Agenda 09-19-06
The City of
Boynton Bea h
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
September 19,2006
Jerry Taylor
Mayor - At Large
Bob Ensler
Commissioner - District I
Mack McCray
Commissioner - District II
Mike Ferguson
Commissioner - District III
Carl McKoy
Vice Mayor - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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GENERAL RULES a. 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. "
· 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
September 19, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. William Stomski & Student - St. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
1. Second Budget Public Hearing for Fiscal Year 2006/07 Budget
2.
Proposed Resolution No. R06-155
Rate for Fiscal Year 2006/07
Re: Adopting the Final Millage
3.
Proposed Resolution No. R06-156
for Fiscal Year 2006/07
Re: Adopting the Final Budget
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY a. SPECIAL EVENTS, a. PRESENTATIONS:
A. Announcements:
1. South Florida Water Management District awards grants in the amount of
$687,800 to the City for the installation and development of alternative
water supplies.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
a. National Geographic System (GIS) Day - Nov. 15, 2006
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
September 19,2006
2. Presentation of Citation to Valorie Moats, for her work on behalf of the
Delta Demons, the City's adopted military troop.
3. Presentation by FDOT of the South Florida East Coast Corridor Transit
Analysis Study - Brief overview of project, a status report and key
findings.
4. Proposed Resolution No. R06-157 Re: Providing for
the issuance of $20,000,000 principal amount of Public Service Tax
Revenue Bonds, Series 2006 in order to finance capital expenditures
related to recreation and public safety facilities of the City.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City CommiSSion>
V. ADMINISTRATIVE:
A. Accept resignation of Marlene Ross, Regular member of the Education & Youth
Advisory Board.
B. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3)
Ensler Cemetery Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Code Compliance Board Alt 1 yr term to 4/07 Tabled (3)
IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
I Ensler Community Relations Board Reg 3 yr term to 4/08 Tabled (2)
II McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Golf Course Advisory Committee Alt 5 yr term to 6/11 Tabled (3)
IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Library Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Planning and Development Alt 1 yr term to 4/07
I Ensler Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Recreation & Parks Board Reg 3 yr term to 4/07
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
September 19,2006
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Conference - September 1, 2006
2. Regular City Commission - September 6, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Award Bid #044-2821-06jOD, "WEST WATER TREATMENT PLANT
IMPROVEMENTS, PHASE IV" to Interstate Engineering Corp. and execute
a contract in the amount of $4,976,517, plus an owner's contingency of
10% in the amount of $497,651.70 for a total project budget
appropriation of $5,474,168.70. (Proposed Resolution No. R06-158)
2. Approve the piggyback of the Jacksonville Electric Authority (JEA) Bid
#WCS-123-00 with Insituform Technologies, Inc. for Cured-in-Place Pipe
and Lateral Cured-in-Place Pipelining at an estimated expenditure of
$100,622.50.
3. Approve a contract for Bid #054-2413-06jOD, CONSTRUCTION OF THE
INTRACOASTAL CLUBHOUSE PAVILION to Brang Construction Inc. of
Florida in the amount of $3,097,000 with a contingency of $309,700 for a
total expenditure of $3,406,700. (Proposed Resolution No. R06-159)
C. Resolutions:
1. Proposed Resolution No. R06-160 Re: Appointing the
Supervisor of Elections to handle and canvas the City's absentee ballots
and represent the Municipal Canvassing Board at the Logic & Accuracy
Testing.
2. Proposed Resolution No. R06-161 Re: Authorizing
the execution of an agreement with Palm Beach County for funding
reimbursement in the amount of $3,700 for the 2006 Heritage Festival.
3. (Intentionally left blank)
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
September 19,2006
4. Proposed Resolution No. R06-162 Re: Authorizing
the execution of Amendment No. 1 to Task Order U05-01, Jordan, Jones
& Goulding, Inc. (JJG) in the amount of $197,844 for construction
administration, management and field inspection for the West Water
Treatment Plant (WWTP) Improvements, Phase IV.
