHIP
DDn Johnsal'l, ClD
BuIlding Offida(
City of Bo~n Bttach
8...fl~;nl DiYi$'on
p,O, 80x 310 Boynton Beach
Boynton Be&:;h, FL ~15'1B10
I'I'GIlt 770 :S94161~
t.. 770 394 T!14
Re: Oalc:wood SqQaN $hoPP'na Cenbfr
Steinmar Sfte lrl5pectlon / Surety Bond
Project 10410506
Mr jOhnson,
w. have reviewed the ext.rlQr CiinQpjr rer",vatk,. "" the Oalcw<xxl Square Sh<>ppfng.
Center on Aprj( J4, 2005. It Is estimated that the co"tractor, Sharpe (.onstructlon loe. r~
60% complete with the total work to be done on the Steln-mart Facade.
Wtth a total Construction Cost of $436,000 the work that remaIns to bE completed is
valued at $174,400, tnerefore the Surety Bond at 110% will ~e $191,840
Pl.... let US im<>w If)'Qu need anyaddltfc>nallnfurmat/Qn. W. appreciate )'Qur help em
thrs ISSUe. .
For PhillIps Partnel'ihfp
BlII D'Onofrio, AlA, NCI\RB
ProJe~ Manager
^ltadlment
cc: ne 9
EXHIBIT "G"
PAGE 132/02
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VI.-CONSENT AGENDA
ITEM R.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill
Meetin2 Dates in to City Clm' s Office Meetin2 Dates to City Clm's Office
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 Apri119,2oo5 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 Apri118, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17, 2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
, )
AGENDA ITEM 0 Public Hearing 0 Legal ::"') .,.~
0 0 -(
Bids Unfinished Business ,-,
0 Announcement 0 Presentation ) -T1
.-.- "n
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0 City Manager's Report w ,
-,-
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RECOMMENDATION:-) S
Direct staff to prepare the necessary ordinance and procedures to adopt the Arts Commission's Guidelines a~ 'JoJ
Recommendations for an Art in Public Places Program that includes the changes discussed at the Publ~rt~:;;
Workshop. '-' , ;"l ("')
::J:
EXPLANATION:
At the May 24, 2005 joint City Commission/CRA Workshop, the Arts Commission's Guidelines and
Recommendations were presented, discussed and well received by those in attendance. Some enhancements
were discussed such as eliminating the sunset clause. Direction was given to put on commission agenda for
formal direction to proceed.
PROGRAM IMPACT:
Adopting the necessary ordinance and procedures will provide the City Of Boynton Beach with an Art in Public
Places Program that will parallel other cities with similar demographics. ~ L~ po,,- c:,\-..\,;\..- t'rt',,\ '"
2CA\~ ~\\\~ \-0 ~
FISCAL IMPACT: \"-p<AU-~-ee.- ~ FS,J;.. ~
Funds will be collected based on 1 % of construction costs from non residential construction alteration or repair
for which a building permit is required, all new residential construction and/or redevelopment for which a building
permit is required, all new public construction for which a building permit is required and calculated on amounts
exceeding $250,OOO.The land value is excluded from calculations. The funds will be allocated so that 70% stays
within the project to develop publiC art, 5% goes into endowment and 25% runs an Art in Public Places program.
ove the CUItUrallandscaz:;or Boy-nton Beach.
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City Manager's Signature
L, JI3~;ey
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
Boynton Beach Arts Commission
Guidelines and Recommendations
Executive Summary
The Arts Commission was charged with creating and executing an Art in Public Places
Program for the City of Boynton Beach. The following document is the end product of nine
months of research.
Research included review of population, demographics, growth potential, community
identity and the best of current Public Art programs not only in the State of Florida, but
also across the nation. A key component to the value of the Arts in Public Places program
is understanding the economic impact and rewards this type of endeavor provides.
Clearly it is known that art offers:
· community pride
. civic awareness
· and a sense of place.
The focus of this document is to address the mechanics and funding appropriate for
Boynton Beach.
RECOMMEMDATION:
This plan proposes an aggressive four-year funding program that will sunset designed to
generate capital for an Art in Public Places program concurrent with and complementary
to the rapid growth of the City of Boynton Beach. Our recommendations encompass a
comprehensive program that would be funded by assessing a public art fee equal to 1 %
of the construction value to real property and subject to the following criteria:
· Non residential construction alteration or repair for which a building permit is
required
· All new residential construction and/or redevelopment for which a building permit is
required
· All new public construction for which a building permit is required
· Fees will be calculated on amounts exceeding the $250,000.00 threshold
Exceptions to Public Art Fees:
· Remodeling, repair or reconstruction of structures damaged by fire, flood, wind,
earthquake or other calamity.
· Affordable housing as defined by Federal, State or Local programs.
· Construction less than $250,000.00
The total funds are based on 1 % of construction cost. The land value is excluded from the
calculations. The funds would be dedicated at 70% to the development of public art that
stays within the project, 5% to endowment which leaves and 25% to run an Arts in Public
Places program that includes:
· Administration of Art Fund and Art in Public Places Program, including
Public Art Coordinator salary, record-keeping such as registration,
maintenance, renovation, insurance, etc.
· Art for publicly owned properties to include: site preparation, installation,
insurance, maintenance and renovation
· Marketing and advertising of the Art in Public Places program
· Acquisition, siting and decommissioning
· Art programs and events with a cultural emphasis that draw community
participation
· Artist and artwork selection-related expenses
This document also addresses private sector developers who wish to participate in
an alternate program that provides for payment in lieu of participation.
Staff including the Planning and Zoning Department, the CRA and the Legal Department
has reviewed the Boynton Beach Arts Commission Recommendations and Guidelines.
This comprehensive document integrates many of their recommendations as well as the
best of successful Public Arts Programs and has been refined to meet the city's special
needs.
The Arts Commission Advisory Board is prepared to give an informative presentation of
this plan to the city commission in a workshop setting. We have enlisted key speakers
that include a noted public artist, city administrator, and a developer all with national
expertise in art. We look forward to implementing this plan and are available to expedite
this endeavor.
EXCERPTS FROM THE MINUTES OF THE
ARTS COMMISSION WORKSHOP PRESENTATION HELD ON
TUESDAY, MAY 24, 2005 IN THE LIBRARY PROGRAM ROOM,
BOYNTON BEACH, FLORIDA, AT 6:30 P.M.
Present:
Arts Commission -
Debby Coles-Dobay, Chair
Richard Beaulieu, Vice Chair
Cheryl Arflin
Angela Budano
Kimberlee McGow
Anita Remer
Suzette Urs
Deborah Nesbit, Alternate
Absent: Linda Sage, Alternate
For the City:
Mayor Jerry Taylor
Commissioner Bob Ensler
Commissioner Carl McKoy
City Manager Kurt Bressner
Community Redevelopment Agency:
Chairperson Jeanne Heavilin
Vice Chair Henderson Tillman
James Barretta
Alexander DeMarco
Doug Hutchinson, CRA Director
Absent:
Vice Mayor Mack McCray
Commissioner Mike Ferguson
Absent:
Don Fenton
Marie Horenburger
Steve Myott
The following is discussion from the workshop minutes containing comments to be considered
as the draft ordinance goes forward.
Chairperson Coles-Dobay opened up the meeting for questions and comments.
Mayor Taylor was impressed with the progress that the Arts Commission has made in one year and stated
it was incredible to see the amount of work that has been produced in such a short time. He congratulated
the Arts Commission for all the work they have done.
Mayor Taylor inquired about the process that a developer would have to follow in selecting an artist and
Chairperson Coles-Dobay explained the process available to developers.
Mayor Taylor also asked if a member of the Arts Commission was involved in the review process of art work
for a development, would this slow down the process for approval of the project.
Chairperson Coles-Dobay responded there would be a panel comprised of an odd number of art
professionals, a representative of the developer, and either someone from the CRA Board or staff. She
explained that the art process would be integrated into the City's approval process for a project and there
would be no slow down of the project.
Mayor Taylor inquired if an art project was within the CRA boundaries, would the CRA be able to approve
the art work without it coming to the Commission for final approval. Chairperson Coles-Dobay stated that
the CRA and Planning and Development Board have certain functions and they probably would not be the
entity to select the art. The Arts Commission was appointed to guide the process through the City.
Commissioner Ensler pointed out that most projects heard by the Planning and Development Board and the
Community Redevelopment Board still must come to the Commission for final approval. Chairperson Coles-
Dobay pointed out that the Arts Commission is also an advisory board. Commissioner Ensler noted,
however, that the CRA is a legal entity and has the authority to spend money. Commissioner Ensler wanted
to know if the Arts Commission considered themselves a legal entity or an advisory board. Chairperson
Coles-Do bay pointed out that they are an advisory board charged with establishing the art in public places
program. There would be a paid administrator of the program on staff that would become another branch of
the City.
Mayor Taylor thought these kinds of issues could be worked out at a later date.
Ms. Jeanne Heavilin, Chairperson of the CRA, also commended the Arts Commission for putting the
program together in such a short period of time. Ms. Heavilin questioned if the art was public art for
everyone in the City, why shouldn't the entire City participate, such as introducing some kind of
assessment. Ms. Heavilin noted that there are a great many projects already under construction that would
not be putting funds into the program and only new projects at this point would apply.
Ms. Margoles stated in Tamarac they also instituted a fee for any building permit pulled. Chairperson
Coles-Do bay thought they might want to determine if the program should be sunsetted in four years or
perhaps they may want to keep the program active for a longer period of time. Ms. Heavilin suggested that
some kind of fee could be charged when people apply for an occupational license each year.
Commissioner McKoy inquired how the sites would be balanced throughout the City, since a majority of the
newer projects would be going up in the CRA area. Chairperson Coles-Dobay noted this had been
discussed at a previous workshop where public art should be placed throughout the City. There have been
discussions about placing public art in parks, businesses, streetscapes and the Heart of Boynton as
opportunities to introduce public art. She pointed out that art would not be exclusive to one area.
Chairperson Coles-Dobay pointed out that Industrial Avenue years ago had been a dumpsite and now it is
an art area that has completely changed this area.
Mr. AI DeMarco would like to see art introduced in the three high rises that will be going up in the CRA
District and the Promenade. He also thought it would be beneficial if the City had a theme that could be
used throughout the entire City, especially a marine theme.
Commissioner Ensler asked what the next steps would be to move the program forward. Chairperson
Coles-Do bay stated that the Art Commission's recommendations and guidelines would have to be
approved. Ms. Dennison has included in her budget the hiring of a Public Art Administrator to run the
program. Once the program is established, they could begin to bring projects in. Also, there needs to be an
Ordinance passed that would include the guidelines and funding for the program.
Commissioner Ensler recommended that the City and the CRA assist in bringing forward an Ordinance.
Chairperson Coles-Dobay thought that Legal would draft the Ordinance.
Mayor Taylor inquired how the City could pay for the staff position before money is generated from the
projects. Commissioner Ensler recommended that the CRA pay for half the program.
Mr. DeMarco felt that once the program started, it would be in a position to receive donations from the
private sector. Mayor Taylor pointed out that the County has an Art in Public Places Program that provides
matching funds to municipalities. Chairperson Coles-Do bay noted they have already spoken to the County
about their program.
Mr. Bressner stated this is a workshop and, therefore, no action could be taken. He instructed the Arts
Commission to prepare and forward a letter to the City Commission asking that the item be put on an active
agenda with a request to direct staff to prepare the necessary Ordinance. He also recommended that staff
be provided with the resource document along with the sample ordinance for comparative information. Mr.
Bressner was not certain when the Ordinance could be prepared, but hoped it could be sometime this
summer.
Commissioner Ensler did not see a need to sunset the program in order to determine how the program
would evolve.
VI.-CONSENT AGENDA
ITEM S.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.)
D April 19, 2005 Apri14,2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon)
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D June 7, 2005 May 16,2005 (Noon)
~ June 21, 2005 June 6, 2005 (Noon)
D July 5, 2005 June 20, 2005 (Noon)
D July 19,2005 July 5, 2005 (Noon)
c )
, )..4
.cl ~~1"'<
D Administrative D Development Plans < C)
) -;1
NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal U1 . MO',
D Bids D Unfinished Business -u . .") ~.~.J
....,;,,-...
D Announcement D Presentation 0J -n O:J
---rn
D City Manager's Report 0.:'1 ;:JJ>
c..rl ,TI("')
RECOMMENDATION: Authorize the use of Community Investment Funds from Commissioner McKoy for the Art
Explosion, a program at Hester Center
EXPLANATION: Commission approval is requested for allocation of $1,000 to the Art Explosion, which is a dedicated
effort to support, nurture and expose the community to different facets of artistry and is offered to the general public free of
charge.
PROGRAM IMP ACT: Allocation of funds will assist in funding this program.
FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commissioner has $10,000 in Community
Investment funds to allocate, subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested expenditure.
Department Head's Signature
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 14,2005
Requested by Mayor/Commissioner: Commissioner Carl McKoy
Amount Requested: $1,000
Recipient/Payee: Art Explosion at Hester Center
Description of project, program, or activity to be funded: Art Explosion is a dedicated effort
to support, nurture and expose the community to different facets of artistry and is offered to
the general public free of charge.
~///,
Dated: ~
BY:n~'/~~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $3,500 has been used to date by the requesting Member, leaving a
balance of available funds of $6,500 This request would bring the available amount down
to $5,500
Accordingly:
)( There are funds available as requeste
o There are insufficient funds available
CiII</oS-
( I
Dated:
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
.~ The proposed expenditure of funds will not result in improvement to private
property;
"x:f The recipient/payee is a resident of the City of Boynton Beach or is a legal
entity with offices in the City of Boynton Beach;
.~ The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
4' Proper safeguards are being implemented to assure that the public funds being
appropriated will be used for the stated pose.
Dated:
By:
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\McKoy - Art Explosion.doc, 6/1512005
The City of
Boynton Beach
ictr
Hester Center
1901 N. Seacrest Blvd.
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6231
FAX: (561) 364-4079
Emai1: irelandf@cLboynton-beach.fl.us
www.boynton-beach.org
I\. ~"T~ ~
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June 8, 2005
Dear Commissioner McKoy,
The City of Boynton Beach is gearing up for another explosion, an Art Explosion that is! This
document is provided to give you a brief history of our event and invite you to participate and
support our exciting festival through sponsorship or in-kind donations.
Scheduled for July 8 - 10, 2005, you still have time to be part of this third annual event at the
city's finest community facility, Ezell Hester Jr. Center located at 1901 N. Seacrest Boulevard
in the heart of Boynton Beach.
The Art Explosion is a dedicated effort to support, nurture and expose the community to
different facets of artistry and is always offered to the general public free of charge. Our
festival welcomes creative professionals and artist to exhibit, sell and even create
masterpieces on the spot. We also provide fun leisure activities for kids by way of rides,
entertainment, clowns and creative arts and crafts.
Please contact me @ (561) 742-6231 if you have any questions regarding how you can playa
part in this year's festival.
Sincerely,
City Of Boynton Beach
.~ieation pmen!
~Iand, Event Coordinator
Recreation Supervisor
Fl/fi
Attachment
America's Gateway to the Gulfstream
3rd Annual Art Explosion
Sponsor Proposal
Historv
The Annual Art Explosion in Boynton Beach, Florida is a 3-year-old multicultural event.
The Art Explosion has offered the general public the opportunity to participate in seminars
and workshops such as: Expressive Movements for Youth, Digital Story Telling,
Networking and Partnering with Independently Owned Book Stores, From the Mouth of
Writers, Marketing your Words Effectively and Publishing in the 2K. The Art Explosion
also gave the general public the opportunity to see on hand such individuals such as Omar
Tyree, Author of "FLY GYRL", Blanche Williams, Author of "Be Your Best You",
James Amps III, Author of" Speaking To Excel, Africa Fine, Author of "Katrina", Nancy
Gillian, Author of "Chicken Soup for The African American Soul" and Graphite Artist
Tracy Stokes.
Features
This year's event will feature pony rides, A Bounce House, Face Painters, Celebrity
Reading Hour, Authors, Painters, Sculptures, The Kids Comer Art Tent, A Petting Zoo,
Food Vendors, Craft Vendors, Non Profit Vendors, Musical Entertainment, A Meet &
Greet Reception and Tailored made seminars for beginning and professional titled art
enthusiast.
Ima2e
We seek recognition as being a strong multicultural community event that provides visual
imagery for both admirers and creators of this beautiful thing we called art. We feel the
vision thus far has been appealing, positive and rewarding to all involved. With the likes
of Barnes & Nobles, The Palm Beach Post, Universal Print & Publication, Easy Pay Tire
Store and The Sports Section Photography supporting our vision, we hope that you will
strongly consider coming a board also.
Customers
Our primary interest and understanding focuses on providing culturally driven, fun and
visually interesting events to the residents of Boynton Beach. We also invite those
residing outside the corporate city limits with the understanding that their participation
generates additional interest in city activities and events.
The City of
Boynton Beach
Hester Center
1901 N. Seacrest Blvd.
P.o. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6231
FAX: (561) 364-4079
Emai1: irelandf@ci.boynton-beach.fl.us
www.boynton-beach.org
EXDenses for 2005
Madolfo the Story Teller
$350
Shivon Face Painting
$200
Comedian Big Baby
$1000
Artist George Gadson
$500
Reception Tickets
$75
Art Supplies
$150
A wards for Refrigerator Art Contest
$200
Bounce House Space Walk for two days
$500
Cock-A-Doodle-Doo Pony rides and petting zoo
$450
Sound and Equipment for 7/10105 (Reginald Carter)
$500
Sound and Equipment for 7/9/05Rickship DJ
$500
Performer Rebecca Butterfly
$200
Band Total Kontrol
$400
Project materials for Gadson
$200
Total
$5225
America's Gateway to the Gulfstream
Boynton Beach Recreation and Parks Department Art Explosion
2005 Partner Options
Bronze Partner Package
$4000
$1000
$500
$100
Corporate Partner Package
Gold Partner Package
Silver Partner Package
Benefits and Commitment
CORPORATE PARTNER
Recognition as Corporate Partner in 20 - 22 30-second radio ads airing one week prior to event
Recognition of Corporate Partner included on all promotional materials including flyers, posters
and media releases
Recognition of Corporate Partner included on the cover of the Art Explosion application
Recognition of Corporate Partner to 5000 spectators at the event through announcements and
signage
Corporate Sponsor will receive a 10 x 10 booth space to present information to the public during
festival
GOLD SPONSOR
Recognition of Gold Sponsor included on all promotional materials including flyers, posters and
media releases
Recognition of Gold Sponsor to 5000 spectators at the event through announcements and
signage
Gold Sponsor will receive a 10 x 10 booth space to present information to the public during
festival
SILVER SPONSOR
Recognition of Silver Sponsor included on all promotional materials including flyers, posters and
media releases
Recognition of Silver Sponsor to 5000 spectators at the event hourly through announcements
and signage
BRONZE SPONSOR
Recognition of Bronze Sponsor to 5000 spectators at the event hourly through announcements
and signage
({(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM A.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D AprilS, 2005
D April 19, 2005
D May 3, 2005
D May 17, 2005
March 14,2005 (Noon.)
D June 7, 2005
~ June 21, 2005
D
D
May 16, 2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18,2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
~ Public Hearing
D Bids
D Announcement
D City Manager's Report
July 5, 2005 June 20, 2005 (Noon) )
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July 19,2005 July 5, 2005 (Noon) _u_,
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D New Business -'0 ") ,--~
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D Presentation ::;::
May 2, 2005 (Noon)
RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Public
Hearing. The Planning and Development Board recommended that the subject request be approved on May 24, 2005.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-070.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Grove Plaza Parcel D (COUS 05-006)
Lution Hill, KMA Investment Properties
KMA Investment Properties
3920 Hypoluxo Road
Request for Conditional Use approval to convert approximately 3,500 square feet of an
11,973 square foot retail building in a C-3 zoning district for a minor automotive repair
establishment.
PROGRAM IMP ACT:
FISCAL IMPACT:
AL TERNATIVES:
N/A
N/A
~
l.
Development Departm nt Drrector
~;goaQrr~
~(J -( ~<
Planning and Z rrector City Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel D\COUS 05-006\Agenda Item Request Grove Plaza Parcel D COUS 05-006-6-21-
05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-070
TO:
FROM:
Chair and Members
Planning & Development Board
Michael RUmPf\\ ~~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
DATE:
May 13, 2005
PROJECT:
Grove Plaza Parcel "D" / COUS 05-006
REQUEST:
Conditional Use approval to convert approximately 3,500 square feet of an
11,973 square foot retail building in a C-3 zoning district for a minor
automotive repair establishment
PROJECT DESCRIPnON
Property Owner: Grove Plaza D, LLC
Applicant: Mr. Lution Hill, KMA Investment Properties
Agent: Mr. Lution Hill, KMA Investment Properties
Location: 3920 Hypoluxo Road (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
3,500 square foot minor automotive repair establishment
Acreage:
1. 22-acres
Adjacent Uses:
North:
Right-of-way for Hypoluxo Road, then farther north is Santaluces High
School with an Institutional (I) land use designation (unincorporated Palm
Beach County) and zoned Public Ownership (PO);
South:
Drainage Utility & Ingress / Egress Easement for Grove Plaza, then farther
south is developed residential with a Medium Density Residential (MR-5)
land use designation (unincorporated Palm Beach County) and zoned
Agricultural Residential (AR);
Grove Plaza Parcel "D" - CO US 05-006
Page 2
Memorandum No. PZ 05-070
East:
Parcel "E" of Grove Plaza (Motor City Carwash) with a Local Retail
Commercial (LRC) land use designation, zoned Community Commercial (C-
3); and
West:
Ingress/Egress drive for Grove Plaza, and farther west Parcel "c" of Grove
Plaza approved for construction of a 6,832 square foot minor automotive
repair facility, with a Local Retail Commercial (LRC) land use designation,
zoned Community Commercial (C-3).
BACKGROUND
Mr. Lution Hill, agent, is seeking conditional use approval to convert approximately 3,500 square feet of
an 11,973 square foot retail building approved for Parcel "0" in a C-3 zoning district for a minor
automotive repair establishment. The proposed change is to modify the north end of the previously
approved building to accommodate the new use. According to Palm Beach County Traffic Engineering in
a letter dated February 17, 2005, the proposed project meets the Traffic Performance Standards of Palm
Beach County. However, no building permits may be issued after the build-out date (2007). Automotive
repair is a conditional use in the C-3 zoning district, in order to provide staff a closer look at the site
design, operational characteristics and potential impacts on surrounding properties. Minor automobile
repairs, as defined in city code, are limited to engine tune-ups, carburetor repairs, wheel balancing and
replacement and/or repair of external engine parts.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.0 of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
According to the site plan, there are no changes proposed to the traffic circulation pattern previously
approved, which depicted three (3) proposed points of ingress/egress to Parcel''D'~ none of which
are directly on Hypoluxo Road. The first and second points of ingress/egress are located on one of
the north/south circulation roads within Grove Plaza, at the northwest and southwest comers of the
Grove Plaza Parcel "D" - COUS 05-006
Page 3
Memorandum No. PZ 05-070
property. The third access point is at the rear (south) end of the parce~ from the east/west internal
circulation road. All of these driveway widths appear to meet code requirements. These access
points adequately address the needs of typical vehicular circulation, as well as that of emergency
vehicles and sanitation equipment and circulation is designed completely around the proposed
building. With no direct driveway connection being made to Hypoluxo Road, this development should
have minimal negative impacts on this County roadway.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Automotive repair facilities require one (1) parking space per 250 square feet of gross floor area.
Since the original approval for Parcel ''D'' (NWSP 04-007) was designed entirely for retail with a
parking requirement of one (1) space for each 200 square feet of building, the proposed modification
actually provides excess parking over the code requirement The proposed 3,500 square foot
automotive use and remaining retail would now require 56 parking spaces, instead of the 60 required
in the original approval. The proposed site plan (Sheet Al00) shows the provision of 60 parking
spaces, plus a loading space, for an excess of four (4) more spaces than required. Three (3) of the
spaces are designated for handicap use, located closest to the building's front entrances. The loading
space is located at the rear (south) of the building, approximately 62 feet from the south property
line of the Grove Plaza development, with a 20-foot landscape buffer and masonry wall at the south
perimeter.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (Sheet Al00) shows that the dumpster location is in accordance with previous site
plans approved on other parcels within Grove Plaza and is situated a minimum of 50 feet from the
south property line of the Grove Plaza development The dumpster would be screened with enclosure
walls and landscaped, in accordance with Chapter 9, Section 10.C3 of the Land Development
Regulations. The dumpster location is positioned in such a way as to facilitate the efficient removal of
trash.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The proposed pervious area of the parcel equals 10,652 square feet or 22.5% of the total site. The
landscape plan (Sheet Ll) indicates that approximately 72% of the trees, 77% of the shrubs and
75% of the groundcover would be native.
Consistent with the Grove Plaza Master Plan, the width of the north (front) landscape buffer along
Hypoluxo Road would be 15 feet in width, bermed, and contain Live Oak trees and a row of Redtip
Cocoplum hedges. Additionally the north buffer would include Calophyllum trees, fire bush and
purple lantana. A cross-section of the front landscape buffer is required to provide sufficient detail to
ensure proper screening is attained on the site. Additionally, the installation and creation of the berm
Grove Plaza Parcel "0" - COUS 05-006
. Page 4
Memorandum No. PZ 05-070
along the north buffer would be overseen by the City Forester / Environmentalist. The west (side)
landscape buffer would be 7 feet in width and contain Pigeon Plum trees, Montgomery palms and a
row of Redtip Cocoplum hedges. The width of the south (rear) landscape buffer would be 15.5 feet
in width and would contain Live Oak trees, Calophyllum trees and Redtip Cocoplum hedges. finally,
the width of the east (side) landscape buffer would be at least 2.5 feet wide and would contain Silver
Buttonwood, Pigeon Plum and Gumbo Limbo trees, and Redtip Cocoplum hedges.
The developer has designed the building so that the garage bays are oriented in an east/west
direction along the east end of the building, in order that the internal operations of the business are
somewhat screened from view by motorists on Hypoluxo Road. Also, the work bays should be fairly
well screened by the carwash structure on Parcel liE" to the east, which is constructed close to the
joint property line between each parcel.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The approved monument sign is in accordance with the Grove Plaza Design Guidelines for height
(8.5 feet maximum) and design characteristics and will be painted to match the building colors
(colors on the approved list within the Design Guidelines). The wall signage is within code allowances
and is black and white, so as not to contrast with the building colors. The lighting levels are
adequate and should not create a disturbance to the surrounding commercial activities or
neighboring residential properties. No change is proposed with this requested modification.
7. Required setbacks and other open spaces.
The proposed use is within the same building footprint as originally approved and meets all setback
requirements of the C-3 zoning district and conforms to the Grove Plaza Master Plan.
8. General compatibility with adjacent property and other property in the zoning district.
In general, the proposed use is compatible with the commercial uses within Grove Plaza (AutoZone
Auto Parts, Motor City Carwash, the 7-Eleven Convenience Store/Gasoline Station and the minor
automotive repair facility approved on Parcel "C" to the west, and the C-3 zoning district. There
would be minimal on-site impact and no adverse effects should occur from the proposed use. With
approximately 88 feet from the rear of the building to the nearest residential property, the 20 foot
landscape buffer and masonry wall at the perimeter of the Grove Plaza development and the fact
that the garage bays do not face any residential property, staff believes the project to be generally
compatible.
The project was reviewed in part, according to the standards as identified in the Grove Plaza Design
Guidelines (1998). The proposed design is compatible with the surrounding built environment and
would not detract from the overall appearance of the commercial plaza.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable building height in the C-3 zoning district is 45 feet The building was
designed as a one (J}-story structure, approximately 23 feet - 8 inches in height to the top of the
Grove Plaza Parcel "D" - COUS 05-006
. Page 5
Memorandum No. PZ 05-070
highest parapet, and no change is contemplated as a result of this request The building would not
exceed the district's maximum height limitations and would be compatible in comparison with the
neighboring commercial and residential properties.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
According to the applicant, "The proposed project will have a positive economic effect on the nearby
properties. The proposed use will not only compliment other service uses within Grove Plaza, but will
contribute in attracting customers to its neighbors. Overa/~ the proposed project will be a positive
economic contribution to the City as a whole. "
11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach Noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed
project should operate in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach and would thus be in conformance with the City's
performance standards.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations, and consistency
with the Comprehensive Plan, staff recommends that this request for conditional use be approved
subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval.
Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set
within which the proposed project is to be developed. Staff recommends that a period of one (1) year
be allowed to pull a building permit for this project.
S:\Planning\SHAREO\WP\PROJECTS\Grove Plaza Parcel "0" COUS\Staff Report.doc
VIII.-PUBLIC HEARING
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 AprilS, 2005
0 April 19, 2005
0 May 3, 2005
0 May 17, 2005
March 14,2005 (Noon.)
o June 7, 2005
[gI June 21, 2005
o July 5, 2005
o July 19,2005
May 16,2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April ]8,2005 (Noon)
June 20, 2005 (Noon)
May 2,2005 (Noon)
July 5, 2005 (Noon)
Administrative
Consent Agenda
Public Hearing
Bids
Announcement
City Manager's Report
o
o
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o
o
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NATURE OF
AGENDA ITEM
o
o
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o
o
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Development Plans
New Business
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Unfinished Business
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RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request
be approved on May 24,2005. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-081.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Stealth Towers in SMU (CDRV 05-008)
Kim Glas-Castro, Ruden McClosky
Compson & Associates of Boynton, LLC
SMU Suburban Mixed-Use Zoning District (Citywide)
Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3.
and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within
the Suburban Mixed-Use zoning district as stealth facilities, integrated into the
architecture of a mixed-use project.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
h.<J~<
Planning and Zo n DIrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-008 SMU Stealth Towers\Agenda Item Request Stealth Towers in SMU CDRV 05-
008.6-2 I -05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-081
TO:
FROM:
Chair and Members
Planning and Development Board
Eric Lee Johnson, AICP ~
Planner U
Michael W. Rumpf
Director of Planning and Zoning
THROUGH:
DATE:
May 17, 2005
SUBJECT:
CODE REVIEW CDRV 05-008
To allow stealth communication towers in the SMU, Suburban Mixed-Use
zoning district
NATURE OF REQUEST
Ms. Kim Glas-Castro with Ruden McClosky, agent for the property owner, is requesting that the Land
Development Regulations be amended to allow stealth telecommunication towers within the SMU,
Suburban Mixed-Use zoning district. This request would amend Chapter 2, Zoning and Chapter 10,
Telecommunication Towers and Antennas (see Exhibit "C"). It should be noted that the effects of the
subject request, if approved, would only be applicable to properties zoned SMU, which are outside of
the Community Redevelopment Agency boundaries.
BACKGROUND
According to Chapter 10, Section 3.A. of the Land Development Regulations, telecommunication
towers are allowed as conditional uses in the (REe) Recreation, (PU) Public Usage, and (M-l)
Industrial zoning districts. Also, they are currently allowed on properties zoned (PID) Planned
Industrial Development, but owned by the City and only within a park use. Additional restrictions may
apply to telecommunication facilities within each of the above-referenced zoning districts.
The crux of this code review is the applicant's intent to construct a stealth telecommunication facility
on top of a decorative clock tower within the final phase (Phase VI) of their project known as
Renaissance Commons (COUS 04-008). The subject property was formerly the site for Motorola
Incorporated. However, the property once owned by Motorola was ultimately acquired by the current
owners who successfully rezoned the property from PID to (C-3) Community Commercial and then to
SMU, to accommodate a large scale, mixed-use residential! commercial project. After the rezoning,
the Motorola building was demolished and construction began on the townhouses and commercial
buildings. The original Motorola tower, which is currently non-conforming under the SMU zoning
district, still remains on the Renaissance Commons property. The property owners desire to move the
existing tower from its current location and construct a new type of facility at a different, more
desirable location on the subject property. However, they are prohibited from doing so because
moving or replacing the tower would eliminate its legal non-conforming status.
'Page 2
CDRV 05-008
ANALYSIS
As previously mentioned, the applicant is proposing to replace the existing tower, which is an aD-foot
tall Monopole facility, with a decorative clock tower elsewhere on the Renaissance Commons property.
The clock tower would be constructed within the sixth and final phase of the large scale, mixed-use
project. According to the Land Development Regulations, stealth towers are currently defined (in
Chapter 10) and are required to be architecturally compatible with existing buildings and / or
structures on site. They shall be consistent with the character of existing uses on site. The accessory
equipment associated with stealth facilities shall not be readily identifiable and in no case shall a
stealth facility exceed 150 feet in height. The Land Development Regulations define a stealth facility
as follows:
"any telecommunications facility which is designed to blend into the surrounding
environment and which is incorporated into and is compatible with uses otherwise
permissible on site. Examples of stealth facilities include, but are not limited to,
architecturally screened roof-mounted antennas, antennas integrated into architectural
elements, and telecommunication and/or personal wireless services towers designed to
look like light poles, power poles, clock towers or trees."
It is important to note that the Land Development Regulations require a minimum separation distance
of 250 feet between any telecommunication facility and the nearest residential district or residential
portion of a Planned Unit Development (PUD). It further requires that towers be spaced a minimum of
750 feet apart. The applicant has informed staff that the proposed facility would comply with this
basic requirement with the understanding that the nearest (exclusively) residentially-zoning district
(i.e. Sky Lake zoned, R-1-A Single-family Residential) would be located over 900 feet away from the
planned clock tower location. In fact, the previously approved master plan for Renaissance Commons
(see Exhibit "D") identifies the anticipated location of the clock tower, which would agree with the
applicant's assertion. However, the applicant proposes a separation distance of 50 feet between a
telecommunication facility and a residential component of the SMU district, exclusive of integrated
mixed-use buildings. It is important to note that according to the Telecommunication Act of 1996, "no
state or local government may regulate the placement, construction, and modification of personal
wireless service facilities on the basis of the environmental effects of radio frequency emissions to the
extent that such facilities comply with the Commission's regulations concerning such emissions". Since
this is the case, the city's Land Development Regulations cannot mandate the distance separation
(between the facility and residential uses) due to the perceived ill effects of the radio frequencies on
neighboring residential properties. However, a distance separation standard has value in preventing a
proliferation of towers, which may negatively impact the visual environment, and therefore should
remain in the absence of pure stealth requirements. As for the SMU zoning district, where the stealth
standard would apply to architectural compatibility, the more relevant issue regarding cell towers now
becomes their proposed height to ensure compliance with FCC safety standards rather than their
proposed distance from residential uses.
The applicant states two (2) underlying reasons for this code review request (see Exhibit "8"). They
are as follows:
1. The lack of available property that is properly zoned that would allow another
telecommunication facility; and
2. The lack of available property located in proximity to the existing, non-conforming tower that
'Page 3
CDRV 05-008
contains no void in the radio-frequency coverage.
The applicant is requesting this code amendment with the assumption that a new telecommunication
facility would undergo exhaustive review during the time when a formal conditional use application is
made and that said facility would comply with all applicable regulations. A conditional use is a use that
would not be appropriate generally, without restriction, throughout a zoning classification or district.
Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would
promote public appearance, comfort, convenience, general welfare, good order, health, morals,
prosperity, and safety of the city. The standards for evaluating a conditional use include but are not
limited to the following: Ingress j egress, off-street parking, refuse and service areas, utilities,
screening and buffering, signs, setbacks and open spaces, general compatibility, height, and economic
effect. Staff acknowledges that an unsightly, non-conforming telecommunication facility already exists
within the SMU property and that its removal and replacement with a stealth facility, located within the
clock tower, would only positively impact the subject property and outlying area. Finally, this code
amendment affects only a limited number of properties, all of which, lie west of Interstate 95 and
exclusively under the reviewing authority of the Planning and Development Board.
RECOMMENDATION
It is staff's opinion that the proposed amendments to the Land Development Regulations are the
minimum necessary to achieve the desired results. This is due to the limited number of anticipated
future telecommunication facilities needed within the SMU zoning district and outlying areas, coupled
with the fact that a stealth facility, in this case, would be handsomely housed within the clock tower of
the previously planned mixed-use community. Should other towers be sited at a later date upon any
SMU designated lands, they too would be required to be of a "stealth" design, consistent with the
design characteristics of surrounding uses. Therefore staff recommends approval of the proposed
code review application. Community Redevelopment Agency review and approval is not required.
Exhibits
MRjelj
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-008 SMU Stealth Towers\Staff Report.doc
Exhibit 'A' - Location Map
625 312.5 0
,
625
1,250
1,875
2,500
'Feet
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EXHIBIT "B"
~. Ruden
~II McClosky
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222LAKEVIEW AVENUE
SUITE 800
WEST PALM BEACH, FLORIDA 33401-6112
(561) 838-4542
FAX: (561) 514-3442
KIM.GLASCASTRO@RUDEN.COM
I
.__",1
February 9,2005
Telecommunication Tower Regulations Modifications
Compson Associates of Boynton, LLC (the "Applicant") is requesting revIsions to
Chapter 10, Telecommunication Towers and Antennas, and to Chapter 2, Zoning, of the City of
Boynton Beach Land Development Regulations ("LDR") to allow stealth communication towers
within the Suburban Mixed Use ("SMU") zoning district subject to conditional use approval and
compliance with performance standards.
A nonconforming tower exists on the Renaissance Commons SMU property. The
Applicant desires to remove the tower, which is otherwise located in the middle of the new
mixed-use community. The telecommunication providers ("Providers") utilizing the existing
tower at Renaissance Commons have evaluated other sites to relocate their facilities, but the
Providers are finding two problems: 1) lack of available property zoned with a district that
allows communication towers and 2) lack of available property located in proximity to the
existing, non-conforming tower so that no voids in system coverage are created. The nearest
zoning district is Planned Industrial District (PID), in which towers are permissible, but a
communication tower already exists on this property, and there is not sufficient room for co-
location of the Providers' facilities on the existing tower. Property zoned Industrial (MI) is too
far away from the current location to provide service coverage.
Relocation of the existing Providers' facilities within Renaissance Commons is a viable
solution to maintain and improve existing coverage. The Applicant's proposed LDR
modifications require stealth technology to be employed within the SMU district, and require
conditional use approval to ensure compatibility with the SMU uses and design standards.
The requested revisions to Chapter 10 and Chapter 2 would facilitate the removal of an
old-style, metal-framed communication tower from the middle of the Renaissance Commons
project. A new stealth tower would be concealed as part of the clock tower feature in Phase VI
of the development. This stealth tower will be requested in a subsequent conditional use/site
plan petition. \
WPB:197496:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSelL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. pmRSBURCi . TALLAHASSEE. TAMPA. WEST PALM BEACH
/cr
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o
o
~
o
o
o
Administrative 0 Development Plans
Consent Agenda 0 New Business
Public Hearing ~ Legal
Bids 0 Unftnished Business
Announcement 0 Presentation
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RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Publifi
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject
request be approved on May 10, 2005, with the inclusion of those properties fronting on Martin Luther King (MLK)
Boulevard also being regulated under the proposed regulations. For further details pertaining to the request, see attached
Department of Development Memorandum No. PZ 05-046.
City Manager's Report
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Urban Commercial Districts (CDRV 05-004)
City Staff ini tia ted .
Community Redevelopment Agency Ar e a
Request to amend the Land Development Regulations (LDR), Chapter 2, Zoning, Section
6 and Section 8.5, to create an overlay district to reduce the front, side interior, and side
comer yard building setbacks for parcels currently zoned Office and Professional District
(C-l), Neighborhood Commercial District (C-2), Community Commercial District (C-3),
and General Commercial District (C-4), located within targeted areas of the CRA.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
;lc)z. k
Plamting and Zo~ irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-004 Urban Commercial Overlay\Agenda Item Request Urban Commercial Dist. Overlay
CDRV 05-004 5-17-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-046
TO:
FROM:
Chair and Members
Community Redevelopment Agency Board
Eric Lee Johnson, AICP ~
Planner V
Michael W. Rumpf
Director of Planning and Zoning
THROUGH:
DATE:
March 30, 2005
Urban Commercial District Overlay (CDRV 05-004)
SUBJECT:
NATURE OF REOUEST
Staff has been requested to consider this proposed amendment to the Land Development
Regulations to reduce the building setbacks for properties within conventional commercial zoning
districts in targeted areas of the city. The intent is to allow flexibility in site design by requiring a
"build-to" line with regards to the required front, side, and side comer building setbacks. This
will help to serve as a catalyst for redevelopment efforts on smail-sized parcels that have not or
most likely would not be assembled as part of a large mixed-use project and maximize
consistency with adjacent or nearby projects that are developed under the mixed-use zoning
district.
BACKGROUND
As per the Federal Highway Corridor Community Redevelopment Plan, the City adopted the
Mixed Use-Low (MU-L) and Mixed Use-High (MU-H) zoning districts on June 18, 2002. However,
after 18 months of working with these regulations, staff determined that minor amendments
were warranted to bring the regulations into closer conformance with the Intent of the Plan. The
updates were made, in part, to protect neighborhoods of single-family homes that are or would
be adjacent to potential mixed use districts. The mixed use regulations are and could be applied
to those properties designated with Mixed Use (MX) and Mixed Use-Core (MXC) land use
classifications (as shown on the City's Future Land Use Map of the Comprehensive Plan).
Also in June 2002, the city created the Infill Planned Unit Development (IPUD) zoning district.
The IPUD zoning district regulations were updated In 2004 to provide more direction to
developers regarding compatibility with existing development, while stili omitting exacting
standards. These districts were designed, in part, to encourage higher densities and Intensities,
to help redevelop the older portion of the city while simultaneously creating an urban sense of
place. It should be noted that reduced building setbacks Is a common element Intrinsic to all the
aforementioned districts. The problem with current conventional commercial zoning district
regulations Is that portions of a site may be developed for residential uses; however, the
regulations do not encourage a true Integration of commercial and residential uses, and basically
perpetuate the suburban "strip centers" that offer little or no connectivity, allow parking lots to
Page 2
CDRV 05-004
Urban Commercial District Overlay
separate the project from the adjacent roadways, and do not yield large projects with unified
designs.