5. Proposed Resolution No. R06-163 Re: Approving the
roadway name change of N.E.jN.W. 22nd Avenue, from U.S. Highway
One (Federal Highway) westward to Jog Road to be known as Gateway
Boulevard.
6. Proposed Resolution No. R06-164 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Robert & Grace Luppino for the property at 1046 Florence
Road, Lake Worth, FL (Hypoluxo Ridge Lot 61)
7. Proposed Resolution No. R06-165 RE: Approving and
authorizing execution and payment of an annual service agreement
between Motorola and the City of Boynton Beach in the amount of
$128,219.16, to provide 24 hour repairs for dispatch service, technical
support service, network monitoring services, infrastructure repair with
advanced replacement service, onsite response service - Premier Option,
and microwave services.
D. Approval of FY 2006/2007 pay plan and a 5% market adjustment for general
employees as recommended by MGT of America.
E. Accept the Special Warranty Deed from Compson Associates of Boynton II, LLC,
for additional roadway right-of-way along the south side of Gateway Boulevard
to provide for turn lanes into the Renaissance Commons development along its
north boundary line.
F. Accept the Limited Access Easement from Compson Associates of Boynton II,
LLC, for additional roadway right-of-way access control along the south side of
Gateway Boulevard in providing for turn lanes into the Renaissance Commons
development along its north boundary line.
G. Approve the release of a Performance Bond in the amount of $102,042.60
posted by D. R. Horton in connection with the Serrano PUD development.
H. Authorize the Financial Service Department to reduce the Allowance for
Uncollectible Accounts by $34,247.54 in the Sanitation Fund and by $17,445.50
in the General Fund.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
September 19,2006
1. Approve the extension and renewal for the 2006-2007 Premium Year Property &
Casualty Insurance Program in the amount of $2,062,615.
J. Approve the release of a cash surety in the amount of $500 to Theodore Ryan
for excavation and fill work completed at the SW corner of NE 10th Avenue and
N E 7th Street.
K. Approve the release of a cash surety in the amount of $500 to Teresa Paredes
for excavation and fill work completed at 1500 NE 4th Street.
L. Approve the release of a cash surety in the amount of $3,050 to D.R. Horton
Homes in connection with the Parkside Townhomes.
M. Approve the release of a Performance Bond in the amount of $137,500 to D. R.
Horton Homes in connection with the Parkside Townhomes.
N. Approve the release of a Letter of Credit in the amount of $86,669 to D. R.
Horton Homes in connection with the Parkside Townhomes.
O. Approve the release of a Letter of Credit in the amount of $60,940 to D. R.
Horton Homes in connection with the San Savino PUD.
P. Approve the use of $2,500 from Commissioner Ensler's Community Investment
Fund towards the construction of a base for the monument donated by
Commissioner Ensler on the City traffic circle across from the American Legion
Hall Post 164, 571 W. Ocean Avenue, Boynton Beach.
Q. Approve the use of $2,000 from Vice Mayor McKoy's Community Investment
Fund for MAD DADS of Greater Boynton Beach, Inc. to provide additional
resources (financial, office space, etc.) for their Children and Youth Division.
R. Approve the use of $2,000 of Commissioner McCray's Community Investment
funds for the Lena Rahming/Maude Ford Lee Scholarship Fund.
VII. CODE COMPLIANCE a. 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
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Owners:
Location:
Description:
September 19,2006
Red Lobster (NWSP 06-018)
Linda Nunn
GMRI, Inc. (Neil Terwilliger)
Out Lot #3 @ Boynton Town Center, approximately 450 feet
north of the northeast corner of Congress Avenue and Old
Boynton Road
Request for new site plan approval to construct a 7,010 square
foot restaurant and related site improvements on Out Lot #3 of
the Boynton Town Center site. (Applicant requests
withdrawal of item for public hearing until October 3,
2006)
Smokey Bones (NWSP 06-019)
Linda Nunn
GMRI, Inc. (Neil Terwilliger)
Out Lot #1 @ Boynton Town Center, northeast corner of
Congress Avenue and Old Boynton Road
Request for new site plan approval to construct a 6,436 square
foot restaurant and related site improvements on Out Lot #1 of
the Boynton Town Center site. (Applicant requests
withdrawal of item for public hearing until October 3,
2006)
Boynton Village Condo Parcel- WR 1 (COUS 06-007)
Carl Klepper, Compson & Associates
1950 Congress Avenue LLC
Northeast corner of Old Boynton Road and Congress Avenue, just
south of the Boynton C-16 Canal
Request for conditional use/major site plan modification approval
to increase maximum building height from 65'-1" to 75' by the
addition of a sixth (6th) floor to the previously-approved five-story
condominium buildings, including an increase in total
condominium units from 376 to 440 units (64 additional units) on
an 8.968-acre portion of the 106.5-acre Boynton Village and Town
Center site.
IX. CITY MANAGER'S REPORT:
A. Discuss feasibility/cost analysis of Saturday hours for Building Division
X. FUTURE AGENDA ITEMS:
A. Schedule of all development fees and when payment is due (October 3,2006)
B. Amendment to the Art in Public Places Ordinance (October 3, 2006)
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
September 19,2006
C. Addition of requirements over and above State requirements for board members
to recuse themselves (October 3,2006)
D. Heritage Festival update (October 17, 2006)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. (Intentionally left blank)
2. Proposed Ordinance No. 06-078 Re: Establishing a policy
for naming City facilities within the City of Boynton Beach, providing for
the appointment of a committee to act in an advisory role to the City
Commission on the naming of City facilities.
3. Proposed Ordinance No. 06-079 Re: Amending Chapter
18, Article II, Division 4 to amend Section 18-111 entitled "Normal
Retirement" to clarify the intent with respect to issuance of a
supplemental benefit (13th check).
4. Proposed Ordinance No. 06-080 Re: Amending Chapter 2,
Administration, of the Code of Ordinances to add a new Article XV; Small
and Minority Business Enterprises; establishing a program to assist small
and minority business enterprises in competing for and being awarded
City contracts; establishing procedures for designation of small and
minority business enterprise status; authorizing administrative action to
implement, administer and monitor program goals.
D. Resolutions:
None
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
September 19,2006
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAnER CONSIDERED AT THIS
MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA
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I RESOLUTION R06-
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ADOPTING A FINAL MILLAGE RATE OF
5 7.1 MILLS FOR THE CITY'S GENERAL OPERATING
6 FUNDS FOR THE FISCAL YEAR BEGINNING
7 OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007;
8 PROVIDING THAT THE FINAL MILLAGE RATE OF
9 7.1 MILLS IS 21.05% PERCENT ABOVE THE
10 COMPUTED ROLLED-BACK RATE; PROVIDING FOR
II SEVERABILITY, CONFLICTS AND AN EFFECTIVE
12 DATE.
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14 WHEREAS, a Final Budget has been reviewed and considered by the City
15 Commission of the City of Boynton Beach, Florida, for the ensuing year, with detailed
16 information, including revenues to be derived from sources other than ad valorem levy, and
17 the City Manager has made recommendations as to the amount necessary to be appropriated
18 for the ensuing year; and
19 WHEREAS, the City Commission has given notice of and has conducted the public
20 hearings required by law and has considered the recommendations of staff and comments of
21 the public, the suggested budget, and the proposed millage necessary to be levied to carry on
22 the government of the city for the ensuing year
23 NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA:
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Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
Section 2.
That the final millage rate necessary to be levied against ad valorem
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29 valuation of property subject to taxation in the City of Boynton Beach, Florida, to produce a
30 sufficient sum which together with departmental and other revenues will be sufficient to pay
S:\CAIRESO\Budget\2006-07 Budget\Final Millage 2006.docl
for appropriations made in the budget for the Fiscal Year beginning October 1, 2006, and
2 ending September 30, 2007, is hereby set at 7.1000 mills plus 0.0400 for Voted Debt Service
3 for a total Final Millage rate of7.1400.