ANALYSIS
This report analyzes the required building setbacks of the CIty's conventional commercial zoning
districts: Office Professional (C-l), Neighborhood Commercial (C-2), Community Commercial (C-
3), and General Commercial (C-4). According to the statements contained within the proposed
Urban Design Guidelines, the current Land Development Regulations for the City's commercial
districts encourage suburban-oriented development to occur. The commercial regulations
require large front setbacks, low density, height limitations, and separation of uses. This type of
zoning prohibits higher density development or mixed-use developments, which are appropriate
In the portions of the Community Redevelopment Agency (CRA) area for redevelopment
purposes. The outcome has prevented the City from experiencing the needed economic growth
that other cities have experienced. In response to this type of development, the city created the
mixed-use zoning districts, namely Mixed Use-High (MU-H) and Mixed Use-Low (MU-L) and staff
is currently reviewing the possibility of creating additional mixed-use zoning regulations. In any
case, the current regulations regarding the mixed use districts are very explicit In its Intent; to
encourage quality development, redevelopment, and urban Infill in the City's older and blighted
downtown and outlying areas. These regulations are very effective in cases when individual lots
have been assembled or amassed as part of a large conglomeration for large-scale mixed-use
developments. The new regulations appropriately steer the desired type of growth pattern.
However, the problem occurs when commercially-zoned parcels, which are not a component of a
mixed-use development, are too small and I or too isolated to be eligible for mixed-use zoning.
Under the current regulations, the subsequent build-out of these types of lots would be bound to
suburban zoning standards, resulting in a growth pattern Inconsistent with the newer, mixed-use
developments advocated throughout the CIty's downtown and outlying areas. This inconsistency
could hinder the City's effectiveness In managing the urban design for future development.
Suburban standards in urban areas undermine staff leverage when negotiating with developers
on Issues such as creating pedestrian-friendly corridors, concealing off-street parking areas, and
regulating automotive-oriented uses. A solution would be to create an overlay district for
commercial areas, which would complement the City's endeavor in promoting progressive and
exemplary urban design (see exhibit "B"). If the proposed guidelines were approved, developers
would then be bound to the building setbacks of the newly created Overlay District for properties
of those targeted commercial areas. While the proposed code amendment does nothing to
Increase the Intensity, height, or mixing of land uses In a given zoning district, It would help to
harmonize the placement of buildings and address some of the Inconsistencies between urban
and suburban regulations. Furthermore, it Is staff's opinion that the new Overlay District would
not discourage property owners from assembling lots and rezoning to mixed-use districts and
neither would the Overlay District perpetuate an undesirable growth pattern.
RECOMMENDATION
Staff recommends approval of the creation of the proposed Urban Commercial DIstrict Overlay.
Any deletions or additions recommended by the Community Redevelopment Agency Board or
City Commission would be ultimately reflected In the final ordinance.
S:\P1annlng\SHAREO\WP\SPECPROJ\CODE REVIEW\CDRV 05-004 Urban Commercial OVer1ay\Staff Report.doc
Exhibit 'A' - Urban Commercial District Overlay Map
?
.
1,250 2,500
5,000
7,500
10,000
. Feet
.+
s
EXHIBIT "B" - PROPOSED CODE AMENDMENTS
Sec. 8.5.
Overlay zones.
A. MARTIN LUTHER KINO BOULEVARD
OVERLAY ZONE.
1. Oeneral. With the completion of the Vision
20/20 Redevelopment Plan, the City identified a segment of
the Martin Luther King Boulevard as an area in need of
redevelopment and revitalization. This section is created to
implement the development and design recommendations
in the Redevelopment Plan intended to create a traditional
street corridor with pedestrian improvements, storefronts
along the sidewalk, and a mixture of uses. The corridor is
to contain an ambience supported by pleasant signage and
building appearance, potted landscaping, store windows
and public open spaces. All development within the Martin
Luther King Boulevard corridor shall occur according to
the provisions of the adopted plan as stated below.
2. Defined. The Martin Luther King Boulevard
Overlay Zone is hereby established as the area defined by
the parcels fronting on that portion of the Boulevard
located east of Seacrest Boulevard and west of Federal
Highway right-of-way, along with those parcels adjacent to
the north and south of these parcels that front on the
Boulevard if assembled and development as a unified
project.
3. Permitted uses. As currently defined in
Chapter 2(5)(0) and Chapter 2(6)(B).
4. Prohibited uses. Reserved
5. Development standards.
a. Parcels that have frontage along
Martin Luther King Boulevard shall have a minimum front
setback of 3 feet and a maximum front setback of 12 feet.
b. Minimum side setback from
interior lot lines shall be 5 feet, and a minimum of 3 feet
and a maximum of 12 feet from corner lot lines.
c. Maximum building height shall be
30 feet and subject to other provisions of Chapter 2(4)(F).
d. Lot regulations stated within
Chapters 2(5)(0) and 2(6)(B) except where superseded by
the regulations stated herein.
6. Signs. Reserved
7. Design Standards. Reserved
8. Landscaping. Reserved
9. Parking.
a. Parking space requirements shall
be calculated in accordance with Section 11.H.16 of these
zoning requirements, and shall be reduced by fifty percent
(50%);
b. Required parking spaces shall be
owned or leased within one thousand (1,000) feet of the
building to be served.
(1) The distance requirements
shall be a straight line measurement from a point on the
boundary line of the property that is the subject of the
application to the closest boundary line of the property on
which the leased parking is located.
(2) The property that is the subject
of the application shall be posted with signage indicating to
patrons the location of the off-site parking.
c. Lease arrangements to provide
required parking spaces shall be subject to approval by the
Community Redevelopment Agency.
(Ord. No. 00-30, ~ 1,6-20-00; Ord. No. 02-014, ~ 1,4-16-
02)
B. URBAN COMMERCIAL DISTRICT OVERLAY
ZONE.
1. Intent and Duroose. The pumose of this zone
is to encourage the development and redevelopment of
commercially-zoned parcels in a manner consistent with the
pattern of development of parcels with Mixed-Use zoning
classifications. In addition. any parcels subsequentlv
annexed into the City of Boynton Beach within the
boundaries of the Community Redevelopment Ae:ency area
with commercial zonine: mav also utilize these setback
reductions.
follows:
2. The obiectives of this overlay zone are as
a. Suoport and enhance revitalization
efforts in the city's traditional commercial area:
b. Allow flexibility in the site desisn
in order to create a more urban environment by
discouralring the nlacement of off-street parking: between
the front of the building:(s) and the rights-of-way. Create
Qptimal pedestrian environments through an,propnate
seoaration from. and design of vehicular circulation areas:
c. Allow flexibility in architectural
desi{ffi and building bulk: while maximizing compatibility
and harmonv with adjoining: development within the
Defined area.
3. Defined area. The Urban Conunercial District
Overlav Zone is established as the geog:raphical area as
defined bv the boundaries of the following city
Redevelonment Plans:
a. Federal Hie:hway Corridor
Conununity Redevelopment Plan. The boundary is
generally described as the city limits to the north. the
Intracoastal Waterway to the east. the municinal boundary
to the south. and the Florida East Coast Railroad (F.E.C.)
and Palm Boulevard (Northeast 4th Street) to the west. The
legal descrintion is more particularly described in Exhibit
1.1. Anpendix of the Federal Hie:hwav Corridor
Community Redevelopment Plan.
b. The Ocean District Community
Redevelopment Plan. The boundary is generallv described
as Northeast 3rd Avenue to the north. Seacrest Boulevard
to the west. F.E.C. Railroad to the east. and Southeast 2nd
Avenue to the south.
c. Bovnton Beach Boulevard
Corridor Plan. The boundary is generallv described as the
conunercially-zoned parcels located along Boynton Beach
Boulevard. east of Interstate 95. and west of Seacrest
Boulevard. The area is more particularlv defined on the
Location Map on page 2 of the Bovnton Beach Boulevard
Corridor Plan.
4. Development Standards.
a.
setback reauirements:
Front yard
Side (interior) yard
Side (comer) yard
Rear vard
Parcels shall have the following
five (5) feet to fifteen (15) feet
zero (0) feet to fifteen (15) feet
ten (10) feet to fifteen (15) feet
shall be defined bvthe applicable
zoning district regulations:
b. Maximum building heie:ht shall be
defined by the applicable zoning district rell:Ulations:
c. Maximum lot coverage for
buildinlZ( s) shall be 40 percent:
d. Foundation landscaping and trees
are reconunended to be installed within the reduced
building setback areas. between the building(s) and
property line( s). particularlv. where adiacent or visible from
public and I or private rie:hts-of-way.
C-I OFFICE AND PROFESSIONAL COMMERCIAL
DISTRICT. C-3
3. Building and site regulations. No building
or portion thereof shall be erected, constructed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum rear yard
Minimum side yards
Maximum structure height
75 feet
120 feet
9,000 square feet
40 percent
30 feet!
20 feet
10 feet*l
30 feet, not to exceed 2
stories**
IParcels located within the Urban Commercial District
Overlav Zone are subiect to the required building setbacks
pursuant to Chanter 2. Section 8.5.B.3.
*When abutting residential district, side and/or rear yards
shall be thirty (30) feet.
C-2 NEIGHBORHOOD COMMERCIAL DISTRICT.
3. Building and site regulations. No building
or portion thereof shall be erected, constructed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(comer lots)
Minimum rear yard
Maximum structure height
50 feet
100 feet
5,000 square feet
40 percent
30 feet
15 feet4<l
20 feet on side street!
20 feet*
25 feet, not to exceed 2
stories
IParcels located within the Urban Commercial District
Overlay Zone are subject to the required building setbacks
pursuant to Chapter 2. Section 8.5.B.3.
*When abutting residential districts, side and/or rear yards
shall be thirty (30) feet.
C-3 COMMUNITY COMMERCIAL DISTRICT
3. Building and site regulations. No building or
portion thereof shall be erected, constructed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum side yard
75 feet
15,000 feet
40 percent
20 feeti
Nond- (see Notes
(interior lots) a and b)
15 feet street sidd-
(see Note b)
20 feet (see Notes b and c)
45 feet, not to exceed 4
stories
IParcels located within the Urban Commercial District
Overlay Zone are subiect to the required building setbacks
pursuant to Chapter 2. Section 8.5.B.3.
Minimum side yard
(corner lots)
Minimum rear yard
Maximum structure height
a. "Where rear access is not available from a
public street or alley, a side yard of not less than fifteen
(15) feet shall be provided on one side.
C-4 GENERAL COMMERCIAL DISTRICT.
3. Building and site regulations. No building
or portions hereof shall be erected, con-structed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(corner lots)
50 feet
100 feet
5,000 square feet
40 percent
25 feet!
15 feet one side*l
15 feet on street
side4<l
20 feet.
45 feet not to exceed 4
Minimum rear yard
Maximum structure height
stories
Iparcels located within the Urban Commercial District
Overlav Zone are subject to the required buildin2 setbacks
pursuant to Chapter 2. Section 8.5.B.3.
*When abutting residential districts, side and/or rear yards
shall be thirty (30) feet.
Q(.....
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM D.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon,) ~ June 7, 2005 May 16, 2005 (Noon)
D April 19, 2005 April 4,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM ~ Public Hearing ~ Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
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RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request
be approved on April 26, 2005. Further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-272.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Florida Public Utilities (ABAN 05-001)
Christopher Canino
Florida Public Utilities Company
South side of Old Boynton Road approximately 300 feet west of Winchester Park
Boulevard
Request to abandon a portion of an unimproved 30- foot wide road.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
~~
City Manager's Signature
Development Depa
!vc)'1. ~
Planning and Z. irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-00 I \Agenda Item Request Florida Public Util ABAN 05-001) 6-7-05.dot
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 05-0ab
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF THE REMAINING PORTION OF AN
UNIMPROVED 30 FOOT WIDE ROAD RIGHT-OF-
WAY LOCATED ON THE SOUTH SIDE OF OLD
BOYNTON ROAD; (ABAN 05-001), SUBJECT TO
ST AFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED WITH THIS ORDINANCE IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Public Utilities is requesting abandonment of the remaining
portion of an unimproved, 30 foot wide road right-of-way located on the south side of Old
Boynton Road approximately 300 feet west of Winchester Park Boulevard, situated between a
small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel of land
to the west used as a water retention area for Wal-Mart, subject to staff comments; 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
WHEREAS, staffhas determined that the roadway provides no public service; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon the remaining portion of an unimproved, 30 foot wide road right-of-way located on the
south side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard,
situated between a small parcel of land to the east (owned by the Florida Public Utilities) and a
large parcel of land to the west used as a water retention area for Wal-Mart, subject to staff
comments, and more particularly described in the attached Exhibit "A." A location map is
attached hereto as Exhibit "B."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
S:ICAIOrdinanceslAbandonmentslAbandonment. Portion of Old Boynton OS.001.doc
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FIRST READING this -.fL day of IrI ~
SECOND, FINAL READING AND PASSAGE THIS _day of
,2005.
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:ICAIOrdinanceslAbandonmenlslAbandonment . Portion of Old Boynton 05-001.doc
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
the remaining portion of an unimproved, 30 foot wide road right-of-way located on the south
side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard,
situated between a small parcel of land to the east (owned by the Florida Public Utilities) and
a large parcel ofland to the west used as a water retention area for Wal-Mart, subject to staff
comments, and more particularly described in the attached 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 May, 2005.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito
City Clerk
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is the act and deed of said
corporation.
WITNESS my hand and official seal in the said State and County this _ day of
May, 2005.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA\OrdinanceslAbandonmenlslAbandonmenl - Portion of Old Boynton OS-001.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-272
TO:
Chair and Members
Planning & Development Board
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Eric Lee Johnson, AICP
Planner
~
DATE:
April 18, 2005
SUBJECT: Abandonment of a portion of a 30-foot right-of-way
ABAN 05-001
NATURE OF REOUEST
Mr. Christopher Canino, representing Florida Public Utilities, is requesting to abandon a portion of an unimproved
30-foot right-of-way, located on the south side of Old Boynton Road. This unimproved right-of-way is situated
between a small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel of land to the
west used as the water retention area for Wal*Mart. The abandonment request was submitted on October 12,
2004. The platted right-of-way is 30 feet wide and slightly more than 250 feet long. It is described as follows:
A portion of the 30-foot right-of-way lying west of and adjacent to Tract 42 as shown on the SUBDlVISON
of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to the plat thereof
recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said portion lying
South of the right-of-way line of Old Boynton Road (as currently laid out and in use) as recorded in O.R.B.
4276, Page 1105 of the Public Records of Palm Beach County, Florida, and more particularly described as
follows:
BEGINNING as a point on the west line of said Tract 42, 20 feet south of its original northwest tract corner
(said point being on the existing south right-of-way line of Old Boynton Road), thence run southerly along
said west line of Tract 42, a distance of 252.13 feet to a point on the north line of a drainage easement as
described in O.R.B. 10939, Page 1451, Public Record of Palm Beach County, Florida, thence run westerly
along said north line of said drainage easement a distance of 30 feet to a point on the east line of Tract 45
as shown on aforesaid plat of the SUBDIVISION of Section 19 (said east line being also the east line of Tract
"A" (stormwater easement) of the plat of WAL *MART AT BOYNTON BEACH, as recorded in Plat Book 94,
Pages 140 & 141, of the said Public Records of Palm Beach County, Florida), thence run northerly along the
east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way line of
said Old Boynton Road, thence run easterly along said south right-of-way line a distance of 30 feet to the
POINT OF BEGINNING.
Subject to a 15 foot utility easement over the west 15 feet thereof.
Although not indicated on the sketch, the applicant has informed staff that the subject right-of-way is 0.17 acres in
area. The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit
"B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is
a description of the land uses and zoning districts of all properties that surround the subject right-of-way.
Page 2
Memorandum No. PZ 04-272
ABAN 05-001
North -
Right-of-way for Old Boynton Road, then farther north is developed commercial (Boynton
Beach Mall), zoned Community Commercial (C-3);
South -
Undeveloped drainage easement within the Wal*Mart Supercenter, farther south is an
access driveway into the Wal-Mart Supercenter, zoned Community Commercial (C-3);
East
Undeveloped property currently owned by Florida Public Utilities, zoned Community
Commercial (C-3), then further east is developed commercial property (Steak & Shake),
zoned Community Commercial (C-3), still farther east is right-of-way for Winchester Park
Boulevard; and
West -
Developed commercial (retention area and then further west is the main access road for
Wal*Mart), zoned Community Commercial (C-3).
BACKGROUND
Wal*Mart Stores, Incorporated, received site plan approval in August of 1999 to develop a Wal*Mart Supercenter
Store, located on the northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard. The plat,
originally approved in 1917, showed a 30-foot wide street right-of-way running north to south across the subject
property. The majority of said 30-foot right-of-way had been previously abandoned and incorporated within the
Wal*Mart property. The subject abandonment request is for the remaining unimproved road right-of-way, that
fronts on Old Boynton Road and runs southward, terminating along the northern boundary line of an east-west
drainage easement. At one time, this unimproved roadway segment was part of a series of rights-of-way, most of
which were abandoned in February of 2000 per Ordinance 00-005 and became part of the Wal*Mart development.
This abandonment request would complete the abandonment of the entire right-of-way. The property located
directly to the east of the subject right-of-way is owned by Florida Public Utilities. It formerly operated as a Gate
Station but is currently operating as a Regulating Station for Florida Public Utilities.
ANALYSIS
When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would
be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting
property owner and the other half is conveyed to the other abutting property owner. Adequate public notice was
given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development
Regulations. All public utility companies have been notified and the abandonment request has been advertised in
the local newspaper. The applicant requesting this abandonment is the owner of the property to the east, Florida
Public Utilities
When this request for abandonment was originally submitted in October of 2004, the applicant provided a sketch
showing only a portion of the unimproved roadway to be abandoned, leaving a segment of the right-of-way intact.
No public utility providers had issue with the subject request. However, upon further review, the City's Utilities
Division recommended that the applicant revise the sketch and intended abandonment to include the entire defunct
right-of-way to avoid any remnants. The applicant revised the sketch and re-submitted the request for
abandonment. A summary of the responses from the utility companies and city staff is noted as follows:
Page 3
Memorandum No. PZ 04-272
ABAN 05-001
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
No objection
Approval with conditions (see Exhibit "C" - Conditions of Approval)
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No response (see Exhibit "CIf - Conditions of Approval).
No objection
No objection
No objection
N/A
Excluding Florida Power and Light, all public utility providers have indicated that they have no objection to the
applicant's request for abandonment. As of today, no response has yet been received from Florida Power and Light.
No abandonment request would be complete until an affirmative response is received (see Exhibit "CIf - Conditions
of Approval). Also, the Utilities Division is requiring that a utility easement be dedicated over the western half (15
feet) of the abandoned portion of the right-of-way. A dedication of a utility easement would grant the City legal
access to the property for maintenance or upgrade purposes.
RECOMMENDATION
Staff has determined that the subject right-of-way does not serve a public purpose, and therefore is recommending
approval of the request to abandon the 3D-foot unimproved roadway as described above, subject to the comments
included in Exhibit "CIf - Conditions of Approval. Any additional conditions recommended by the Planning &
Development Board meeting or City Commission will be placed in Exhibit "CIf - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-001\Staff Report.doc
VIII.-PUBLIC HEARING
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D Apri] 5, 2005 March ]4,2005 (Noon.) D June 7, 2005
D Apri] ] 9, 2005 Apri] 4, 2005 (Noon) [8J June 2], 2005
D May 3,2005 Apri] ]8,2005 (Noon) D Ju]y 5, 2005
D May ]7,2005 May 2, 2005 (Noon) D Ju]y ]9,2005
Date Final Form Must be Turned
in to City Clerk's Office
May ]6, 2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
Ju]y 5, 2005 (Noon)
.,')
) --i
..::,-<
D Administrative D Development Plans
NATURE OF [8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
("..)
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RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under Consent
Agenda. The Planning and Developoment Board recommended that the subject request be approved on May 24,2005.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-068.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Jeffrey Smith Variance (ZNCV 05-001)
Jeffrey Smith
Jeffrey Smith
2525 Southwest 14th Street
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5.C.2, requiring a twenty-five (25) foot rear yard building
setback to allow a 10-foot variance, resulting in a 15-foot rear yard building setback for
an existing hard roof screen enclosure within the R-l-AA Single-family Residential
zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVES: ~ J ~/~. ."
Develop~~r
2_ C) '-L /---
Planning and z~ Director City Attorney / Finance / Human Resources
S:\P]anning\SHARED\ WP\PROJECTS\2525 SW 14th Street\Agenda /tern Request Jeffrey Smith Vafr ZNCV 05-001.6-2] -05.dot
~
City Manager's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-068
STAFF REPORT
To:
From:
Chair and Members
Planning and Development Board and City Commission
.~
Michael RumpfltLJ .
Planning and Zoning Director
Eric Lee Johnson, AICP ~
Planner 0
Th ru:
Meeting
Date: May 24, 2005
File No: ZNCV 05-001 - Rear yard setback
Location: 2525 Southwest 14th Street
Owner: Mr. Jeffrey Smith
Project: Solid-roof screened enclosure addition to a single-family detached home on a parcel
zoned R-1-AA.
Request: Request for relief from Chapter 2, Zoning Section 5.C.2, requiring a twenty-five (25) foot
rear yard setback to allow a 10-foot variance, resulting in a 15-foot rear yard setback
within the R-1-AA Single-family Residential zoning district.
BACKGROUND
The subject property is currently zoned R-1-AA, single-family residential (see Exhibit "A" - Location
Map). It is located on the west side of Southwest 14th Street, just south of Southwest 25th Avenue. The
lot was platted on September 27, 1961 as part of the Golf View Harbour 2nd Section subdivision. Both
the lot, which is dimensioned 76.67 feet wide and 105 feet deep, and the existing house, conform to the
current R-1-AA zoning district regulations. It should be noted that the abutting lots, located directly to
the rear (west) of the subject property are zoned R-3 Multi-family Residential. Likewise, they also were
platted in 1961 as part of the Golf View Harbour 2nd Section subdivision. The entire neighborhood is
built-out with no remaining vacant lots.
On April 23, 2003, Servinex Corporation, on behalf of the applicant, submitted a permit application to
the Building Division in order to construct a solid-roof screened enclosure to the rear of the existing
house. However, on October 23, 2003, the permit application #03-1418 was denied and subsequently
red-tagged by the Building Division because the structure lacked necessary permits and was constructed
10 feet into the rear setback. The structure violates Chapter 2, Section 5.C.2 of the Land Development
Regulations. The Building Division informed the Code Compliance Division and Case No. 03-2938 was
opened. At the Code Compliance Board held on October 20, 2004, staff recommended that the
applicant comply with the setback requirements of Land Development Regulations by April 15, 2005 or
be subject to possible fines. The applicant's case is now tentatively scheduled for the May 18, 2005
Code Compliance Board meeting. Meanwhile, the applicant submitted this variance request on March 9,
2005. It is likely that Code Compliance staff will recommend tabling the case while the variance request
is reviewed.
Page 2
Smith Variance
File No. ZNCV 05-001
The required building setbacks of the R-1-AA zoning district are as follows:
· Front and Rear setback: 25 feet;
· Side setback: 7.5 feet if lot is platted prior to June 13, 1975
The existing solid-roof screened enclosure does not meet the 25-foot rear setback requirement so
therefore, a 10-foot variance is requested. It should be noted that on June 14, 1971, many of the lots
on Block 19 of Golf View Harbour Estates 2nd Section (to the north of the subject property), were given a
blanket variance to allow a rear building setback of 20 feet rather than 25 feet.
ANALYSIS
The code states that the zoning code variance cannot be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures or buildings in the same
zoning district.
b. That the special conditions and circumstances do not result from the actions of the applicant.
c. That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
f. That the grant of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Staff reviewed the requested variance focusing on the applicant's response to the above criteria
contained in Exhibit "0". With regards to the applicant's response to criteria ''a'' and ''b'; no
circumstances appear to be peculiar to the land on which this variance is being sought. It is noted that
the subject property abuts (to the rear) multi-family residential zoning, namely the R-3 zoning district.
But, the rear building setback of the R-3 zoning district is 40 feet and would not be a factor to consider
in this variance application. Therefore, staff does not concur with the applicant's justification that
special conditions and circumstances exist, related to lot configuration, which are not the result of
actions by the applicant. Based on this information staff has found no evidence of a hardship. In fact,
this is a self-created hardship due to the negligence of the applicant's contractor. Despite the responses
by the applicant, a variance is to be granted on the basis of a hardship, which is established by
characteristics other than those created by the landowner, or previous owner(s) as a result of various
site improvements or alterations. The emphasis of criteria "a", "b", or "e", in order to justify a hardship,
is based upon natural or unique limitations relative to other properties within the neighborhood or
similarly zoned.
Page 3
Smith Variance
File No. ZNCV 05-001
Staff does not concur with the applicant's arguments related to special privileges. Denial of this variance
request would not deprive the applicant of the rights already enjoyed by others owning standard sized
lots within this subdivision. Therefore, criteria "c"and "d"are not satisfied.
With respect to criterion "e" above, which considers if the request is the minimum necessary to make
possible the reasonable use of the property regardless of the placement on the lot, any substantial
building addition to this single-family dwelling would still encroach into the rear setback. The proposed
variance would allow improvements that permit "reasonable" use of the property, and which may
contribute to an increase in the property value. Further the current trend within the city, as evidenced
by newly constructed and redeveloped homes, tends to encourage similar improvements regardless of
lot constraints.
Regarding the intent of the zoning regulation, and impacts on adjacent properties, staff acknowledges
that if the standard building envelope (and likewise for solid-roof screened enclosures) are expanded
closer to property lines, the impacts on adjacent properties can include reduced light, air flow, and
views. However, this is not the case with this particular request, due to the size of the proposed 1S-foot
setback, of which, the city staff endorses through the proposed amendments to the Land Development
Regulations, namely the proposed Rear Yard Setback Reduction. The Rear Yard Setback Reduction is
analyzed and summarized as follows:
According to PZ Memorandum 05-050, "staff reviewed numerous old variance
applications to determine the extent to which the requests encroached into the required
setbacks. It was determined that the rear setback variance was most frequently
requested. This in many ways makes sense, since it is typically the largest area of the
yard in which to expand the house, an addition to the rear of the house usually better
integrates with the existing floor plan, and the addition would generally be further
. removed from street noise. Additionally, staff examined the existing land development
regulations and those from the previously adopted code to gain a better understanding
of the rules under which many of the homes where constructed. This insight into the
built environment helped form the basis for recommended changes to the land
development regulations. Again, understanding the Commission's desire to promote
home improvements and expansions without a complex process and onerous hardship
criteria, without degrading neighborhood quality, staff has proposed the following
modifications (see also Exhibit "A"):
Reduction in rear yard setback requirements from 25 feet to 20 feet in all single-family
districts; and
Creation of an Administrative Adjustment (like currently existing in the code for
non-conforming lots) to allow additional reductions in all yard setbacks. The proposed
adjustments are minimal, again like those currently in the code for non-conforming lots,
and would look something like this for a R-1-AA single-family lot, platted prior to June
13, 1975:
Front Setback - 25 feet
Rear Setback - 20 feet
Side Setback - 10 feet
With Administrative Adjustment - 20 feet.
With Administrative Adjustment - 15 feet.
With Administrative Adjustment - 8 feet.
These proposed amendments were heard by the City Commission on May 17, 2005. Previously, both
the Planning and Development Board and the Community Redevelopment Agency Board reviewed the
proposed setback amendments and recommended their approval to the City Commission.
Page 4
Smith Variance
File No. ZNCV 05-001
The proposed solid-roof screened enclosure would be setback 15 feet from the north property line and
over 30 feet from the south property line. Furthermore, it would be one (1) story tall and represent only
a little more than one-third of the lot width. Therefore, it would have no impact on light, air flow, or
views to the neighboring properties. Lastly, staff finds that granting of the variance would not be
injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement
would be consistent with the existing characteristics of the neighborhood, (i.e. lot sizes, lot frontages,
house sizes, and house styles).
CONCLUSIONS/RECOMMENDATION
Staff concludes that the approval of the requested variance would enhance the community by
supporting home improvements in the neighborhood without negative impacts upon the neighborhood
or city, due to the fact that it would be consistent with the proposed revisions to the Land Development
Regulations via the adoption of the Rear Yard Setback Reduction. Therefore, staff recommends that the
requested variance be approved, thereby granting relief from the Land Development Regulations,
Chapter 2-Zoning to allow:
· A 10-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 15-
foot rear yard setback.
However, the approval of the variance shall be contingent upon the adoption of the proposed revision to
the Land Development Regulations currently being proposed by staff (see Exhibit "E" - Conditions of
Approval). Any conditions of approval added by the Planning and Development Board or City
Commission will be placed in Exhibit "E" - Conditions of Approval.
MR/elj
S:\Planning\SHARED\WP\PROJECTS\2525 SW 14th Street\Staff Report.doc
IX. - CITY MANAGER'S
REPORT
ITEM A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0
0 April 19, 2005 April 4, 2005 (Noon) l:8J
0 May 3, 2005 April 18, 2005 (Noon) 0
0 May 17,2005 May 2, 2005 (Noon) 0
NATURE OF
AGENDA ITEM
o Administrative
o
o
o
o
l:8J
Consent Agenda
Public Hearing
Bids
Announcement
City Manager's Report
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
June 7, 2005 May 16,2005 (Noon)
June 21, 2005 June 6, 2005 (Noon)
July 5, 2005 June 20, 2005 (Noon)
July 19,2005 July 5, 2005 (Noon)
0 Development Plans
0 '-.'c_
New Business ...-"
>c:"
0 Legal [,-:)
0 Unfinished Business w
0 Presentation u
...
~.....J
-<
~.' -~i
C.::
..., -....
-:~ -'"-
~'riw
U1 ;:~~
r~_':j rq n
RECOMMENDATION: Accept the report from staff summarizing activities related to the contemplati6n
ofa lease agreement with the Woman's Club, which would have allowed the City to manage and operate
the Woman's Club building.
EXPLANATION: In early 2002 City staff met with Woman's Club representatives to begin development
of an agreement. The Woman's Club was dealing with operations and maintenance issues that exceeded
their resources. Compounding the challenge, enrollment in the Woman's Club was declining. Since
then, the Woman's Club has experienced an increase in rental revenue, completion of several capital
improvement projects, and the addition of twenty (25) new members.
PROGRAM IMPACT: Considering these recent events, the Woman's Club believes that at this time it
would not be in their best interest to pursue a lease agreement with the City.
FISCAL IMPACT: None
ALTERNATIV,ES: Ask the woman's, Club to recons:der pursuing ~= the City.
City Manager's Signature
Recreation & Parks
Department Name
S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM. DOC
City Attorney / Finance / Human Resources
TO:
VIA:
FROM:
DATE:
SUBJECT:
RECREATION & PARKS DEPARTMENT
MEMORANDUM NO. 05-61
Kurt Bressner, City Manager
Wilfred Hawkins, Assistant City Manager
Wally Majors, Recreation & Parks Director
June 18,2004
March 2002
Woman's Club Recap Report
March-May
2002
May 7, 2002
Received memorandum from Wilfred Hawkins regarding the development of a proposal
to operate and manage the Woman's Club building.
Staff met with Woman's Club representatives to begin development of an agreement that
would allow the City to manage and operate the facility in a manner that would
acknowledge the historical significance of the building and the vested interest of the
Woman's Club membership.
City Commission approved staff's recommendation to negotiate a lease agreement with
the Woman's Club to develop a partnership that would address the long-term
maintenance and operational needs, while maintaining the historical integrity ofthe
building. Additionally, the Commission approved up to $12,000 for an analysis of the
building by a qualified architectural firm.
September 2002 Began meetings with Woman's Club negotiating committee. They were advised that a
formal lease agreement would be necessary to enable the use of public funds to operate
and manage the building.
November 2002 Woman's Club submits initial proposal to the City.
February 2003 Draft Lease Agreement is completed and reviewed by City Attorney's office.
March 2003 Woman's Club negotiating committee endorses proposed Lease Agreement.
April 28, 2003 The Board of the Woman's Club unanimously approves the proposed Lease Agreement.
May 2,2003 Woman's Club membership approves proposed Lease Agreement.
August 2003 Insurance appraisal of the building is completed.
April 2004 Commission accepts PBS&J, Inc.'s proposal to conduct a condition assessment of the
building.
June 2004 Commission receives condition assessment report.
May 2005 In the past year the Woman's Club has experienced an increase in rental revenue,
completion of several capital improvement projects, and the addition of twenty-five
(25) new members. Considering these recent events, the Woman's Club believes
that at this time it would not be in their best interest to pursue a lease agreement
with the City. However, they want to maintain a positive relationship with the City
in case it becomes necessary to revisit this opportunity in the future.
/wm
XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 AprilS, 2005 March 14,2005 (Noon.) r81 June 7, 2005
0 April 19, 2005 April 4, 2005 (Noon) D June 21, 2005
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005
D May 17,2005 May 2,2005 (Noon) D July 19,2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
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D Administrative D Development Plans
NATURE OF D Consent Agenda r81 New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
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RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda under New
Business for preliminary consideration of a requested code amendment. Staff recommends that the continued processing of
this item be approved. If supported by the Commission, staff will complete its analysis of this request, and then present it to
the Planning and Development Board prior to returning for [mal Commission consideration. Staff anticipates supporting this
request, possibly with modifIcations to address compatibility and roof-top equipment, etc. See attached correspondence from
Shayne Conover, agent representing the request, as well as department memorandum #05-084 for further explanation of this
proposed amendment.
EXPLANATION:
PROJECT:
Maximum building heights in Public Usage Zoning District -hospitals
(CDRV 05-012)
Shayne Conover, Kilday & Associates
N/A
City wide (Public Usage (PU) zoning district)
Preliminary review of request to amend the Land Development Regulations, Chapter 2
Zoning, Section 5(J)(2) to increase maximum building height for hospitals from 45 feet to
75 feet, while retaining existing maximum floor provision of four (4) stories.
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES'
~
City Manager's Signature
Develo ment D artment D' ector
],,{) ~~
Planning and Zo n Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REYIEw\CDRY 05-012 building height - hospitals\Agenda Item Request Bethesda Mem.Hosp CORY 05-
012.6-7-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 05-084
FROM:
Kurt Bressner,
City Manager
Quintus Greene, ~
Development DireKc1v\.
--(l(J~
Michael Rumpf,'
Planning & Zoning Director
May 18, 2005
Maximum building heights in Public Usage Zoning District -hospitals
(CDRV 05-012)
Preliminary review of proposed code amendment
TO:
THROUGH:
DATE:
RE:
Staff has received a request to amend the Land Development Regulations, Chapter 2 Zoning, Section
5(J)(2) to increase maximum building height for hospitals from 45 feet to 75 feet, while retaining the
existing maximum floor provision of four (4) stories. This amendment would be to the Public Usage
(PU) zoning district, and more specifically to hospitals. The consulting firm Kilday & Associates, Inc.
has submitted this request on behalf of representatives for the Bethesda Memorial Hospital. The
request has been made to facilitate the planned addition of the comprehensive heart center to the
existing hospital.
Current zoning regulations limit buildings in the Public Usage zoning district to a maximum of 45 feet,
and to a maximum of four (4) stories. Exceptions to the maximum height are allowed pursuant to
Chapter 2. Zoning, Section 4.F, which permits certain ancillary elements of a building to extend above
the maximum height conditioned upon stated criteria and ultimate Commission approval. Justification
of the subject amendment is based on limitations of the existing site, and functional and equipment
needs unique to the hospital. A cross-section of the proposed addition indicates that the location
would be over the existing ambulance port, that the next floor would be devoted to mechanical
equipment and exceed 6 feet, nearly 6 feet is required between the 3rd and 4th levels and between the
4 th level and the roof, and that each of the two occupied floors (levels #3 and #4) would have a
minimum of 9 feet from floor to ceiling. Correspondence from the applicant reads as follows:
'The necessity of the proposed height of this expansion is due to
the fact that all the hospital infrastructure to serve the surgical
center and patient rooms, such as telecommunications, heating and
ventilating, oxygen, etc. will run between each floor." , and
'The hospital must have the necessary clearance between each
floor to be able to add more clinical space otherwise the facility
would be limited to build only office space. ... There is no
opportunity for the hospital to secure adjacent property for
expansion so they are forced to build vertically to be able to
continue to provide medical services to a growing population. "
Page 2
Elevation drawings indicate that the roof would be at a height of 55 feet, the top of the parapet would
be at 59 feet, and the highest point would be 72 feet at the roof of the stairwell.
The zoning regulations have historically recognized the special height needs of the hospital and its
related buildings, as it includes a special height provision within the C-1 zoning district allowing it to
45 feet compared to all other buildings which are limited to 30 feet.
If directed to continue processing this request, staff will more closely examine the corresponding site
plans, consider location in proximity to adjacent neighborhoods, and possibly consider more
preferable code language regarding maximum height and roof-top equipment. For example, staff may
alternatively recommend that the maximum height be lowered to approximately the height of the main
building, and continue to process height exceptions as warranted for eligible structural elements.
A code amendment intended to accommodate a single property or use is typically contrary to
standard practice; however, staff supports the further review of this item given the uniqueness of a
comprehensive hospital (Le. internal function and needs, location within a campus setting with ample
setback from adjacent properties, etc.), and based on the apparent logic and reasonableness
justifying the request.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-012 building height - hospitals\Preliminary review memo.doc
Kilday & Associates
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 . Fax (561) 689-2592
E-Mail: info@kildayinc.com
May 11 , 2005
Mr. Ed Breese, Principal Planner
City of Boynton Beach
Planning Division 2nd Floor
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
Re: Code Review Request for Bethesda Memorial Hospital
Comprehensive Heart Center
Our File No. 352.23
Dear Mr. Breese:
Thank you very much for the comments based on your review of the Code Review
request that was submitted to your office on May 6, 2005. Based on our phone
conversation yesterday, you mentioned that it is Planning staff's recommendation that
the following revision be made to the proposed code language. This revision would
identify the maximum structural height allowed in the City of Boynton Beach in the
Public Usage (PU) zoning district specifically for Hospitals. This Code Review request
is to deviate from Chapter 2.5.J.2. and to revise the code language to read as follows
(proposed chanaes shown in bold and underlined) :
2. Building and site regulations. No
building or portion thereof shall be erected, constructed
converted, established, altered enlarged or used unless
the premises and building comply with the following
regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum structural height
Maximum structural heiaht
(Hospital Only)
75 feet
8000 square feet
25 feet
15 feet, each side*
25 feet*
45 feet, not to
exceed four (4)
stories
75 feet, not to
exceed four (4)
stories
Mr. Ed Breese
May 11 , 2005
Page 2 of 2
As outlined in my letter to you dated May 6th, this revision is being requested due to the
fact that there are unique conditions that apply to Hospitals in comparison to other
structures or buildings that are in the Public Usage (PU) zoning district. Therefore, the
request is necessary to allow the hospital to construct the proposed Comprehensive
Heart Center, in excess of the current height requirement.
Thank you for your continued assistance.
Sincerely,
~~La-~~~L
Shayne Cof:1oVer / t;
cc: Bob Broadway (Bethesda Memorial Hospital)
Tom Porter (Bethesda Memorial Hospital)
Mike Rumpf (City of Boynton Beach)
H:/Client/352.23/Correspondence/Breese letter.5-11-05.doc
XI. - NEW BUSINESS
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
D April 5,2005
D April 19, 2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
D June 7, 2005
~ June 21, 2005
D July 5, 2005
D July 19,2005
April 4, 2005 (Noon)
April 18, 2005 (Noon)
May 2, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
RECOMMENDATION: Discuss Sister City representation
May 16,2005 (Noon)
June 6, 2005 (Noon) c:.
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June 20, 2005 (Noon)
July 5, 2005 (Noon) I
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~ New Business +"
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D Legal
D Unfinished Business
D Presentation
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EXPLANATION: Jeanne Heavilin, Chair of the Sister City Committee has asked to relay information to the City
Commission on two topics:
1. Invitation for a member of the City Commission to sit on the Sister City Committee. Their main objective this year
is to seek out and retain a second Sister City relationship with either a community in the Caribbean or Ireland (or
both).
2. Determination of whether the City is willing to designate an elected official to participate in a trip to Qufu, China in
late July and whether the City Commission will authorize the use of City funds to pay for the costs of the trip by a
City representative. The Mayor has indicated that his schedule does not allow a trip this year, in the event a trip is
authorized.
PROGRAM IMPACT: The City has an established relationship with the City ofQufu via Sister Cities International. This
request enhances the level of participation and representation from the City organization. The public purpose served is to
afford government to government meetings with City officials of Qufu, China.
FISCAL IMP ACT: Estimated cost of the trip, if authorized is approximately $2,900, inclusive of ground transportation
and accommodations. Side trips and travel costs for spouses or guests are not eligible for reimbursement. Per Diem and
travel expenses not included in a package tour cost would to be reimbursed on the basis set forth in Ordinance 03-049.
AL TERNA TIVES: 1. Do not authorize City Commission representation on the Committee or the trip.