4 Section 3. The Final Millage rate of 7.1 mills is 21.05% above the computed
5 rolled-back rate.
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Section 4.
If any clause, section or other part of this Resolution shall be held by
7 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
8 or invalid part shall be considered as eliminated and shall in no way affect the validity of the
9 remaining portions of this Resolution.
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Section 5.
All resolutions or parts of resolutions in conflict herewith are hereby
11 repealed to the extent of such conflict.
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Section 6.
This Resolution shall become effective immediately upon passage.
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FIRST READING, this _ day of September, 2006.
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CITY OF BOYNTON BEACH, FLORIDA
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Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner Robert Ensler
Commissioner - Mack McCray
ATTEST:
Commissioner - Muir C. Ferguson
City Clerk
(Corporate Seal)
S:ICA IRESO\Budget\2006-07 BudgetlFinal Millage 2006doc2
1 RESOLUTION 06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ADOPTING A FINAL BUDGET FOR THE
5 FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND
6 ENDING SEPTEMBER 30, 2007; DETERMINING AND
7 FIXING THE AMOUNTS NECESSARY TO CARRY ON
8 THE GOVERNMENT OF THE CITY FOR THE
9 ENSUING YEAR; PROVIDING FOR SEVERABILITY,
10 CONFLICTS, AND AN EFFECTIVE DATE.
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12 WHEREAS, a final budget has been prepared by the City Manager estimating
13 expenditures and revenues of the City for the ensuing year, with detailed information,
14 including revenues to be derived from sources other than ad valorem levy, and she has made
15 recommendations as to the amount necessary to be appropriated for the ensuing year; and
16 WHEREAS, the City Commission has given notice of and has conducted the public
17 hearings required by law and has considered the recommendations of staff and comments of
18 the public, the suggested budget, and the proposed millage necessary to be levied to carry on
19 the government of the city for the ensuing year;
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
23 true and correct and are hereby made a specific part of this Resolution upon adoption hereof
24 Section 2. That the final budget of the City of Boynton Beach, Florida, for the
25 fiscal year beginning October 1, 2006, and ending September 30, 2007, is hereby adopted
26 and the appropriations set out therein are hereby made to maintain and carry on the
27 government of the City of Boynton Beach, Florida. There is hereby appropriated the sum of
28 $72.340.414.00 to the General Fund for the payment of operating expenses and necessary
29 capital outlays for the City Government pursuant to the terms of the above budget.
30 Section 3. That there is hereby appropriated the sum of $227,517.00 to the
31 interest and sinking fund for the general debt service for the purpose of paying the interest,
32 principal and reserve due on the general obligation bonds of the City not subject to statutory
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exemptions and for redeeming such bonds as they mature.
2 Section 4. That there is hereby appropriated the sum of $30,236,186.00 to the
3 Capital Improvement Fund for the payment of capital outlays pursuant to the tenns of the
4 above budget.
5 Section 5. That there is hereby appropriated the sum of $8,395,255.00 to the
6 Solid Waste Fund for the payment of operating expenses and necessary capital outlays.
7 Section 6. That there is hereby appropriated the sum of $2,741,826.00 to the
8 Golf Course Revenue Fund for operating expenses and necessary capital outlays.
9 Section 7. That there is hereby appropriated the sum of $7,185,972.00 to the
10 Fleet Maintenance Fund for the payment of operating expenses and necessary capital
11 outlays.
12 Section 8. That there is hereby appropriated the sum of $1,776,000.00 to the
13 local Option Gas Tax Fund for the payment of operating expenses and necessary capital
14 outlays.