2. Authorize City Commission representation on the Committee but require that the trip be paid
_~~withP'ivatefund'. ~
Department Head's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Manager's Signature
TENTATIVE ITINERARY & COST: QUFU DELEGATION
Sunday, July 24th
Monday, July 25th
Monday, July 25th
Tuesday, July 26th
Wednesday, July 2ih
Thursday, July 28th
Friday, July 29th
Saturday, July 30th
Saturday, July 30th
Sunday, July 31 st
Monday, August 1 st
Tuesday, August 2nd
Wednesday, August 3rd
Wednesday, August 3rd
Thursday, August 4th
Friday, August 5th
Saturday, August 6th
Sunday, August ih
May 28, 2005
Beijing-Qingdao- Xian-Qufu-Shanghai
Sunday, July 24 - Saturday, August 6
Leave WPB
Arrive Beijing (two nights 7/25-26)
Rest & Sightseeing - Beijing
Meetings - Beijing
Meetings - Sightseeing - OvernightTrain
Arrive Qingdao (two nights 7/28-29)
Meetings - Sightseeing - Qingdao
Meetings - Sightseeing - Qingdao
Leave Qingdao - overnight train
Arrive Qufu (three nights 7/31-8/1 ,2)
Meetings - Sightseeing - Qufu
Meetings - Sightseeing - Qufu
Leave Qufu - (Airfare Jinan to Xian)
Arrive Xian (two nights Xian 8/3-4)
Sightseeing - Xian
Arrive Shanghai (airfair)
Sightseeing - Shanghai (two nights 8/5-6)
Leave Shanghai via Pudong Airport
In China travel (in bold)
Airfare(r/t)
$200
Hotel
Hotel
$30
$175
Hotel
Hotel
$25
$75
Hotel
Hotel
$107
$200
Hotel
$153
$200
$987
ORDINANCE 03- 04Q
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER ill COMPENSATION.
OF THE PERSONNEL POLICY MANUAL BY CREATING
A NEW SUBSECTION 09. ENTITLED "TRAVEL
REIMBURSEMENT"; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTNE
DATE.
WHEREAS, the Florida Legislature has enacted Chapter 2003-125, Laws of Florida to
larify that municipalities have Home Rule authority to enact per diem and travel allowances;
d
WHEREAS, the City administration has recommended transfer of the City's
egulations and procedures regarding travel and expense reimbursement for City employees
om the Code of Ordinances of the City of Boynton Beach to the Personnel Policy Manual; and
NOW, THEREFORE, BE IT ORDAINED BY mE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That the Personnel Policy Manual (PPM) Chapter m is hereby amended
y creating a new subsection in Chapter m. Compensation entitled "09. Travel
eimbursement", providing for per diem and travel expense policies and schedules, as follows:
ha ter III. Com ensation
Travel Reimbursement - Per Diem and travel ex ense schedule.
A Definitions. The following words shall have the meaning indicated:
(1) Officer or public officer: A member of the City Commission.
(2) Employee: Ani ndividual 0 n the city 0 ayroll whether commissioned 0 r not. 0 ther
than an officer. who is filling a regular or full time authorized position and is
responsible to the city.
- Travel
(3) Authorized person:
a. A person other than a public officer or emDloyee as defined herein.
whether elected or commissioned or not. who is authorized by the city to
incur travel expenses in the performance of his official duties.
b. A person who is called upon by the city to contribute time and services as
consultant or advisor.
c. A person who is a candidate for an executive or Drofessional position with
the city.
Traveler: A public officer. public employee. or authorized person. when
authorized travel.
(6) Common carrier: Train. bus. commercial airline operating scheduled flights. or
ental cars of an established rental car firm.
(7) Travel dav: A period oftwentv-four (24) hours consisting of four (4) quarters of
IX 6 hours each.
(8)
etum.
Travel Deriod: A period of time between the time of departure and time of
(10) Class B travel: Continuous travel of less than twenty-four (24) hours which
'nvolves overni t absence from official head uarters.
(II ) Class C travel: Travel for short or day trips where the traveler is not away from
is official head uarters overni t.
B. Ex ense Allowance for Public Officials
Public Official shall receive. in lieu of reimbursements. a monthly expense allocation to
cover travel and expense expenditures. The amount of expense allocation shall be
established. and may be amended. by resolution of the City Commission.
C. Reimbursement for Emplovees and Authorized Persons
(I) All travel by an enlDloyee or authorized person must be authorized and
aDproved bv the City Manager. or hislher designee. prior to the time of travel. Such reauests
should not be authorized unless it is accompanied. Drior to the time of travel. bv a signed
S:\CA\OrdinanceslAdministralive\Revlsed 091203 PPM Amendments - Travel
Reimbursement.doc8:\C.~\OFEliAaAGesl.l\dmiAi8trali\l&\?PM !\meAdmeAts TFavel Relmbl.lrsemeAl-Q9G
(2)
ed to
travel time or reimbursement. For
fractional da of travel the followin
(2) A traveler shall not be reimbursed on a per diem basis for Class C travel. but
hall receive subsistence as rovided in this section which allowance for meals shall be
ased on the followin schedule:
a. Breakfast. when travel begins before 6:00 a.m. and extends bevond 8:00 a.m.
b. Lunch. when travel beltins before 11 :30 a.m. and extends beyond 2:00 p.m.
c. Dinner. when travel begins before 6:00 p.m. and extends beyond 8:00 p.m.. or
when travel occurs during nighttime hours due to special assignment. No allowance
shall be made for meals when travel is confined to the city or town of the official
headauarters for immediate vicinity: except assignments of official business outside
of the traveler's regular place of emplovment if travel expenses are approved.
er diem and subsistence allowance. For oses of reimbursement rates and
ethods of calculation er diem and subsistence allowances are divided into the followin
ou s and maximum rates to be determined b the ci :
All travelers mav be allowed for subsistence when traveling to a convention.
onference or trainin course or when travelin outside the state in order to conduct bona
Ide cit business which convention conference or business serves a direct and lawful
ublic ose with relation to the cit in either of the followin :
a. UP to fifty dollars ($50.00) per diem for travel in Florida.
b. UP to the amounts permitted in paragraph (4) below of this subsection for
meals. plus actual expenses for lodlring at a single occupancy rate to be substantiated
by paid bills therefor.
(2) All other travelers may be allowed same as subsection (1) hereof.
(3) When lodging or meals are provided at a state institution. the traveler shall be
eimbursed 0 nl for t he actual ex enses of 10d' or meals not to exceed the maximum
rovided for in this subsection.
(4) Meals onlv. All travelers may be allowed an amount for meals. while on
fficial business u to the followin amounts:
a. Breakfast. eight dollars ($8.00).
b. Lunch. twelve dollars ($12.00).
c. Dinner. twenty dollars ($20.00).
d. Total for twenty-four hour period. forty dollars ($40.00).
e. Additional amounts where special circumstances are appropriate as approved by
he ci mana er.
for
vi
Tmvel Reimllljf6emeAt.deG
ill
H. Other expenses. The following incidental traveling expenses of the traveler may be
reimbursed:
(1) Taxi fare.
(2) Ferry fares: and bridge. road and tunnel tolls.
(3) Storage or oarking fees..
S'\CA\Ordinances\Administrative\Revlsed 091203 PPM Amendments - Travel
Reimbursement.docS:\CA'.OraiRaRG9s\AElmiRiatrati':e\PPM ^.m9RameR16 Travel Reimll"'F69IReRt.asG
(4) Communication exoense.
I v erifv that the e xoenses I isted above were incurred bv me as necessary
travel exoenses in the oerformance of official City business and that m v
request for reimbursement is true and correct as to every matenal matter
Section 2. Should any section or provision of this ordinance or portion hereof,
y paragraph, 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 3. All Ordinances or parts of Ordinances, Resolutions or parts of
esolutions in conflict herewith be and the same are hereby repealed to the extent of such
onflict.
Section 4.
Authority is hereby granted to codify said ordinance.
Section 5.
This Ordinance shall become effective when the following has occurred:
(a) hnmediately upon passage for all employees not covered by a collective
bargaining unit; and
(b) For those employees covered under a collective bargaining agreement, when
a collective bargaining agreement ratifying the foregoing changes to the
Personnel Policy Manual has been ratified by the City Commission and the
bargaining unit, or their successor organization.
FIRST READING this ~ day of Serrt""~beR.. , 2003
SECOND, FINAL READING and PASSAGE this ~ day of
,2003.
ACH, FLORIDA
t
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI. - NEW BUSINESS
ITEM C.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4,2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20,2005 (Noon)
0 May 17, 2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda ~ New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the June 21, 2005 City Commission Agenda under New
Business for preliminary consideration of a request for code review. Staff recommends that the continued processing of this
item be approved. If supported by the Commission, this proposed change in permitted zoning use will be carried forward to
the CRA Board for their comments and approval before being advertised and brought forward for Commission consideration.
Staff has not completed its analysis and report, but proposes this item preliminarily based on its furthering of redevelopment
plans and initiatives. For further details pertaining to the request, see attached Department of Development Memorandum No.
PZ 05-092.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Condominium Hotels in Mixed Use Districts (CDRV 05-013)
Staff-initiated
Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity zoning districts
Preliminary review of request to amend the Land Development Regulations, Chapter 2,
Section 6.F. Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use
in the Mixed Use-High Intensity (MU-H) zoning district; as a conditional use in the
Mixed Use-Low Intensity (MU-L) zoning district; and to amend the defmitions of "Hotel"
and "Hotel, Extended Stay" to include condominium hotel units.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
hd A
Planning anhoni~~or
City Attorney / Finance / Human Resources
S:\Planning\sHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-013 Condo Hotels\Agenda Item Request _ June 21, 2005.dot
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-092
TO:
Chairman and Members
Planning and Development Board
Dick Hudson, AICP f):(-'
Senior Planner
Michael W. Rump;l\~
Director of Planning and Zoning
FROM
THROUGH:
DATE:
May 27, 2005
SUBJECT:
Condominium Hotels in Mixed Use districts
CDRV 05-013
NATIJRE OF REOUEST
Staff is proposing an amendment to the Land Development Regulations, Chapter 2, Section 6.F.
Mixed Use Zoning Districts to add "Hotel, Extended Stay" as a permitted use in the Mixed Use-
High Intensity (MU-H) zoning district; as a conditional use in the Mixed Use-Low Intensity (MU-L)
zoning district; and to amend the definitions of "Hotel" and "Hotel, Extended Stay" to include
condominium hotel units.
BACKGROUND
The development regulations for the Mixed Use-High Intensity/Mixed Use-Low Intensity zoning
districts currently list both "Hotel" and "Boutique Hotel" as permitted uses in the MU-H district.
Definitions are provided for both of these uses, as well as a definition for "Hotel, Extended Stay",
although "Hotel, Extended Stay" is not listed in the "Schedule of Permitted, Principal, Accessory
And Conditional Uses" (Table 6.F.l).
Recent pre-application conferences with prospective developers, as well as professional
conferences staff members have attended indicate that condominium hotels are becoming a
major component in the hospitality market in South Florida and in other vacation markets (see
attached article, Exhibit A). Additionally, one development recently approved in the City has
marketed hotel units as "Condominium Hotel units". Staff foresees additional requests for the
use and therefore is proposing the code review.
ANALYSIS
Due to the difficulty in obtaining conventional finanCing for hotel projects in recent years, the
"condominium hotel" or "condo hotel" has a become a popular product in the hotel industry. A
condo hotel is essentially a hotel where the individual rooms are owned by separate owners, as
opposed to having the entire block of rooms owned by a single hotel owner/operator. Since the
individual rooms are sold to separate owners, the overall condo hotel project can be financed
more like a residential condominium project, rather than a hotel, which has led to a surge in
their popularity among hotel developers in recent years.
Page 2
CDRV 05-013
Condominium Hotels in Mixed Use Districts
From an operational and appearance standpoint, a condo hotel essentially looks and functions
like any other hotel, with a management company in place to operate the facility and make
provisions for such things as a central reservation system, maid service, maintenance, etc.
Typically, all units are furnished the same for consistency purposes such that a hotel guest
would not be able to tell from outward appearance that the rooms were owned individually.
Since condo hotels are a relatively new concept that are likely to continue to grow in popularity,
many local governments in South Florida are now revisiting their land development regulations
and making revisions as necessary to address the attributes of such projects and to ensure that
the facilities truly operate as hotels and not residential developments. For example, since the
condo hotel rooms are owned by individual owners who may choose to occupy the hotel room at
some time during the year, local governments are putting maximum length of stay limitations in
their code to ensure that individual owners do not take up permanent residence in the units.
The State of Florida defines "transient lodgings", which includes hotels, as "lodgings rented or
leased to a specific party for a period of up to six months" and permits counties to levy a Tourist
Development Tax (hotel bed tax) on them. Staff opines that limiting an individual's stay to "not
more than 180 days in a calendar year" will provide that assurance.
Since a condo hotel would likely take the form of an "extended stay hotel," City staff is
recommending that the City Commission amend the City's definition of "extended stay hotel" as
described below to address the attributes of the condo hotel and place appropriate limitations
and requirements on such use. In addition, staff is recommending that the City Commission
amend the permitted uses table for the "Mixed Use-High" zoning district to make it clear that
"extended stay hotels", which would be the likely category to accommodate a condo hotel, are
permitted in that district.
The development of condo hotels is likely to be in conjunction with a mixed use project, which
may include residential units; staff needs to also ensure that maximum allowable densities will
not be exceeded. This would only become a problem if, at some future date, there was a
request to convert hotel units to mUlti-family dwellings.
The code amendments staff is recommending are attached (Exhibit B).
RECOMMENDAnON
It is staff's opinion that the proposed amendments to the Mixed Use zoning district regulations
are the minimum necessary to achieve the desired results; therefore staff recommends that the
proposed amendments be carried forward to the Community Redevelopment Agency Board for
their review and comments.
Exhibits
S:\PLANNING\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-013 CONDO HOTELS\STAFF REPORT. DOC
EXHIBIT A
Condo Hotel Trends - A Look at the Big Picture in Vacation
Home Ownership
By Joel Greene
-.................................................................................................................................................................................................................-.-...................................................................................................................................
. .
:::!:' Condo hotels are one of the hottest products in today's real estate market, New properties are:: '::
cropping up in different parts of the country and new buyers are entering the market daily.
:.::.::::::::i: :~:n~~~~~e";~a~~~~~ ~:o~~~~~el~l~e~:U~~~ondo hotels, but sometimes It's worth taking a.:::.::::::::!:
Condo Hotels In General: There is a spreading enthusiasm about the condo hotel concept.
More people are recognizing its potential and therefore creating demand for more inventory.
:.:::::::;: Condo Hotel Buyers: The average buyer Is 35-50 years old. Buyers for Florida properties,.::: ':::::'
where condo hotels are most prevalent, come from all over the U.S. On the international front,
most foreign buyers interested in U.S. property are from South America and Europe.
The vast majority of buyers want condo hotel units primarily as investments and are focused on
the potential for appreciation with the side benefit of hassle-free ownership. They see the ability
to actually use their condo hotel unit as a vacation home as important but secondary to their
goal of investment diversification.
Condo Hotel Market: Virtually every single property that has come on the market to date has
sold out in pre-construction. Most of these properties are mega high-rise buildings with on
average 200-500 units, and with some in excess of 1,000 units.
The speed with which these properties sell out is often as surprising to buyers as it is to the
! developers themselves. For example, the MGM Grand in Las Vegas, a 576-unit condo hotel, was 1
I expected to sell out in two years. It sold out in two months! The Platinum, a 255-unit property in I
i Las Vegas, also sold out In Just a matter of a couple months. I
.::.:::: Hot Areas: South Florida continues to be an extremely popular area and one that has Shown.::.:: :.j
strong and steady appreciation. As already mentioned, the condo hotel trend which began in
.1:.: South Florida has now spread out west. Las Vegas is leading the pack with many new condo and:. 1:.
condo hotel developments in all price ranges being built.
, I
I Growth in Florida: Looking at South Florida, it's easy to see what is happening. Miami Beach, I
1 the hottest area, is all built up. There just isn't any undeveloped land. That's causing a couple of 1
I things to happen. Developers are heading to the northern end of Miami Beach (North Beach) and I
i areas still further north such as to Sunny Isles and Ft. Lauderdale. 1
: :
i 1
i i
: :
.:::.i; A new trend is developers buying existing structures in Miami Beach and either upgrading them,:.:. ::i
as in the case of The Mimosa which was the former Brazil Motel, or knocking them down and
i starting over, as in the case of One Bal Harbour in which a mUlti-family, high-rise building i
I (Harbour House) was demolished and a five-star condo hotel built in its place. I
j i
i i
I Finally, some properties are beginning to crop up inland. These condo hotels may not have 1
1 oceanfront views; however, they're within a few short blocks of a beach. Because they're not on I
L...~.~.~...Q~~~n.t....t~.~~.~...PE2Q~!1!.~?...!.~.!}Q..JQ...Q~.J?.!:!.~~Q...!!.!.Qr.~...~.~Qn.Q!!.!.!~~.!.!Y..=..............._.................................................................................................1
r;;;~;;;~~-;;;~I;;~;~;i;~~I;~:;;~:~;;~~~;;,~;~;~;;;l
! example is Canyon Ranch Living in Miami Beach. People recognize the Canyon Ranch name and I
1 feel confident that this property will be of the same five-star caliber as its Arizona counterpart. ofl
I course, it doesn't hurt that this property will have a 60,000 sq. ft. rooftop spa and fitness center. i
. The Selling Process: A lot of properties take reservations of more than half the total project .
....:! long before they've even prepared their purchase contracts. This means that many of the best, 111
units are reserved months before any money changes hands and often before even the first
:::':::;; spade of ground has been turned over. Those early investors are seeing some amaZing,.:.,,:: ..1
appreciation on their investments.
1 Prices: Like anything for which there is more demand than supply, prices keep going up, up, up. 1
! Developers often raise their prices 3-5 times from when they start selling until they sell out. I
! Developers are no longer discounting prices at the beginning of the selling process when they are 1
1 anxious to get a few sales under their belt. This used to be common practice; it is no more I
There are sometimes, however, some price adjustments made at the very tail end of the sellout
phase when developers want to close out their property and move on to their next project.
Generally speaking, with regard to price, the best time to get in is usually early on in the first
pre-construction offeri ng.
! Quality: Most condo hotels being built are of four- to five-star quality. The reason is two-fold: 1) j
I There is demand for the types of services provided by four- and five-star properties, and 2) I
I Oceanfront land is so costly that it makes more sense for the developer to put in a luxury I
! property with units that he can sell at a premium price rather than lower priced units. I
know it and also recognize the viability of these properties. They are more accommodating in
expediting these loans.
Contracts: Contracts that allow assignability have become rare. In the past, at some properties
i buyers could place a deposit on a unit in the pre-construction phase and then flip their unit prior i
i to when they had to close. Developers now want to be sure that they don't compete to sell their I
last few units with investors who purchased early at pre-construction prices and are now re-
selling them at below the developer's current prices.
Resales: Some condo hotel unit resales come on the market. Of course, this is to be expected.
Some of the earliest buyers now want to move on to something or somewhere else. However,
the resale market is still relatively small, and it's hard to find a bargain.
j Advice to New Buyers: How can buyers choose a condo hotel unit that will be a good !
i investment? It's best if they can work with a real estate broker who specializes in condo hotels I
i and can make them aware of all products on the market. Aside from that, they should look for j
t....!.!:!.~...f.Q.!.!.9.~.!n.9....~.!!~Lrn.~.!:!!~.;........................................................................................................................................................................._.......................................................................................J
r"'i"ocaiio'i1.:..Re'aT"es't'a't'e...is...aTj"'.a"boui"i"ocaiio.n~"'B.e'ac'h'f;:o.n't'..p';::o'perti'es..'i.n"'so'uth."Fio'rj.da...;;.a.Ve...dO.n.e..................J
I exceptionally well in recent years. Their appreciation has been significant. If you prefer a I
i property that is not on the ocean, it's a good idea to select one in an area where you can expect I
I to have business driven to your property, such as near a major convention center or in I
I Downtown Miami near the financial district. !
i i
! Franchise: It's always safest to go with a major company, well-known internationally. Four I
1 Seasons, Hilton, Starwood, Rosewood, Setai and Trump are excellent examples. Ask yourself, I
1 would you likely stay in a Holiday Inn for $69 or the independent hotel across the street for $62? I
! Many investors or hotel guests will pay a little more for the comfort level they get with a well- I
I known, well-respected franchise. I
' !
i Management Company: Compare the management companies and their rental sharing I
I program. You will likely feel more comfortable investing your money in a condo hotel with an I
"""i,,! experienced, top-notch management company vs. an Independent operator. Also, It's worth"" :,:,,:;
noting that an established management company does worldwide marketing and likely has a
state-of-the-art reservation system that will help ensure your unit Is rented as much as possible.' ,
' ,
Lt,!:!~~~~!~~.!;Q!!'L__~'!ICj~I"[!L~A'!9~
EXHIBIT B
Chapter 2, Section 6.F. Mixed Use Zoning Districts
TABLE 6F-l
SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDmONAL USES
USE GROUPIUSE MU-L ZONE MU-H ZONE
Residential or Lodeine Use Group
Bed and Breakfast C N
Boutique Hotel N CD
Hotel C p
Hotel. Extended Stav C p
Home Occupation p p
16. Deftnitions. The following are supplement deftnitions applicable only to the Mixed Use
Zoning Districts, and therefore take precedence over deftnitions in other portions of the Code in case of
conflict.
Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efftciency units or
suites designed for the temporary lodging of transient guests rented on a daily basis and occupied bv the
same occupant for less than thirty (30) consecutive days. Ancillary facilities may include conference
facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to
the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within
a secured area. The hotel rooms mav be under sinllle ownership or may be owned individually. provided
all rooms are under sin Ie mana ement which rovides for central reservations and maid services and
recei t and disbursement ofke s and mail b the attendant at the desk in the lobb or offtce. No hotel
unit shall be converted to or used as a multifamilv dwelling without the orior aooroval of the City
Commission and com liance with all a licable land develo ment re lations and the com rehensive
plan.
Hotel, Boutique: A small luxury hotel containing ten (10) to twenty (20) guest rooms. Meal service is
usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service
may also be provided.
err
XII. - LEGAL
ITEM A.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing ~ Legal " .._-,
.;--<:
D Bids D Unfinished Business _-:'::1
,
D D ~........ ;
Announcement Presentation -, :;
N ;1 ~:J
D City Manager's Report 01
~ -"!'~
v ,;-i
RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda underngal;:J ~
Ordinance - Second Reading. On February 1,2005, the City Commission approved this item (including First RMtling~
the Ordinance) thereby transmitting the corresponding Land Use Amendment request to the Florida Department o~ ~J ~
Community Affairs (DCA). The corresponding item has been returned from the DCA so all items are now ready for fmM' ~
ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 05-022.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Knollwood Groves (LUAR 05-001)
Chip Bryan, Julian Bryan & Associates, Inc.
Knollwood Groves, Inc.
8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road
Request to rezone from Agricultural (AG) to Planned United Development (PUD).
Proposed use: Single-family residential community.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
Developm Department Director
~t)~ ~
Planning and Z~g irector City Attorney / Finance / Human Resources
S:\PJanning\SHARED\WP\PROJECTS\KnoIlwood Groves PUD\LUAR 05-00 I \Agenda Item Request KnoIlwood Groves LUAR 05-001 rezone 2nd reading
6-7-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 05-0l~
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF DRHI,
INC., JULIAN BRYAN & ASSOCIATES, INC., ON
BEHALF OF KNOLL WOOD GROVES, INC., TO REZONE
A PARCEL OF LAND, AMENDING ORDINANCE 02-013
TO REZONE A PARCEL OF LAND ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF
LAWRENCE ROAD AND THE L WDD L-20 CANAL
(APPROXIMATELY 1 MILE SOUTH OF HYPOLUXO
ROAD) FROM AGRICULTURAL (AG) TO PLANNED
UNIT DEVELOPMENT (PUD); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
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20
2 1 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
22 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said
23 City; and
24 WHEREAS, Knollwood Groves, Inc., owner of the property located on the
25 Southwest comer of the intersection of Lawrence Road and the L wnD L-20 Canal
26 (approximately 1 mile south of Hypoluxo Road) in Boynton Beach, Florida, as more
27 particularly described hereinafter, has heretofore filed a Petition, through its agent, DRHI,
28 Inc., and Julian Bryan & Associates, Inc., pursuant to Section 9 of Appendix A-Zoning,
29 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a
3 0 parcel of land, said land being more particularly described hereinafter, from Agricultural
31 (A G) to Planned Unit Development (PUD); and
32 WHEREAS, the City Commission conducted a public hearing and heard
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Knollwood.doc
1 testimony and received evidence which the Commission finds supports a rezoning for the
2 property hereinafter described; and
3 WHEREAS, the City Commission, acting in its dual capacity as Local Planning
4 Agency and City Commission has found that the proposed rezoning is consistent with an
5 amendment to the Land Use which was contemporaneously considered and approved at
6 the public hearing heretofore referenced; and
7 WHEREAS, the City Commission deems it in the best interests ofthe inhabitants
8 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
10 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
11
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
12 herein by this reference.
13
Section 2.
The following described land, located on the Southwest comer of
14 the intersection of Lawrence Road and the LWDD L-20 Canal (approximately 1 mile
15 south of Hypoluxo Road) in the City of Boynton Beach, Florida, as set forth as follows:
16 The North one-half of the Northeast one-quarter of the northeast one-
17 quarter, and the northeast one-quarter of the Northwest one-quarter ofthe
18 northeast one-quarter of Section 13, Township 45 south, range 42 east,
19 Palm Beach County, Florida.
20
21 Less and Except
22
23 The North 40.00 feet thereof and the East 40.00 feet of said north one-
24 half of the Northeast one-quarter of the northeast one-quarter. Said lands
25 situate in the city of Boynton Beach, Palm Beach County, Florida, and
26 contain 30.683 acres, more or less.
27
28
29 be and the same is hereby rezoned from Agricultural (AG) to Planned Unit Development
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Knollwood.doc
1 (PUD). A location map is attached hereto as Exhibit "A" and made a part ofthis Ordinance by
2 reference.
3 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
4 accordingly.
5 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
6 repealed.
7 Section 5. Should any section or provision of this Ordinance or any portion thereofbe
8 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
9 remainder of this Ordinance.
10 Section 6. This ordinance shall become effective immediately upon passage.
11
FIRST READING this ~ day of FebrUCl.-''f-,2005.
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
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2 8 ATTEST:
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3 1 City Clerk
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33 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Knollwood.doc
Exhibit A
Knollwood Groves PUD
LUAR 05-001
<<>
1.100
550
o
1.100 Feet
N
A
DEVELOPMENT DEPARTMENT
PLANNING. ZONING DMSION
MEMORANDUM NO. PZ 05..022
TO:
Chair and Members
Planning and Development Board and
Mayor a~~mission
Dick Hudsg(~cp
Senior Planner
FROM:
THROUGH:
Michael W. Rumpf
Director of Planning and Zoning
DATE:
PROJECT NAME/NUMBER:
REQUEST:
January 12, 2005
Knollwood Groves PUD/LUAR 05-001
Amend the future land use designation from Agriculture (A) to
Low Density Residential and rezone from AG Agricultural to PUD
Planned Unit Development
PROJECT DESCRIPTION
Property Owner:
Knollwood Groves, Inc.
Applicant! Agent:
DRHI, Inc./Julian Bryan & Associates, Inc.
Location:
Southwest corner of the intersection of Lawrence Road and the
LWDD L-20 Canal (Approximately 1 mile south of Hypoluxo Road)
(Exhibit "A'')
Parcel Size:
:t30.683 acres
Existing Land Use:
Agriculture (A)
Existing Zoning:
AG Agricultural
Proposed Land Use:
Low Density Residential (LOR)
Proposed Zoning:
PUD Planned Unit Development
Proposed Use:
145 single-family homes
Adjacent Uses:
North: Right-of-way of the LWDD L-20 Canal then single family
residential development (Manor Forest) designated Low Density
Page 2
File Number: LUAR 05-001
Knollwood Groves PUD
Residential and zoned PUD Planned Unit Development
South:
To the southeast, developed single family residential (Nautica)
designated Low Density Residential and zoned PUD Planned Unit
Development. To the southwest, vacant land in unincorporated
Palm Beach County designated MR-S Single Family Residential (5
du/ac) and zoned AR-Agricultural Residential
East:
Right-of-way of Lawrence Road then single family residential
development (Citrus Glen) designated Low Density Residential
and zoned PUD Planned Unit Development
West:
To the northwest, vacant land in unincorporated Palm Beach
County designated MR-5 Single Family Residential (5 du/ac) and
zoned AR-Agricultural Residential. To the southwest, single family
residential development (Sunset Cay) also located in
unincorporated Palm Beach County, designated RTU Residential
Transitional Urban district.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
fOllowing reasons:
1. The requested land use amendment is consistent with the CityfS adopted ComprehenSive
Plan, including the requirements for concurrency;
2. The requested land use and zoning are consistent with surrounding development;
however,
3. While the proposed Master Plan meets the minimum requirements of the codef there are
several issues that must be worked out with the County; therefore,
4. Staff would require that a final Master Plan, to be approved prior to final adoption of the
rezoning, will address the issues of right-of-way width for the continuation of Miner
Road and the provision of access and utility connections for an adjacent isolated parcel
to the southwest, lying in the unincorporated area.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total :f:30.683 acres. Because
of the size of the property under consideration, the Florida Department of Community Affairs
classifies this amendment as a "large-scale" amendment. Following local board review and City
Commission public hearing, a "Iarge-scaleff amendment is transmitted to the Florida Department
of Community Affairs (DCA) for review for compliance with the state, regional and local
comprehensive plans prior to adoption. Following the review period of approximately 60 days,
DCA proVides the City with a report of their findings in an "Objections, Recommendations and
Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as
transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3)
Page 3
File Number: LUAR 05-001
Knollwood Groves PUD
determine not to adopt the amendment and inform DCA of that decision. According to Florida
Statutes Chapter 163, large-scale amendments may only be adopted during two amendment
cycles each calendar year. This request is part of cycle 1 for calendar year 2005.
Master Plan Requirements
The regulations for the Planned Unit Development zoning district require that a master plan,
including multi-year phases be submitted and reviewed for approval at the time of rezoning to
PUD.
The Master Plan accompanying the application is preliminary only. There are several issues to
be resolved before a final Master Plan can be approved, which will occur prior to final adoption
of the land use amendment and rezoning. The primary issues involve with Palm Beach County's
requirement for right-of-way dedication for the continuation of Miner Road westward to Military
Trail. Currently, Minor Road stops at Lawrence Road; however, the County's Long-Range
Transportation Improvement Plan calls for a right-of-way of 110 feet along the north boundary
of the property, while the Master Plan shows a dedication of only 80 feet. The requested
dedication would not align with the improved portion of the roadway. Both the proposed right-
of-way width and alignment are under discussion with the County. These issues must be
settled prior to submittal of the revised Master Plan.
Currently, the Master Plan shows one entrance off Miner Road. A 25-foot wide landscape buffer
separates the residential lots from Minor Road and lO-foot landscape buffer easements are
provided on the other three sides of the development. A lake/water management tract of 5.37
acres is located along Lawrence Road, and a O.69-acre recreation area is centered on the
entrance and double loop roads, which are shown with 40-foot right-of-way widths that provide
circulation through the development. Individual lots are not shown but are noted as having a
typical size of 45 feet by 107 feet. The preliminary master plan included with the application,
meets only the minimum criteria for submittal, and will be revised and reviewed again prior to
adoption for details such as setbacks, preliminary drainage plans and specific consistency with
adjacent planned developments.
Staff has identified a potentially landlocked parcel in the unincorporated area abutting the
subject property to the southwest. The County is requesting that the proposed development
provide a SO-foot access easement and utility connections to the landlocked parcel. These
provisions should be a condition of zoning approval.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 In the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning DivisIon and the City's risk
Page 4
File Number: LUAR 05-001
Knollwood Groves PUD
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The subject property is not located in the hurricane evacuation zone, therefore the referenced
po/icy is not applicable; however, other applicable objectives and policies contained in the
comprehensive plan include:
"Policy 1.17. 5
The City shall continue to maintain and improve the character of existing
single-family and lower-density neighborhoods, by preventing conversions to
higher densities, except when consistent with adjacent land uses, or with
implementing redevelopment plans including the Boynton Beach 20/20
Redevelopment Master Plan.
Policy 1.19.1
The City shall continue efforts to encourage a full range of housing choices,
by allowing densities which can accommodate the approximate number and
type of dwellings for which the demand has been projected in the Housing
and Future Land Use Elements"
The subject property is located outside the area of the City covered by the Bovnton Beach
20/20 Redevelooment Master Plan; however, the proposed development is similar in density
and type of development to the developments surrounding it. Therefore it is consistent with
the directions of Policy 1.17.5. The provision of single family homes, as proposed on this site,
offsets the recent trend in the City to develop multi-family projects and townhouses, thereby
increasing the range of housing choices available to the market, and providing consistency with
Policy 1.19.1.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special priVilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not create an isolated district, but would relate to the adjacent
developments surrounding the site.
c. Whether changed or changing conditions make the proposed rezoning desirable.
It is unfortunate that this is the last agricultural parcel left in the City and has been viewed as
somewhat of an institution; however, the costs of agricultural production and the fluctuating
market conditions, have taken their toll on small grove operations throughout the state. The
proposed land use amendment and rezoning are the minimum changes to the property, and are
consistent with surrounding land uses and zonings, both in the City and the adjacent
unincorporated area.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other publiC facilities.
Page 5
File Number: LUAR 05-001
Knollwood Groves PUD
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 72,600
gallons for water and 32,670 GPCD for sewer service based on an average of 2.5 persons-per-
household and 145 houses in the development. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project.
Traffic analysis prepared by the applicant's consultants, shows that the proposed land use
designation is consistent with the Transportation Element of the Palm Beach County
Comprehensive Plan. The County Engineer has stated that the Traffic Division has no objections
to the proposed change in land use.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the lO-year
planning period. The School District of Palm Beach County has reviewed the application and has
determined that adequate capacity exists to accommodate the resident population. Lastly,
drainage will also be reviewed in detail as part of the review of the conditional use application,
and must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby propertie~ or would affect the property values of
adjacent or nearby properties.
The compatibility of the requested land use designation and rezoning has been discussed
above. With the requested land use amendment, the property becomes more compatible with
adjacent properties but would probably have a value-neutral effect on adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently in use as an agribusiness and has been for many years. It could
continue as such, and the site could also be developed with one accessory residence. The
pressures currently affecting agribusiness are briefly discussed above; therefore, it may not be
economically feasible for the property to continue under this use.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The size of the subject parcel will afford a development similar in nature to surrounding
residential development and will contribute to the range of housing opportunities available in
the City.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
This is one of the last parcels of such size left in the city that could be developed for single
family detached residences. Only one other parcel of similar size, the property surrounding the
High Ridge Country Club, is designated for low density residential development.
Page 6
File Number: LUAR 05-001
Knollwood Groves PUD
CONCLUSIONS/RECOMMENDAnON!i
As indicated herein, this request is consistent with the Intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that cannot be accommodated by the City at
present; will be compatible with adjacent land uses and will contribute to the overall economic
development of the City. While the proposed Master Plan meets the minimum requirements of
the code, there are several issues that must be resolved with the County; therefore, staff would
require that a final Master Plan, to be approved prior to final adoption of the rezoning, must
address the issues of right-of-way width for the continuation of Miner Road and the provision of
access and utility connections for the parcel to the southwest, lying in the unincorporated area.
If the Planning and Development Board or the City Commission recommends conditions, they
will be included within Exhibit "B".
ATTACHMENTS
S:\Plannlng\SHARED\WP\PROJEcrs\KnoUwood Groves PUD\LUAR OS-OOl\STAFF REPORT Knollwood PUD.doc
Meeting Minutes
City COmmission
Boynton Beach, Florida
February 1, 2004
applicant had agreed to Medium Density Residential as opposed to the High Density
Residential shown In the Item's title on the agenda. The applicant reconfirmed this.
City Attorney Cherof read Proposed Ordinance No. 05-009 by title only.
Commissioner Ensler asked how many units were allowed per acre for Medium Density.
Ms. Matras responded that it was 9.68 du/acre.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-009 (LUAR 05-
002). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and
the motion passed 3-2, Vice Mayor McCray and Commissioner Ensler dissenting.
B-2
High Ridge/New Urban Communities
Request to rezone from Single-family Residential (RS)
(Palm Beach County) to Planned Unit Development
(PUD) (1ST READING OF PROPOSED ORDINANCE
NO. 05-010)
Mayor Taylor announced the first reading of Proposed Ordinance No. 05-010.
City Attorney Cherof read Proposed Ordinance No. 05-010 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-010.
Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the
motion passed 4-1, Vice Mayor McCray dissenting.
THE NEE77NG RECESSED AT 9:08 P.M. AND RESUMED A T 9:18 P.M.
c.
Project:
Agent:
Owner:
Location:
Description:
Knollwood Groves (LUAR 05-001)
Chip Bryan, Julian Bryan & Associates, Inc.
Knollwood Groves, Inc.
8053 Lawrence Road, west side of Lawrence Road at the
intersection of Miner Road
Request to amend :t:30.683 acres of land on the
Comprehensive Plan Future Land Use Map from Agriculture
(A) to Low Density Residential (LOR) (JST READrNG OF
PROPOSED ORDZNANCE NO. 05-011), and
27
Meeting Minutes
City Commission
Boynton Beach, Florida
February 1, 2004
Request to rezone from ~riCultural (AG) to Planned Unit
Development (PUD) (1 READING OF PROPOSED
ORDINANCE NO. 05-012)
Proposed use:
community
Single-family Residential
City Attorney Cherof swore in the persons who would be speaking on this item and
requested that the residents try not to repeat what others had said, if possible.
Mayor Taylor suggested that the discussion cover Proposed Ordinances No. 05-011 and
05-012 concurrently, and the applicant did not object.
Dick Hudson, Senior Planner, stated that the request was consistent with the intent of
the Comprehensive Plan, would not create additional impacts on infrastructure that
could not be accommodated by the City at present, would be compatible with adjacent
land uses, and would contribute to the overall economic development of the City. While
the proposed Master Plan met the minimum requirements of the Code, there were
several issues that had to be resolved with the County; therefore, staff would require
that a final Master Plan, to be approved prior to final adoption of the rezoning, must
address the issues of right-of-way width for the continuation of Miner Road and the
provision of access and utility connections for the parcel to the southwest.
The Planning & Development Board recommended at its January 25, 2005 meeting that
this request be denied, until a complete master plan could be submitted.
Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, appeared on behalf
of D. R. Horton, an organization that had completed five other projects in the City. Mr.
Weiner felt that Staff's Report had covered all the salient points and proved the case for
the developer. He reviewed each of the eight criteria that had to be met in the staff
report.
After the Planning & Development Board meeting, D.R. Horton went back to the
drawing board to address some of the concerns of the residents. Most importantly, Mr.
Bryan would be displaying the "filled-in" master plan. An aerial photograph was
displayed, which showed that the zoning on each side of this project was 5 dujacre and
this project was less than that.
Mr. Weiner referred to the concerns of the community, as expressed at the Planning &
Development Board meeting. He assured those who were present that this action was
merely for a transmittal to the Department of Community Affairs. If the residents had
28
Meeting Minutes
City Commission
Boynton Beach, Florida
February 1, 2004
more questions, there would be another opportunity to air them and try to resolve
them.
The issue of Miner Road and the UO-foot right-of-way was discussed. Mr. Weiner
believed that the developer and the residents should join forces to ask the County why
it wanted to maintain an 110 foot long right-of-way on a road that was not going to be
an east-west collector. If it went to Military Trail, it would be at an odd angle and would
create other problems. He had spoken to County Commissioner Warren Newell's office
about this and Commissioner Newell was aware that this was a community issue.
The issue of this project changing the rural character of the area was discussed. Mr.
Weiner indicated that the developer would be required to meet all applicable standards
with regard to the survey of the remaining trees, regulations concerning the cutting and
placement of trees, and the use and re-use of the indigenous species. This project
would bring expansive lakes for drainage purposes, and some views and vistas that
would be good for the residents of the project and the neighbors to the north.
Therefore, they did not feel they were impacting the rural nature of the community and
believed that they would be a better neighbor than a nursery or an agricultural use.
Julian Bryan of Julian Bryan. Associates, Inc., represented the applicant and
displayed the master plan for the project. He commented that this project exemplified
the lowest density of any project in the City, 4.84 du/acre maximum. This plan was
proposed for about 140 units, which would be approximately 4.50 du/acre. Over the
next couple of months, the site plan and engineering plan would be developed and the
lot sizes and locations would be identified.
Dick Hudson commented that the five-acre landlocked parcel had been addressed in the
Staff Report, which set forth a requirement that the developer provide access to this
and sub outs for utilities, and they had taken care of that. Staff recommended approval.
Vice Mayor McCray asked if the fruit trees that he referred to as having canker had
been tagged by the Agriculture Department. Mr. Weiner did not know, but said Mr.
Goldesitch, the developer's environmental consultant, had tagged them.
Jim Goldesitch, President of Goldesitch & Associates, a biological consulting firm, said
his firm had done the environmental assessment on the proposed site. Vice Mayor
McCray asked if the Agriculture Department had been notified about the canker
situation at Knollwood Groves. Mr. Goldesltch responded that the developer had not
notified the Agriculture Department.
Mayor Taylor opened the Public Hearing.
29
Meeting Minutes
City Commission
Boynton Beach, Florida
February 1, 2004
Sergio Casaine, 13 Meadows Park Lane, Boynton Beach, a member of the
Planning & Development Board, stated that the Initial proposal had been voted down at
the Planning & Development Board since no master plan was available. They had also
received a clear message from the developer that no master plan was ready because
staff insisted that Miner Road be included in the master plan. That had now been
explained. There was some feeling on the Board, also, that the serious concerns of the
community required respectful consideration and address. He felt that the Commission
needed to consider the needs of the citizens, along with the requirements of the various
codes. The reason Mr. Casaine had changed his mind and now supported the project,
was that he had learned that the developer had taken the homeowners' concerns very
seriously and that they were not interested in including Miner Road as part of the
project. Mr. Casaine felt that it was important for the City to consider the traffic
situation citywide.
Richard Nevitt, 7964 Old Military Trail, commented that his neighborhood to the
north of the proposed project was a wonderful place to live, with kids, dogs, and
horses. There were three horse farms, a dog-training farm, a tree farm, and a lot of
properties where it was pOSSible to literally play in the streets. If Miner Road were built
through the grove and then through his yard, it would seriously impact the quality of
life in the area, possibly tripling the number of cars on the road. If the road were not
continued, they would be happy with this project as a neighbor.
Mayor Taylor commented that Miner Road could go through regardless of what was
now there and this development did not make Miner Road either go away or get built.
For the record, Mr. Nevitt wanted it known that they objected to the rezoning, if it
involved this road. Mayor Taylor reiterated that either way, that road was not part of
this parcel. The City could put a park there and the County could still run the road
through it.
Melissa Delisa, 7915 Manor Forest Boulevard, Boynton Beachl lives in the
development just north of Knollwood Groves. She asked the City to preserve this land
and possibly make it into a park. She felt that they could accept the removal of the
orange trees if necessary; however, they wanted the City to consider the wildlife on the
property, much of which was protected by Federal regulations. She commented on the
number of buses that come to Knollwood Groves for educational purposes. It was sad
to see this lost to their children. Knollwood Groves sells organic food that they grow on
their property, much of it pesticide free. She asked the Commissioners to take a tour
through Knollwood Groves. With the two local schools already overcrowded, this plan
did not make sense. She asked the City to save some green space and reconsider the
rezoning.
30
Meeting Minutes
City COmmission
Boynton Beach, Florida
February 1,2004
Matthew Maxwell, 7939 Manor Forest Boulevard, mentioned the untouched,
natural hammocks on this property that were some of the few remaining hammocks in
south Florida. He pointed out that Knollwood Groves had been an institution and a
tourist attraction in the area for over 70 years. Losing it would impact the tourism
industry and what those tourists bring to the City. He believed that the City, the County,
or the State should purchase this property and make a preserve of it.
Roger Williams, 4540 White Feather Trail, lives on two acres on the property to
the west of the proposed project. He asked the Commission to help the residents make
their case to the County about not developing the Miner Road extension.
Donna Hawkins, 7895 Manor Forest Boulevard, resides in the Lawrence Oaks
Subdivision near the proposed project. Ms. Hawkins spoke of the Knollwood Grove area
as a natural wildlife habitat. She was able to sit on her porch and view endangered
species from her back yard. This area was part of the ecosystem of the State of Florida.
If it had canker, then get rid of the orange trees but not the 1,000 year-old water oak
tree, the 75 year-old gumbo limbo trees, five acres of jungle hammocks. The Audubon
Society did a survey in Knollwood Groves in December of 2004 and found 23
endangered species of birds in residence on this property. If the property is going to be
destroyed, some rules should be set. She spoke of the developer's plans to have two
water retention areas and buffers. She saw their development down the road and she
had seen what they called retention areas. She asked that they leave the two natural
lakes already on the property for that purpose. This was the last stronghold for the
environment in this area, and she asked that the environment not be destroyed.
Beth Day, 4283 Redding Road, Boynton Beach, lives to the north side of the 5-
acre landlocked piece of land. Her home had an easement for ingress/egress to the
landlocked five acres. She was concerned after hearing that this piece of land was sold
to the developer. She explained all she had done by way of checking into her rights at
the time of purchasing her home. She did not believe that public access to that area
would be allowed. Also, there was a 20-foot utility easement for the people that live on
the north side of Redding Road. How close would the developer build to this easement?
Were they planning on building one or two-story homes?
Dennis Clark, 4376 Redding Road, Boynton Beach, stated that there was a piece
of property to the north of Nautica on Lawrence Road that was supposed to be a civic
center. The developer was supposed to give this land when the property was
developed. It was an open area that would normally be used for a park. He understood
this had been turned into a cachement basin for water with a walk around it. The
Lawrence Oaks Subdivision had private property that was supposed to be used for their
recreatIonal area that the City would not let them build on because of the trees on the
property. They were without a recreational area in that subdivision. To his knowledge,
31
Meeting Minutes
City Commission
Boynton Beach, Florida
February 1, 2004
there were no parks set aside for the northwest section and he wanted to see the City
address that issue. He thought that if the County were to turn that piece of Miner Road
over to the City and if the Lake Worth Canal were filled in and the area landscaped, that
it could be a suitable spot for a City park. He was not against the rezoning, but did
want to see parks for the increased population.
Mayor Taylor commented that there was a 4-5 acre space in Nautica that was planned
as a park.
David Shanks, 4602 White Feather Trail, Boynton Beach, built a horse farm for
training horses. The expansion of Miner Road would affect him negatively. He asked
that this issue be postponed until the County made a decision about the road. He
thought the road issue should be settled before the rezoning and saw this as a rush to
judgment.
Larry John, 8244 Old Military Trail, Boynton Beach, asked for the City's help
when they went to the County about Miner Road. He was under the impression that
while the County did not plan to do anything about Miner Road in the next five years,
there was a caveat that if the property were developed, the building of Miner Road
would kick in. Mr. Bryan said this would not happen. Mr. John asked the Commission to
look into this.
Brian Cooper, 4411 Sunset Cay, Boynton Beach, stated that he lived in the
development to the west of the proposed site. He was not against the rezoning, but
was concerned about Miner Road. He asked that the 10-foot easement between Sunset
Cay and the proposed project be extended to at least 25 feet to provide a more
significant buffer between the two projects. They would have to have some kind of
easement to access their properties from the other side. The developer may put two-
story homes on this site and having two-story homes look down on one-story homes
was not good for property values.
Michael Loquercio, 4415 Sunset Cay Circle, Boynton Beach, echoed the
comments of Mr. Cooper.
John DeLisa, 7915 Manor Forest Boulevard, Boynton Beach stated that he did
not want Miner Road extended since it would go through his back yard. He was
concerned about the influx of traffic on Lawrence Road and the capability of the area
schools to absorb all the extra children this project would bring in. His son's school was
already overcrowded.
Karen McKenzie, 8340 44th Court, Boynton Beach, said that she lived off White
Feather Trail and that losing Knollwood Groves would limit the places in which her son
32
Meeting Minutes
City COmmission
Boynton Beach, Florida
February 1,2004
could play. They had enjoyed looking at the groves and fishing in the canal. Her son
could not go into Sunset Cay to fish and he could not go into Nautica whether there
was a planned park or not, since their neighborhood had no access to it. There was not
enough recreational space for kids to play.
Herb Suss, concerned citizen, said he had heard the Commission say that Miner Road
going through was not part of the deal. However, he felt they should look into that
since it could affect the lives of the people who spoke. He thought that the Commission
should work with the County and Commissioner Newell to find out what the County was
going to do about this. He commented on the similarities between the concerns of the
residents off High Ridge Road and the residents surrounding the proposed project. He
commented on the lack of parks in the northwest and southwest parts of the City
Mayor Taylor closed the Public Audience.
Developer's Rebuttal
Michael Weiner had been listening carefully to the concerns of the residents. He
pointed to the City's rules and regulations and the Staff Report, in which this project
met each and every test put before it. Many of the residents' concerns would be
addressed at the time of site plan review. The developer would do whatever the State
required in connection with the nora and fauna on the site.
In terms of Knollwood Groves being a tourist attraction, Mr. Wiener wanted it known
that leaving this area zoned Agricultural would have opened the door to a tomato
patch, a hog farm, or a processing plant. For whatever reason, it was known that
Knollwood Groves was going to be sold. This project represented the best opportunity
the residents had to preserve some of the things the residents talked about on the site.
He stated that there was almost 300 feet between houses in the development to the
north and the proposed project. This was not likely to be found elsewhere. They had
their house, their back yards, the canal, the canal maintenance easement, the canal
itself, the 110-foot right-of-way, and their setbacks - all between the proposed project
and the homes to the north. The people to the south would be happy to abandon the
easement. When the site plan comes through, if they have two-story homes they
would adjust setbacks to make sure there is some privacy. In regard to traffic and
schools, the project had met all the concurrency requirements for both traffic and
schools. Mr. Weiner believed that a commercial property like Knollwood probably
generated more traffic than the proposed 140 homes would in the future.
Commissioner Enster asked if there were any specific policies about Knollwood Groves
in the Comprehensive Plan, and Mr. Hudson responded that there were not. Mr. Hudson
33
Meeting Minutes
City Commission
Boynton Beach, Florida
February 1, 2004
believed that Knollwood Groves was annexed after the ComprehenSive Plan had been
written.
Commissioner Ensler noted that the requirements for setbacks were different for PUDS
and Single Family Residential. He was concerned about the setbacks for the PUD, since
there was no site plan, for the homes directly adjacent to the property. Mr. Hudson
replied that under the PUD regulations, the setbacks must mi rror the setbacks of
adjacent developments. Commissioner Ensler asked If the developer could level the
land with a clearing and grubbing permit before the City had an opportunity to review
the trees and site plans, and so forth. Mike Rumpf stated that a clearing and grubbing
permit could be requested and Issued prior to a development order being issued. It was
not exempt, however, from City regulations. The City had tree preservation
requirements and policies. There were County and State requirements about species of
special concern and so forth. Those would be reviewed at the time they reviewed a
request for a clearing and grubbing permit. The other permits for the site would follow
the development order.
Commissioner Ensler asked if they would be willing to withhold leveling of the land until
there was full agreement on a site plan and the saving of trees. Mr. Weiner stated that
it would not be necessary to wait until the site plan was approved. The clearing and
grubbing permit requirements called for the developer to have the kinds of surveys that
demonstrate that what they were allowed to take down what they were taking down.
Commissioner Ensler asked Mr. Rumpf if he was comfortable that this process would
protect the property. Mr. Rumpf responded that a process existed, although sites had
been cleared in the past without the proper permits and reviews. This was a good
discussion topic for a publiC hearing and a warning that there were tree preservation
requirements and there could be species of special concern. Flora and fauna surveys
may be required.
Mr. Goldesitch said they had to do a tree survey, which identified the location and the
size of the tree. Additionally, they have to note the quality of each tree. If there were a
water oak tree, for example, they would give the diameter at breast height, the total
height of the tree, and the quality on a scale of 1-5 in terms of its ability to survive,
even if left atone. Mr. Weiner put on the record that D. R. Horton was not a company
that would clear land without permits.
Mayor Taylor was certain that any of the Commissioners would be on the side of the
residents In any dealings with the County pertaining to Miner Road. It was the
Commission's job to speak for the people. Although County Commissioner Newell had
this district, he was only one of seven Commissioners so the County Engineer had to be
convinced first.
34
Meeting Minutes
City Commission
Boynton Beach, Florida
February 1, 2004
In regard to the comments about keeping Knollwood Groves, Mayor Taylor stated that
there was a contract for purchase on the table now, which means that the owners are
willing to sell. It was not a matter of anyone trying to take anything away from the
residents. He understood how people felt and he liked the Groves too.
Mayor Taylor announced the first reading of Proposed Ordinance No. 05-011.
City Attorney Cherof read Proposed Ordinance No. 05-011 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-011 (Amending
Land Use Map from Agriculture to Low Density Residential). Commissioner McKoy
seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Wee
Mayor McCray dissenting.
Mayor Taylor announced the first reading of Proposed Ordinance No. 05-012.
City Attorney Cherof read Proposed Ordinance No. 05-012 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-012 (Rezone
from Agricultural to Planned Unit Development). Commissioner McKoy seconded the
motion. City Clerk Prainito called the roll. The motion passed 4-1, Vice Mayor McCray
dissenting.
D.
Project:
Agent:
Owner:
Location:
Dr. Go Daycare Center (CaUS 05-001)
Dave Beasley
Dr. Ka Hock Dy Go
Southeast corner of West Boynton Beach Boulevard and
Knuth Road
Request Conditional Use/Major Site Plan Modification
approval to allow conversion of 7,098 square feet of an
existing 13,170 square foot office building for daycare use
on a 2.037 acre parcel in a C-l zoning district
Description:
City Attorney Cherof swore in the people who planned to speak during this public
hearing.
Dave Beasley, 3570 Kitely Avenue, Boynton Beach, stated that the applicant
agreed with all the conditions of approval. Dr. Ka Hock Dy Go came to the podium, but
there were no questions.
35
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XII. - LEGAL
ITEM A.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business \, '
AGENDA ITEM -....,...
0 Public Hearing ~ Legal "'".'....-
0 Bids 0 UnfInished Business " -,
. ~,
c..Jl
0 Announcement 0 Presentation -0
0 -;;-
City Manager's Report ..." ..~
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RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda under Legal, :c
Ordinance - Second Reading. The City Commission/Local Planning Agency held its fIrst of two public hearings on this item
on May 3, 2005. For further details pertaining to this' request, see attached Department of Development Memorandwn No.
PZ 05-035.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Carwash in M-1 (CDRV 05-001)
Michael Weiner, Weiner & Associates
Industrial (M -1) Zoning District
Request for an amendment to the Land Development Regulations, Chapter 2. Zoning,
Section 8.A.4. M-I Industrial District, to allow carwashes as a conditional use.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
.'t-
Developmen epa ent Director City Manager's Signature
~J-Z ~
Planning and Zo~ Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-001 Carwashes in M-l\Agenda Item Request Carwash in M-I CDRV 05-001 2nd
reading 6-7-05.dot . ) \
C;ee... L-c):lCA ~ S;1-i) oC:::-
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ __ ~ ~~ ~ ~!"~ ,
~ \~ ~ ,/:J-do\.-
~.~ ~~.-y.(<L
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ORDINANCE NO. 05- ()).~
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTION 8 A. 4.
TO ALLOW A CARWASH AS A CONDITIONAL
USE IN THE M-l ZONING DISTRICT;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City's land development code identifies specific uses of commercial
ctivity and fits those uses into established zoning districts consistent with the City's zoning
Ian; and
WHEREAS, from time to time, commercial uses not specifically identified as being
ermitted, conditionally permitted, or prohibited in any zoning district emerge which cannot
ow be considered for approval; and
WHEREAS, the City commission desires to identify a previously undefined
ommercial uses as a conditional use in the M -1 Zoning District.
WHEREAS, prior to adoption, the Commission will conduct two (2) public hearings
s required by ~ 166.041 (2)( c), Florida Statutes, as this ordinance changes the list of uses in
he M-l zoning district.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, THAT:
Section 1.
Each Whereas clause set forth above is true and correct and herein
ncorporated by this reference.
Section 2.
That Chapter 2. Section 8 A 4 of the LDR is hereby amended by
reating a new subsection A 4.(g). as follows:
fglc C'lr::washes.
Section }.c Each and every other provision of Chapter 2, Section 8 A.4. of the
and Development Regulations, not herein specifically amended shall remain in full force
nd effect as previously enacted.
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
ame are hereby repealed.
:\CA\Ordinances\Planning\Conditional Use Amendment M-I 041105.doc
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Section 5.
Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 6.
Authority is hereby granted to codify said ordinance.
Section 7. This ordinance shall become effective immediately upon passage.
FIRST READING this ~ day of ~,. i I 2005.
SECOND, FINAL READING AND PASSAGE this
day of
005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
TTEST:
Commissioner
ity Clerk
Commissioner
CORPORATE SEAL)
:\CA\Ordinances\Planning\Conditional Use Amendment M-I 041105.doc
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
~ n' ,-i:~'Y'''':TO'1 BEt rH
-- ~- C:_'" ':;'~!Fld:v I
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
[':: \( 2 Lr. Fi< r: 5 Lr
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
PAMI R. MAUGHAM
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar Board Certified
Real Estate Lawyer
MICHAEL R. HARRIS
L.L.M. (In Taxation)
May 20, 2005
Via Te/ecolJier and Reaular Mail
City Clerks
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Proposed Carwash Facility
Our File No.: PAUM002
Ladies and Gentlemen:
This will confirm that my client has no objections to placing the issue regarding the
text amendment for the allowance of carwashes as conditional uses to be placed upon the
agenda of the City Commission on June 21,2005. We understand that this will be the first
date at whi there will be a full Commission present.
~\~
MSW:lg
cc: Mr. Mark Paulino (via regular mail)
Ms. Meril Stumberger (via regular mail)
Mr. Kurt Bressner (via regular mail)
Mr. Michael Rumpf (via regular mail)
PAUM002 Letter to City Clerks of Boynton Beach 5-20-05
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENt
PLANNING AND ZONING DMSrON
MEMORANDUM NO. PZ 05-035
Chairman and Members
PlannIng and DeVefoP~Board
Michael W. Rumptf"~
DIrector of PlannIng and ZonIng
Eric lee JOhnson, AICP C:;f
Planner V
February 17, 2005
CODE REVIEW / CORV 05-001 .
Allowing carwash fadfltfes as condltfonal uses In the M-1 zonIng dIstrict.
NAnJRE OF REQUEST
Mr. Michael S. Weiner Is requesting that car wash uses be added to the list of conditional uses In the
M-l Industrial zoning district. Spedflcally, the applicant Is requestfng that the COde be modified to
allow these uses In the M-1 zoning dlstrfct west of Interstate 95, such as Congress Avenue. As
proposed by the applicant, this code ~mendment would modify Chapter 2, ZonIng, Sectfon 8.A.4 to
Indude the followfng:
9i~~c::a~':'::n:~ "use Is located a/of/a a matar artetfa/ maciK'c9v locaf:t:Jtl ~ of InterstRte
BACKGROU"D
111e Clty's Occupational Ucense sectfon categorizes car washes Into multiple categories unlike the
NorUl American Indusby Oasslflcatlon System (1997), whIch was fonneny the standard Industrial
OassIIlcauon Manual (1987). Both federal PUblications group such establishments Into one (1)
CIllegory, namely "Carwashesn. However, acx:ordlng w the OccupaUcnal Ucense sectlon, the aty
Issues licenses for the following three (3) categol1es:
#811190 Auto Detailing / Washing (22 licenses)
#811193 Carwashes Coin Operated (4 licenses)
#811194 Full Service Carwash (5 licenses)
1hIs year, the aty aJITeI1lIy Rcensed a total of 31 businesses that are considered w be a car wash
type of use. Acc:ooIIng w the NAICS, "carwashesn Is the Industry where businesses are engaged In
deanlng, wasl1Ing, and I or waxing autDmolfve vehIcles, such as P8SSenger cars, Inrcb, vans, and
lnlIIers. The Inlent of the subject ClOde amendment request Is w BnOW the construc:Uon of 8 full
service car wash on a vacant property zoned M-1. There are five (5) licensed full service C8rwashes In
the dty. They are located In PI'Opel'\les zoned Communlly Cammen:IaI (003) and Planned Commen:lal
Development (Pm). .
Page 2
CORV 05-001
AN4LV$m
Furr selVlce car washes are currently allowed as pennltted uses In the C-3 and PCO zoning dlstlfcts.
Further, car washes are accessory uses to gasoline dispensing establfshments Whfch are COndltlonaf
uses In the Neighborhood Commercial (C-2) zoning dlstrfct. However, car washes (of any kind) are
currently not pennltted In the M-l zoning dlstrfct. staff has had several meetings with the appflcant
and / or their dlent to dlsaJss the posslblflty of constructing a full service car wash on a vacant parcel
In the M-l zoning district. The applfcant submItted sketches showing the conftguratlon of a car wash
fadllty, Indudlng the drive aisles and parking areas. The applicant dId not proVide any written
JusUftcatlon for the subject code amendment However, In today's convenience driven market, many
companies operating as full servfce car washes desire locations along major arterfals for the added
exposure and convenience. The property, earmarked for the full servtce car wash, Is SPedflcaffy
located within the M-l zoning district afong a major road (Congress Avenue). Congress Avenue Is
dasslfled as a Prindpal Arterial as defined by the Oty's Comprehensive Plan. Generally, heavy
commercial and Industrial uses are consolfdated In areas that are Isolated from commercial nodes and
pUblic view. These activities would nonnally OCaJr within the dty's Industrial zonIng dlstrfcts. The
subject site, however, Is located within an area that has historically been a large, consolfdated, and
compact Industr1al "district" of the city. The "dlstrfct" was the focus of a comprehensive study (The
South Congress Avenue Industrial Conidor study) that was completed In 2002 to evaluate the exfSUng
Industrfal uses and theIr vitality.
South Conar.ee Avenue Study
The Study area contaIned a homogenous mixture of ,ndustrfal uses. The major sectors were
Constrvctton, Manufactutfng, Wholesale Trade, Transportation & WarehOUSIng, and PetSOnal &
Ptof'esslonal Servtces sectors, which accounted for over 88% of all the licenses Issued.
The Study revealed that there were 204 occupational licenses Issued for the area. Out of the 204
aoenses, 61 licenses or nearly 30% of them were Issued for businesses located along Congress
Avenue. Interestingly, over 66% of the licenses Issued Within the Retail Trade category were for
busfnesses located along Congress Avenue. However, the number of businesses engaged In Retail
Trade In general was Insignificant within the entire Study area. Some of the Study's final
recommendaUons that are gennane to this code review request Induded the follOwing:
1. Desa1be ComprehensIve Plan Amendment to acquire pm standards. Staff recommends
strengthening and darffylng the language In the Comprehensive Plan regarding the PIO zoning
district. By requIring the parcels over 15 aaas In area to rezone to PIO, retail uses would be
accommodated In whIch, the M-l zoning dlstrfct would not ordInarily allow. ThIs attribute of the
PIO zonIng dlsb1ct would allow for flexibility, WhIch In turn would aId In future development
contributing to the economic base of the CIty;
2. DesIgn standards for M-l / PIO uses abutting. major arterials; and
3. Ust pennitted uses (for use approval) In the PIO.
It should be noted that soon after the Study was completed, two (2) large tracts of vacant land were
rezoned to allow for townhouses - a non-lndusb1a1 use. These events eliminated the need to revisit alf
lIut.one of the IIlcMHIesaIbecl reoommendalIons name/y design SlIndanls Ipproprfate for Pl'OP8lUes
In the M-l zoning dIstrict that front on major c:on1dors such as Congress Avenue.
Page 3
(DRV 05-001
The general Intent and purpose of the C-4 and M-1 zoning dlsb1cts Is to provfde adequate space for
more Intense commercial and Industrial uses. Therefore, automoUve uses within these dlstrfcts are
relegated to those aforemenUoned areas that are heavy commercial or Industrial In nature.
ACCOrdingly, the IntenUon Is to separate these sites from less-Intense COmmerdal acUvlty and
oresldenUal neIghbOrhoods. Staff has acknowledged that historically, many properties In the C-4 and
M-l zonIng districts were designed and approved for heavy commercfal and Industrfal uses WIth lower
parking requIrements than theIr commercial counterparts. However, these older sItes have been
converted for automoUve-lntensfve uses that possess hIgher off-street parkfng demands. The problem
arises In sltuaUons when the automoUve uses become busier; the demand for extra parkfng spaces
becomes more apparent. In the case of auto repair shops, the parking space dilemma starts WIth the
accumulatfon of vehldes (either waiting to be serviced or retrieved by the owners) and the lack of
excess or overflow parking spaces. However, wtth the excepUon of TIre KIngdom at 3030 South
Congress Avenue, these older, heavy commercial and Industrfal sites are typically hidden and unseen
from the major arterials. Retrofitting existing sites for more parkfng-lntensfve uses becomes
problematic. The land Development RegulaUons do not spedflcally address the parkfng requfrements
for automated car wash fadlltfes. ACCORflng to code, however, In no case shall less than four (4)
outside partdng spaces be provided for any non-resldenUal use. The parkfng requfrements for car
washes will be revfslted by staff dUring the re-wrIte of the Land Development RegulaUons.
Permitted and Condltlona' Uses
As previously mentioned, automotive uses are allowed In the M-! zoning district. ACCOrding to the
HAlCS, there are a Wide range of business activities within the category of "automotive use". For
example, gasoline dispensing establishments, auto retail store, and car washes are pennftted uses In
the C-2, C-3, C-4, and PCD zoning districts but would be Inappropriate for Isolated Industrfallzed areas. 0
These types of establishments flourish In more commercialized, heavy traffic, and highlY-visible areas.
Ukewfse, It Is very common to have a stand-alone car wash as a subordInate use (accessory use) to a
gasoline dispensing establishment (prindple use). As Previously stated, gasoline dispensing
establishments are generally located on major roads with high visibility. It should be noted that these
gas stations are not pennltted by right but are approved as condltfonal uses. CondlUonal uses are
those uses that are deemed In appropriate generally, or wtthout restrk:Uon, throughout a zoning
dasslficatfon or district. Conditional uses require public hearings and are evaluated on a separate set
of devefopment standards. staff reviews each request on a case-by-case basis, ensuring that they
satfsfactorlly meet aff 13 standards for evaluSUng condlUonal uses. Any parking Issues can be
reviewed and addressed during the condltfonal use I site plan review process. The condlUonal use
process will allow for appropriate review for site capadty, particularly when Industrial to commercial
conversIons are being requested. This case-by-case review Is appropriate for a car wash project given
the lack of specific site standards In the code, potenUalfy Intense dlWlaUon c:harac:terlstfcs, POtential
Impacts upon adjacent resldenUal neIghborhoods, and design objed:fves appropriate for uses proposed
along major roadways.
SUMMARY I RECOMNENDAnOfj
A car wash Is a typical 8ClCI!SSOIy use lxI a gas station. Botl1 car washes and gas stations are highly.
COI1lmerdalln nature, but are still dasslfted as an automoUve use. Commercial activities nonnally
IUCX:eed on sites that offer a high degree of visibility. The subject request to anow carwashes In the
M-l zormsr cIlslIfct can be justIfted by the fact that Olngress Avenue Is a major aJl1fdor wllh a high
wlume of. traffic and Its high visibility would Inherer1Uy aUract the COmmerdal user. The Land
Page 4
CORV 05-001
Development Regulations require gas stations to be located at Intersecuons along major
thoroughfares. Therefore, It would be reasonable to allow a car wash to be located In the M-l zoning
district along a major thoroughfare. staff Is In favor of this request, In part, because the subject
property (as Identified by the applicant) Is vacant All parking Issues would be Immediately planned
for and addressed during the site plan review process; the site would not have to be retrofitted to
accommodate said use.
staff recommends approval of the request to allow car washes In the M-1 zoning district as conditional
uses but only with the amended language prepared by staff to proVIde additional safeguards In
Implementing this amendment:
eM-1 zoning dlstrfct)
Olapter 2, Sec:tfon 8.A.4.o. Car Wash (Automatic or Self Servl~)*
Furthennore, staff recommends allowing car washes as conditional uses rather than pennltted uses In
the zoning distr1ds where they are currentfy allowed as pennltted uses (C-3 and C-4 zoning dlstrfct).
In addItion, the followfng changes are proposed to proVIde consistency between the llautomoblle wash
estabflshment'" heading within the use list and the current definltfon of car washes fOund In Olapter
1.ArUde U.Deflnltions. The modifications are proposed as follows:
(C-3 zoning district)
O1apter 2, SectIon 6.C.z. Autemoblle wash establishments car Wash (Automatic or Self Servf~)*
(C-4 zoning dlSb1ct)
OIapter 2, SectIon 6.0.1.e. Automobile Vlash establishment Car Wash (Automatic or Self Servf~)*
The language proposed by staff recognizes the market demand, while at the same time preserves the
perfonnance and design of the dty's shopping centers, the health of heavy commerdal/lndUSb1al
zoning dlstrfds, as well as residentially-zOned properties. By Initiating the conditional use
ft!qulrement.. IndMdual sites can be reviewed for optimum layout, buffering, and operation In order to
maximize compatlbrllty with the sUlTOUndlng area. Furthennore, said projects can be reviewed for
aesthetic design where visible from major public rights-of-way. The amended language proposed by
staff would also help to further separate Incompatible land uses.
exhibits
MR/eU
S:\PIannlng\SHARB)\WP\SPEQlROJ\CODE REV!EW\CDRV 05-001 Carwashes In M-1\Staff Report.doc
City Commission
City Manager
City Attorney oP ,i
City Clerk 1~-,'~
Lv-,p {. P. - -:2,
v
June 10, 2005
Dear Honorable Mayor, Vice Mayor and City Commissioners,
The CRA Board has unanimously voted to request the, ability to formally review
and make recommendations on proposed Ordiqance,Q5-021 pertaining to
Carwash uses in M-1 zoning ar~as. The current drafted'ordinanee departs from
the version that was forwarded'with comments from the CRA Board at our March
22ticf;2005 (Continued) Boam''Mcaeting. Several elements that would have made
caiwashes a,conditiohal .lJ~~/ltistead of a permitted use itiC3 and C4 zoning
were taken out. Also, the;:provision to limit the M-1 <lJS!it to certain corridors was
changed to a1lM...1 d~ric;tS which is not in the best interest of the CRA, and the
City's redeveloprne,n.t'a~,
:'I'!'~ .
We would thel'$f<)te wis,h: to review and make a recommendation on the actual
draftedordlna~~. Th~ can easily be accomplished at our July 12th, 2005
meeting. ' '
Thank you for your ,time and consideration.
Respectfully submitted, . "
~A/~~
/Jeanne Hea~i1in
Chair
RECEIVED
JUN 1 3 2005
CJTY MAN.AGER'S OFFICE
BoYNTON BEACH
CoMMUNITY RmIYILOPMINT AGENCY
639 E. Ocean Ave. ste. 103
Boynton Beach. FL 33435
OffIce: 561-737-3256 · Fax: 561-737-3258
C.\MoneI_NicaIe Sh..llLelt8ralC_h M110fter IL05.dc>c
r
XII. - LEGAL
ITEM A.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon)
D April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business .
_cr_ ..
~ Legal f'..)
D U";
UnfInished Business
D -n
Presentation -;;...,
(...)
r"0
,=
-J .,.,
.--~. ~--',
.- I,:)
-'-'i~~ CD
-- rTI
S-'>
;TIO
::r:
RECOMMENDATION: Please place this request on the June 7, 2005, City Commission Agenda under Legal,
Ordinances-Second Reading. The City Commission approved this under First Reading on May 3, 2005. Staff recommends
that pursuant to the requirements of Chapter 163 .3177( 6)( a), Florida Statutes, the Commission adopt by ordinance the
Comprehensive Plan Future Land Use Map in Geographic Information System (GIS) format.
EXPLANATION: The subject ordinance has been generated in response to the conversion of the
Comprehensive Plan Future Land Use Map to GIS. Until now, the Comprehensive Plan Future Land Use Map has been
maintained on mylar, through manual graphics means. The GIS conversion, in part will facilitate the availability of accurate
land use information to all departments with GIS access, will contribute to the City's "e-government" service system, and
allow for quicker automated updating of the map.
PROJECT NAME:
Comprehensive Plan Future Land Use Map on GIS
PROGRAM IMP ACT:
N/A
FISCAL IMP ACT:
N/A
ALTERNATIVES:
N/A
~
City Manager's Signature
kJ 7,~-?
Planning and Zo . g lrector
City Attorney / Finance / Human Resources
S:\planning\SHARED\WP\SPECPROJ\FUTURE LAND USE MAP-GIS\Agenda Item Request - June 7, 2005.dot
1 ORDINANCE NO. 05- O~5"
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA ADOPTING
5 THE FUTURE LAND USE MAP IN GEOGRAPHIC
6 INFORMATION SYSTEM (GIS) FORMAT AS A PART
7 OF THE CITY OF BOYNTON BEACH
8 COMPREHENSIVE PLAN; PROVIDING FOR
9 CONFLICTS, SEVERABILITY AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, staff has developed a GIS system that is being implemented within the
13 City, which conversion will, in part, facilitate the availability of accurate land use information
14 to all departments with GIS access; and
15 WHEREAS, staff recommends adoption of this Ordinance to approve the conversion
16 of the Future Land Use Map to a Geographic Information System (GIS) format;
17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
20 and confirmed by the City Commission.
21
Section 2.
FUTURE LAND USE MAP:
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A. Adoption. The designation boundaries hereinafter set forth and
delineated on the future land use map, including all explanatory matter thereon,
is hereby adopted. The future land use map shall be maintained as a digital
format GIS document. The most recent version of the land use map shall be
kept on file, in printed form, in the office ofthe City Clerk.
B. Updates. The City Commission may amend the future land use map
from time to time by ordinance. The revision dates and ordinance numbers
shall be maintained in a separate data file in the office of the City Clerk.
Section 3.
All laws and ordinances applying to the City of Boynton Beach in
33
conflict with any provisions of this ordinance are hereby repealed.
C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKDI \Ordinance (2).doc
1
Section 4.
Should any section or provIsIon of this Ordinance or any portion
2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
3 affect the remainder of this Ordinance.
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Section 5.
This Ordinance shall become effective immediately.
FIRST READING this _ day of
,2005.
SECOND, FINAL READING AND PASSAGE this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
C:\Documents and Settings\ferraral\Local Settings\Ternporary Internet Files\OLKDI \Ordinance (2).doc
ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
L<\l\fENDINC THE L}-'LL~D DEVELOPl\fENT
RECULA..TIONS, CHLA..PTER 2., SECTION 3.
RECULATIONS L\ND MLA..P., SUBSECTION A.
OFFICILA...L Z;ONINC l\{AP ADOPTING THE FUTURE
LAND USE MAP IN GEOGRAPHIC INFORMATION
SYSTEM (GIS) FORMAT AS A PART OF THE CITY OF
BOYNTON BEACH COMPREHENSIVE PLAN
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, staff has developed a GIS system that is being implemented within the
City, which conversion will, in part, facilitate the availability of accurate zoning information
to all departments with GIS access; and
WHEREAS, staff recommends adoption of this Ordinance to approve the
conversion of the Official Zoning Map Future Land Use Map to a Geographic Information
System (GIS) format;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2.
That Chapter 2 Zoning. Seetion 3.A. is hereby amended by adding
language in underlined type, and by deleting the words and figures in struok throligh type, as
follows: FUTURE LAND USE MAP:
A. OFFICIAL ZONING MAP.
A. Adoption. The distriet designation boundaries hereinafter set forth and
delineated on the offioial zoning map future land use map, including all
explanatory matter thereon, is hereby adopted. The offioial zoning future land
use map shall be maintained as a digital format GIS document. The most
recent version of the official zoning map shall be kept on file, in printed form,
in the office ofthe City Clerk.
S:\Planning\SHARED\WP\SPECPROJ\FUTURE LAND USE MAP-GIS\Amending LDR - Chapter 2 GIS Land Use Map.doc
2. Updates. The City Commission may amend the omeial zoning future
land use map from time to time by ordinance. The omeial zoning map sh8:ll be
notated to list 8:11 revision dates. The revision dates and ordinance numbers
shall be maintained in a separate data file in the office of the City Clerk.
Section 3.
Each and e'/oc)' other pro'/ision of the Land Development Regalations
not herein specific8:lly ameRded, sh8:ll remain in full force and effect as originally adopted.
Section 1.
All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 4 ~. Should any section or provision of this Ordinance or any portion
thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6.
Al:lthority is hereby given to codify this Ordinance.
Section 7.
This Ordinance shall become effective immediately.
FIRST READING this _ day of
,2005.
SECOND, FINAL READING AND PASSAGE this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\Planning\SHARED\WP\SPECPROJ\FUTURE LAND USE MAP-GIS\Amending LDR - Chapter 2 GIS Land Use Map.doc
XII. - LEGAL
ITEM B.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon)
D Apri119,2005 Apri14,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20,2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
-~l ..-1
RECOMMENDATION: Please place this request on the June 7, 2005 City Commission Agenda under ggal,;; S
Ordinance - First Reading. The City Commission/Local Planning Agency denied the subject request under Conse~d.~~ co
Legal, Ordinance - First Reading on April 19, 2005. At the May 3,2005 meeting, the City Commission acted to h~ tWBS;
item reconsidered at its May 17th meeting. Following further consultation and pursuant to the approval by thRlanfi'~
Board, staff recommends that any height above 45 feet should be treated as a conditional use. (See attached .....
Ordinance). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ
05-040.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlica, P .E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land Development Regulations to increase the allowable
building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use
(MU) PODs of the Planned Industrial District (PID) regulations.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES~ .n:~ _
Develo~
~
City Manager's Signature
J-ud ~
Planning and Zo ~ctor City Attorney / Finance / Hwnan Resources
S:\PlanningISHARED\WPISPECPROJ\CODE REVIEw\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-0066-7-
05 1 s reading-back.dot
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ORDINANCE NO. 05-0a3
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
AND 7 P. 1. e. TO ALLOW A MAXIMUM
BUILDING HEIGHT EXCEEDING FORTY -FIVE
FEET IN HEIGHT BUT NOT EXCEEDING
SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
MIXED USE POD, PROVIDING APPLICATION
FOR BUILDING WITH A HEIGHT EXCEEDING
FORTY-FIVE (45) FEET SHALL BE PROCESSED
AS A CONDITIONAL USE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the City's Pill Land Development Regulations limit building height to
orty- five (45) feet; and
WHEREAS, the City Commission has considered recommendations from City staff
hat buildings in Pill mixed use PODS be permitted to a height of seventy-five (75) feet
ubject to conditional use review/approval;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, THAT:
Section 1.
Each Whereas clause set forth above is true and correct and herein
ncorporated by this reference.
Section 2.
That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as
ollows:
14. Maximum Building Height. No building or appurtenances thereof
within the Pill zoning district shall exceed forty-five (45) feet in height,
with the exception of buildings in a Mixed Use POD pursuant to Section
7.P.1.e.1.
Section 7.P.1.e Maximum Structure Height. Mechanical equipment which
exclusively serves the structure shall not be included in the calculation of height.
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e.1 Maximum Building Height. The maximum building height within a
Mixed Use Pod shall not be greater than fiH3 (5) stories and shall be belm',' the Florida
Building Code thresholds for a high rise c1assification.75 feet. Any building
exceeding 45 feet in height shall be processed as a conditional use.
Section 3.
That Chapter 2. Section 7 P. 1.e of the LDR is hereby amended by
reating new sections as follows:
e.2. Building Height Measurement. Building height shall be measured
fyom the lowest finish floor slab elevation of the proposed building to the peak
of the stmcture, including any architectural details, stairwells, elevator shafts,
etc.
e.3. Height Setback Envelop. Minimum building setbacks shall be based
on building heights for buildings greater than forty-five (45) feet in height.
The height setback envelop is applicable where the Mixed Use development is
adjacent to an existing developed single-family residential zoning district
outside the PID. This minimum setback shall be three (3) times the building
height for any multifamily or nonresidential stmcture. The setback shall be
measured from the common boundary of the PID and the existing single.:
familv residential zoning district of the midpoint of any intervening right-of-
way.
Section 4.
Each and every other provision of Chapter 2, Section 7 of the Land
evelopment Regulations, not herein specifically amended shall remain in full force and
ffect as previously enacted.
Section 5.
All ordinances or parts of ordinances in conflict herewith be and the
ame are hereby repealed.
Section 6.
Should any section or provision of this ordinance or portion hereof,
ny paragraph, 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 7.
Section 8.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of
, 2005.
uantum Park
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SECOND, FINAL READING AND PASSAGE this
005.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
TTEST:
Commissioner
'ity Clerk
Commissioner
CORPORATE SEAL)
uantum Park
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-040
TO: Chair and Members
Planning and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM: Ed Breese ~
Principal Planner
DATE: March 4, 2005
SUBJECT: CODE REVIEW (CDRV 05-006)
Quantum Park PID (Maxbnum BuDding Height In Mixed Use Pods)
NA'I1lRE OF REOUEST
Mr. Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's
Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45-
foot limitation contained within the Quantum Park Planned Industrial District (PID). The request is
specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "A" -Justification Statement).
BACKGROUND
The City's Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building
height within Planned Industrial Districts (PID). According to the Cll1TeI1t regulations, "No huilding or
appurtenances thereof shall exceed forty-five (45) feet in height". To date, the residential construction
OCcurring within Quantum Park has been primarily townhomes and apartments, which complied with the
45-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOPC #15),
approved by the City COmmission on February 15, 2005, providing for an increase in the allowable
number of dwelling units by 105, the Quantum Group would like to make provision for a vertical
condominium residential option.
ANALYSIS
The requested amendment would affect only those properties within a Planned Industrial Distriot (PID)
designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID.
Staff reviewed the Quantum Park Master Plan (see Exhibit "B" - Quantum Park Master Plan), and the
only lots containing the "Mixed Use (MU)" designation are noted as follows:
Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard and were
approved for a townhouse development by DR Horton in 2002 mown as Quantum Townhomes Bast &
West (now called Parkside). This project is nearly built-out.
.rage .{.
CDRV 05-006
Lots S 9-61 & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were
approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes
Villas. This projeot is complete.
Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of High Ridge
Road and were approved for an office, retail and rental apartment development by Olen Development in
2002 known as Quantum Park and Village South. The rental apartment component of this project is under
construction.
Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, abutting High Ridge
Road and were approved for an office, retail and townhouse development in 2002. The townhouse project
(now called Canterbwy) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is
currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within Quantum Park
is 94.86 acres, which is approximately 17% of the total aoreage of the DRI (553.13 aores). Additionally,
only two of the "Mixed Use (MU)" pods are near the fiinge of the PID, abutting single-family residential.
First is the Quantum Park and Village North project, which abuts a vacant tract of land to the west that is
zoned single-family. Second is the Parkside townhouse project, which, as stated earlier, is nearly built-out
and which abuts the L WDD E-4 Canal to the west and across the canal is the Dos Lagos residential
community.
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to
take adV311tage of the additional 105 dwelling units would be either Quantum Park and Village South or
Quantum Park and Village North, since the office and retail components of these projects has not begun
construction. The subdivision master plan for either of these sites would require a formal modification and
review in front of the Board and City Connnission to incorporate the additional units while reducing other
approved uses on the site.
Based upon discussions staff has had with Olen Development, and their recent submittal for a Master Plan
Modification and Major Site Plan Modification, they would intend to amend the plans for Quantum Park
and Village South to accommodate the additional dwelling units, while redesigning the office and retail
components. As justification for the request for additional height, Quantum states that "An increase in
height will encourage the conservation of natural amenities by accomplishing the vested development
intensities in a vertical manner in contrast to the land sprawl oflower height development".
During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban
Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a
result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations:
Revise Section 7.H.14 - Maximum BuDding Height, as follows:
Section 7.H.14 - Maximum Building Height. No building or appurtenances thereof within the
PlD zoning district shall exceedforty-five (45) feet in height. with the exception ofbuildines in
a Mixed Use POD pursuarzt to Section 7.P.I.e.I.