15 Section 9. That there is hereby appropriated the sum of $26,533,761.00 to the
16 Water and Sewer Utility Fund for operating expenses and necessary capital outlay.
17 Section 10. That there is hereby appropriated the sum of $3,740,407.00 to the
18 Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and
19 Sewer Revenue Bonds, the sum of $119,850.00 for renewal and replacement and
20 amortization of its Revenue Bond discounts, for a total of$30,394,018.00.
21 Section 11. That there is hereby appropriated the sum of $276,059.00 to the
22 Warehouse Fund for the payment of operating expenses and necessary capital outlays.
23 Section 12. That there is hereby appropriated the sum of $459,500.00 to Cemetery
24 Fund for the payment of operating expenses and necessary capital outlays.
25 Section 13. That there is hereby appropriated the sum of $4,414,360.00 to the
26 interest and sinking fund for general debt service for the purpose of paying the interest,
27 principal and reserve due on the public service tax bonds of the City not subject to statutory
28 exemptions and for redeeming such bonds as they mature.
29 Section 14. That there is hereby appropriated the sum of $3.234,243.00 to the
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Self-Insurance Fund for the payment of operating expenses.
2 Section 15. That there is hereby appropriated the sum of $277.151.00 to the Mass
3 Transit Fund for the payment of operating expenses and necessary capital outlays.
4 Section 16. That there is hereby appropriated the sum of $671.100.00 to the
5 Recreation Program Revenue Fund for the payment of operating expenses and necessary
6 capital outlays.
7 Section 17. That there is hereby appropriated the sum of $372.382.00 to the
8 Community Improvements Fund for the payment of operating expenses and necessary
9 capital outlays.
10 Section 18. That there is hereby appropriated the sum of $6,821.650.00 to the Fire
11 Assessment Fund for the payment of operating expenses and necessary capital outlays.
12 Section 19. That there is hereby appropriated the sum of $1.372,500.00 to the
13 Public Arts Fund for the payment of operating expenses and necessary capital outlays.
14 Section 20. All delinquent taxes collected during the ensuing fiscal year as
15 proceeds from levies of operation millages of prior years are hereby specifically
16 appropriated for the use of the General Fund.
17 Section 21. If any clause, section or other part of this Resolution shall be held 'by
18 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
19 or invalid part shall be considered as eliminated and shall in no way affect the validity of the
20 remaining portions of this Resolution.
21 Section 22. If any clause, section or other part of this Resolution shall be held by
22 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
23 or invalid part shall be considered as eliminated and shall in no way affect the validity of the
24 remaining portions of this Resolution.
25 Section 23. All Resolution or parts of Resolution in conflict herewith are hereby
26 repealed to the extent of such conflict.
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PASSED AND ADOPTED this ___ day of September, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ Jerry Taylor
Vice Mayor Carl McKoy
Commissioner - Robert Ensler
Commissioner ~ Mack McCray
Commissioner -- Muir C. Ferguson
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RESO\Budget\2006-07 Budget\Final Budget Sept 2006.doc
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lII.-ANNOUNCEMENTS &. PRESENTATIONS
Item A.I
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
D August 1,2006 July 17,2006 (Noon.) D
D August 15, 2006 July31,2006 (Noon) D
D September 6, 2006 August 14,2006 (Noon) D
rgj September 19,2006 September 5,2006 (Noon) D
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
October 3, 2006 September 18, 2006 (Noon)
October 17,2006 October 2,2006 (Noon)
November 8, 2006 October 16,2006 (Noon)
~) _T~-!
November 21, 2006
November 6, 2006 (Noo:?J;
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City Manager's Report co
New Business '"'0
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.... ....-
t::}J
rgj AnnouncementslPresentations D
NATURE OF D Administrative D
AGENDA ITEM D Consent Agenda D
D Code Compliance & Legal Settlements D
D Public Hearing D
_.,r' __~
\~j
'C'1 __,.."