Renumber and revise Section 7.P.l.e - Maximum Structure Height, as follows:
::: ~J.= :=::: ~~ =="!"""BIH ,",10.\ ~_
""'--.w fto/ H i,..,..,..;"., ~ _;
Section 7.P.I.e.I) MllXlmum BuUdln1! Heigh e building helrht within a Mixe&t.
Page 3
CORV 05-006
Use ~:'!:r~:ll :ot ::.:e::::u~~;,n ~:~ (5) stories and shall he helow the Florida Building Code
thresholds for a ",,,h-rise class.{ CD .
Add two (2) new subsections, as follows:
As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, whioh
allow mixed use in a vertical configuration, allow a height oomparable to that being requested by the
applicant, make provisions to safeguard adjacent single family residential communities, and is being
utilized in the immediate vicinity in conjunction with the Renaissance Conunons project.
SIlMMARy
As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the
existing SMU regulations, staff recommends the following amendments to the PID district regulations,
which vary slightly from those suggested by the applicant:
Revise Section 7.H.14 -Maximum BuUding Height, as follows:
Section 7 H.14 - Maximum Building Height No building or appurtenances thereof within the
PID zoning district shall exceed/arty-five (45) feet in height.. with. the exceotion q.fbui1dinfS in
a Mixed Use Pod pursuant to Section 7.P.J.e.
Amend Seotion 7.P .l.e. - Maximum Structure Height, as follows:
::::;::;;:".:::::::::::::'=:'::;::;:'Il/pIrIMtll.w.n __IeIy_
Page 4
CDRV 05-006
~~. Iu~= Is hllthqf. I~_~:,.r::, ~ ::. =: -i:1ud1., an~
architectural details. rooftoJ' equiP e st el.. 'Q e .
(2)
The slight changes reoommended by staff, from the language proposed by the applicant, involve: (one)-
the further defining (olarifying) of height in feet, rather than in stories; (two) _ the utiIimtion of SMU
language in requiring structures between SS and 7S feet in height to be treated as a Conditional Use and
denoting that height exceptions are not allowed; (three) - the addition of FEMA floodplain criteria as an
additional option in detennining the base of measurement for height.
RECOMMENIlATION
Staffrecommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be
approved. It is staff's opinion that the Mixed Use COmponents of Quantum Park share many of the traits of
the SubW'ban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola
site), and similar regulations appear appropriate.
1:~TA\PLAmlJNGIsHAIu!mWP\PR.OJECTS\QUANroM PAlOOMU POD HEIGHT <DllV.DOC
..:!I~- QUAN j:'UM
.;;jflir- G R 0 U P 0 F COM PAN I E S
EXHIBIT A
January 18,2005
Mr. Michael W. Rumpf, Director
City of Boynton Beach
Pepartment of Development
Planni'lg & Zoning Division
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
RE: Quantum Park DRI
CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT
Dear Mr. Rumpf:
Pursuant to a proposed development order condition for the pending NOPC for the above
referenced project we are requesting a code review, or more precisely a zoning code text
Change, to accommodate the intended development Provided with this request are the
following items.
1. Code Review Application Pee of $250.00, Check No. 1331, made payable to The
City of Boynton Beach.
. 2. QUantum Park PID Code Review Request Justification Statement and Discussion,
dated January 2005.
Please review the enclosed Justification Statement and schedule this Request for
Consideration at the earliest possible date by the Planning and Development Board and
subsequently by the City Commission. Final consideration of this Request by the City
Commission on or before February 15, 2005 will not adversely impact the Project
development schedule.
If you should have any further questions, please feel free to contact me at any time.
S~cerely,
Eugene A' Oerlica, P.E.
co: Doug MacDonald
David Noms, Esq. Cohen, Noms, et. aI., (w/enel)
Igor Ole~eo~ Olen Development, (w/enel)
Steve Fike, Olen Development, (w/enel)
F:\Quan1lmr Llmlttt/WOPClS CODE REPlE1P Bldg HtlRMmpf-lIf'ooCDRP200S-J./O.doc
2600 Quantum lalcea Drive. SuIte 101
Bovnton Beach. R. 33426
(561)740-2447 · Fax: (5611740-2429
e-maIl: quantgrpOqgc.cc
QUANTUM PARK pm
CODE REVIEW REQUEST
JUSTFICATION STATEMENT AND DISCUSSION
INTRODUCTION AND PURPOSE
Quantum Park is zoned Pill; it is greater than 500 acres in size and contains
a Mixed Use POD consisting of four (4) locations. This Code Review is
requested to propose a zoning text change that will allow building heights in
excess of the current maximum building height of 45 feet within the Mixed
Use POD of Quantum Park Pill. This Code Review request is submitted
pursuant to a proposed development order condition of the pending DRI-
NOPC) and Master Site Development Plan amendment CUlTently under
. .consideration by the City.
'mSTIFICATION STATEMENT AND DISCUSSION
. A maximum building height greater than 45 feet will allow Quantum Park to
optimize the stated intent and purpose of the PID district as setforth in the
Code. Please consider the follOwing.
An increased building height will better satisfy current demands for
Mixed Use lands by encouraging development which reflect changes in
land development trends relating to the topographic variety of the .
Quantum Park site.
An increased building height will encourage the conservation of natural
amenities by accomplishing the vested development intensities in a
vertical manner in contrast to the land sprawl of lower height.
developments.
An increased building height will permit economies in providing public
services.
I DR! - Development ofRegionallmpaot, NOpe - Notice of Proposed Change
QUAN'IUM PARK PID - CODB RBVIBW REQUEST
lanuary 2005
p,'IQua"tum LImlted\NOPCIJ CODE REPlEW B1dg HttCODE RBY1BW-RvJ.doo
Page 1 of4
An increased building setback is proposed for buildings greater than 45
feet in height. The height setback envelope criteria will 'eliminate
adverse impacts to existing adjacent single-family zoned lands.
Over the years Quantum Park has evolved into a complex Mixed Use
development. Please consider the following historical perspective. In 1984,
Quantum Park was envisioned to be an emulation of the Silicon Valley type
development in California. Quantum Park with over 4.0 million square feet
of building area proposed for research ,and development companies would
compliment the newly constructed Motorola Plant and the ffiM campus in
Boca Raton. In 2005, the Motorola Plant is gone, ffiM is gone and the
development in Quantum Park includes nearly 2.0 Mil square feet of
warehouse/distribution space, a High School, a commuter train station, a
, City Park, a private drug and alcohol rehabilitation facility, 1,000 residential
units and a proposed police and fire station.
Quantum Park and the City of Boynton Beach have evolved to include these
desirable Mixed Use pockets of development complete with high-density
residential and commercial space in close proximity. The high density and
close proximity are key to promote the pedestrian use of connectivity
'facilities. Other examples of the mixed~use developments are the marina
project, the CRA and the Rennisance project. These mixed-use projects
include building heights in excess of 45 feet, some as great as 75 feet.
Quantum Park may well be the most unique site topographically in Palm
Beach County. The water management tracts are some of the lowest in the
County at elevation 8.00, while the natUral grades are some of the highest at
elevations in excess of 40.00. The constructed finish floor elevations vaty
from'elevation 14.50 to in excess of elevation 35.00. An increased maximum
building height, particularly at the lower elevations, is not only appropriate,
but also desirable~
The proposed text amendment regarding the increased maximum building
height will provide the Code criteria that will allow taller multifamily
residential buildings. The individual homes may be a single floor product in
contrast to the multistory residential units now existing in Quantum Park
An additional housing product of this nature can be offered consuming less
land area provided the maximum building height is increased.
QUANTUM PARK PID - CODE REVIEW REQUEST
January 2005
F:\Quantum Llmtted\NOPC1S CODE REYIEIr Bldg HtlCODE REJ'1EW-RvJ.doc
Page 2 of4
CODE SECTION REFERENCE
Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code.
Section Seven (7) is the Planned Industrial Development District Code.
Text amendments to the following subsections of this Section are proposed
to address the maximum building height request.
Section 7 .H.14 - Maximum Building Height
Section 7.P.l.b - Definitions
Section 7.P .t.e - Maximum Structure Height
[This area left intentionally blank]
QUAN'IUM PARK PlD - CODE RBVIBW REQUEST
January 2005
. P:\QucrIltum LtmttedWOPCIJ CODE REP1EJY Bfdg HtICODE RlWIEW-RvJ.~
Page 3 of4
i .
PROPOSED ZONING TExT CHANGES
Revise Section 7 .H.14 - Maximum Building Height, as follows:
Section 7.H.14 - Maximum Building Height. No building or
appurtenances thereof within the PID zoning district shall exceed
forty-five (45) feet in height, with the exception o/buildings in a
Mixed Use POD pursuant to Section 7.P.l.e.l).
Renumber and revise Section 7.P.l.e - Maximum Structure Height, as
follows:
Section 7.P.l.e.l) Maximum Building Height. The .maximum
building height within a Mixed Use Pod shall not be greater than
five (5) stories and shall be below the Florida Building Code.
thresholds for a high-rise classification.
Two (2) new subsections are proposed, as follows:
Section 7.P.l.e.2). Building Height Measurement. Building height
s.hall be 1I:Ieasured from the lowest finish floor slab elevation of the
proposed huilding to the peak of the structure, including any
architectural details, stairwells, elevator shafts ete.
Section 7.P.I.e.3). Height Setback Envelop. Minimum building
setbacks shall be based on building heights for buildings greater
than 45 feet in height. The height setback envelope Is applicable
where the Mixed Use development Is adjacent to an existing
developed single-family residential zoning district outside the PlD.
This minimum setback shall be three (3) times the building height
for any multifa~ily or nonresidential structure. The set back shall
he measuredfrom the common boundary of the PID and the
existing single-family residential zoning district or the midpoint of
any intervening right-of-way.
QUANTUM PARK PID - CODB RBVIBw REQUEST
lanuary 2005
.F,'\Qualitum LlmlUdWOPC1S CODE RBJI1BW Bldg HtlCODE REPIl{WJlvJ.doc
Page 4 'of4
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ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
AND 7 P. 1. e. TO ALLOW A MAXIMUM
BUILDING HEIGHT EXCEEDING FORTY-FIVE
FEET IN HEIGHT BUT NOT EXCEEDING
SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
MIXED USE POD, PROVIDING APPLICATION
FOR BUILDING WITH A HEIGHT EXCEEDING
FORTY-FIVE (45) FEET SHALL BE PROCESSED
AS A CONDITIONAL USE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the City's PID Land Development Regulations limit building height to
forty-five (45) feet; and
WHEREAS, the City Commission has considered recommendations from City staff
that buildings in Pill mixed use PODS be permitted to a height of seventy-five (75) feet
subject to conditional use review/approval;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMl\fiSSION OF
THE CITY OF BOYNTON BEACH, THAT:
Section I.
Each Whereas clause set forth above is true and correct and herein
incorporated by this reference.
Section 2. That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as
follows:
14. Maximum Building Height. No building or appurtenances thereof
within the Pill zoning district shall exceed forty-five (45) feet in height,
with the exception of buildings in a Mixed Use POD Dursuant to Section
7.P.l.e.1.
~~ :.~! .e MIlKimulB SlI'Ileture Hei~t. MeehtmieaJ ::; ~eh
exehlsivcly serves the struet\:lre shall Hot be iHeludeEl iB th;;;;;i . 1.
e.1 Maximum Building Height. The maximum building height within a
Mixed Use Pod shall not be ~ter than Ii,'e :S;.IO~ ",::"~I be bOlO"::," F1.ri~
Buildiftg Cede thresholds fer a .~igh ris las ifieat' .75 feet. An buildin
exceeding 45 feet in height shall be processed as a conditional use.
~'~~~m~~ ~s:~~ :1~~~~~~S\~n:~~:t::~ ~~KIE\Ouantum Par~
H~i~ht.docS:\C:\ \OMiRaRee8\PlaRft.iRg'.~;di~;';iyS: ~ . .
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Section 3.
That Chapter 2. Section 7 P. t.e of the LDR is hereby amended by
creating new sections as follows:
e.2. Building Height Measurement. Building height shall be measured
from the lowest finish floor slab elevation of the proposed building to the peak
of the structure. including anv architectural details. stairwells. elevator shafts.
etc.
e.3. Height Setback Envelop. Minimum buildine: setbacks shall be based
on building heights for buildings greater than forty-five (45) feet in height.
The height setback envelop is applicable where the Mixed Use development is
adjacent to an existing: developed single-family residential zoning: district
outside the Pill. This minimum setback shall be three (3) times the building
hei t for an multifamil or nonresidential structure. The setback shall be
measured from the common boundarv of the PID and the existing single-
family residential zoning district of the midpoint of anv intervening: rie:ht-of-
way.
Section 4. Each and every other provision of Chapter 2, Section 7 of the Land
Development Regulations, not herein specifically amended shall remain in full force and
effect as previously enacted.
Section 5. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 7. Authority is hereby granted to codify said ordinance.
Section 8. This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of , 2005.
2005.
SECOND, FINAL READING AND PASSAGE this
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
~'~=~~t~=== ~~~~~\=:~~ti~:~ fg:~KIE\Ouantum Park
H~illhtdOCS!'.C.\'.OrtIiR8Reelt\P18RltiRgl(:e~i;~;ii:j;; 4. . .
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B (CORPORATE SEAL)
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Commissioner
Commissioner
~~~~:'~=l~~~~~~::=::~~\1=f::~e= ~t~~:~ ~~.:eLKIE\Ouantum Park
Development staff response to Issues related to Code Review CORY 05-006
April 5, 2005
1. Definition of five-story building -- without a companion height limitation, how high
theoretically can the building be? There is nothing in the staff report to indicate how high
a five-story building would be. Assuming a 12' ceiling height, a five-story bUilding,
exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the
maximum building height by right is 55 feet. The petitioner in this instance has requested
authorization of "five-story buildings" as opposed to the underlying PID allowance of
buOdings having a maximum height of 45 feet. Further, the SMU code as referenced in the
staff report does allow for increased height of buildings in the SMU district between 5S feet
and 75 feet subject to special review and setback regulations. In summary, I am concerned
that the petitioner's request for authorization of a five-story building lacks specificity and
will result in interpretive problems for the staff and Commission. The building height
should be expressed in feet not stories. That said the visual impact of five-story buildings
along Gateway must be addressed by staff. This was not done in the staff report.
The Staff Report Summary recommends revising Section 7.P.1.e of the Planned
Industrial District (PID) regulations to read as follows:
Section 7.P.t.e - Max/mum Build/no He/oht. The Mixed Use Dads wlth/n the PID shall
aI/ow for a heiaht of fiftv-five (55) feet for mixed use and resld;ntial build/nas. Building
heiahts between fifty-five 55 feet and a maximum of seven -fIVe 75 feet shall be
rocessed as a Conditional Use. No exce tions to the maximum he! ht shall be
allowed.
Staff does not consider the 10 foot difference, between the currently allowed 45 foot
height to the midpoint of a pitched roof with the possibility of being granted an
undetermined height exception and the maximum 55 foot height to the top of a roof with
no exceptions, to be significant. The 75-foot height limit can only be achieved by going
through the conditional use process. As a result staff does not consider the visual
Impact along Gateway to differ significantly from what can be built now.
2. What does "shall faU below the Florida Building Code thresholds for a high-rise
classification" mean? This is not explained in the staff report. If this is an exception to any
fire code provisions, the FD may have objections to the proposed language. Will the new
high-rise regulations to our fire code apply to the PID? The staff report needs to address
this matter.
This statement should more correctly reference Ordinance No. 04-005 which amended
Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which
defines "High Rise" as six stories or 75 feet.
3. The staff report recommends deploying the set-back provisions of the SMU in the
Quantum PID - however, as noted above, this may be a moot point as there is no
contiguous single famDy property for vacant lots, I believe. The only area which I saw
adjacent to single-famDy is the MU lots 23-31, which have been developed. As land use
policy, the provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that
the SMU designation is a special case with limitations ...
The only existina single family is Dos Lagos adjacent to lots 23 -31. However, it is
possible that future single-family adjacencies could occur at parcels 83, 87 and 88. The
recommendation by staff is based on a vision for the future, which would allow
Intensification, by height based on subsequent and required NOPC applications andlor
substantial deviations to the DR/. To add additional units or square footage above the
current threshold of the DRI, fonnal applications would be required and reviewed
accordingly. Rather than creating a new system, based on the similarities in location
and use with the SMU, the general components of the SMU were applied.
4. I did not see any language that would seek to evaluate the SMU provisions for usable
open space at the Quantum PID. Your staff needs to address whether such requirements
are appropriate or beneficial to the MU area of Quantum PID. This is an important and
integral element of balancing increased height and density. How would and should the SMU
BuDding and Site Regulations apply to the Quantum Site? I ask this because it appears that
the staff report only addressed setback requirements associated with higher buildings.
The Quantum Park PID has it's own open space requirements which it had originally
met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer,
right-of-way plantings, and multiple retention ponds with littoral plantings. The subject
and preceding NOPC amendments have not represented intensifications of the
DRl/Master Plan, but a shifting of uses under the maximum thresholds. The additional
height allowed should not be viewed as an intensification but as a vertical use of
capacity. Therefore, this should not necessarily be viewed as the opportunity to apply
more restrictions disproportional to the request.
5. What is the basis for the developer's desire to increase the DU's by 105 units? What is
the hardship imposed that would allow such an increase in density? The only item I could
see in the developer's presentation package is that the topography of the area is low. (See
page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the
final number and distribution of residential units in the area depicted as Exhibit B to the
staff report? What is the density for the proposal?
The question as to the basis for the developer's desire to Increase OU's by 105 units
would appear to be academic in light of the City Commisslon's Approval of Ordinance
No. 05-013 on February, 152005, which approved the NOPC allowing the additional 105
dwelling units. The DRI application does not state any hardship, nor is the applicant
required to provide that type of justification. From day one, when residential units were
initially allowed Into the PIO via the prerequisite amendments, residential units have
been allowed consistent with the Comprehensive Plan subject only to a FAR and not a
density limit.
6. What impact will this petition have, if granted, on the Mixed Use designated parcels in
the Quantum PID? Based on what has been constructed and what is vacant in these areas,
what can we expect? Also, could the commerciaUomce area on the north side of Gateway
(Lots 83-88) be converted to residential, or has the development of these parcels been
assured as non-residential?
More residential development on Lots 83-88 could occur but would likely trigger a formal
process to amend the master site plan for that mixed-use pod. A certain level of
additional units, if vertical or well integrated would be generally supported by staff.
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Description: Request for Height Exception approval of 19 feet-six
(6) Inches to allow decorative rooftop statues at a
height of 64 feet-six (6) Inches In lieu of the
maximum of 45-feet allowed in the C-3 zoning
district.
Chairman Wische stated that there was only one staff comment and Mr.
Marsicano agreed with the staff comment.
Chairman Wische opened the public hearing. Since no one wished to speak, the
public hearing was closed.
Motion
Ms. Jaskiewicz moved to approve the request for Height Exception approval of 19
feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six
(6) inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district.
Mr. Hay seconded the motion that passed unanimously.
D. Code Review
Quantum Park MU Height (CORY 05-006)
Eugene Gerlica, P.E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land Development
Regulations to increase the allowable building height
from 45 feet to 5 stories in Mined Use (MU) PODs of
the Planned Industrial District (PID) regulations.
Chairman Wische stated that Staff approved it with slight recommendations to
the Planned Industrial District regulations.
1. Project:
Agent:
Owner:
Location:
Description:
David Norris, 712 US Highway 1, attorney for the applicant, assumed the
podium and stated that they accept the staff recommendations.
Ed Bresse, Principal Planner stated that the City Manager requested that Staff
recommend that the Item be tabled so he can have more time to review the
Information submitted.
Chairman Wische stated It was not on the agenda to table, and he was only
Interested In whether the request was approved.
7
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Motion
Mr. Saberson moved to table the request for one month until the next Planning
and Development meeting. Ms. Jaskiewicz seconded the motion.
Chairman Wische objected to tabling and stated the item was already held back
from the February meeting. Mr. Breese informed the Board that the City
Manager had been ill and has not had a lot to time to spend on those types of
Items.
Vice Chair Casaine stated he did not believe that enough reason had been
presented to table the item. He stated that motions must be presented in an
order, and you have to give the opportunity for it to be presented to the pUblic
and the Board for discussion before a motion can be presented.
Mr. Hay stated that based on the City Manager's illness he felt the City Manager
should have the opportunity to review the item.
Mr. Nora pointed out that the item was originally part of the request for NOPC
#15, and staff requested them to remove it from that request so that they would
have more time to review. They gave staff the additional month and a half to
review the item, which Staff gave their recommendation that they agree with. He
did not think it was fair for them to ask for more time at the last minute. He
stated that it is a big project and every request is time sensitive.
Mr. Broening pointed out that after the Board makes its recommendations that
the item then goes to the City Commission for approval, which will provide
sufficient time for any further review that may be necessary.
Mr. Breese pOinted out that Mr. Nora stated Staff asked them to remove the item
from the NOPC #15 to give them more time to review, and that was not a
factual statement. He stated that it is not a part of the NOPC and is not
something that is reviewed by the State. He stated that they did ask him to
remove the item because it would not be appropriate to deal with it within an
NOPC and suggested they move it to tonight's meeting.
Vote
The motion failed 2-5 (Chairman Wische, Vice Chair Casaine, Mr. Cwynar, Mr.
Hay, Mr. Broening dissenting).
8
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 200S
Motion
Vice Chair Sergio moved that the request to amend the land Development
Regulations to increase the allowable building height from 45 feet to 5 stories in
Mixed Use (MU) PODs of the Planned Industrial District (PID) request and
following staff's recommendations be approved. Motion seconded by Mr.
Cwynar.
Vote
The motion carried 5-2 (Mr. Saberson and Ms Jaskiewicz dissenting).
8. Other
None
9. Comments by members
Mr. Hay inquired if it was okay for them to have the meeting without an Attorney
present. Mr. Breese responded that Staff was told that it would not be a
problem running the meeting without the Attorney present.
Mr. Fitzpatrick, Alternate, inquired from Staff about a list of questions he had
given out to Staff two months ago and has not had any reply. Mr. Breese stated
that he was not sure what those requests were, that they were not directed to
him, but he will find out.
10. Adjournment
There being no further business, the meeting properly adjourned at 7:19p.m.
Respectfully submitted,
Catherine Wharton
Recording Secretary
(March 24, 2005)
9
r
XII. - LEGAL
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) ~ June 7,2005 May 16, 2005 (Noon)
D April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
L_~ May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5,2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing ~ Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Request to enter into a new thirty (30) year electric franchise agreement with Florida Power &
Light Company (FPL) providing for the payment of fees to the City of Boynton Beach for the nonexclusive right and privilege
of supplying electricity and other services within the City free of competition from the City of Boynton Beach, pursuant to
certain terms and conditions.
EXPLANATION: The City currently has a thirty (30) year electric franchise agreement with Florida Power & Light
Company (FPL), the terms of which are set forth in Ordinance No. 76-9, passed and adopted March 16, 1976. This franchise
agreement will expire in March 2006 and FPL has submitted a new proposed thirty (30) year agreement. FPL actually fIrst
submitted the new franchise agreement to the City last year, but at the time, City staff raised a number of questions regarding
its application to various capital projects. In particular, staff was concerned that the franchise agreement was not specifIc
regarding the City's right to have poles relocated to facilitate sidewalk construction. The franchise agreement was very
detailed regarding highway construction yet there was no reference to sidewalks. This was problematic to staff because the
City has begun, and will continue, to install sidewalks near elementary schools. FPL has assured staff that even though the
franchise agreement is silent regarding sidewalks, FPL has provided assurance that poles will be relocated in the public right
of way at utility expense where necessary in order to construct sidewalks for public use. This is a standard franchise
agreement that FPL has with other municipalities. They will be or have already recommended this same franchise agreement
to the City of Boca Raton, the Town of Gulfstream, the City of Parkland, and the City of Lauderdale Lakes as their original
franchise agreements expire.
PROGRAM IMPACT: NONE
FISCAL IMPACT: The proposed new agreement has a new funding formula that will increase the annual franchise fees paid
to the City. The new formula will compute the monthly payments at 5.9% of billed revenues based on 100% ofFPL's billed
revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers for the
monthly billing period ending 60 days prior to each payment. The old agreement provided for 6.0% of billed revenues, but
the fIrst eleven months' payments were based on 90% ofFPL's billed revenue, with the 10% holdback being paid out in the
last month of each annual cycle. In addition, the old agreement deducted the ad valorem taxes paid by FPL during that annual
cycle. An analysis and comparison of the last annual cycle (April 2003-March 2004) is attached for your review. The new
proposed franchise fee formula would have generated an additional $275,076 or 8.28% in franchise revenues during the last
annual cycle. The new formula also enhances the cash flow of the City, as we are not waiting eleven month for the 10%
holdback.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: The City would have to supply electricity to residents of Boynton Beach or negotiate a franchise
agreement with another electric service provider.
f-t r'lIlAC t.
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. OS -oa.1
2
3
4 AN ORDINANCE GRANTING TO FLORIDA POWER &
5 LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN
6 ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
7 CONDITIONS RELATING THERETO, PROVIDING FOR
8 MONTHL Y PAYMENTS TO THE CITY OF BOYNTON
9 BEACH, AND PROVIDING FOR AN EFFECTIVE DATE.
10
11
12 WHEREAS, the City Commission of the City of Boynton Beach, Florida recognizes
13 that the City of Boynton Beach and its citizens need and desire the continued benefits of electric
14 service; and
15 WHEREAS, the provision of such service requires substantial investments of capital
16 and other resources in order to construct, maintain and operate facilities essential to the provision
17 of such service in addition to costly administrative functions, and the City of Boynton Beach
18 does not desire to undertake to provide such services; and
19 WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the
20 demonstrated ability to supply such services; and
21 WHEREAS, there is currently in effect a franchise agreement between the City of
22 Boynton Beach and FPL, the terms of which are set forth in City of Boynton Beach Ordinance
23 No. 76-9, passed and adopted March 16, 1976, and FPL's written acceptance thereof dated
24 March 29, 1976 granting to FPL, its successors and assigns, a thirty (30) year electric franchise
25 ("Current Franchise Agreement"); and
26 WHEREAS, FPL and the City of Boynton Beach desire to enter into a new agreement
27 (New Franchise Agreement) providing for the payment of fees to the City of Boynton Beach in
28 exchange for the nonexclusive right and privilege of supplying electricity and other services
S:\CA \Ordinances\FPL Franchsie Agreement.doc
1
1 within the City of Boynton Beach free of competition from the City of Boynton Beach, pursuant
2 to certain terms and conditions, and
3 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
4 best interest of the City of Boynton Beach and its citizens to enter into the New Franchise
5 Agreement prior to expiration of the Current Franchise Agreement;
6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
7 CITY OF BOYNTON BEACH, FLORIDA:
8 Section 1. There is hereby granted to Florida Power & Light Company, its successors
9 and assigns (hereinafter called the "Grantee"), for the period of 30 years from the effective date
10 hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to
11 construct, operate and maintain in, under, upon, along, over and across the present and future
12 roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter
13 called "public rights-of-way") throughout all of the incorporated areas, as such incorporated
14 areas may be constituted from time to time, of the City of Boynton Beach, Florida, and its
15 successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary
16 practice with respect to construction and maintenance, electric light and power facilities,
17 including, without limitation, conduits, poles, wires, transmission and distribution lines, and all
18 other facilities installed in conjunction with or ancillary to all of the Grantee's operations
19 (hereinafter called "facilities"), for the purpose of supplying electricity and other services to the
20 Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof.
21 Section 2. The facilities of the Grantee shall be installed, located or relocated so as to
22 not unreasonably interfere with traffic over the public rights-of-way or with reasonable egress
23 from and ingress to abutting property. To avoid conflicts with traffic, the location or relocation
S:\CA\Ordinances\FPL Franchsie Agreement.doc
2
1 of all facilities shall be made as representatives of the Grantor may prescribe in accordance with
2 the Grantor's reasonable rules and regulations with reference to the placing and maintaining in,
3 under, upon, along, over and across said public rights-of-way; provided, however, that such rules
4 or regulations (a) shall not prohibit the exercise ofthe Grantee's right to use said public rights-of-
5 way for reasons other than unreasonable interference with motor vehicular traffic, (b) shall not
6 unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and
7 efficient electric service to all of its customers, and (c) shall not require the relocation of any of
8 the Grantee's facilities installed before or after the effective date hereof in public rights-of-way
9 unless or until widening or otherwise changing the configuration of the paved portion of any
10 public right-of-way used by motor vehicles causes such installed facilities to unreasonably
11 interfere with motor vehicular traffic. Such rules and regulations shall recognize that above-
12 grade facilities of the Grantee installed after the effective date hereof should be installed near the
13 outer boundaries ofthe public rights-of-way to the extent possible. When any portion of a public
14 right-of-way is excavated by the Grantee in the location or relocation of any of its facilities, the
15 portion ofthe public right-of-way so excavated shall within a reasonable time be replaced by the
16 Grantee at its expense and in as good condition as it was at the time of such excavation. The
17 Grantor shall not be liable to the Grantee for any cost or expense in connection with any
18 relocation of the Grantee's facilities required under subsection (c) of this Section, except,
19 however, the Grantee shall be entitled to reimbursement of its costs from others and as may be
20 provided by law.
21 Section 3. The Grantor shall in no way be liable or responsible for any accident or
22 damage that may occur in the construction, operation or maintenance by the Grantee of its
23 facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the
S:\CA\Ordinances\FPL Franchsie Agreementdoc
3
1 part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability,
2 loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence,
3 default or misconduct of the Grantee in the construction, operation or maintenance of its facilities
4 hereunder.
5 Section 4. All rates and rules and regulations established by the Grantee from time to
6 time shall be subject to such regulation as may be provided by law.
7 Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor,
8 commencing 90 days after the effective date hereof, and each month thereafter for the remainder
9 of the term of this franchise, an amount which added to the amount of all licenses, excises, fees,
10 charges and other impositions of any kind whatsoever (except ad valorem property taxes and
11 non-ad valorem tax assessments on property) levied or imposed by the Grantor against the
12 Grantee's property, business or operations and those of its subsidiaries during the Grantee's
13 monthly billing period ending 60 days prior to each such payment will equal 5.9 percent of the
14 Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential,
15 commercial and industrial customers (as such customers are defined by FPL's tariff) within the
16 incorporated areas of the Grantor for the monthly billing period ending 60 days prior to each
17 such payment, and in no event shall payment for the rights and privileges granted herein exceed
18 5.9 percent of such revenues for any monthly billing period of the Grantee.
19 The Grantor understands and agrees that such revenues as described in the preceding
20 paragraph are limited, as in the existing franchise Ordinance No. 76-9, to the precise revenues
21 described therein, and that such revenues do not include, by way of example and not limitation:
22 (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service
23 for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service
S:\CA \Ordinances\FPL Franchsie Agreement.doc
4
1 with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and
2 Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales
3 for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment
4 Charges; (g) Field Collection Charges; (h) other service charges.
5 Section 6. As a further consideration, during the term of this franchise or any
6 extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in
7 competition with the Grantee, of electric capacity and/or electric energy to any ultimate
8 consumer of electric utility service (herein called a "retail customer") or to any electrical
9 distribution system established solely to serve any retail customer formerly served by the
10 Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms
11 of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or
12 electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to
13 seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy
14 generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other
15 location(s). Nothing specified herein shall prohibit the Grantor from engaging with other utilities
16 or persons in wholesale transactions which are subject to the provisions of the Federal Power
17 Act.
18 Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing
19 electric capacity and/or electric energy from any other person, or (ii) from seeking to have the
20 Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or
21 electric energy purchased by the Grantor from any other person; provided, however, that before
22 the Grantor elects to purchase electric capacity and/or electric energy from any other person, the
23 Grantor shall notify the Grantee. Such notice shall include a summary of the specific rates,
S:\CA\Ordinances\FPL Franchsie Agreement.doc
5
1 terms and conditions which have been offered by the other person and identify the Grantor's
2 facilities to be served under the offer. The Grantee shall thereafter have 90 days to evaluate the
3 offer and, if the Grantee offers rates, terms and conditions which are equal to or better than
4 those offered by the other person, the Grantor shall be obligated to continue to purchase from
5 the Grantee electric capacity and/or electric energy to serve the previously-identified facilities
6 of the Grantor for a term no shorter than that offered by the other person. If the Grantee does
7 not agree to rates, terms and conditions which equal or better the other person's offer, all of the
8 terms and conditions of this franchise shall remain in effect.
9 Section 7. If the Grantor grants a right, privilege or franchise to any other person or
10 otherwise enables any other such person to construct, operate or maintain electric light and
11 power facilities within any part of the incorporated areas of the Grantor in which the Grantee
12 may lawfully serve or compete on terms and conditions which the Grantee determines are more
13 favorable than the terms and conditions contained herein, the Grantee may at any time thereafter
14 terminate this franchise if such terms and conditions are not remedied within the time period
15 provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice of
16 its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the
17 Grantee herein, advise the Grantor of such terms and conditions that it considers more favorable.
18 The Grantor shall then have 60 days in which to correct or otherwise remedy the terms and
19 conditions complained of by the Grantee. If the Grantee determines that such terms or
20 conditions are not remedied by the Grantor within said time period, the Grantee may terminate
21 this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall
r22 be effective on the date of delivery of such notice.
S:\CA \Ordinances\FPL Franchsie Agreementdoc
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1 Section 8. If as a direct or indirect consequence of any legislative, regulatory or other
2 action by the United States of America or the State of Florida (or any department, agency,
3 authority, instrumentality or political subdivision of either of them) any person is permitted to
4 provide electric service within the incorporated areas of the Grantor to a customer then being
5 served by the Grantee, or to any new applicant for electric service within any part of the
6 incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee
7 determines that its obligations hereunder, or otherwise resulting from this franchise in respect to
8 rates and service, place it at a competitive disadvantage with respect to such other person, the
9 Grantee may, at any time after the taking of such action, terminate this franchise if such
10 competitive disadvantage is not remedied within the time period provided hereafter. The
11 Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate.
12 Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise
13 the Grantor of the consequences of such action which resulted in the competitive disadvantage.
14 The Grantor shall then have 90 days in which to correct or otherwise remedy the competitive
15 disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time
16 period, the Grantee may terminate this franchise agreement by delivering written notice to the
17 Grantor's Clerk and termination shall take effect on the date of delivery of such notice.
18 Section 9. Failure on the part ofthe Grantee to comply in any substantial respect with
19 any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall
20 take effect if the reasonableness or propriety thereof is protested by the Grantee until there is
21 final determination (after the expiration or exhaustion of all rights of appeal) by a court of
22 competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of
23 the provisions of this franchise, and the Grantee shall have six months after such final
S:\CA\Ordinances\FPL Franchsie Agreementdoc
7
1 determination to make good the default before a forfeiture shall result with the right of the
2 Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities
3 in the case require.
4 Section 10. Failure on the part of the Grantor to comply in substantial respect with any
5 of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of
6 public rights-of-way for reasons other than unreasonable interference with motor vehicular
7 traffic; (b) imposing conditions for use of public rights-of-way contrary to Florida law or the
8 terms and conditions ofthis franchise; (c) unreasonable delay in issuing the Grantee a use permit,
9 if any, to construct its facilities in public rights-of-way, shall constitute breach of this franchise
10 and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof
11 until such time as a use permit is issued or a court of competent jurisdiction has reached a final
12 determination in the matter. The Grantor recognizes and agrees that nothing in this franchise
13 agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated
14 sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such
15 right.
16 Section 11. The Grantor may, upon reasonable notice and within 90 days after each
17 anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee
18 relating to the calculation of the franchise payment for the year preceding such anniversary date.
19 Such examination shall be during normal business hours at the Grantee's office where such
20 records are maintained. Records not prepared by the Grantee in the ordinary course of business
21 may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in
22 writing. Information identifYing the Grantee's customers by name or their electric consumption
23 shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit
S:\CA \Ordinances\FPL Franchsie Agreementdoc
8
1 findings, whether they decrease or increase payment to the Grantor, shall be reported to the
2 Grantee. The Grantor's right to examine the records of the Grantee in accordance with this
3 Section shall not be conducted by any third party employed by the Grantor whose fee, in whole
4 or part, for conducting such audit is contingent on findings of the audit.
5 Grantor waives, settles and bars all claims relating in any way to the amounts paid by
6 the Grantee under the Current Franchise Agreement embodied in Ordinance No. 76-9.
7 Section 12. The provisions ofthis ordinance are interdependent upon one another, and
8 if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of
9 no effect, the entire ordinance shall be null and void and of no force or effect.
10 Section 13. As used herein "person" means an individual, a partnership, a corporation,
11 a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a
12 governmental authority or any other entity of whatever nature.
13 Section 14. Ordinance No. 76-9, passed and adopted March 16, 1976 and all other
14 ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict
15 herewith, are hereby repealed.
16 Section 15. As a condition precedent to the taking effect ofthis ordinance, the Grantee
17 shall file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this
18 ordinance. The effective date of this ordinance shall be the date upon which the Grantee files
19 such acceptance.
20
S:\CA \Ordinances\FPL Franchsie Agreementdoc
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FIRST READING this Ii day of ~, 2005.
SECOND, FINAL READING AND PASSAGE this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney, City of Boynton Beach, Florida
S:\CA\Ordinances\FPL Franchsie Agreementdoc
10
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ORDINANCE NO. 76:"9
AN 9RD1NANCEOF THE CITY O'.f BOYNTONBEACE;,
FLORIDA,. REPEALING .ORDINANCE NO. 199 IN'ITS
ENTIRETY, ANDGRANTmG TO:FLORIDA POWER &
LIGHT.COMPANY, lis SUCCESSORS AND ASSIGNS,
AN E,L~~ftrc.FRA,NCHISE. AND IMPOSING PRO-
VISIONS~DCON'])I';rIQNSRELAr.INg THERETO;
PROVIDING. FUR'L$.&RFOR ASAVlJ.'l'GS C'):;.AUs~.: 'RE-
PEALING PRGVrsIQNS;, AUTHq~FrY TO.c:onrJPY." AN
EFF'EC,TxVE DATE AND F.OR,OTHERPURPOSJ;!lS:'[
BE IT ORDAINED B'YTHE CITY COUNCIL OF '!'HE. CITY OF
BOYNTON BEACH', FLORIDA:
Section 1~ That the;te is he-reby granted to Florida Power & Light
Company (herein called the "~rantee"),its successors an.dassigns, the
non-exclusive right, privilege or franchise to construct, maintain and oper-
ate in, under, upon, over and across the present and future streets, alleys,
bridges, easements and other public places of the City of Boynton Beach,
Florida, (herein called the "Grantor") arid its successors, in accordance
. .
with established practice with respect to eLectrical construction and main-
tenance, for the period of thirty years from the' date of acceptance hereof,
electric light and power facilities (including conduits, 'poles. wires and
transmission lines. and, for its own use. telephone arid telegraph lines) for
the purpose of supplying electricity to Grantor, and its successors. and
inhabitants thereof. and persons and corporations beyond the limits thereof.
Section 2; As a condition precedent to the taking effect of this
grant. Grantee shall have filed its acceptance hereof with the Grantor's clerk'
within thirty I30) days hereof. .
Section 3; That the facilities shall be so located or relocated and so
erected as to interfere as' little as possible with traffic, over said streets.
alleys, bridges and public places. and with reasonable egress from and
ingress to abutting property. The 10cat1ah or relocation of aLL facilities shaLL
be made under the supervision and with the approval of such representatives
as the governing bodr of Grantor. may designate for the purpose. but not so
as unreasonably to interfere with the proper oper.ationof Grantee's facilities
and service. That when any portion of a street is excavated by Grantee in
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the locationor. relocation of any of its facilities~thepo~tion .of th.e'street 80
. .
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excavated shaL~. within areas()nab Le timea,nd asear'iy as practiCabLe after
such excavatio~be replaced. by the Grantee ai;;its e~enSe and in as good
condition as it was at the timeoof such excavatien.
Section~ ,That Grantor~haLLi:i1 nOway;beIj.l;i~le .or refilpa!:lsibLe fer
any accident or damage that may occur in the col'iStruc1:ion. operation or
maintenance by Grantee of its facilities herell,nder..and'tb.e acceptance of
this ordinance shall be deemed an agreement on the part of the Grantee. to
indemnify Grantor and hoLd it harmless against any and aLL liability. Loss,
cost, damage or expense, which may accrue to Grantor. by reason of the
negLect, de.fault. or misconduct of Grantee in the construction. operation or
maintenance of its facilities hereunder.
Section 5: That all rates and ruLes and regnLationsestabLished by
Grantee from time to time shall at all times b!Jf reasonabLe arid Grantee's
rates for electriCity shall at aLL times be sUbject to such regulation'as may
be provided by law.
Section 6, That no later than sixty days after the first anniversary
date of this grant and no later than sixty daysafterea,Ch succeeding anniver-
sary date of this grant. the Grantee. its successors and assigns. shall hllve
paid to the Grantor and its successors an amount \!hich added to the ameunt
of aLL taxes as assessed. levied, or imposed (without regard to any discount
for earl.y payment or any interest orpenal.ty for Late payment), licenses. and
other impOSitions Levied or imposed by the Grantor upootlie Grantee ls.e Lec-
tric property, business, or operations, and those of Grante'e's electric sub-
sidiaries for the preceding tax year. will equal 60/0 .of Grantee's revenues
from the sale of eLectricaL energy to residentiaL, commercial~ and industrial
customers within the corporate limits of the Grantor for-the tweLve fiscal.
months preceding the applicabLe anniversary date.
Section 7: Payment of the amount to be paid to Grantor by, Grantee
under the terms of Section 6 hereof shall be macie in advance by. estimated'
monthLy installments comll)-encing ninety days atter the effective date ofthis
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grant. Each estimated monthly instl;lllmentShalL be calculated on the baais
of ninety percent (96%) of Grantee'srev'enues (as defined iIi Section 6) for the
monthly biLLing period ending sixty days prior to each scheduled'monthly pay-
ment. The final installment for each fiscal year of this grant shall be
adjusted to reflect any underpayment or overpayme~t resulting from
estimated monthly installments made for said fiscal ye.ar.
Section B:. As a further consideration of this franchise. said
Grantor agrees not to engage in the business of distributing and selling
elect.ricity during the life of this franchise or anyextension.thereof in com-
petition with the Grantee. its successors and assigns.
Section 9: That failure on the part of Grantee to comply in any sub-
stantial respect with any of the provisions of this ordinance. shall be grounds
for a forfeiture of this grant. but no such forfeiture shall take effect if the
reasonableaess or. propriety thereof is protested by Grantee until a court of
competent jurisdiction (with right of appeal in either party) shall have found
that Grantee has failed to comply in a substantial respect with any of the
provisions of this franchise. and the Grantee shall have six (6) lllonths after
the final determination of the question, to make good the default before a
forfeiture shall result with the right in Grantor at its discretion to grant
such additional time to Grantee for compliance as necessities in the case
require.
Section 10. Authority to Codify: Specific authority is hereby grante
to codify and incorporate this Ordinance in the City's existing code.
Section 11. Separability: Should any section or provision. of this
Ordinance or any portion hereof be declared by a Court of competent juris-
diction to be irivali1d!. such decision shaH not affect the validity of the remain-
del' hereof as a whole or any part hereof. other than the part decl.ared to be
invalid.
Section 12. Repealing Provisions: That all ordinances and parts of
ordinances in conflict herewith be and the same are hereby repealed.
- 3 -
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Section 13. AriEffedtive Date:. This Ordi.ti8.nce shaUhecome
effective on the dateup6nwhichGrantee ti.lesits'accPP1;anceor in themanne
and at the time as provided by./.aw. Whichever ,event shalL1ater occur.
f'ir~tread~gthiS~day of .~. '. '., ' 1976.
Second.I,U1al reaQinga!'ldpf!.ss.ag~.:this.-&.. qay of .~...,
1976.
ATTEST:
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
XII. - LEGAL
ITEM C.!
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
, 'J 0
x May 17, 2005 May 2, 2005 (Noon) July 19,2005 July 5, 2005 (Noon)
..
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
~ City Manager's Report
RECOMMENDATION: Approve resolution to contract with the Metropolitan Center at Florida International
University to prepare proposed Commission district boundary maps, based on the 2000 Census.
EXPLANATION: According to Article n of the City Charter, Section 17(1), sets out the time frame for designating
geographic boundaries, i.e. "...Geographic boundaries for each voting district shall be designated, prepared and
identified not later than January, [2006], by contract to the City of Boynton Beach with a four year college or
university or education research institution located within the State of Florida to be selected by the City Commission
of the City of Boynton Beach.
PROGRAM IMPACT: The Metropolitan Center at Florida International University, under the direction ofDario
Morena, Ph.D., will prepare a Commission District boundary map for review and consideration by the Boynton Beach
City Commission. Dr. Moreno was a consultant for the Florida House of Representatives (2202-03) on redistricting
and for the City of Miami on redistricting (2003). He also has been the principal investigator for three annexation
studies in the City of Miami (2002,2003) and West Miami (2004). The contract outlines key tasks necessary to
complete redistricting within the specified timeframe. The contract also provides for a minimum of three interviews
with individual Boynton Beach Commission members. Dr. Morena has submitted a Confirmation of Minority Owned
Business form, and although the Metropolitan Center at FlU does not possess certification for a Minority Owned
Business, they will have minority staff and students working on the project. See attachments Exhibit A,
Contract/Scope of Services and Exhibit B, Confirmation of Minority Owned Business.
Ten Florida State universities and/or education research institutions were contacted and provided with a Request for
Proposal. Out of the ten, only two submitted proposals within the established timeframe; the Haas Center for
Business Research and Economic Development at the University of West Florida, and the Metropolitan Center at
Florida International University. The remaining eight universities/institutions were contacted and four were unable
to submit proposals due to their involvement with other major projects or because the university did not have faculty
with that area of expertise. The other four universities/institutions did not reply to the follow-up inquiry.
FISCAL IMPACT: The Metropolitan Center at Florida International University will provide services for an amount
of $35, 200.00 which includes staff and personnel, materials and supplies, and meeting and travel time expenses. It is
proposed that funds for this project will come from the Strategic Plan Implementation account # 001-1110-511-95-48.
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: According to the City Charter there are no alternatives other than to proceed with the
redis',lcting project. ~ ~
Department Head's Signature City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R05 - oqa
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING
6 A PROPOSAL BY THE METROPOLITAN CENTER AT
7 FLORIDA INTERNATIONAL UNIVERSITY TO
8 PROVIDE TECHNICAL SUPPORT TO IMPLEMENT
9 LEGALLY ENFORCEABLE REDISTRICTING PLANS,
10 BASED ON THE 2000 CENSUS; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, pursuant to Article II of the City Charter, Section 17(f), Geographic
14 boundaries for each voting district shall be designated, prepared and identified not later than
15 January, 2006; and
16 WHEREAS, upon recommendation of staff, the City Commission deems it
17 appropriate to accept the proposal of the Metropolitan Center at Florida International
18 University, as outlined in the Scope of Work, attached hereto as Exhibit "A", to provide
19 technical support needed to implement legally enforceable redistricting plans, based on the
20 2000 Census.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby accept the proposal of the Metropolitan Center at Florida International University, at a
27 fee of $35,200.00, to provide technical support needed to implement legally enforceable
28 redistricting plans, based on the 2000 Census. A copy of the Proposal/Scope of Work is
29 attached hereto as composite Exhibit "A".
1
Section 3.
This Resolution shall become effective immediately upon passage
2 PASSED AND ADOPTED this day of May, 2005.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7 Mayor
8
9
10 Vice Mayor
11
12
13 Commissioner
14
15
16 Commissioner
17
18
19 Commissioner
20 ATTEST:
21
22
23
24 City Clerk
25
26 (city seal)
27
28
XII. - LEGAL
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D AprilS, 2005
D April 19, 2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.) D June 7, 2005
April 4,2005 (Noon) ~ June 21, 2005
April 18, 2005 (Noon) D July 5, 2005
May 2, 2005 (Noon) D July 19,2005
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
\--1
May 16,2005 (Noon) C'-I
c.~.
,'~--.
June 6, 2005 (Noon) I
CO
June 20, 2005 (Noon) -0
~:l:
July 5, 2005 (Noon) Co.)
UJ
D Development Plans
D New Business
~ Legal
D Unftnished Business
D Presentation
. )
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RECOMMENDATION: Please place this item on the June 21, 2005 City Commission agenda under Legal- Resolutions.
Staff recommends this resolution be approved which represents the issuance ofa "Notice ofIntent", in preparation for the
conducting of a planning study and possible changes to zoning and development regulations applicable to those properties
located along the west side ofN. Seacrest Boulevard, between NW 3rd Avenue and NW 8th Avenue, and currently zoned C-
2, Neighborhood Commercial. This recommendation also comes supported by the Community Redevelopment Agency Board
as concluded at their workshop held on May 10, 2005. For further details on this resolution and the planned study, please see
accompanying Notice ofIntent #2005-02.
EXPLANATION: This project and recommendation has been initiated from discussions held in conjunction with the
processing of the Urban Commercial District Overlay zoning amendment. The overlay project would, in part, reduce front
setbacks applicable to those commercially-zoned parcels fronting along selected roadways. The intent of the overlay
amendment is consistent with redevelopment initiatives and mixed-use districts in that build-to lines require buildings closer
to the front property line thereby moving parking areas to the side or rear. The subject properties, currently zoned C-2, were
not recommended by staff for the Urban Overlay given that the Heart of Boynton Redevelopment Plan recommends that such
C-2 zoning be rezoned for single-family homes. Due to the lack of consensus as to whether commercial development should
be accommodated along this side of the corridor, city staff and the CRA agreed to re-evaluate the zoning against the
recommendation for residential use. The NOI would prevent development of these properties in the interim.
The NOI represents a formal announcement of said planning activities, study period, and temporary additional regulations
applicable to development within the affected area. The study area (a.k.a "affected area") is described as the properties
fronting on the west side ofN.Seacrest Boulevard, north ofNW 3rd Avenue, south ofNW 8th Avenue, and zoned C-2,
Community Commercial (see attached Exhibit "A"). The effective period of the Notice of Intent will be established by the
commission within the attached resolution. Staff anticipates that 6 months will be needed to complete the study and formulate
and implement any necessary recommendations. If the resolution is approved, a public hearing item would be requested
pursuant to city regulations, to provide opportunity for the public to comment on the NOI and pending study.
PROGRAM IMPACT:
FISCAL IMPACT:
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Not approve subject resolution and this mechanism to implement specific regulatory measures during
the study period.
City Manager's Signature
2 /_J ~ ~
:rtl.anning & ~ng Director
City Attorney / Finance / Human Resources
S:\planning\SHARED\WP\SPECPROJ\Zoning in Progress\N0I2005-02 (Seacrest)\Agenda Item Request - Resolution.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
NOTICE OF INTENT TO ADOPT
PENDING LAND DEVELOPMENT AMENDMENT
NOI #2005-02
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future
Land Use Map, Official Zoning Map and Land Development Regulations, a study period to:
1. Evaluate recommendations within the Heart of Boynton Redevelopment Plan for
residential use on properties within the affected area;
2. Study the development potential of lots within the affected area under both the existing
zoning and zoning proposed in the Heart of Boynton Redevelopment Plan;
3. Consider potential impacts upon adjacent neighborhoods from both existing zoning and
zoning proposed by the Heart of Boynton Redevelopment Plan; and
4. Consider amendments to the Land Development Regulations to minimize impacts of
development in the affected area upon the adjacent neighborhoods.
AFFECTED AREA
All properties currently zoned C-2, Neighborhood Commercial that front along the west side of
N. Seacrest Boulevard, between NW 3rd Avenue and NW 8th Avenue.
GENERAL DESCRIPTION OF POSSIBLE RECOMMENDED AMENDMENTS TO LAND
DEVELOPMENT REGULATIONS (LDR) ANDIOR FUTURE LAND USE MAP AND
OFFICIAL ZONING MAP
1. Amendment of Land Development Regulations to include the affected area within the
Urban Commercial District Overlay code amendments providing for decreased front
setbacks;
2. Amendment of Land Development Regulations involving parking, landscaping, lighting
and design standards to mitigate potential impacts on residential neighborhoods; and/or
3. Reclassification and rezoning ofthe affected area in accordance with the Heart of
Boynton Redevelopment Plan.
AFFECT ON DEVELOPMENT IF REGULATION ADOPTED OR IF LAND IS
RECLASSIFIED AND REZONED
If findings support the recommendation from the Heart of Boynton Redevelopment Plan, the
affected area could be proposed for reclassification and rezoning for single-family homes, and
developed accordingly. If findings support development and use as currently zoned, development
would ultimately be in accordance with the reduced front setbacks proposed by the Urban
Commercial District Overlay amendment. Future development would also adhere to any new
regulations adopted to minimize impacts upon adjacent neighborhoods, and may include but not
be limited to landscaping, buffering, access, parking, lighting, and building height and design.
C\Documents and Settings\prainitoj\Local Settings\Temporary Internet Files\OLKD\Notice ofIntent (NOI).doc
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS OR
REDEVELOPMENT PLANS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE
AMENDED
LDR, Chapter 2. Zoning
LDR, Chapter 7.5, Article II - Landscape Code
LDR, Chapter 9 - Community Design Plan
LDR, Chapter 23, Parking Lots
Heart of Boynton Redevelopment Plan
PROJECTED TIME FRAME FOR STUDY
One Hundred and Eighty (180) days from the date of approval of this Notice by the City
Commission.
The planning study including formulation of recommendations is estimated to take 6 months. If
additional time is required to complete the study due to the scope or magnitude of the regulatory
changes, a request for extension may be requested by the Development Department. The City
Commission, following public hearing on the request for extension may extended this Notice of
Intent for an additional period as specified by the City Commission at the time of extension.
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING
REGULATION WOULD AFFECT
Effective on adoption of this Notice, no application for site plan approval, major site plan
modification, conditional use, reclassification or rezoning within the Affected Area deemed
incomplete shall be processed and no new applications for such requests shall be accepted nor
processed during the period that this Notice is in effect.
ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in the notice
case located at the main entrance to City Hall.
2. A copy of the Notice ofIntent shall be mailed to the Chamber of Commerce.
3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants
who may be potentially affected by the pending study and regulatory changes. This
notice shall be provided to those individuals by mail, facsimile, electronic mail or in
person. Comments including written objections to the Notice of Intent, shall be accepted
by the Development Department Director from recipients of this notice.
The failure by the City Clerk to provide notice as set forth in this section or the lack of awareness
of any potentially affected applicant shall not invalidate the applicability of this notice.
Dated:
Adopted by Resolution number R05-
Beach, Florida the _ day of
of the City Commission of the City of Boynton
,200_.
By:
Office of the City Clerk
C:\Documents and Settings\prainitoj\Local Settings\Temporary Internet Files\OLKD\Notice ofIntent (NOI).doc
XII. - LEGAL
ITEM C.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) I:8l June21,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF I:8l Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Approve, by Resolution, a Revocable License Agreement between the City of Boynton
Beach and The Lake Worth Christian School Society, Inc., for the use of City land by the Lake Worth Christian School. If
the Commission desires to enter into the License Agreement, the City Commission should determine the following:
1. The duration of the initial term and the duration of any subsequent extensions or renewals; and
2. Whether the City should receive a monthly or annual license fee for use of the property during
the term of the Agreement.
EXPLANATION: The Lake Worth Christian School Society, Inc., has requested to use a piece of property adjacent
to land abandoned by Resolution R97-203 on December 16, 1997. The Revocable License Agreement attached sets for the
terms thereof. The Lake Worth Christian School needs the additional land described in the License Agreement for proper
configuration of its facilities.
PROGRAM IMP ACT:
None
FISCAL IMPACT:
The Lake Worth Christian School Society, Inc., will assume the recording costs of the
License Agreement.
ALTERNATIVES:
Not enter into the Revocable License Agreement with The Lake Worth Christian School
Society, Inc.
~c-
Department Head's Signature
City Manager's Signature
City Attorney
Department Name
--~
..,~c.._
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. 05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, SUPPORTING THE REQUIREMENT THAT
5 ALL FUTURE MUNICIPAL BUILDINGS AND
6 STRUCTURES SHALL BE DESIGNED TO WITHSTAND
7 WIND LOADS IDENTIFIED IN ASCE 7-98, EXPOSURE
8 C; AND PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, during 2004, the City of Boynton Beach, and much of Florida, was subjected
12 to damaging hurricane force winds, and
13 WHEREAS, it is desirable to ensure that City facilities are constructed in a superior
14 manner in order to survive future hurricanes; and
15 WHEREAS, the City of Boynton Beach operates numerous public facilities that serve the
16 needs of the community and are designated as essential facilities by the Florida Building Code;
17 and
18 WHEREAS, The Florida Building Code provides guidance relative to design standards
19 for building construction in the State of Florida; and
20 WHEREAS, the Florida Building Code makes reference to structural and wind load
21 design standards in the American Society of Civil Engineers (ASCE) publication titled Minimum
22 Design Loadsfor buildings and Structures, ASCE 7-98; and
23 WHEREAS, the Florida Building Code and ASCE standards provide guidance towards
24 construction standards for municipal facilities as well; and
25 WHEREAS, the City Commission has determined that it is in the best interests of the
26 public health, safety, and welfare to support the requirement that all future municipal buildings
27 and structures constructed by the City of Boynton Beach shall be designed to withstand wind
28 loads identified in ASCE 7-98, Exposure C.
S:\CA ESO\Wind Load Buildings.doc
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
Each Whereas clause set forth above is hereby ratified as being true and
correct and incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach acknowledges and
approves the requirement that all future municipal buildings and structures constructed by the City
of Boynton Beach shall be designed to withstand wind loads identified in ASCE 7-98, Exposure
C and designated as an essential facility. This policy shall apply only to new facilities that have
not entered the design phase as of the date of ratification of this Resolution.
Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\C
ESO\Wind Load Buildings.doc
LICENSE AGREEMENT
THIS IS AN AGREEMENT, made this _day of
between:
, 2005, by and
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, hereinafter referred
to as "CITY"
and
THE LAKE WORTH CHRISTIAN SCHOOL SOCIETY, INC., a Florida
not-for-profit corporation, hereinafter referred to as "LICENSEE".
1. DESCRIPTION OF THE PREMISES
CITY hereby grants to LICENSEE the right, license, and privilege of occupying and maintaining
certain CITY owned premises and improvements located adjacent to Forest Road in the City of
Boynton Beach, as more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof (hereinafter referred to as the "Premises" or "Property"), subject to
the terms and conditions set forth in this Agreement.
2. COMPENSATION
No payment shall be made by the LICENSEE for the privileges granted herein. No security
deposit is required.
3. TERM
This Agreement shall commence ,2005 and terminate
, 2010, unless terminated prior to said date as provided for
herein below, and shall be renewable thereafter upon mutual consent ofthe parties.
4. USE OF PREMISES
LICENSEE shall use and occupy the Premises only for uses associated with the LICENSEE's
school operations, and not used for any other purpose whatsoever without the written consent of
the CITY. In conjunction with the use of the Premises, LICENSEE shall maintain the grass
located on the Premises and both sides of Forest Road adjacent to the Premises, and LICENSEE
shall stabilize the grass area in order to provide access for CITY vehicles. LICENSEE shall be
responsible for the relocation of any utilities located within the Premises, and shall obtain all
necessary government and agency permits and approvals prior to commencing any
improvements within the Premises. In addition, prior to the relocation of any utilities,
LICENSEE shall obtain the consent from all companies that maintain utilities or hold utility
easements within the Premises. As part of the license, the CITY permits LICENSEE to install a
fence in the Premises so long as the fence does not interfere with the CITY's maintenance
vehicles that travel on the Premises. LICENSEE covenants that he will not, without written
consent of the CITY, permit the Premises to be used or occupied by any other person, firm,
entity or corporation other than LICENSEE or its agents. LICENSEE further covenants that no
nuisance or hazardous trade or occupation shall be permitted and nothing shall be kept in or
about said Premises which will increase the risk of any hazard, fire or catastrophe, and no waste
shall be permitted or committed upon or any damage done to said Premises. LICENSEE shall
not permit the licensed Premises to be used or occupied in any manner which will violate any
laws or regulations of any governmental authority.
5. ASSIGNMENT
LICENSEE shall have no authority to assign any portion of the Premises during the Term of this
Agreement. Should LICENSEE attempt to assign this license, then the license shall be
terminated forthwith without prior notice to LICENSEE.
6. DAMAGE TO PREMISES
LICENSEE agrees that all personal property, inventory, or stock placed on the Premises shall
remain the property of LICENSEE, and shall be placed on the Premises at the risk of
LICENSEE. LICENSEE shall give the CITY prompt written notice of any occurrence, loss,
incident or accident occurring on the licensed Premises.
7. INSPECTIONS
CITY, its agents, or authorized employees may enter upon the Premises at all reasonable times
and hours, to examine same to determine if LICENSEE is properly maintaining the Premises
according to this Agreement.
8. INDEMNIFICATION
LICENSEE acknowledges that any personal property placed on the Premises is at LICENSEE's
sole risk. LICENSEE shall indemnify and save harmless and defend the CITY, its trustees,
elected and appointed officials, 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 LICENSEE, its agents, servants or employees in the use of the Premises, for all
costs, losses and expenses, including but not limited to, damages to persons or property,
judgments and attorneys' fees arising out of or in connection with the uses or operations
permitted under this Agreement.
The parties recognize that various provisions of this Agreement, including but not necessarily
limited to this Section, provide for indemnification by the LICENSEE and requires a specific
consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and
00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the specifications with
respect to the services to be provided by LICENSEE. Furthermore, the parties understand and
Page 2 of7
S:\CA \AGMTS\L WCS License.doc
agree that the covenants and representations relating to this indemnification provision shall serve
the term of this Agreement and continue in full force and effect as to the party's responsibility to
indemnify.
9. INSURANCE
LICENSEE shall provide, pay for, and maintain in force, at all times during the term of this
Agreement the kinds and types of insurance as are listed on Exhibit "B". Submission of proof
of insurance coverage shall be submitted to the City's Risk Manger as a condition precedent to
occupancy. Failure to submit proof of continuing coverage, when requested by the City's Risk
Manager shall constitute grounds for immediate termination of this agreement.
1 O. MAINTENANCE OF LICENSED PREMISES AND UTILITIES
CITY agrees to provide janitorial services and electricity to the Premises at no additional cost.
LICENSEE shall be responsible for providing and paying for all costs associated with telephone
and facsimile equipment and any other utility costs and expenses associated with equipment
placed on the Premises by LICENSEE. The LICENSEE agrees to maintain the Premises and all
personal property placed thereon in accordance with the terms and conditions of this Agreement
and consistent with prudent and well-reasoned maintenance procedures and techniques.
11. AMENDMENTS
It is agreed that no modifications, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
12. SURRENDER UPON TERMINATION
Upon the conclusion of the term, or upon termination of this Agreement, LICENSEE agrees to
peaceably surrender and deliver the premises to the CITY in substantially the same condition as
it was delivered to LICENSEE at the beginning of this Agreement, ordinary wear and tear
excluded.
Furthermore, LICENSEE agrees to remove from the Premises at their expense, any personal
property or inventory placed therein. Upon completion of removal the condition of the Premises
shall be safe and not a hazard.
13. WAIVER
Failure of the CITY to insist upon strict performance of any covenant or condition of this
Agreement, or to execute any right herein contained, shall not be construed as a waiver or
relinquishment for the future of any such covenant, condition or right, but the same shall remain
in full force and effect.
Page 3 of7
S:\CA\AGMTS\LWCS License.doc
14. TERMINA nON
This Agreement may be terminated by either party during the term hereof upon sixty (60)
calendar days written notice to the other of its desire to terminate this Agreement.
15. INDEPENDENT CONTRACTOR
This Agreement does not create an employeelemployer relationship between the parties. It is the
intent of the parties that the LICENSEE is an independent contractor under this Agreement and
not the CITY's employee for all purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code, the State Workers Compensation Act, and the State unemployment insurance
law. The LICENSEE shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out LICENSEE's activities and responsibilities hereunder. The LICENSEE
agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity
to find other business, that it make its own investment in its business, and that it will utilize a
high level of skill necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between the LICENSEE and the CITY and the CITY
will not be liable for any obligation incurred by LICENSEE, including but not limited to unpaid
minimum wages and/or overtime premiums.
16. NOTICES
Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by registered United States mail, with return receipt requested, hand delivery or
facsimile transmission with receipt of delivery, addressed to the party for whom it is intended
and the remaining party, at the places last specified, and the places for giving of notice shall
remain such until they shall have been changed by written notice in compliance with the
provisions of this section. Notice shall be deemed to have been given upon receipt. For the
present, the LICENSEE and the CITY designate the following as the respective places for giving
of notice:
CITY:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Attention: City Manager
Copy To:
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Page 4 of7
S:\CA \AGMTS\L WCS License.doc
Facsimile No.
(954) 771-4923
LICENSEE:
The Lake Worth Christian School Society, Inc.
7592 High Ridge Road
Boynton Beach, FI 33426
Attn: Mr. John Marino, President
Telephone No. (561)
Facsimile No. (561)
17. BINDING AUTHORITY
Each person signing this Agreement on behalf of either party individually warrants that he or she
has full legal power to execute this Agreement on behalf of the party for whom he or she is
signing, and to bind and obligate such party with respect to all provisions contained in this
Agreement.
18. LAWS AND ORDINANCES
LICENSEE shall observe all laws and ordinances of the CITY, county, state, federal or other
public agencies directly relating to the operations being conducted on the Premises.
19. SEVERABILITY
If any provision of this Agreement or application thereof to any person or situation shall to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of
such provisions to persons or situations other than those as to which it shall have been held
invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
20. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm
Beach County, Florida.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the CITY and the
LICENSEE and supersedes all prior negotiations, representations or agreements, either written or
oral.
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S:\CA\AGMTS\LWCS License.doc
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
LICENSEE
Signed and delivered
in the presence of:
The Lake Worth Christian School Society,
Inc., a Florida not-for-profit corporation
By:
Print Name:
Print Name
Title:
(CORPORATE SEAL)
Print Name
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared who is personally known to me or
who has provided as identification, and acknowledged helshe
executed the foregoing Agreement for the use and purposes mentioned in it and is duly authorized
to execute the foregoing Agreement on behalf of The Lake Worth Christian School Society, Inc..
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this day of ,2005.
SEAL:
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S:\CA\AGMTS\LWCS License.doc
NOTARY PUBLIC
My Commission Expires:
Print or Type Name
Page 7 of7
S:\CA\AGMTS\LWCS License.doc
EXHIBIT "A"
REVOCABLE LICENSE USAGE OF RIGHT-OF- WAY
UPDATED LEGAL DESCRIPTION
A parcel of land, being a portion of the existing right-of-way of Forest Court, according to the
Plat of CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK., A P.LD., as recorded
in Plat Book 46, Pages 58 thru 61, Public Records of Palm Beach County, Florida, as more
particularly described as follows:
COMMENCING at the Northwest comer of Lot 53, according to the Plat of CEDAR RIDGE
ESTATES, P.U.D., as recorded in Plat Book 50, Pages 28 thru 32, Public Records of Palm
Beach County, Florida, said comer being also on the South right-of-way line of said Forest
Court; thence run due North, a distance of 30.00 feet to the centerline of said Forest Court, and
the POINT OF BEGINNING;
Thence continue due North, a distance of 30.00 feet to the North right-of-way line of Forest
Court and the South line of Lot 35 according to the Plat of CEDAR RIDGE, A P.U.D. & HIGH
RIDGE COMMERCE PARK., A P.LD.; thence run due East along said right-of-way line, a
distance of 91.10 feet to a point; thence run North 450 00' 00" East, a distance of 35.36 feet to a
point; thence run South 360 11' 53" East, a distance of 36.40 feet to a point on the centerline of
said Forest Court, thence run South 570 43' 17" East, along a radial line (and the extension of
south line of Lot 45), a distance of 30.00 feet to a point on the South right-of-way line of said
Forest Court; thence run along the arc of a curve concave to the northwest, having a central angle
of 8002' 30" and a radius of 85.00 feet, a distance of 11.93 feet to a point on said South right-of-
way line; thence leaving the previous course on a non-tangent bearing of due West (said
direction is the tangency centerline extension of said Forest Court), a distance of 155.91 feet to
the POINT OF BEGINNING.
Said parcel ofland containing 5,076 square feet (0.1165 acre) ofland, more or less.
SUBJECT TO a utility easement over the entire parcel of land.
Page 1 of 2 pages
I
III I HIGH RIDGE COMME CE PARK. A P.I.D.
BLOCK 1
III I
U I
nil
II
II I
II I
II
U I
n ~ NORTH
II ~ _ _30.0~
II
LOT 31
LOT 38
LOT 32
/
/ SCALE: 1"=60'
(
I CEDAR RIDGE
ESTATES, A P.U.D.
LOT 37
CEDAR RIDGE ES A TES, A P.U.D.
LOT 33
LOT 36
LOT 43
LOT 34
LOT 35
LOT 44
13.87'
- -'AST"lTl :ro,J
S. 36011'53" E.
36.40'
S. 57043'17 E.
30.00'
FOREST ROAD
---~
LOr 54 1
LOr 55
CEDAR RIDGE I
ESTA TES, A P.U.D./
TRACT "B"
Lo; 5;>
{Of
58
EFF. DATE
5/25/05
P.O.C.
! I'----l
I LOT 53 I
-"-. ""I~
. i
". !
i
o I
~ I I
0::: I
I I I CEDAR RIDGE I
' ESTATES A P.U.D.
TRACT "B" I
1/
~
LOT 54
CE AR RIDGE TA TES, A P.U.D.
TRACT ' "
6'
.:::>
rr
o
BOYNTON BEACH PUBUC WORKS DEPARTMENT/
ENGINEERING DIVISION
c
SERVA TION EASEME
VERONA LAKE
LOT 57
PG. NO.
2 OF 2
FOREST ROAD R/W
REVOCABLE LICENSE AGREEMENT
ATTACHMENT t3
City of Boynton Beach
Risk Management Division
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages
noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or
higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided
upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the
limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require
additional types of insurance, or to raise or lower the stated limits, based upon identified risk.)
TYPE (Occurrence Based Only)
-------------------------------------------------------------------------------------------------------------------------------------------
MINIMUM LIMITS REQUIRED
-------------------------------------------------------------------------------------------------------------------------------------------
General Liability
Commercial General Liability
Owners & Contractor's Protective (OCP)
Liquor Liability
Professional Liability
Employees & Officers
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
General Aggregate
Products-Comp/Op Agg.
Personal & Adv. Injury
Each Occurrence
Fire Damage (anyone fire)
Med. Expense (anyone person)
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 50,000.00
$ 5,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
PIP Basic
Intermodal
Combined Single Limit
Bodily Injury (per person)
Bodily Injury (per accident)
Property Damage
Trailer Interchange
$ 500,000.00
to be determined
to be determined
to be determined
$ 50,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability
Any Auto
Garage Keepers Liability
Auto Only, Each Accident
Other Than Auto Only
Each Accident
Aggregate
$ 1,000,000.00
$ 100,000.00
$ 1,000,000.00
$ 1,000,000.00
Excess Liability
Umbrella Form
-------------------------------------------------------------------------------------------------------------------------------------------
Each Occurrence
Aggregate
-------------------------------------------------------------------------------------------------------------------------------------------
to be determined
to be determined
-------------------------------------------------------------------------------------------------------------------------------------------
Worker's Compensation
Employer's Liability
Each Accident
Disease, Policy Limit
Disease Each Employee
Property
Homeowners Revocable Permit
Builder's Risk
Limits based on Project Cost
-------------------------------------------------------------------------------------------------------------------------------------------
to be determined
Other - As Risk Identified
Statutory Limits
$ 100,000.00
$ 500,000.00
$ 100,000.00
$ 300,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
n"".':~~~ 11\......1\1\'
INSURANCEADVISORYFORM04
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) ~ June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids ~ Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Commissioner Ferguson has requested discussion of possible adaptive reuse ofa closed
landfill site owned by the City adjacent to the Boynton Links Golf Course. Both the golf course and the landfill are located in
unincorporated Palm Beach County. Authorization is requested to apply for a grant from the Treasure Coast Regional
Planning Agency for a landfill feasibility and environmental report. This item was tabled from the April 19, 2005 meeting.
EXPLANATION: The City currently is the custodian agency for a closed landfill located at Pine Drive next to the E-
3 canal. The site is 40.2 acres and is classified by the Palm Beach County Health Department as a Class 1 landfill. This
requires placement and maintenance of a landfill final cover system of 6 inches of bedding material, a 20 mil synthetic
membrane liner, 12 inches of sand and six inches of topsoil, mulch and seed. In addition, the closed landfill contains a
system of ground water monitoring wells. The closure permit is scheduled to end on February 27,2012. However, this date
may be moved up or back depending on the conditions of the landfill and monitoring circumstances. This date is based on the
current permit, which was amended on June 15,2004.
PROGRAM IMP ACT: Commissioner Ferguson has requested that the Commission authorize a feasibility study for earlier
release of the permit to allow adaptive reuse of the property for work force housing, as a possible use. While the City
Manager has been involved in reuse oflandfill sites in other jurisdictions, the City does not have in-house staff to handle
exploration of a permit modification to the landfill permit. This would best be provided by a qualified landfill consultant and
a consultant to deal with specific redevelopment application options, if the landfill can be utilized. The City may request a
grant from the Treasure Coast Regional Planning Agency for a preliminary feasibility study. The City of Lake Worth recently
requested and received funding for review of a 62-acre landfill in their corporate limits under the same program,
FISCAL IMP ACT: This item is not budgeted and an appropriation from Sanitation Fund Reserves would be required
if the grant is not approved (it is estimated that the City's cost ofa study without a grant is about $40,000) if a grant is not
approved it is recommended this item return to Commission for subsequent review of the project.
ALTERNATIVES: 1. Do not proceed with the review of the landfill unt" the permit expires in 2012. 2. Consider the
landfill adaptive reuse project as a budget proposal item for FY 2005-6.
~
Department Head's Signature
City Manager's Signature
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
Jeb Bush
Governor
John O. Agwunobi, M.D., M.B.A.
Secretary
CERTIFIED MAD.,
RETURN RECEIPT REQUESTED
NOTICE OF ISSUE PERMIT
'"
City of Boynton Beach
Christine Roberts, Agent
P.O. Box 310
Boynton Beach, FL 33435
Dear Ms. Roberts:
Palm Beach County
PERMIT/CERT. #: 0124522-002-SF
Permit File
Enclosed is a Permit, Number 0124522-002-SF, to continue post-closure monitoring ofa Solid Waste Resource Recovery and
Management Facility located at Pine Drive next to die E-3 canal, Boynton Beach, Florida.
Any party to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68, Florida Statues,
by the filing ofa Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate procedure, with the Clerk of the
Department in the Palm Beach County Health Department, 901 Evernia Street, West Palm Beach, Florida 33401 and by filing a
copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Comt of Appeal. The
Notice of Appeal must be filed within 30 days from the date this Notice is filed with the clerk of the Department.
If you have any questions, please contact Mr. John O'Malley of this office, telephone number (561) 355-3022.
Executed in West Palm Beach, Florida on this IS#\. clayof:r l.A.ft 'C. ,2004.
STATE OF FLORIDA
DEPARTMENT OF HEALTH
PALM BEACH COUNTY HEALTH DEPARTMENT
~~
>> Frank J. Gargiulo, P .E., R.S. Director
-0 Division of Environmental Health & Engineering
Palm Beach County Health Department
CERTIFICATE OF SERVICE
This is to certifY that this NOTICE OF PERMIT and all copies were mailed before the close of business on
~ I~ 'l.oo'/ to the listed persons.
FRJNG AND ACKNOWLEDGEMENT: FILED,
On this date, pursuant to 12SJ120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby
acknowledged.
Clerk A~ I~ Date V.u..rvL-J~ Q.l>Oy
Copies furnished to: 0-
CC: Richard Tedder, P.E. - via electronically - richard.tedder@deo~state.fl.us
Chris McGuire, OGC/TLH - via electronically - chris.mc2Uire@dq>.state.fl.us
Joe Lurix, DEPIWPB/SW - via electronically - ioe.lurix@dep.state.fl.us
Ken Berg, PBCSW A - via electronically - kberg:@swa.org
Indarjit Jagarine, Strom WaterIDEPIWPB-via electronically-indariit.iagarine@dep.state.fl.us
Tor Benjar, via electronically - tor.beniar@dep.state.fl.us
P.O.Box 29.901 Evernia Street West Palm Bcacb, FL. 33402
DEPARTMENT OF,HEAL TH
PALM BEACH COUNTY HEALTH DEPARTMENT
PERMITTEE:
City of Boynton Beaeh
Ch~tineRoberts,Agent
P.O. Box 310
Boynton Beach, FL 33435
Environmental Health & Engineering
P.O. Box 29
West Palm Beach, FL 33402
REVISED: JUNE 16,2004
WACS NUMBER: 00067360
PERMIT/CERT. #: 0124522-002-SF
ISSlnED: June 15,2004
EXPIRATION DATE: Feb. 27, 2012
COUNTY: Palm Beach
LATILONG.: 26033' 45"/80007' 50"
SEC.rrOWNSHlPIRANGE: 25/42S/42E
PROJECT: Boynton Beach Landfill
This permit is issued under the provision of Chapter 403, Florida Statutes (F.S.),
and Chapters 62-302, 62-520, 62-522 and 62-701, Florida Administrative Code
(F.,A.C.) The above named permittee is hereby authorized to perform the work or
operate the facility shown on the application and approved drawings(s), plans, and
other documents attached hereto or on file with the Department and made a part
hereof and specifically described as follows:
TO CONTINUE POST-CLOSURE: Of an existing 40.2 acre Class 1 landfill site.
Final closure was completed and certified as complete on February 28, 1992. The
Landfill final cover system consists of 6 inches of liner bedding material, a 20 miL
Synthetic membrane liner, 12 inches of sand and 6 inches of topsoil, seed and mulch.
IN ACCORDANCE WITH: An application for a permit to continue post-closure
monitoring of a Solid Waste Resource Recovery and Management Facility dated
March 3, 2004 and received on March 22, 2004 and previously submitted
information received on April 19, 1988, March 31, 1994, November 10, 1994,
January 26,1995 and September 02, 1998.
LOCATED AT: Palm Drive next to the E-3 Canal, Boynton Beach, Florida.
SUBJECT TO: General Conditions 1-15 (attached as pages 2 through 5) and
Specific Conditions 1-16 (attached as pages 5-10).
GENERAL CONDITIONS:
If'
(1) The terms, conditions, requirements, limitations and restrictions set forth in this
permit, are "permit conditions" and are binding and enforceable pursuant to
Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is
placed on notice that the Department will review this- permit periodically and
may initiate enforcement action for any violation of these conditions.
(2) This permit is valid only for the specific processes and operations applied for
and indicated in the approved drawings or exhibits. Any unauthorized
deviation from the approvec! drawings, exhibits, specifications, or conditions of
this permit may constitute grounds for revocation and enforcement action by
the Department.
(3) As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this
permit does not convey any vested rights or any exclusive privileges. Neither
does it authorize any injury to public or private property or any invasion of
personal rights, nor any infringement of federal, state, or local laws or
regulations. This permit is not a waiver of or approval of any other
Department permit that may be required for other aspects of the total project
which are not addressed in this permit.
(4) This permit conveys no title to land or water, does not constitute State
recognition or acknowledgment of title, and does not constitute authority for
the use of submerged lands unless herein provided and the necessary title or
leasehold interests have been obtained from the State. Only the Trustees of the
Internal Improvement Trust Fund may express State opinion as to title.
(5) This permit does not relieve the permittee from liability for harm or injury to
human health or welfare, animal, or plant life, or property caused by the
construction or operation of this permitted source, or from penalties therefore;
nor does it allow the permittee to cause pollution in contravention of Florida
Statutes and Department rules, unless specifically authorized by an order from
the Department.
(6) The permittee shall properly operate and maintain the facility and systems of
treatment and control (and related appurtenances) that are installed and used
by the permittee to achieve compliance with the conditions of this permit, are
required by Department rules. This provision includes the operation of backup
or auxiliary facilities or similar systems when necessary to achieve compliance
with the conditions of the permit and when required by Department rules.
2
(7) The permittee, by accepting this permit, specifically agrees to allow authorized
- D~epartment personnel, upon pre$entation of credentials or other documents as
may be required by law' and at reasonable times, access to the premises where
the permitted activity is located or conduQted to:
(a) Have access to and copy any records that must be kept under conditions of
the permit;
(b) Inspect the facility, equipment, practices, or operations regulated or
required under this permit; and
(c) Sample or monitor any substances or parameters at any location reasonable
necessary to assure comnliance with this permit or Department rules.
Reasonable time may depend on the nature of the concern being investigated.
(8) If, for any reason, the permittee does not comply with or will be unable to
comply with any condition or limitation specified in this permit, the permittee
shall immediately provide the Department with the following information:
(a) A description of and cause of noncompliance; and
(b) The period of noncompliance, including dates and times; or, if not
corrected, the anti~ipated time the noncompliance is expected to continue, and
steps being taken to educe, eliminate, and prevent recurrence of the
noncompliance. The permittee shall- be responsible for any and all damages,
which may result and may be subject to enforcement action by the Department
for penalties or for revocation of this permit.
(9) In accepting this permit, the permittee understands and agrees that all records,
notes, monitoring data and other information relating to the construction or
operation of this permitted source which are submitted to the Department may
be used by the Department as evidence in any enforcement case involving the
permitted source arising under the Florida Statutes or Department rules,
except where such use is prescribed by Section 403.111 and 403.73, F.S. Such
evidence shall only be used to the extent it is consistent with the Florida Rules
of Civil Procedure and appropriate evidentiary rules.
(10) The permittee agrees to comply with changes in Department rules and Florida
Statutes after a reasonable time for compliance; provided, however, the
permittee does not waive any other rights granted by Florida Statutes or
Department rules. A reasonable time for compliance with a new or amended
surface water quality standard, other than those standards addressed in Rule
62-302.500, shall include a reasonable time to obtain or be denied a mixing
zone for the new or amended standard.
3
(11) This permit is transferable only upon Department approval in accordance with
-Rule li2-4.120 and 62-730.300 F~A.C., as applicable. The permittee shall be
liable for any non-comPliance of the permitted activity until the Department
approves. the transfer. "
(12) This permit or a copy thereof shall be kept at the work site of the permitted
activity.
(13) This permit also constitutes:
(a) Determination ofDest Available Control Technology (BACT)
(b) Determination of Prevenpon of Significant Deterioration (PSD)
(c) Certification of compliance with state Water Quality Standards (Sec. 401,
PL 92-500)
(d) Compliance with New Source Performance Standards
(14) The permittee shall comply with the following:
(a) Upon request, the permittee shall furnish all records and plans required
under Department rules. During enforcement actions, the retention period,
for all records will be extended automatically unless otherwise stipulated
by the Department.
(b) The permittee shall hold at the facility or other location designated by this
permit records of all monitoring information (including all calibration and
maintenance records and aU original strip chart recordings for continuous
monitoring instrumentation) required by the permit, copies of all reports
required by this permit, and records of all data used to complete the
application for this permit. These materials shall be retained at least three
years from the date of the sample, measurement, report, or application
unless otherwise specified by Department rule.
(c) Records of monitoring information shall include:
1. the date, exact place, and time of sampling or measurements;
2. the person responsible for performing the sampling or measurements;
3. the date's analyses were performed;
4. the person responsible for performing the analyses;
5. the analytical techniques or methods used;
6. the results of such analyses.