Legal
Unfinished Business
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--:ico
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PI C"J
RECOMMENDA nON: To inform the City Commission of the grant award money paid to the City for our
fulfillment of Alternative Water Supply (A WS) Grant Agreements with the South Florida Water Management
District (SFWMD). The value of this Presentation is $522,800.00 and the total value of all 2006 SFWMD A WS
grant payments to the City is $687,800.00.
EXPLANA TION: As part of the City's commitment and demonstration of stewardship of our environment, the
City partnered with the SFWMD to search for and utilize Alternative Water Supplies. This specific effort has
culminated with the completion of the City's second Aquifer Storage and Recovery Well (ASR-2) and our first
Floridan Aquifer dual-zone monitoring well.
PROGRAM IMPACT: Continue to fulfill the City's commitment to safeguarding our environment and to
demonstrate leadership within our local communities and to other Municipalities. Both the ASR-2 and in a
supporting role our Floridan Aquifer dual-zone monitoring well will help the City in meeting our goals as we
plan for and implement our water supply program. Specifically, ASR2 will more than double the City's ability to
store treated water underground during the "wet" season and to easily recover it during the "dry" season.
FISCAL IMPACT:
Grant No. Alternative Water SUDDlv Amount
DG040186 ASR-2 $300,000.00
DG061149 ASR-2 $222,800.00
SUB TOTAL: $522,800.00
Additionally, the City has previously invoiced the SFWMD for $165,000.00 under Grant No. DG061148
bringing the total Alternative Water Supply grant reimbursement for 2006 to $687,800.00
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNATIV~
~. 25~~r-
Kofi Boateng
Utilities Director
Utilities
Department Name
bc: Kofi Boateng, Utilities Director
~ete Mazzella, Deputy Utilities Director
Chris Roschek, Manager Engineering Division
~aul Fleming, Sr. Project Manager
Barb Conboy, Manager Utilities Admin/Finance
PMT File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
Assistant to City Manager
C/JtL-:
City Attorney / Finance
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August I, 2006 July] 7, 2006 (Noon) D October 3, 2006 September 18,2006 (Noon)
D August] 5,2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon)
[8J September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
[8J Announcements/Presentations
o Administrative
D Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
o City Manager's Report
D New Business
D Legal
D Unfinished Business
D
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RECOMMENDATION: Permit presentation
-,.,cn
--;'"Tl
EXPLANATION: The week of November 13-17,2006, is National Geographic Awareness Week while National c~ C)}>
Geographic System (GIS) Day is observed on November 15, GIS is a rapidly growing technological field that incorP~~ater('")
graphical features with tabular data in order to assess real-world problems. What is now the GIS field began around 1960,
with the discovery that maps could be programmed using simple code and then stored in a computer allowing for future
modification when necessary. Geographic Information Systems technology is utilized to resolve issues in government,
education and science, environmental management and national resources.
PROGRAM IMPACT: Presentation of this Proclamation will heighten awareness of the importance of GIS.
FISCAL IMPACT: None
AL TERNA TIVES: Not present Proclamation
M~~. 7Y1 ~~
DepartmenUlead' Ignature
City Manager's Signature
Assistant to City Manager CInf--.
Public Affairs
Department Name
City Attorney / Finance
S\BULLET!N\FORMS\AGENDA ITEM REQUEST FORM.DOC
Proclamation
Whereas, the City of Boynton Beach is extending and expanding invitations
to schools and the general public to increase the understanding of
Geographic Information Systems Technology.
Whereas, National Geographic Awareness Week is November 13 -17,
2006.
Whereas, National Geographic Information System (GIS) Day is November
15, 2006.
Whereas, the first GIS day was in November 1999, and was created to
promote geographic information systems technology towards educating
schools, general public, and organizations in order to showcase the
importance of the technology.
Whereas, Geographic Information Systems technology is utilized to resolve
issues in Government, Education and Science, Environmental
Management, and National Resources.