4
(15) Wh~n requested by the Department, the permittee shall. within a reasonable
-tUn~- furnish any inform41tion required by law, which is needed to determine
compliance with the petinit. H the permittee becomes aware the relevant facts
were not submitted or were incorrect in tf4e permit application or in any report
to the Department, such facts or information shall be corrected promptly.
SPECIFIC CONDITIONS:
1. Access to the site shall be restricted by an effective barrier designed to prevent
unauthorized entry into the landrdl site.
2. The yearly maintenance progi-am implemented shall be continued for the post-
closure monitoring period.
3. The permittee shall maintain, in good standing, the f'mancw assurance
mechanisms established to demonstrate proof of f'mancial assurance. Support
documentation and evidence of inflation adjustment increases shall be
submitted within the time frames specified in Rule 62-701.630, F.A.C.
All submittals in response to this specific condition shall be sent to:
Florida Department of Environmental Protection
Financial Coordinator - Solid Waste Section
Twin Towers Office BuDding MS 4565
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
and a copy to:
Florida Department of Health
Palm Beach County Health Department
Solid Waste Program
P.O. Box 29/901 Evernia Street Room 202
West Palm Beach, Florida 33402
The permittee shall annually adjust the closure cost estimate for inDation using
Form 62-701.900(28). Adjustments shall be made in accordance with Rule 62-
701.630(4), F.A.C. and 40 CFR Part 264.142(a) and 264.144(a). An owner or
operator using a letter of credit, guarantee bond, performance bond, financial
test, corporate guarantee, trust fund or insurance shall submit the adjusted cost
estimate between January 1 and March 1. An owner or operator using an
escrow account shall submit the adjusted estimate between July 1 and
September 1. All submittals in response to this specific condition shall be sent
to:
5
Florida Department of E.nvironmental Protection
Financial Cooriinator - Solid Waste Section
Twin Towers Office Building M&4S65
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
and a copy to:
Florida Department of Health
Palm Beach County Health Department
Solid Waste Program
P.O. Box 29/901 Ev~mia Street Room 202
West Palm Beach, Florida 33402
The following ground water conditions are provided for inclusion in the reference
permit.
Ground Water Monitorinl! Network Construction/ODeration and Maintenance:
4. The ground water monitoring plan for this site submitted January 20, 1995 is
approved. pursuant to 62';520, 62-522, 62-302 and 62-701, F.A.C. The locations
of the existing monitoring wells are shown on this Ground Water Monitoring
Plan, with the well designed and types listed in this plan
5. All new or replacement monitoring wells shall be constructed and/or abandoned
in accordance with Chapter 62-532, F .A.C., and the approved water quality
monitoring plan. All new monitoring wells shall be installed by a Florida
certified water well contractor. Well completion reports shall be submitted to
the Department within thirty (30) days upon completion of installation on DEP
Form 62-522.900(3).
Pursuant to Rule 620701.510(3) (d), F.A.C., the location of each monitoring well
in degrees, minutes and seconds of latitude and longitude, the Universal
Transver Metcator coordinates (UTM), and the elevation of the top of the weD
casting to the nearest 0.01 loot, NGVD, shall be determined by a registered
Florida land sUlveyor within thirty (30) days of the certified completion of all
new wells proposed for this permit and within sixty (60) days of permit issuance
for all existing wells. A drawing illustrating this information, signed and sealed
by a certified Florida land surveyor, shall be submitted to the Department
within 45) forty -five days of each survey.
6
Well -development prior to $ampling events and purge/sampling water
discharges shall be follow~d pursuant to the Department's Standard Operating
Procedures for Field Activities, DEP QA-OOtlOl or any Department approved
standard operating procedure which may be in force at the time. Any
laboratory test required by this permit shall be performed by a laboratory that
has been certified by the Department of Health (DOH) under 64E-l, F.A.C.,
where such certification is required by Rule 62-160.3000; F.A.C. The laboratory
must be certified for all specific method/analyte combinations that are used to
comply with this permit.
All monitoring wells shall be clearly identified and maintained in good condition
to prevent or minimize sampling interfeFeDCeS, loss. of well-iB.:.grity or
vandalism. All monitoring wells shall have well maintained concrete pads and
be properly sealed and locked. Monitoring wells finished above grade shall be
protected by bumper gua~d rigid risers. Monitor wells f"mished at or
below grade shall have traffic beariP.g, steel plate eo~(.assembIies, and shall be
water tight. .
The permittee shall notify the Department and appropriate owner(s)
immediately upon discovery that reasonable access to all the monitoring well
stations required by this permit have n~t been maintained. The permittee is
responsible for maintaining the integrif3r of the monitoring well stations and
protecting them from destruction or vandalism. Should any of these monitoring
well stations be damaged or vandalized in any manner, or destroyed, the
permittee shall notify the Department upon'discovery. The notification shall
include pertinent information as to the cause, and what steps are being taken to
replace the monitoring well station and prevent the recurrence of such problems
in the future.
Ground Water Testin2 and ReDortin2Reauirements:
6. In the event of an emergency and/or discharge to ground water, the permittee
shall notify the Department in person or by telephone within one business day
of the incident and shall submit a written report describing the incident to the
Department within three business days of the start of the incident. In addition,
A f"mal report shall be sent to the Department within two weeks of the incident.
The final report shall contain a complete description of and discuss the cause of
the emergency and/ or discharge, the anticipated time that the discharge, if any
will continue, the steps that will be taken to evaluate, reduce, eliminate, and
prevent recurrence of the event, and all other information deemed necessary by
the Department.
7
7. Monitoring wells MW-C3, MW-D3(S), MW-l2, MW-l5, MW-l8, MW-19, MW-
ll(S) and MW -B3(S) shall be sampled semi-annually in April and October for
the ground water paramelers listed in Exhibit C.The analytical results and
information outlined in this condition shall.e submitted to the Department no
later than the sixty (60) days from the date of the laboratory analytical report.
Constructed ground water monitoring wells installed in accordance with
approved water quality monitoring plan shall be sampled and analyzed initially
for the ground water parameters listed in Exhibit C within forty-rIVe (45) days
of rmal certified well completion and development or the next regular sampling
event whichever occurs first, and thereafter in accordance with the schedule
and parameters in this condition. The analytical results from the new
monitoring wells shall be sub....itted to the Department within thirty (30) days
after the initial sampling event.
Pursuant to this permit, all ground water quality parameters and analytical
results, sampling and analytical methods, method detection limits, Storet codes,
TOC elevation, water level measurements, ground water elevations, monitor
well identification number, monitor well name, monitor well type (background,
Detection, compliance, etc.) sample collection date, sample analysis date,
Facility name, and facility identification number shall be recorded and
submitted certified by the permittee to the Department with in the time frames
required in this condition.
Ground water level measurements and elevations for all monitor wells listed in
Exhibit B shall be recorded and reported in feet below top of casing (TOC) and
to the nearest 0.01 feet NGVD for each reporting period. Elevation references
for TOC (NGVD), and updated ground water potentiometric maps for each
zone monitored with contours no greater than lfoot intervals, indicating
ground water elevations and flow direction shall be included with each
submittal of ground water quality data. After four semi-annual potentiometric
maps have been submitted to the Department, if no significant change in the
ground water flow direction is noted, the permittee may request a reduction in
the frequency of preparation of the maps to bi-annually, based on the previous
four semi-annual water level data.
The analytical results shall be submitted on FDEP Form 62-522-900(2) attached
as Exhibit E, with a summary of the information, including any anomalous data
or events that may affect the data, exceedences of any Department standards or
criteria, confirmation sampling events, and applicable charts or graphs or any
information related to the ground water monitor well network.
All semi-annual water quality reports shall be submitted concurrently to the
Department at the following address.
8
Florida Department of Environmental Protection
Solid Waste Section
Twin Towers Office Building MS 4565
2600 Blair Stone Road f'
Tallahassee, Florida 32399-2400
and to:
Florida Department of Health
Palm Beach County Health Department
Solid Waste Program
P.O. Box 29 1901 Evernia Street Room 202
West Palm Beach, lflorida 33402
8. Pursuant to this permit, all field and laboratory records, original certified
laboratory data sheets, chain of custody forms and field water level
measurement records shall be retained at the permittees office for the duration
of this permit and be available on verbal request by the Department during
normal operation hours.
9. The Department's Solid Waste Section shall be notified at least fourteen (14)
days prior to any well installation or regular sampling event so that the
Department, if desired, may observe the drilling, sampling, or collect split
samples.
ComDliance Monitorin~ Reauirements: .
10. Pursuant to this permit, if indicator parameters are detected at concentrations
significantly above those water quality levels established as background for the
site, or which are the levels above the Department's water quality standards or
criteria specified in Rule 62-520, F.A.C. in any intermediate or compliance well,
the affected well may be resampled for commnation purposes within f'Ifteen (15)
days after the permittee's receipt of the data. The Department must be notified
seven (7) days prior to any confirmatory resampling event at this site. Should
the permittee choose no to resample, the Department will consider the quality
analysis as representative of current ground water conditions at the facility. If
the data is conf'mned, or the permittee chooses not to res ample, the permittee
shall notify the Department in writing within fourteen (14) days of this finding.
The Department may require additional monitoring wells or samples to be
taken if analyses indicate that ground water contamination must be more
specifically defined in extent or concentration.
9
Zone of Dischame:
.,
11. The zone of discharge for this site shall be in accordance with the requirements
of Rule 62-522.410, F.A.C., and horizontally extend to the existing property
boundaries as shown in Exhibit A and vertically to the first comming layer.
Surface Water Monitorinl! Reauirements:
12. The surface water monitoring locations designated SW-E-3 AND SW-I-20 on
Exhibit A shall be sampled semi-annually in April and October for the surface
water parameters listed in Ex!tibit D.
The surface water staff gauge adjacent to SW-E-3 shall have water level
elevations measured semi-annually to the nearest 0.01 feet NGVD and shall be
included with the ground water level elevations. The staff gauge shall be
marked and its position shall be determined ah a registered Florida land
surveyor in degrees, minutes, and seconds of latitude and longitude and
Universal Transverse Mercator coordinates.
Ouality Assurance and Oualitv Control Reauirements:
13. All field activities including on-site tests and sample collection, whether
performed by a laboratory or another organization, must follow all applicable
'procedures described in DEP-SOP-00l/01 (January 2002). Alternate field
procedures and laboratory methods may be used if they have been approved
according to the requirements of Rule 62-160.220 and 62-160.330, F.A.C.
14. The Department retains regulatory control over any activities which may affect
the integrity of the environmental protection measures such as landfill cover,
drainage, monitoring system or stormwater controls. Consultation with the
Department is required prior to condition activities at or on top of the closed
landfill.
15. The closure permit shall expire on February 27, 2012 or until the monitoring
well analyses have stabilized and the Department notifies the applicant in
writing of such.
16. Unless otherwise notified by the Department, the permittee shall comply with
all applicable requirements of Chapter 62-701, F.A.C.
10
~
Issued this J 6H-. day of ~n. e..
, 2004
STATE OF FLORIDA
DEPARTMENT OF HEALTH
PALM BEACH COUNTY HEALTH DEPARTMENT
(t. ,
~~
Jg- Frank J. Gargiulo, .E., RoS., Director
'\.). Division of Environmental Health and Engineering
Palm Beach County Health Department
11
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11.10 S WItt." tsbla eltJvtJtion
--11.2--- Water I~b'" contour
FIGURE 1
GroundWater Contour Map
Boynton Beach Old City landfill - October B, 2003
t.'X 1-/ IBrr
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EXHIBIT B.
Well Desimation ~
MW-12
MW-15
MW-C3 (S)
MW-D3 (S)
MW-18
MW-19
MW-B3 (S)
MW-A3 (S)
Compliance
Compliance
Compliance
Background
Compliance
Compliance
Compliance
Compliance
..
("'':
'l.""....,.,
Parameters
EXHIBIT C. 62-701.510(8)(a), F.A.C. Parameters
Storet Codes
r'\
Antimony_ -
Arsenic
Barium
Beryllium
cadmium
Chromium
Cobalt
Copper
Iron
Lead
Mercury
Nickel
Selenium
Silver
Sodium
Thallium
Vanadium
zinc
Ammonia as N
Chlorides
Nitrate
Total Dissolved So11ds(TDS)
Acetone
Acrylonitrile
Benzene
Bromoch1oromethane
Bromodichloromethane
Bromoform
Carbon Disulfide
Carbon Tetrachloride
Chlorobenzene
Chloroethane
Chloroform
Dibromochioromethane
l,2Dibromo-3-chloropropan(DBCP)
1,2 Dibromoethane(EDB)
l,2-Dichlorobenzene
1,4-Dichlorobenzene
trans 1,4 Dichloro-2-butene
1,1-Dicnloroethane
l,2-Dichloroethane ;
1,1-Dichloroethylene
c~s 1,2 Dichloroethy1ene
trans-l,2-Dichloroethy1ene
l,2-Dichloropropane
cis-l,3-Dichloropropene
trans-l,3-Dichloropropene.
Ethylbenzene
2 Hexanone
Hethyl bromide
Methyl chloride
Methylene bromide
Methylene chloride
Methyl ethr1 ketone(MEK)
Methyl iod de .
Methyl isobutyl ketone
Strrene
1, ,1,2 Tetrachloroethane
1,1,2,2 Tetrachloroethane
Tetrachloroethylene
l,l,l-Trichloroethane
1,l,2-Trichloroethane
Trichloroethylene
Trichlorof1uoromethane
1,2,3 Trichloropropane
Vinyl acetate .
Vinyl chloride
Xy1enes
Specific Conductance
pH
Dissolved Oxygen(DO)
Turbidity
Temperature
Colors, sheens
,
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001097
001002
001007
001012
001027 ..
001034
001037
001042
001045
001051
071900
001067
001147
001077
000929
001059
001087-
001092
000610
000940
000620
000515
081552
034215
034030
077297
032101
032104
081309
032102
034301
034311
032106
032105
038760
077651
034536
034571
077268
034496
034531
034501
077093
034546
034541
034704
034699
034371
045034
034413
034418
077596
034423
081595
TBA
081596
077128
077562
034516
034475
034506
034511
039180
034488
077443
077057
039175
081551
000402
000406
000300
082078
000010
Observation
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Exhibit D. 62-701.S10(8)(b), F~A.C. Parameters
Parameters
storet Codes
C.,
Antimo.ny _
Arsenic.
Barium
Beryllium
Cadiilium .
Chromium
Cobalt
Copper
Iron ."-
Lead
Mercury
Nickel
Selenium
Silver
Thallium
Vanadium'
Zinc
Total Hardness as CaC03
Unionized Ammonia
Nitrate
Total Nitrogen
Total Phospnate
Ch1orophrll A
Fecal co iform
Biochemical Oxygen Demand(BOD5)
Chemical Oxrgen Demand(COD)
~otal Organ1C. Carbon(TOC}
Total Suspended Solids(TSS)
Total Dissolved Solids(TDS)
Acetone ,
Acrylonitrile .
Benzene
Bromochloromethane
Bromodich1oromethane
.Bromoform
Carbon Disulfide
Carbon Tetrachloride
Ch1orobenzene
. Chloroethane
Chloroform
Dibromochloromethane . ,
1,2Dibromo-3-ch1oroprOpan(DBCP)
1,2 Dibromoethane(EDB)
1,2-Dichlorobenzene
1,4-DichlQrobenzene
tran.~ 1;' 4Di-c:l'.tlQib:-2:~bti tene,~_._
1, 1-Dich!"orcrethane' '.... .........--
1,2-Dichloroethane
1(1-Dichloroethylene
C1S 1,2 Dichloroethylene
trans-1,2-0ichloroethylene
1(2-0ichloropropane
c1s-1,3-0ichloropropene
trans-1,3-Dichloropropene
Ethylbenzene
2 Hexanone
Methyl.bromide
Methyl chloride
Methylene bromide
Methylene chloride
Methyl ethrl ketone(MEK)
Methyl iod1de .
Methyl isobutyl ketone
strrene
1, ,1,2 Tetrachloroethane
1,1,2,2 Tetrachloroethane-
Tetrachloroethylene
1, 1, I-Trichloroethane
1,1,2-Trichloroethane ~
TriChloroethylene
Trichlorofluoromethane
1,2,3 Trichloropropane
Vinyl acetate
Vinyl chloride
Xylenes
s~ecific Conductance
p,
D1sso1ved Oxygen(DO)
Turbidity
Temperature
Colors; sheens
-
,- \
001097
QOI002
001007
001012
001027 _
001034 ~.
001037
001042
001045
001051
071900
001067
001147
001077
001059
001087
00109,2
000901
000612
000620
000600
000650
032230
031611
000310
000340
003726 -
000546
000515
081552
034215
034030
077297
032101
032104
081309
032102
034301
034311
032106
032105
038760
077651
034536
034571
077268
0:3lf496
034531
034501
077093
034546
034541
034704
034699
034371
045034
034413
034418
077596
034423
081595
TBA
081596
077128
077562
034516
034475
034506
034511
039180
034488
077443
077057
039175
081551
000402
000406
000300
082078
000010
Observation
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mg/l
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. ugZl
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tXHl811
E.
DEP FomI # 62-522.900(2)
Form Tille GroU1d Waler Monilorlna
.Bmllln
Florida Department of Environmental Protection
Twin Towers Office Bldg. 2600 Blair ~tooe Road Tallabassee, Florida 32399-2400
Effectiya Date
DEP Application No.
~
GROUND WATER MONITORING REPORT
Rule 62-522.600(11)
PART I GENERAL INFORMATION
(1 ) Facility Name
Address
City
Telephone Number
(2) The GMS Identification Number
(3) DEP Permit Number
(4) Authorized Representative Name
Address
City
Telephone Number (
(5) Type of Discharge
(6) Method of Discharge
Zip
Zip
Certification
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and
all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe
that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment.
Date:
Signature of Owner or Authorized Representative
PART II QUALITY ASSURANCE REQUIREMENTS
Sample Organization
Analytical Lab
Comp QAP #
Comp QAP # IHRS Certification #
.Comp QAP # IHRS Certification #
Lab Name
Address
Phone Number (
Page 1 of2
PART III ANALYTICAL RESULTS
Facility GMS #:
Test Site 10 #:
Sampling Oatemme:
Report Period:
(year/quarter)
Well Name:
~ Well Purged (Y/N):
Ground Water Elevation (NGVO):
Well Type: (
(
(
(
) Background
) Intermediate
) Compliance
) Other
Classification of Ground Water:
or (MSL):
Storet Parameter Sampling Field Analysis Analysis * Analysis Detection
Code Monitored Method Filtered Method DatelTime ResultslUnits LimitslUnits
YIN ;
* Attach Laboratory Reports
Page 2 of2
MARCH 1, 2005
MEMO
TO: City Manager & Commission, Boynton Beach and PB County
Commissioners Newell, McCarty and Greene
FROM: M. C. Ferguson, Boynton Beach Commissioner, District ill
RE: WORKFORCE HOUSING INITIATIVE
SUMMARY:
This proposed project can provide two win-win results. First is the reclamation of a
40-acre Brownfields Tract and the other is building 500 units dedicated to
workforce housing. It is possible to offer these housing units at attractive prices if
the land costs and reclamation costs can be financed separately and paid for by
other Palm Beach County developers as "mitigation: for their projects.
WHERE? The 40-acre site is a dry brownfields area which contained dry waste
materials until 1983 wben it was closed. It is located in a landlocked parcel
immediately east of the Boynton Beach Municipal Golf Course.
WHO? Suggested priority for buyers :
Public Service Employees-City, County, State
School Teachers
Health Care Workers
Senior Citizens
Tract is owned by City of Boynton Beach and is surrounded by County areas. Need
is to proceed jointly.
WHAT? 500 housing units in four groups, priced as follows:
% Total TYPE PRICE:
10 One Bed, 1.0 Bath 600 sq. ft $89,000
20 One Bed, 1.5 Bath 850" 126,000
30 Two Bed, 2.0 Bath 1000" 148,000
40 Three Bed, 2.5 Bath T.H.1350 sq. Ft. 199,000
100%
Prices are based on construction estimates as of this date and do Dot include costs
for land or reclamation of the brownfield site.
+
Prices shown on the previous page could be reduced by 5 % if off-site improvements
were not included. These are estimated at $4 million. A further reduction could
occur if the densities could be increased to 600 units.. A sample design for the
property would have the apartment units arrayed in low-rise pods of 20-25, and the
three-bedroom (with attached garage) in pods of 10-12. One main clubhouse is
suggested with two satellite clubhouses, one with a family pool and amenities and
the other with an adult pool and activities.
With the availability of SHIP and other financing vehicles down payments of 0-5 %
can be achieved.
/ WHEN? With a cooperative joint effort, and agreement by June 30 this year, land
can be ready to build in late 2006 and the project completed by the end of2007.
WHY? Workforce housing needs to be a priority to keep employees able to afford
home ownership. It is also possible that this project could stand as a model for
reclaimiJlg other properties in Palm Beach County and in other areas of Florida.
HOW? The final result of this project wiD create a quality, state of the art facility
with sufficient green space and recreation areas. The total cost is estimated at
slightly more than $90 million. Prices outlined here, however, amount to about $75
million. To create pricing well below the current market, we have excluded about
$16 million which is the estimated cost of the land and the remediation. To repay
this, Palm Beach County developers would be charged a mitigation fee for this
project at the rate of $5000 for 10 % of their proposed housing. This means that,
for the next 3200 new housing units approved in Palm Beach County, 320 of these,
at the rate of $5000 each, would be used to payoff the bonds or other financing
vehicle used. National companies specialize inbrownfields remediation and provide
the owner with a release of liability for future site problems.
TRANSPORTATION. With grant money available the 500 units could sustain a
trolley system to connect with TriRail, metro buses and the Boynton Beach Mall.
The site is convenient to shopping along Le Chalet Boulevard.
BACKGROUND
The 40-acre site just east of the Boynton Beach Links is a landfill which was in operation
from 1959 until 1983. Between 1959 and 1977 the landfill received garbage and from
1977 to 1983 only yard trash was accepted. In 1983 the landfill was closed. In 1998 the
Federal DEP issued a permit which extends to the year 2012 which authorizes the City of
Boynton Beach to continue post-closure of the landfill. The Palm Beach County Health
Department is the administrator of this monitoring permit. Depth of the waste in the site
ranges from 28 to 30 feet.
Just east of the site is a PUD (planned Urban Development) calJed Arbor Glen which
consists of single family homes. When this was approved there was no right of way
protected for what would have been 80th Lane South into this 40 acres. This means the
site is landlocked with no vehicular access and that future access would have to come
from Palm Bay road to the east, Saddle Club Road to the north, or extending Jog Road
from the west..
The 40-acre parcel is zoned as Parks and Recreation, so in order to provide housing a
land use amendment would be required to establish a base residential category. Because
the project would be for workforce housing an increase, up to 80 %, could be granted.
Current Boynton Beach Mixed Use Suburban allows for up to 20 units per acre.
To the south of the property is a section of Aberdeen reasonably well separated by a canal
and foliage. To the north is mainly farm area and aoout 80 homes along Palm Bay Road
which goes from east to west from Haverhill. County plans do call for expansion of
Hypoluxo Road in Fiscal Year 2008.
A copy of a map for the area is attached.
rage 1 ot 1
Gary R. Nikolits, CF A
Palm Beach County Property Appraiser
Property Mapping System
Legend
c=J parcel Bomdary
/0120 I Lot nurrber-
Parcel Control Number
I00424511ooo00502Q _
(eg.74434322120080010)
r reet In. tersection I
' I and
I r_
UBY City . ,
)-- Choose a Munlclpality-/IiiI
~Range~ TownSh.ip, Section I
R~T"'So.
Palm Beach County Property Map
Map Scale 1:48941
Copyright Palm Beach County 2003
All Rights Reserved - Subject to a License Agreement
Map produced on 1/1012005 from PAPA
http://gisweb.co.palm-beach.fl.us/ipapagis/presentationlmapping/printnew.asP?MAPURL= ... 1/10/2005
ISSUES AND OBSTACLES
1. VEmCULAR ACCESS With canals bisecting three sides ofthe site it will be
difficult to overcome Lake Worth Drainage District right of way jurisdictions, it is
likely that the best route for access is east from Jog Road down Joe De Long Blvd
and extending into the Boynton Beach Links. Assuming 500 total units at build-out
this will create as many as 5000 car trips per day (although a trolley may alleviate
some of this. There are several advantages to this choice. First, it will not disrupt
adjacent neighborhoods. Secondly, offsite water and sewer main improvements
will be required to serve the property and the County would prefer a sewer
connection to Jog Road. Thirdly, entrance to and from Jog Road provides
convenient. access to the new Park Vista High School and the new County
Recreation Center.
2. ZONING As I understand it the County could go up to eight units per acre in this
area. This, plus an 80 % increase because of workforce housing would increase this
to 14.4 units per acre. As mentioned before, Boynton Beach has a Suburban Mixed
Use designation which allows up to 20 units per acre. This proposal for 500 units
comes to 12.3 units per acre. This kind of configuration win provide considerable
area for green space and recreation amenities in addition to energy efficient
dwelling units. Because of the probable large fixed expense of providing access it is
necessary to have some mass in the building of the units to give the owners a real
economic benefit.
3. LEGAL There are a nwnber of sub-issues here. First, this needs to be ajoint
County/City collaboration. This has worked well in the past, particularly with the
Boynton Beach Links many years ago. Secondly, is it legal to draw an ordinance which
sets out the priorities for ownership. Thirdly, how will the City enter into a Conditional
Land Sale Agreement. Finally, how can the project be controlled after completion to
insure that the property is maintained through time?
q, OTHER There may be political considerations with adjoining neighbors, how to draw
up fee simple ownerships for the units, whether to include a small retail area, the
possibility of providing carports and/or storage areas in addition to the garages for the
town houses, traffic concurrency, and environmental concerns.
5. REROUTING SOME GOLF COURSE BOLES. To provide the best use of both
sites and to provide a possible buffer for the neighboring areas the possibility of changing
some of the golf holes should be considered.
SUMMARY STATEMENT FROM M.C. FERGUSON
During the past four months I have had several dozen meetings with interested parties to
distill the summary you have just read. As I have become educated about the twin process
of reclaiming damaged land and finding a way to achieve workforce housing I have
become very much a believer in this project.
To continue to push this project along I am willing to remain as point man for the next
several months so that everything can funnel through one contact point. This should not
be taken as completely selfless because I hope to use this project as a model in other
areas and develop a niche for myself when I leave office in late-2006.
If you agree that this project represents an idea whose time has come, several steps need
to occur:
1. The City and the County need to resolve that this project is worthy of a joint effort.
2. The City needs to have an appraisal made of the property and work toward
agreement to lend the loan value to an enterprise designed to do the project.
3. The County needs to establish the allowed zoning density and work toward the
mitigation of new development.
4. Both parties need to research the legals to find out whether the prioritization for
residents is possible.
5. The City must identify all regulatory hurdles related to alternative uses of the
landfill.
M. C. Ferguson
March 1, 2005
ADORNO &. Yoss
A LIMITED LIABILITY PARTNERSHIP
XIII-UNFINISHED BUSINESS
ITEM B.
350 EAST LAs OLAS BOULEVARD, SUITE I 700
FORT LAUDERDALE, FLORIDA 3330 I -42 I 7
PHONE: (954) 763- 1200, FAX: (954) 766-7800
WWW.ADORNO.COM
lrul MAn B m \~
CITY MANAGER'S OFFICE
May 17, 2005
VIA FACSIMILE (561) 742-6011
Kurt Bressner
City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Blake's Towing & Transport, Inc.
Dear Mr. Bressner:
As you are aware, this firm has been retained to represent Blake's Towing & Transport, Inc.
("Blake's") regarding its exclusion from the City of Boynton Beach's ("City") towing rotation
Pursuant to our conversation with your Assistant, Joyce, please allow this letter to confirm our
request to place Blake's on the next City Commission Agenda.
Once you have had an opportunity to review this correspondence, please have your office
confirm that Blake's will make the City's next Commission Agenda and that a vote will take place
whether Blake's will be allowed to join the City's towing rotation.
We look forward to your prompt reply.
"
MDW/at
cc: Blakes Towing & Transport, Inc.
CALIFORNIA
FLORIDA
GEORGIA
NEW .JERSEY
NEW YORK
WASHINGTON, D.C.
MWEINSTE/213113.0001IN0543486 1
JUN-16-2005 THU 01:15 PM
FAX NO.
P. 02/03
ADORNO & Yoss
A L.IMITED LIABILITY PA~TNERSHIP
350 E,o.sT LAe OI..AS 8OUI..~V"'RO, Sum. 1700
FOI'lT l-Auol!AC>"I.E, f'\..OHIDI' ':'3.:30 '-42 I 7
PHONL!l (!;l!;;4J 763-1200, F....x; (9S4) 7ee-7BOO
WWW.AOORNO.COM
.Tune 16, 2005
VIA TELEFAX (561) 742-6011
Mayor Jerry Taylor
Vice Mayor Mack McCray
Commissioner Bob Ensler
Commissioner Muir C. Pel'guson
Commissionel' Carl McKoy
City o1'Bo;'11t011 Beach
100 East BOyntOl'l Beach Blvd.
P.O. Box 310
Boynton Beach., FL 33425-0310
Re: .Blake's Towing & TrUDsport, IDe.
Dear Mayor Taylor, Vice Mayor McCray and Commissioners Ensler, Ferguson and McKoy:
TIlis finll has been retained to represent Blake's Towing & Transport, Inc. ("Blalec's")
regarding its exclusioll from the City of Boynton Beach' 5 ("City") to'Wing rotation. h1 anticipation
of the Conunission Meeting of June 21, 2005, please know that Blake's is 0)1 the agenda for the
atbrmemiol1ed meeting. As members of the Commission, we would like you to review This
ColTt~spondence prior to the meeting.
It is our understanding that Blake's got involved in the bidding for towing services when it
submitted to the City a Vendor Application form in regards to towing services. After the Vendor
Application Fonu was received, Blake's was issued a Requesi for Q\.wification ("RFQ") for the
Cities Vehicle Towing Rotation Program two year contract. We have boon advised that Blake's
sealed RFQ was received timely by the City's procurement services plior to its due date of Decem ber
2, 2004.
It is OUT lmderstanding that tho Evaluation COl1'1I1.1ittce met 011 December 21, 2004, and
deterlllined that aU eight (8) RFQs submitted from towing companies were responsive and made a
determination to discuss how to pUI'SllC negotiations. Thereafter, Blake's received correspondence
on January 18, 2005, from Mary Munro ("Munro"), Assistantto the Finance Director, of the City
stating that Blake's is qualified to negotiate fees. Therefore, Blake's pm1icipated in meet.ings
regarding the Vehicle To\\'illg Rotation Program proposa.!s to establish the rates.
eALII"ORI'lI^
FLOP'! IC>"
GF-OROIA
N~ ,JltRSlty
N~w '(ORI<
WMlHI~IGTON. D.C.
MWfrNSTl::1213lll000 I/N0539469_1
JUN-16-2005 THU 01:16 PM
FAX NO.
P. 03/03
Mayor Jerry Taylor
Vice Mayor Mack McCray
Conunissioner Bob Ensler
Commissioner Muir C. FergU50n
Commissioner Carl McKoy
June 16, 2005
Page 2
On February 1,2005, the Evaluation Committee requested that all Tow comptl.llies submit
their rates. On February J 7, 200S, Blake's received correspondence tl-om MWlro stating that the
Evaluation Committee's unanimolls determination was to recommend to the City Commission that
the City will adopt Palm Beach COWlty rates. Also that all Tow companies were notified of the
proposed recommendations to adopt tho proposed Palm Beach County rates. li'inally) the Evaluation
Committee recommended to the City all ei ght tow companies that submitted RFQs participate in the
. rotation program.
A review of the meeting minutes of the regular City Commission meeting of March 15,2005
shows that of the eight (8) Tow companies that submittedRFQs, only one company was immediately
eliminated due to it being outside the City of Boynton Beach. A further review of the ntinutes' show
that once Mayor Taylor opened discussion to the public audience, a David Katz spoke representil1g
six (6) of the remainhlg Tow companies excluding Blake's. He erroneously stated that Blake's only
had a tlatbed truck for City "B" tows which. in his opinion, would be unsafe. He also went on to
erroneously state that Blake's main facility did not have enough room for the tows and its satellite
facility was furtller away from the City and might result in additiona11ow charge. Subsequently,
Blake's was the only qualified participant to not be made part of the towing rotation. It is our
opinion that the commissions 4~to.1 vote against Blake's was ba~ed upon erroneous information.
Therefore, we would like you to consider Blake's qualifications to be patt of the City's
towing rotation.
We look forward to ~eeing you at the JUlle 21,2005 meeting.
MDWlbm
cc: Blake's Towing & Transport, Inc.
C"'WP~N""
Fl.OfOIPA
l)~OI'lOI"
NEw.JE:I'lOa
NEW YO~K
WASI-IINOTON. D.C.
MWElNSTF-1213 Ill.OOO J 1N053r;4c,1)_1
jUN-16-2005 THU 01:15 PM
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To: Mayor JelTY Taylor
Fax: (561) 742-6011
To; Vice Mayor Mack McCray
Fax: (561) 742-6011
To; Commissioner Bob Ensler
Fn~: (561) 742-6011
To: Commissionor Muir C. Ferguson
Fax: (561) 742-6011
To: Commissioner Carl McKoy
Fax: (561) 742-6011
From: Michael D. Wein~tein
Ref#: 213113.0001
o Urgent
o Please Reply
Comments:
Please see lotter of even date.
FAX NO.
P. 01/03
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o For Review
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All iIIe PIIlCI 1'I'11lcb cqlJidt.llh: till. faeli'lIl1" h'1".mil!lliulI contllin illformMtioll whieh II confrdcllfllll and covcr~ by attnrncy.dient
privilclle, ,..c Infllr1llation iwlllfendcd .e'r)y ror chI! UlC ol'ille persOI to whom it i. IIdllnJ.aJ or c1inctcd. If ih" reader pf dll. notia:
i>> lIot IiHtcd ab4nlc, oriftlae reader ia 110t.11I1 emp)lIYcc or llJ:cnl retpnn.ible for lIc1ivcrinJ: tbe fauimiletnllumipiOlI to iht luJdrcl!ce. rilen
ynllllre hereby nlltil'h:cJ tht allY disselnlnllliUII, dbtriburilln Dr reprndlldion nf Mny or 1111 01' tllese f181:C* it Urlcdy prohltlitcd. tr)'oo
MW INST6/Mll18'i'febm4~IIi"j)c "llIAllli.,lolllo crn,r pleas" ootlfy .1I imlncdi4ttely by CI!lepholle ~Dnttt lit (9!l4) 763-12011 and recur. tbe
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"ia the U. S. Pmllll S4:rviee. We \\lift !""hnbllr.c YOII for tile p!l5tnll~. Thank )'011.
AGREEMENT FOR VEHICLE TOWING ROTATION F
XIII-UNFINISHED BUSINESS
ITEM C.
The date of this Agreement is the date the last party signs the Agreement as shown on the
signature pages and is between:
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation,
hereinafter referred to as "CITY",
and
"TOW CONTRACTOR".
hereinafter referred to as
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and TOW CONTRACTOR agree as follows:
SPECIAL TERMS AND CONDITIONS
1.0 RATES.
The rates herein have previously been established and approved by the Boynton Beach
City Commission and will remain firm and fixed for the term of this Agreement. The
rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and
equipment shall not be greater than the applicable maximum rates as provided by this
Agreement.
1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY
CITY
These rates are the only rates that will be charged vehicle owners under this Agreement:
A. TOWING BY ITEM DESCRIPTION
(1) Class A (cars, vans, light trucks $100.00135.00 per call
under 10,001 GVW) within City
limits;
(2)
(3)
Motorcycles within the City limits;
$100.00135.00 per call
Towing outside the City limits for
cars, vans, motorcycles, and light
trucks 3/4 and less charged only
for miles starting where city limit
is exited to the final destination.
No charge applied within city limits.
an additional
$~6.00 per towed
mile from the City limits
CA-l
(4)
Class B (vehicles 10,001 to 24,000
GVW) within the City limits;
(5)
Towing outside the City limits
for Class B vehicles only for miles
starting where city limit is exited
to the final destination.
(6)
Class C vehicles (24,00lto 53,999
GVW) within City limits;
(7)
Class C vehicles outside City
limits only for miles starting
where city limit is exited to the
final destination.
(8)
Additional time at the scene
after first hour, per 1/2 hour
thereafter (applied to all vehicles,
cars, vans, and trucks under and
over 3/4 ton, for waiting and extra
street clean-up. This provision
shall not apply in conjunction with
vehicle recovery under Section 1.2(C).
(9) Miscellaneous other charges
4 X 4/off-road vehicle recovery
Tarp fee
Lowboy service
Outside the City limits only for miles
starting where city limit is exited
to the final destination. No charge applied
within city limits.
Underwater recovery salvage
CA-2
$175.00200.00 per call
an additional
$4,007.00 per towed
mile from the City limits
No oharge applied within city
limits.
$250.00 per call (City vehicle
$300.00 all others
an additional
$8.00 per towed
mile from the City limits
No oharge applied within
City limits
$40.00 per
half hour
$%-:00120.00 for the
first half hour, and
$30.00 per half quarter
hour thereafter
$35.00 per call
$175.00 per hour
an additional $6.00 per
towed mile from City limits
$100.00 per hour port to port
(10) For purposes of this Agreement, when CONTRACTOR is entitled to
additional charges based on time spent at the scene, unless otherwise
specified, CONTRACTOR shall apportion the charge set forth herein to be
consistent with the actual time spent on the scene.
(11) The foregoing rates shall be adjusted March 1, 2006, based on the reported
increase in the consumer price index for the southeastern region of the
United States, comparing the index increase from January 2005 to January
2006.
B. STORAGE AND LIEN NOTICE
(1) Cars, vans, trucks vessels/trailers less than 25'
Outside storage $25.00 per day
Inside storage $35.00 per day
(2)
Vehicles and vessels/trailers over 25'
Outside storage
Inside storage
$35.00 per day
$50.00 per day
(3)
Motorcycles
Outside storage
Inside storage
$15.00 per day
$20.00 per day
(4)
Lien Notice (after 24 hours of storage)
$~50.00 per vehicle
$75.00 max.
Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle
stored less than six (6) hours.
"Per day" shall be defined as a twenty-four (24) hour period or any part thereof.
CA-3
C. VEHICLE RECOVERY
The following vehicle recovery fees may be charged to the vehicle owner when
the vehicle is overturned, embedded in sand, mud, or water, or requires more than
a single hook-up:
(1)
Class A and B wrecker on the
scene;
$9G120.00 per hour and
$30.00 per each halfquarter
hour after the first hour.
(2)
Extra man (each) on the scene
$~60.00 per hour
D. ROAD SERVICE
For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service
fee of $44:{)()60.00 per call may be charged to the vehicle owner for services such
as assisted start, unlocking a door, delivering gas, tire changes, etc.
1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES
A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at fifty
(50%) percent ofthe standard charge(s) as set forth above.
B.
All CITY owned or CITY leased vehicles Class "A" and "B" requiring road
service as indicated in Section 1.11 of this Agreement will receive such services at
NO CIL\RGE.fifty (50%) percent of the standard charge(s) as set forth above.
c.
All vehicles towed at the request of the Boynton Beach Police department as a
crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way
related to police business will be towed and stored at NO CHARGErotation fees.
D.
All CITY owned or CITY leased vehicles towed under Class "C" or Class "D"
will be towed at $250.00 (plus $5.00 per mile for tows more than W10 miles from
Public Works Compound).
E.
All vehicles towed at the request of Code Compliance, or any other department of
CITY in connection to City business, shall be towed at feftyfifty (420%) percent
of the contract rate and will be stored at:feftyfi-fu (420%) percent of the contract
rate, as set forth in Section 1.1 ofthis Agreement.
F.
~~~ts~~~~r.net be assessed anyfifty (50%) percent of waiting time charges, I
G.
Companies that cannot or do not respond to City tows will lose their next rotation
slot for a retail tow. Documentation will be maintained by City Communications
CA-4
1.3 SPECIAL AND ADDITIONAL CHARGES
A. WAITING TIME. The cost for waiting time shall not be assessed by TOW
CONTRACTOR until forty-five (45) minutes after arrival at the scene.
B. LABOR CHARGES. The cost for labor under any circumstances and when
applicable shall not be assessed by TOW CONTRACTOR until forty five:fuir!y
(#JQ) minutes have expired after arrival at the scene. Labor charge must be
clearly shown on the tow receipt with a written explanation of the labor charge.
C. LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to
CITY or Customer under any cireumstanoes for the dean up and refRoval of
vehicle parts and debris, regardless of the labor and time neoessary to oomplete
olean up and refRoval. Labor to the general publio will be reyiewed v:ithin six (6)
months ofilie effeotiye date of this oontract.
D. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a
service call scene without other action does not constitute a service for which
charges may be assessed to the vehicle owner. If there is no mechanical
connection. there is no loss of the TOW CONTRACTOR'S spot on the rotation
list.
Fr.- DOCillffiNTfLTION OF SPECL\L AND ADDITIONL\L CHARGES.
TO'N CONTR.:\CTOR y,ill document in detail on the tow receipt the reason(s)
for waiting time oharges and the work performed for assessed labor oharges.
TOW CONTR..\CTOR agrees that the special or additional charges may be
disputed by CITY offioials and/or the '{chide ovmer or representative. TO'N
CONTRACTOR fur+.her agrees that the City Manager or hislher designee will
make the final determiFlation on the assessment of a disputed special and
additional charge, and that TO'lf CONTR..^LCTOR shall abide by the decision of
the City Manager or hislher designee.
D. GATE FEE. A gate fee of $35.00 will be charged by TOW CONTRACTOR
when an impounded vehicle/vessel is recovered by owner/authorized agent or
when owner/agent wishes to recover property from an impounded vehicle/vessel
after hours, on weekends or holidays. No gate fee will be charged to retrieve a
vehicle/vessel or personal property Monday through Friday from 8:00 a.m to 6:00
p.m. (except holidays).
2.0 ELIGIBILITY.
A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly
engaged in the towing business on a full-time basis in Palm Beach County and
shall be able to produce evidence or prior experience in providing similar services
continuously for the past two (2) years (one year of which must have been within
Palm Beach County, Florida).
B. TOW CONTRACTOR shall have satisfactory fmancial support, required
equipment and organization sufficient to ensure that TOW CONTRACTOR can
CA-5
satisfactorily execute the services, if granted a contract, under the terms and
conditions stated herein.
C. In the event litigation arises out of the CITY's failure to select a particular
applicant, damages, if any, shall be limited to actual preparation costs incurred by
the challenging party.
D. The terms "equipment" and "organization" as used herein shall be construed to
mean a fully equipped and well established company as determined, approved or
ratified by the Boynton Beach City Commission.
E. TOW CONTRACTOR shall have and maintain an office and storage facility
within the City limits at all times during the term of this agreement. The storage
facility shall be in full compliance with the terms of this Agreement, and shall be
maintained as such at all times during the duration of this Agreement. TOW
CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill
and comply with all laws, ordinances, codes, regulations and requirements of the
City of Boynton Beach, Palm Beach County, the State of Florida, the United
States of America, and any and all governmental agencies having jurisdiction over
the providing of services as contemplated in this Agreement.
F. TOW CONTRACTOR must maintain at all times, any licenses or permits
required by the State of Florida, Palm Beach County and the City of Boynton
Beach in order to conduct business as a wrecker or tow service. Proof of said
license shall be submitted prior to the approval of this Agreement.
G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton
Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances.
H. At all times during the term of this Agreement, TOW CONTRACTOR, its
subsidiaries, agents, employees or representatives shall only appear on the rotation
list once. Under no circumstances shall a Tow Contractor who has a business,
financial or legal relationship with another Tow Contractor be permitted to have
more than one place on the rotation list.
2.1 APPLICATION REQUIREMENTS.
All applications shall be submitted as specified on the application pages. Any
attachments must be clearly identified. To be considered, the application must respond to
all parts of the RFQ. Any other information thought to be relevant, but not applicable to
the enumerated categories, should be provided as an appendix to the proposal. If
publications are supplied by an applicant to respond to a requirement, the response should
include a reference to the document number and page number. This will provide a quick
reference for the evaluators of the application. Applications failing to provide this
reference will be considered to have no reference material included in the additional
documents.
CA-6
ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE
LEGIBLE. IF PROPOSAL IS NOT LEGIBLE, IT WILL NOT BE ACCEPTED. ANY
ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY
DISQUALIFIED AND WILL NOT BE CONSIDERED.
CA-7
2.2 GENERAL SPECIFICATIONS.
A. TOW CONTRACTOR shall maintain and have available at all times for
inspection by authorized CITY personnel, detailed records of all services rendered
relative to the subject Agreement.
B. TOW CONTRACTOR shall furnish towing service for the removal of vehicles
within the City of Boynton Beach when required and when dispatched or required
by the City of Boynton Beach Police Department (or other CITY authorized
representative in the case of city-owned or city leased vehicles). Such services
shall be made available on a twenty-four (24) hour basis. CITY shall be given
preference only for calls by the Police Department.
C. TOW CONTRACTOR shall maintain adequate storage space within the City for
said vehicles when towed. Said storage facilities shall meet the minimum
requirements set forth in this Agreement.
D. At an accident scene, TOW CONTRACTOR shall remove from the street and
surrounding area all broken glass and other debris resulting from the accident.
E. CITY shall have the right to cancel a request for tow company service up until the
time that a wrecker is hooked onto a vehicle and ready for transport to the storage
facility. However, if the tow is cancelled, the tow company will retain their
position in the rotation.
2.3 SPECIFICATIONS FOR WRECKERS.
A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or
mortgage and have immediate access to two (2) CLASS "A"
TOWINGIRECOVERY VEHICLES meeting the specifications set forth in Palm
Beach County code.
B. TOW CONTRACTOR must own, lease (first-party) and be in possession, or
mortgage and have immediate access to at least one (1) CLASS "B"
TOWINGIRECOVERY VEHICLE, meeting the specifications set forth in Palm
Beach County code.
C. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker
rotation list, TOW CONTRACTOR must own, lease (first-party) and be in
possession, or mortgage and have immediate access to at least one (1) CLASS "C"
TOWINGIRECOVERY VEHICLE meeting the specifications set forth in Palm
Beach county code.
D. Class "C" and/or "D" TOW CONTRACTORS must have the ability to tow an
aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck,
and a Track Excavator that is approximately 30 tons.
CA-8
E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access
to at least one (1) motorcycle trailer.
F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the
following supplies and equipment:
1. Operating clearance and marker lights, as well as any other equipment
required by Florida Statutes, or any other laws or codes governing tow and
recovery vehicles;
2. There shall be a rotor beam or strobe light, that is amber in color and
mounted on the wrecker in such a manner that it can be seen from the
front, rear and sides of the vehicle;
3. One (1) heavy-duty push broom;
4. A flood light on the hoist;
5. One (1) flat-nose shovel;
6. One (1) ax;
7. One (1) crowbar;
8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a
current inspection tag. The fire extinguisher must be an approved type;
9. One (1) pair of bolt cutters;
10. One (1) set of jumper cables;
11. One (1) four-wait lug wrench;
12. One (1) high-intensity flashlight;
13. One (1) set of red highway reflectors;
14. Five (5) thirty minute flares;
15. Each wrecker and tow vehicle shall contain a telephone or radio
communications system to enable continuous direct contact between the
driver and the office of TOW CONTRACTOR; and
16. Each vehicle shall be specifically designed, constructed and equipped for
the towing of vehicles, and shall at all times, be properly maintained in a
mechanically safe condition.
CA-9
G. To be awarded and to maintain a certificate of qualification, a Class "A"I"B"
TOW CONTRACTOR shall have in operational condition at the time the
certificate of qualification is awarded and for the duration of this agreement at
least two (2) Class "A" wreckers, and one (1) Class "B" wrecker.
H. TOW CONTRACTOR shall have available at all times, sufficient equipment to
perform all services required herein on a timely and responsible basis. TOW
CONTRACTOR shall notify CITY in the event any of the required equipment, as
set forth in this Agreement, is inoperable, sold, levied upon, repossessed or
attached.
3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS.
A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any
governmental agency having jurisdiction in the premises, including but not limited
to, licensing and minimum safety requirements.
B. TOW CONTRACTOR shall be the holder of a general towing and wrecker
service license issued by Palm Beach County and shall be the holder or any
licenses required by Florida law and the City of Boynton Beach.
C. Each wrecker shall be manned by a driver who must meet the following
qualifications:
1. Possesses a valid State of Florida required Commercial Drivers License
(CDL);
2. Possess knowledge of the layout of streets and roadways within the City of
Boynton Beach; and
3. Be physically qualified to perform the normal and everyday tasks required
of a tow truck operator.
D. TOW CONTRACTOR shall ensure that each driver operates the company's
equipment in a safe and proper manner in accordance with operating manuals and
Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach
Police Department on a driver's unsafe, unlawful or improper operation,
documented corrective action must be taken by TOW CONTRACTOR.
4.0 FACILITIES.
TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles.
There shall be an outside, enclosed area and an inside storage area. All facilities shall be
located within the City limits and be owned or leased by TOW CONTRACTOR. TOW
CONTRACTOR's storage facilities cannot be relocated without written consent from
CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the
relocation shall constitute a breach ofthis Tow Agreement.
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1. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to
maintain office facilities:
a. to include telephone and restroom facilities, and a work area containing,
for example, a desk, phone, facsimile machine, computer, etc.;
b. with a physical plant having the name of the company and the mailing
address and 24-hour phone number clearly painted;
c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a
week; and
d. that maintains a radio communication system at all times, 24 hours per
day, 7 days a week. TOW CONTRACTOR shall not utilize any phone
answering services(s), as said services are strictly prohibited under the
terms of this Agreement, and use of such services shall constitute a breach
thereof.
2. OUTSIDE STORAGE
a. Outside storage shall be kept and maintained to provide for the removal of
junk, tires, and auto parts; the regular trimming of all shrubbery, bushes,
trees and grass areas (along fence line and on property); and adequate
drainage to prevent standing water.
b. Outside storage areas must be protected by an enclosed solid wall or a
substantial wire fence not less than six (6) feet in height. The top of such a
fence or wall, including all gates, doors, or roofed open areas shall be
equipped with not less than twelve (12) inches of barbed wire installed in
such a manner as to discourage access over the top of such a fence or wall.
All fences and walls shall be maintained in good repair throughout the
term of this Agreement. Any damage to such walls or fences shall be
repaired within twenty-four (24) hours of its occurrence.
c. The area must have a vehicle storage capacity of at least twenty-five (25)
vehicles. This storage will predominantly be utilized for accident tows,
designated "HOLD," confiscated, and evidence vehicles. A secondary
storage area may be located within a ten (10) mile radius of the City of
Boynton Beach, and may be utilized for Code Compliance-related tows.
3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of
storing up to three (3) vehicles in inside storage, and shall maintain at least one (1)
inside storage space that shall meet the following specifications:
a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high
ceiling;
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b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water
and vegetation;
c. an electrical lighting source sufficient to permit processing of a vehicle;
and
d. one (1) outside window or a ventilation system.
4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE
a. Any vehicle towed or stored as a result of the marked "HOLD" relative to
a crime scene investigation shall be handled with gloves (i.e. cloth, rubber
or leather) by the wrecker operator.
b. Crime scene vehicles shall be stored to prevent physical contamination or
degradable evidence from deteriorating, and by inside storage. If inside
storage is not available, CONTRACTOR shall surrender the tow and fee to
the next Contractor in rotation. This shall not prevent CITY from
removing the vehicle or trailer and storing it at a City-owned or controlled
facility or at another Tow Contractor's storage compound.
c. If laboratory work on a crime scene vehicle is required and the vehicle
must be processed at the City of Boynton Beach Police Headquarters, the
crime scene vehicle shall be transported to the City-designated location.
d. Vehicles which have been marked "HOLD" by the Police Department
shall be stored at such compound for whatever period of time necessary, in
order to properly process the vehicle and conduct any investigation
necessary. Vehicles towed by the Police Department such as Impounds for
Investigative/Evidence purposes; the City is responsible for payment of
storage at City rates. The Owner shall NOT be chan!ed for any storaee
fees.
e. Confiscated vehicles or vehicles involved in litigation shall be protected
from the elements, preferably at an inside storage facility, as to maintain
the vehicle in its condition at the time of towing. This shall not prevent
CITY from removing the vehicle and storing the vehicle at a City owned
or controlled facility or at another Tow Contractor's facility.
f City of Boynton Beach Police Department personnel shall be permitted
access to all such vehicles at all times.
5.0 PERFORMANCE PROBATION PERIOD.
A. A contractor awarded a Certificate of Qualification will be subject to a three (3)
month probationary period. During this time, the contractor's performance will be
evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the
standards set forth in this Agreement, the City Commission may, upon the
recommendation of City staff, by written notice setting forth the default under the
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Agreement terms, revoke the Certificate of Qualification. If performance is
acceptable at the end of the probationary period described herein, TOW
CONTRACTOR will be so notified by the City.
B. Should the City Commission revoke a Certificate of Qualification within the three
(3) month probationary period, another Certificate of Qualification may be
awarded to an eligible company as determined by the City Commission.
5.1 ROLE OF CITY MANAGER AS TO PENAL TIES.
The City Manager for CITY shall have the power to formally reprimand TOW
CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW
CONTRACTOR under the terms of this Agreement, recommend to the City Commission
revocation of the Certificate of Qualification, and recommend to the City Commission
that this Agreement with TOW CONTRACTOR be terminated.
5.1.1 FORMAL REPRIMAND.
Upon review of materials provided to himlher by City staff, the City Manager may issue a
written reprimand to TOW CONTRACTOR for any act or omission, which in hislher sole
discretion, is deemed to be a violation of this Agreement. A written reprimand for an act
or omission in violation of the terms of this Agreement shall be grounds for
recommending termination of the Certificate of Qualification should the City Manager
deem such action to be appropriate under the circumstances.
5.1.2 REVOCATION.
In the event any criteria for qualification established by this Agreement and Resolution
R05-_ are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve
written notice upon Certificate Holder of the recommended revocation of the Certificate
of Qualification and/or termination of the Agreement. However, any and all liabilities of
TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior
to the date of cancellation shall not be affected, waived or otherwise as a result of the
cancellation.
In the event City Manager for CITY recommends revocation of the Certificate of
Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a
recommendation shall be considered by the City Commission for CITY.
5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR.
TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning
the performance of TOW CONTRACTOR's duties under this Agreement and otherwise
shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW
CONTRACTOR to follow any subsequent reasonable instruction of the City Manager
regarding any complaint will be considered a material breach of this Agreement and the
awarded Certificate of Qualification, and shall be cause for termination thereof.
5.1.4 REPUTABILITY.
Lack of reputability shall be cause for revocation of a Certificate of Qualification and
shall include, but not be limited to the following:
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A. Misstatements concerning the conviction of any officer, employee or agent
convicted of any felony when that person's civil rights have not been restored;
B. Retaining any officer, employee or agent convicted of any felony when that
person's civil rights have not been restored;
C. Retaining any officer, employee or agent convicted of any felony or first degree
misdemeanor directly related to the business and/or operation of a wrecker, when
that person's civil rights have not been restored. For the purpose of this
Agreement, any offense involving petjury, false statement or theft shall be
considered to be directly related to the business operation of a wrecker.
D. Retaining any officer, employee or agent convicted of the offense of driving under
the influence of alcohol or any other controlled substance to the extent that normal
faculties are impaired; of the offense of driving a vehicle and having an unlawful
blood alcohol level; or of any other criminal traffic offense.
5.1.5 SUSPENSION
Should at any time during the term of this Agreement, including during any option terms,
the tow company be in violation of any of the terms and conditions of this Agreement, the
City Manager or his or her designated agent shall have the right to suspend the company
until the violation is resolved to the satisfaction of City staff If the violation is not
promptly resolved or is of such a serious nature that the City Manager determines that
suspension is inadequate, the City Manager reserves the right to recommend to the City
Commission revocation of the Certificate of Qualification and termination of this
Agreement with TOW CONTRACTOR for cause.
Should at any time during the term of this Agreement, including during any option terms,
TOW CONTRACTOR or its principals become the subject of a criminal investigation,
the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of
Qualification pending the outcome of any criminal investigation and trial, should one
result. Upon the conclusion of a criminal investigation that does not result in criminal
charges against TOW CONTRACTOR or its principals, the City Manager may
recommend to the City Commission revocation of the Certificate of Qualification and
termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift
the suspension, thereby reinstating the Certificate of Qualification to TOW
CONTRACTOR.
If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a
trial or via plea bargaining with the State, the City Manager may recommend to the City
Commission revocation of the Certificate of Qualification and termination of this
Agreement with TOW CONTRACTOR or City Manager may reinstate.
6.0 COMMERCIALLY MANUFACTURED EQUIPMENT.
A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged
by TOW CONTRACTOR shall be commercially manufactured and shall conform
to the requirements set forth herein or be approved by CITY or its designee.
B. Each tow truck, recovery vehicle, and all equipment utilized by TOW
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CONTRACTOR shall be maintained in good mechanical condition at all times.
C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by
CITY or its designee at all times during the term of this Agreement.
D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle,
except when the circumstances justify the use of the vehicle in that manner. (i.e.
flashing lights are to be used only when necessary).
6.1 MARKINGS.
TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or
correspondence that indicates or tends to indicate any official relationship between TOW
CONTRACTOR and the City of Boynton Beach.
7.0 SITE CLEAN-UP.
TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed
vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and
property of CITY; and shall remove the same to a proper place for disposal if the accident
scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The
owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set
forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction
debris and spilled loads.
8.0 EMPLOYEES.
TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of
Boynton Beach Police Department the following information on all officers, employees,
agents, and servants, and to be responsible for keeping the information accurate and
current: name, address, date of birth, driver's license number, social security number, and
photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the
officers of the company, if a corporation, shall be personally responsible for the acts of
their employees, while said employees are on-duty. TOW CONTRACTOR further
acknowledges and agrees to notify its employees that CITY may run drivers license
histories on any driver at any time with or without cause.
9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES
RECEIVED FROM ONE PROPOSER.
If more than one application is submitted by anyone proposer, by or in the name
of his or their clerk, partner, or other persons, and it is determined by CITY staff
that such applicant is under single, identical, or substantially the same ownership,
all such applications will be rejected. If the above described dual ownership is
not revealed until the contract term has begun, said action shall constitute grounds
for revocation of the Certificate of Qualification and termination of this
Agreement with TOW CONTRACTOR.
10.0 RESPONSE TIME.
A. TOW CONTRACTOR shall, at the request of the CITY Police Department or
other CITY official requesting tow truck service at any time of the day or night,
arrive at the scene with the appropriate equipment within the following time limit
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depending upon the vehicle class requested:
CLASS A
CLASS B
CLASS C
30 minutes from request
30 minutes from request
45 minutes from request
B. TOW CONTRACTOR assumes all liability in meeting the required class response
time, including but not limited to, any and all damages resulting from traffic
accidents and motor vehicle infraction fines occurring after the response time
limit has expired.
C. In the event TOW CONTRACTOR fails to respond in a timely manner, the
department of CITY requesting the service shall document the untimeliness, and
forward said writing to the Agreement Administrator.
D. The following penalties shall apply should any TOW CONTRACTOR fail to respond
within the class response time set forth in Section 3.1(A) of this Agreement or skip
any tow directed by the City of Boynton Beach.
Within a 12 month period
1. I st offense
2. 2nd offense
3. 3rd offense and greater
Penalty
Certified letter of warning
One (1) month suspension
Termination of Agreement with CITY
and revocation of certificate of
qualification
E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the
City Commission, and if TOW CONTRACTOR can show by substantial and
competent evidence that extenuating circumstances beyond TOW
CONTRACTOR's control caused the failure to timely respond, the suspension
may be lifted by the City Commission.
B:-F. All appeals must be made in writing to the City Manager within thirty (30) days of
the action, and shall fully set forth the basis for the appeal. Suspensions shall not
be stayed during any pending appeals.
G. City Manager recommendation for termination of this agreement and revocation
of the certificate of qualification under this section requires consideration and
action by the City Commission.
11.0 SUBCONTRACTING.
TOW CONTRACTOR shall not subcontract its services to secure additional
wreckers or storage space required under this Agreement. TOW CONTRACTOR
must own, lease, or mortgage the vehicles, equipment and storage space required
under this Agreement. Evidence of ownership of all vehicles is required. All
registrations of vehicles are due at the time of submitting this RFQ.
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12.0 BENEFITS FROM REPAIRS.
A. m the event TOW CONTRACTOR holding a certificate of qualification operates
an automobile repair and/or automobile paint and body repair business, TOW
CONTRACTOR shall provide written notification to the owner or representative
of the owner of the vehicle towed under the provisions of this Agreement, that
there is no obligation to have any automobile, vehicle or trailer repairs and/or
automobile, vehicle or trailer paint and body work done by TOW
CONTRACTOR.
B. TOW CONTRACTOR shall notify CITY in wntmg of any and all repairs
completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR
towing a vehicle under the provisions of this Agreement. The written notification
to vehicle owner that there is no obligation to have TOW CONTRACTOR
undertake any repairs to the vehicle shall be included.
13.0 INSURANCE REQUIREMENTS.
A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an
additional insured.
B. During the term of this Agreement, TOW CONTRACTOR shall have in effect
insurance with those limits specified in this Section. Copies of said insurance
policy or certificate of insurance must be furnished to CITY's Purchasing
Department and Risk Management Department immediately after approval of
Agreement by the City Commission. CITY may request proof of insurance or the
name and phone number of insurer at any time during the term of the Agreement,
and TOW CONTRACTOR must respond with said proof of insurance within five
(5) days of the request. Failure to provide the proof of insurance required in this
section or the name and phone number of insurer as requested shall result in
automatic suspension of the certificate of qualification and may be grounds for
termination of this Agreement with TOW CONTRACTOR.
C. TOW CONTRACTOR shall supply CITY with a Certificate of msurance for the
coverages and limits as shown in this Section. A thirty (30) day cancellation
clause in favor of CITY shall be included in the Policy and the Certificate.
D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all
times, and shall maintain the following during the terms of this Agreement:
1. Comprehensive General Liability msurance with minimum limits of
coverage of One Million ($1,000,000.00) Dollars per incident Combined
Single Limit for Bodily Injury Liability and Property Damage Liability.
2. Automobile Liability msurance coverage in the minimum amount of Three
Hundred Thousand ($300,000.00) Dollars per person/per incident and
property damage coverage of One Hundred Thousand ($100,000.00)
Dollars per incident.
3. Garage Keeper's Legal Liability msurance coverage m the mlmmum
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amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners
of any and all vehicles and trailers towed or stored by TOW
CONTRACTOR pursuant to this Agreement, from any loss or damage to
such vehicle or trailer on account of such removal or storage.
E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all
policies of insurance and renewals thereof in a form acceptable to CITY. Each
policy shall provide that CITY as an additional insured, and that the CITY shall be
notified by the insurer in writing of any cancellation at least thirty (30) days prior
to the effective date of cancellation.
F. Each and every insurance policy must be issued by companies acceptable to
CITY'S Risk Management, and licensed, qualified and authorized to do business
in the State of Florida. All policies must be at lease six (6) months in duration.
G. Each TOW CONTRACTOR shall show proof of the insurance required under this
Section prior to the issuance of a Certificate of Qualification. TOW
CONTRACTOR shall not commence operation under the term of this Agreement,
until certification or proof of insurance, detailing terms and provisions of
coverage, has been received, reviewed, and approved by CITY.
H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's
compensation coverage required by the State.
13.1
TOW CONTRACTOR'S LIABILITY.
A. TOW CONTRACTOR shall be liable for any towed vehicle and property
contained therein.
B. TOW CONTRACTOR or its employee, representative, or agent shall
inventory all personal property contained in each vehicle towed. The Tow
companies are relieved of liability for property inside of the vehicle that was not
listed on the inventory report completed by the officer on the scene.
C. The inventory shall be made in triplicate and shall be signed by the person
composing it. One copy shall be given to the owner or person in possession of the
vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded
to the Boynton Beach Police Department, and the final copy shall be retained by
TOW CONTRACTOR.
13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES.
CITY shall not be responsible or liable in any manner whatsoever for either the collection
or payment of any charges for services rendered, including towing and storage.
14.0 ACCESSIBILITY OF STORAGE FACILITIES.
TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours
of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday;
CA1.8
therefore the Gate Fee shall not be charged during the applicable business hours.
Authorized personnel of TOW CONTRACTOR shall be available during such times to
assure that the obligations and services, including retrieval of stored vehicles by the
public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there
shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in
storage. There will be a $40.00 gate fee charged to any individual(s) or other entity
retrieving a vehicle from storage.
14.1 PROTECTION OF VEHICLES AND PROPERTY.
A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key. "
B. TOW CONTRACTOR shall protect all stored vehicles, and any evidence or
personal property contained therein from theft and damage in accordance with all
reasonable police department instructions and directives.
C. TOW CONTRACTOR agrees to replace any such article(s) upon verification of
the loss by the designated investigative agency representing the City of Boynton
Beach or Palm Beach County.
14.2 INSPECTION OF FACILITIES.
A. Storage facilities shall be subject to inspection and shall be approved by CITY
prior to award of the Certificate of Qualification and the execution of this
Agreement. Storage facilities shall be subject to periodic inspections during the
term of Agreement when deemed necessary by the City Manager's office or the
CITY'S Police Department.
B. Notice of any deficiencies or violations of this Agreement discovered by CITY
with respect to storage facilities shall be submitted to TOW CONTRACTOR in
writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of
receipt of such notice. The Agreement may be terminated and the Certificate of
Qualification revoked, or suspended at the option of the CITY.
14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY.
A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been
marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released
without the prior written consent of the City of Boynton Beach Police
Department.
B. All persons applying for release of the vehicle or trailer from TOW
CONTRACTOR shall present adequate proof of ownership or right to possession.
Upon release, TOW CONTRACTOR shall give a receipt and itemized statement
indicating all charges related to the impounding of the vehicle or trailer to the
owner or person entitled to possession.
C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW
CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal
holidays, provided the appropriate documentation has been filed.
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D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance
may only be released under the authority of the Boynton Beach Police
Department.
E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior
to customer's arrival at the storage site shall be advised of the following by TOW
CONTRACTOR:
1. each and every document or other item needed to retrieve vehicle;
2. exact charges at the time of contact and any additional charges that
may accumulate subsequent to contact and before retrieval;
3. acceptable methods of payment; and
4. the hours and days that the storage site is open for regular business.
F. If all matters are in order, customer shall be returned to possession of the towed
vehicle or trailer within thirty (30) minutes of the request.
14.4 PERSONAL PROPERTY LOSS.
A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any
personal property contained therein, or to any vehicle accessories, regardless of
the cause of such damage or loss. TOW CONTRACTOR shall hold CITY
harmless as to any claims, suits or actions alleging such loss or damage. Personal
property found in vehicles or trailers that have been stored by TOW
CONTRACTOR shall not be sold or disposed of in any way to defray any charges
for storage or towing.
B. TOW CONTRACTOR shall be held accountable for all personal property and
vehicle accessories inventoried at the time the vehicle or trailer is towed, while the
vehicle is stored at TOW CONTRACTOR'S storage facility , and while TOW
CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW
CONTRACTOR shall make restitution to owner for all such losses occurring by
theft, fire, or other damage.
14.5 DESTINATION OF TOWED VEHICLE.
TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at
time of tow) other than that designated by a CITY Police Officer or other authorized
CITY representative, or owner or person in possession of vehicle. ALL CITY owned or
leased vehicles towed from a location within Palm Beach County shall be towed, as
requested to CITY property. Each and every vehicle towed from within the city limits
shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and
shall remain at that location for at least seven (7) days.
15.0 RADIO COMMUNICATION.
A. All towing vehicles and wreckers must be equipped with two-way radio or
telephone communication. The range of the communication system shall, at a
minimum, extend throughout the Boynton Beach city limits. Accordingly, the
base station for the above equipment must be strong and powerful enough to
provide city-wide coverage. A citizens band radio is insufficient to meet this
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requirement.
B. Any radio communication shall, at no time, be tuned into any police frequencies.
C. Guidelines ofthe Federal Communication Commission (FCC) shall prevail.
D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning
the communication system.
E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to
be answered by a TOW CONTRACTOR employee designated to respond to
emergency calls for service. This service is in addition to the communication
system required in subsections 4.5(A)-(D) above, and is necessary so that TOW
CONTRACTOR can provide timely and efficient service 24 hours a day, seven
days a week.
16.0 REPORTS AND RECORDKEEPING.
A. TOW CONTRACTOR shall make available upon request to the CITY'S Police
Department, weekly reports of vehicles and trailers towed at the request of the
Police Department. The written reports will be designed and supplied by CITY
and the following information shall be provided thereon:
1. Name and owner of driver;
2. model and make of vehicle or trailer;
3. license plate number;
4. vehicle identification number;
5. time, date and location of tow;
6. circumstances requiring tow;
7. whether or not a "HOLD" was placed on the vehicle by the Police
Department;
8. time dispatched to scene and time of arrival;
9. storage facility where vehicle is stored; and
10. the date, time and name of employee releasing the vehicle.
B. TOW CONTRACTOR shall make available upon request by the CITY'S Police
Department, a complete and detailed listing of all vehicles and trailers which have
been impounded or stored for periods of thirty (30) days or more. Form to be
provided by the CITY. Any vehicle or trailer that has not been claimed for a
period of thirty (30) days from the towing of the vehicle, shall be reported in
writing to the Police Department.
C. Services related to CITY owned or leased vehicles or trailers shall be logged and
forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public
Works Director. All such logs shall identify the vehicle or trailer towed, the
location from which it was towed, and the hours and dates applicable to TOW
CONTRACTOR'S services with respect to those vehicles or trailers. The "service
ticket" shall include the signature of the authorized CITY employee approving
towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such
information, until such time as a form is provided to it by CITY, which then must
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be completed by TOW CONTRACTOR.
D. TOW CONTRACTOR shall maintain at its place of business records containing
the following information:
1. a vehicle storage receipt of each vehicle on the premises;
2. a monthly log of all calls for service by the Police Department;
3. a notification log indicating the date, time and method of notification to
the registered owner ofthe stored vehicle or trailer; and
4. A daily log setting forth a list of all vehicles towed, as well as information
on each vehicle as required by Section 5.0(A) ofthis Agreement.
E. INSPECTIONS.
1. TOW CONTRACTOR shall maintain and have available at all times for
inspection by authorized CITY personnel, detailed records of all services
relative to this Agreement.
2. TOW CONTRACTOR shall make available for inspection by authorized
CITY personnel the compounds and storage facilities required herein.
3. In order to facilitate inspection and audits by authorized CITY personnel,
records maintained by TOW CONTRACTOR relative to services provided
under this Agreement shall be kept separate and apart from other company
records.
F. RECORDS RETENTION AND RIGHT TO ACCESS.
TOW CONTRACTOR shall preserve and make available for inspection and/or
removal for the purpose of copying, all financial records related to performance
and billing under the terms of this Agreement, upon five (5) days prior notice. All
records shall be maintained for a period of three (3) years after termination ofthis
Agreement. If an audit has been initiated within that three (3) year period, but
findings from the audit have not been resolved, the records shall be retained and
maintained until resolution of audit findings.
G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow
Agreement Monitor, upon request, a log sheet detailing each tow made by TOW
CONTRACTOR during that month, as well as the amount charged and service
given for each tow. A copy of the invoice for each tow should accompany the
monthly report.
H. Failure to comply with the provisions and requirements of Section 5.0 of this
Agreement shall result in suspension from the wrecker rotation until such time as
TOW CONTRACTOR corrects such noncompliance. Should TOW
CONTRACTOR fail to comply with any of the provisions of this section may, in
the discretion of the City Manager, warrant recommending to the City
Commission termination of the Certificate of Qualification and Agreement with
TOW CONTRACTOR.
17.0 CODE COMPLIANCE CASES.
A. When vehicles or trailers are towed from public property, including right-of-ways,
after the appropriate notification, TOW CONTRACTOR has the option of
destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and
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715.05, Florida Statutes.
B. TOW CONTRACTOR must proceed in accordance with the provisions set forth
in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall
constitute a breach of this Agreement.
C. When vehicles or trailers are towed from private property after receiving the
appropriate notification, TOW CONTRACTOR must store the vehicle or trailer
for a minimum period of thirty-five (35) days, after which time TOW
CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to
Section 713.78, Florida Statutes.
18.0 NON-EXCLUSIVITY OF SERVICES.
A. The owner or person in possession of the vehicle or trailer which has been
involved in an accident or which has been incapacitated in any other manner shall
be given the opportunity to contact a wrecker or tow company ofhislher choice, as
long as the disabled vehicle does not create a hazardous condition and a
reasonable response time can be expected. Said person shall also be given the
opportunity to have the vehicle or trailer towed to a garage or compound of hislher
choice.
B. CITY shall not be liable for any charges for moving, towing, and storage of any
vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or
trailer resulting from TOW CONTRACTOR'S acts or omissions.
C. All vehicles and trailers towed under the request of the CITY, including but not
limited to the City's Police Department, Code Compliance Division, Public
Works Department, Fire Department, shall be governed by this section.
19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE.
TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees,
and police department harmless from and against any and all claims, suits, actions,
damages or causes of action whatsoever arising during the term ofthis Agreement, caused
by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or
damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all
costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any
administrative or legal proceedings brought therefrom; and from and against all orders,
judgments or decrees which may be entered therein.
TOW CONTRACTOR shall further defend CITY, its agents, employees and police
department in any action brought as a result of the items set forth in this section, and
related to performance of this contract by TOW CONTRACTOR.
In the event any litigation or other legal proceedings shall arise from this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses
incurred therein.
20.0 NON-DISCRIMINATION.
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TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this
Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of
race, religion, gender, age, handicap, marital status, political affiliation, national origin, or
otherwise with respect to its hiring practices and in the performance of the terms of this
Agreement.
21.0 POSTING AND PROVIDING CHARGES OF SERVICES.
1. TOW CONTRACTOR shall prominently post in a conspicuous location at its
storage facilities and on its tow vehicles and wreckers, a list of charges, as set
forth herein. A list of such charges shall also be printed and such charges shall be
provided to the owner or person lawfully in possession of each vehicle and trailer
towed by TOW CONTRACTOR.
2. TOW CONTRACTOR shall not charge for any service that exceeds such posted
or listed amount, nor shall TOW CONTRACTOR perform any service that is not
deliniated on such posted or listed schedule without giving the owner or person
lawfully in possession a written estimate of the amount that will be due and
payable upon completion ofthe unposted or unlisted service.
22.0 COMPLIANCE WITH LAWS.
This Agreement shall be governed by all federal, state, and local laws, regulations,
ordinances, and codes, as amended from time to time, and as set forth by any other
regulatory agency, including but not limited to, any and all municipal codes, ordinances,
or regulations which may govern CITY as a Florida municipal corporation.
23.0 NON-ASSIGNABILITY.
The Certificate of Qualification shall not be assigned, sold or transferred in any manner
whatsoever.
24.0 DISPOSAL OF VEHICLES.
Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any
vehicle, trailer, or personal property from therein for a period in excess of ninety (90)
days, and be ordered to relinquish such vehicle, trailer or personal property to the City of
Boynton Beach Police Department,
TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than
that specified in this Agreement.
25.0 MODIFICATION OF THIS AGREEMENT.
No waiver or modification of this Agreement or any covenant, condition, provision, or
limitation contained therein shall be valid absent the execution and approval of a written
addendum executed by both parties. No evidence of any waiver or modification shall be
offered or received into evidence in any proceeding, arbitration or litigation between the
parties to this Agreement, unless such waiver or modification is duly executed as set forth
in this Section.
26.0 ETHICS AND CONDUCT.
TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a
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courteous, orderly, ethical and businesslike manner. As it is recognized by both parties
that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its
personnel and employees to work with the public on a daily basis, TOW CONTRACTOR
is required to extend common courtesies, including but not limited to:
A. Expedite release of vehicle in accordance with the terms ofthis Agreement;
B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or
trailer to establish ownership;
C. Permit the owner to remove the auto tag and any unattached personal possessions;
D. Explain fully and politely the reason for the tow and all charges levied; and
E. If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute
promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be
reported to the City Manager's Office no later than the next business day.
27.0 WRECKER ROTATION LIST PROCEDURE.
A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for
wrecker call-out on a per incident basis (except Code Compliance). Five separate
log books will be utilized and maintained by the CITY'S Communication
Division.
B. Procedure.
1. Log System
a. Logs will be kept based on the breakdown noted:
i. Class "A" and "B" Wrecker Companies;
11. Class "C" & "D"Wrecker Companies; and
111. Code Compliance Wrecker Companies (all Class "A"/"B"
TOW CONTRACTORS required to participate).
IV. City Vehicles Class "A" and "B" and
v. City Class "C" & "D" Wrecker Companies
b. TOW CONTRACTORS will be filed in alphabetical order,
according to corporate name.
c. A TOW CONTRACTOR will be called in rotation order from the
card file on a per incident basis.
2. Wrecker Response.
a. If TOW CONTRACTOR is unable to respond to a call for service,
TOW CONTRACTOR will be moved to the end of the list, thereby
forfeiting that rotation.
b. The CITY official, agent or employee on the scene requesting the
wrecker or tow shall determine whether a wrecker remains on the
top of the rotation list in the event of cancellation or other
circumstances where the wrecker is not used. Said CITY official
shall notifY the Communications Division upon cancellation of the
tow and the tow company will retain their position on the rotation
list.
c. The next tow company in the rotation will be contacted in the event
TOW CONTRACTOR cannot be reached by the CITY'S
Communications Division or TOW CONTRACTOR has failed to
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respond within a reasonable time to a hazardous scene. The City
official, agent or employee shall determine, based on his sole
discretion, whether the response time was excessive.
d. During the midnight shift, the CITY will reconcile logs on a daily
basis, and will gather any reports of problems or incidents that
were brought to the attention of the dispatch supervisor, who shall
forward the same to the Tow Agreement Monitor within the
CITY'S Police Department.
3. Rotation Tracking.
a. A manual log will be used by CITY to track all vehicle or trailer
tows to include rotation wreckers.
b. The log shall contain the date and time of the tow, the tow
company, the CITY officer, agent or employee, dispatch, case
number, remarks, and a computer check.
c. Specific requests from the vehicle or trailer owner or person
lawfully in possession will not be charged against the rotation
schedule. The request shall be logged as such by CITY in the
manual log. If an owner's request cannot be honored for any
reason whatsoever, a rotation wrecker will be contacted and so
charged on the rotation schedule.
4. Knowledge of Position on Rotation List.
a. TOW CONTRACTOR is responsible for knowing its position on
the wrecker rotation list. CITY will not provide this information
over the telephone.
b. The rotation list is public record pursuant to Chapter 119, Florida
Statutes, and is available for inspection, by appointment, during
regular business hours.
28.0 CODE COMPLIANCE TOWING PROCEDURE.
A. Purpose. Standard operating procedure is to be utilized for the removal of
vehicles or trailers deemed to be abandoned, unregistered or wrecked as described
in Chapter 10, Article ill, Sections 10-50, 10-51 and 10-52 of the City of Boynton
Beach Code of Ordinances. The towing of these vehicles is to be at no charge to
the CITY.
B. Procedure.
1. Tow List.
a. Tow lists will be faxed from the Code Compliance Division directly to
the tow contractor during the month as needed. All tow lists must be
returned to the Code Compliance Division within 7 days of receipt of
the request for tow.
b. Results of the status of each vehicle or trailer will be noted on the list
(i.e. towed, gone-on-arrival, or currently licensed).
c. Each TOW CONTRACTOR represented in the rotation system shall
supply the name of and accessible contact person and that person's
phone number to the Code Compliance Division employee responsible
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for the tow list.
2. Rotation.
a. Wrecker companies shall rotate Code Compliance tows on a
monthly basis.
b. TOW CONTRACTOR is required to notify CITY'S Code
Compliance Division and the employee responsible for the tow list,
at least ten (10) days in advance of its month to undertake Code
Compliance tows, if said TOW CONTRACTOR is unable to
perform such tows as requested by CITY. In the event TOW
CONTRACTOR is unable to perform, it shall be moved to the end
of the Code Compliance Rotation, and may be subject to penalties
as provided in this Agreement.
C. TOW CONTRACTOR's failure to perform Code Compliance tows
for more than two (2) months during any twelve (12) month period
may result in suspension from ALL tow lists for a period of time
as determined under the sole discretion of the CITY'S City
Manager.
C. CITY hereby reserves the right to modify the rotation schedule or procedure for
Code Compliance tows under this section of the Agreement in an effort to
improve upon the procedure to place Code Compliance tows in the regular
rotation or otherwise.
29.0 TERM OF AGREEMENT.
This Agreement shall take effect as of the date the Agreement is ratified by Resolution of
the City of Boynton Beach City Commission, and shall have a term of two (2) years from
that date. This Agreement shall be automatically renewed for one (1) additional year,
unless either party provides written notice via certified mail to the other party within
thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at
the end of the term.
29.1 INDEPENDENT CONTRACTOR.
This Agreement does not create an employee/employer relationship between the parties.
It is the intent of the parties that TOW CONTRACTOR is an independent contractor
under this Agreement and not the CITY'S employee for all purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers
Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR
shall retain sole and absolute discretion in the judgment of the manner and means of
carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW
CONTRACTOR agrees that it is a separate and independent enterprise from the CITY;
that it has full opportunity to find other business; that it has made its own investment in
its business, and that it will utilize a high level of skill necessary to perform the work.
This Agreement shall not be construed as creating any joint employment relationship
between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any
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obligation incurred by TOW CONTRACTOR, including but not limited to unpaid
minimum wages and/or overtime premiums.
29.2 NOTICE.
Whenever any party desires to give notice unto any other party, it must be given by
written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended and the remaining party, at the places last
specified, and the places for giving of notice shall remain such until they shall have been
changed by written notice in compliance with the provisions of this section.
For the present, the TOW CONTRACTOR and the CITY designate the following as the
respective places for giving of notice:
CITY:
City Manager
City of Boynton Beach
P.O. Box 310
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
TOW CONTRACTOR:
29.3 BINDING AUTHORITY.
Each person signing this Agreement on behalf of either party individually warrants that he
or she has full legal power to execute this Agreement on behalf of the party for whom he
or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
29.4 SEVERABILITY.
If any provision of this Agreement or application thereof to any person or situation shall
to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue
in full force and effect, and be enforced to the fullest extent permitted by law.
29.5 GOVERNING LAW.
The terms and conditions of this Agreement shall be governed by and interpreted under
the laws of the State of Florida. Venue for the purposes of any litigation arising out of
this agreement shall be in Palm Beach County, Florida.
29.6 EXTENT OF AGREEMENT.
This Agreement represents the entire and integrated agreement between CITY and TOW
CONTRACTOR and supersedes all prior negotiations, representations or agreements,
either written or oral.
eM8
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
CITY
BY:
City Manager
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , as City Manager of the City
of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use
and purposes mentioned in it, and that the instrument is his act and deed.
IN WITNESSf OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _ day of 2005.
NOTARY PUBLIC
My Commission Expires:
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WITNESSES:
TOW CONTRACTOR
BY:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , and acknowledged he/she
executed the foregoing Agreement for the use and purposes mentioned in it, and that the
instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _ day of 2005.
NOTARY PUBLIC
My Commission Expires:
CA~O