Whereas, the City of Boynton Beach is committed to this year's GIS theme
"Discovering the World through GIS" in order to showcase GIS applications
to Schools, Organizations, and the General Public.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me
as Mayor of the City of Boynton Beach, Florida, hereby proclaim November
15, 2006, as:
National Geographic Information System Day
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, the 19th day of September, Two Thousand Six.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.:l
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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 August 1,2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
[ZJ September ]9,2006 September 5, 2006 (Noon) 0 November 2], 2006 November 6, 2006 (Noon)
~- -:.)
[ZJ AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Present Citation
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EXPLANA TJON: Valorie Moats, a City employee, has been recognized by the U.S. Army for her work on behalf of the
Delta Demons, the City's adopted military troop. Valorie stepped to the forefront to act as an organizer and liaison when the
City Commission reaffirmed the City's adoption of the troop in 2003. She has spent countless hours fundraising and preparing
care packages for the troop in an effort to help boost morale. Her actions have brought honor to the City.
PROGRAM IMPACT: Will reaffirm how the actions of one person can make a difference in the community.
FISCAL IMPACT: None
AL TERNA TlVES: Not present Citation
V/~""h?2 ~4t~
Departm Head's gnatur
Assistant to City Manager
Public Affairs
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
VafwtU ~
Boynton Beach is fortunate to have many citizens who take an active role in their
city and who are committed to improving the quality of life for everyone that lives,
works, plays and learns here. These people offer their time and talent with no
expectation of reward other than the satisfaction of knowing they have made a
valuable contribution to the community. One such person is Valorie Moats.
When the Cit~ Commission reaffirmed the City's support of Company 0, 2nd
Battalion, 32i Infantry Regiment of the 1015t Airborne Division Air Assault - the
Delta Demons - Valorie stepped to the forefront to accept the responsibility of
representing the community in support of the troops. Her tireless fund raising and
care packages provide constant support and reinforcement that boosts the morale
of the Delta Demons. For her efforts, she was recognized with "The Commander's
Certificate," signed by Major General Thomas R. Turner, U.S. Army. This
represents a milestone for Valorie and an achievement for the City of Boynton
Beach.
Almost all of Valorie's work on this project has been performed on her own time.
However, she also solicits contributions for this worthy cause at City functions and
actively participates in other City-sponsored charities.
Now, therefore, I Jerry Taylor, by virtue of the authority vested in me as Mayor of
the City of Boynton Beach, Florida, recognize with this Citation
Valorie Moats
for her many valuable contributions on behalf of the citizens of Boynton Beach.
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, the 19th day
of September, Two Thousand and six.
Gerald Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
{ll._ANNOUNCEMEN1S & PRESENTA110NS
Item C.3
..n........_."_,,_.
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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
~ ~ ~ ~
0 August 1,2006 Ju\y \7,2006 (Noon.) 0 October 3, 2006 September \8, 2006 (Noon)
0 August \5,2006 July 3\, 2006 (Noon) 0 October \7, 2006 ~tober2,2006 (Noon)
0 September 6, 2006 Augu~ \4,2006 (Noon) 0 November 8, 2006 ~tober \6,2006 (Noon)
0 September \9,2006 September 5,2006 (Noon) 0 November 2\, 2006 November 6, 2006 (Noon)
0 AnnouncementsfPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Allow preseotation by FOOT of the South Florida East Coast Corridor Tran.it Analysi. study.
Tbe pre.entation will be a brief overview of the project, a .tama report and key rmdingo.
EXPLANA nON: The South Florida East Coast Corridor (SFECC) Trao.it Analy.i. Study i. .tudying bow to beSt develop
bigb perronnance pas.enger tran.it ..,-vice within the 8s-mile .tudy couidor that exteoda from Downtown Miami to Teque.ta
and approximately one mUe on either .ide of the Florida East Coast railway (FIlCR) right-of-way. Thi. corridor aerv"
nwnerou, exiating and planned tran.it ayatem bubo and activity centera including the tluee major aeaports, international
airports, State and Private univer.iti.. as well as downtOwna and employment deatination.. The Federal Tran.it
AdminIstration (FT A) and National Environmental PoliCY Act (!lEP A) proce.... are being followed, meaning that reaaonable
"an.it alternatIve. (alignments and tecbnologie.) withIn the atudy corridor are being identified and evaluated. The objective
of the .tudy i. to expedite "an.it development in the corridor througb envtromuental streamlining and a tiered environmental
deci.ion making proce.., allowtng for _Iution and docwnentation of key i..u...
The Florida Department of Tran.portation (FOOT) m."ict 4 i. the lead agenCY managing tbe atudy. Collaboration on thi.
effort inclnde. the tbree MFO. (Broward, Miami-Dade and pabn BeaCh), the three countie. Tran.it Agenc;.' and the South
Florida Regional Transportation Authority (SFRT A).
Study activiti.. bave included .ignificant data collection, origiu-deatinatiou and on-board "an.it .urvey., "avel demand
modeling, preparation of a comprehen.ive Advance Notification package, development of a project web.ite, aeveral NEP A
activiti.. (i.e., as.e..ment of exiating condition., alfected envtromuent. cuUnral resources and development of a oraII
Programmatic Envirownerrtal Impact Statement) and numerou. public involvement activiti...
PROGRAM IMP ACT: No .pecific actinu i. reque.ted at thi. time, therefore there i. no program impact to the City.
FISCAL IMP ACT: The .ubject project i. a Tiered Euviromuental Impact Statemen~ which means tha~ during thl. fuat
phase (tier) ofthe atudy, ayatema-Ievel analyae. are belug perfonned and overall project feasIbility i. being as.e..ed. Traffic,
uoi.e, land-u'c, enviromuental and nther local impaeta wtll be atudied in greater detail during TIer 2 of the atudy and fuca
impacts will be estimated at that time.
City Attorney / Finance
Department Name
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.4
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 August], 2006 Ju]y 17, 2006 (Noon.) D
D August ]5,2006 July 3], 2006 (Noon) D
D September 6, 2006 August ]4,2006 (Noon) D
[8J September ]9, 2006 September 5,2006 (Noon) D
Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office
October 3, 2006 September ]8,2006 (Noon)
October ] 7, 2006
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October 2, 2006 (Noon)
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November 8, 2006
October ]6,2006 (N<X{IJJ\
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November 2], 2006
November 6, 2006 (No~~
--ry
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NATURE OF
AGENDA ITEM
D
D
D
D
D
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
D
D
[8J
D
D
City Manager's Report
New Business
Legal
Unfinished Business
~
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RECOMMENDATION: Approve Resolution authorizing the issuance by the City of $20,000,000 principal amount of
Public Service Tax Revenue Bonds, Series 2006, to fmance capital expenditures related to recreation and public safety
facilities of the City.
EXPLANATION: In the City Commission's discussion of the CIP Fund on February 28, 2006, the Commission gave
conceptual approval for a non-referendum bond issue of $20 million. The bond proceeds from this issue have been estimated
as a 2005/06 funding source in the proposed 2006/07 CIP Fund. These funds will be used towards the Wilson Park Project,
Intracoastal Park Project, and to supplement the costs of the Fire SafetylEOC complex on Gateway Blvd/High Ridge Road.
The Public Service Tax Fund has sufficient revenues to support the projected debt service for this proposed bond issue.
PROGRAM IMPACT: Without the bond issue funds, projects would have to be scaled back, delayed or deleted from the
City's Capital Projects list.
FISCAL IMPACT: The projected 2006/07 ending fund balance in the proposed 2006/07 CIP Fund budget is ahnost $14.3
million, inclusive of the $20 million bond proceeds. If the bonds are not issued, the fund will have a deficit fund balance of
($5.7 million).
AL TERNA TIVES: Not move forward with Bond Issue and scale back on projects or delay projects until funding becomes
available.
~~.~
h n fiK\ C to.) ..:5tA-\11 US
Department Name
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA PROVIDING FOR
5 THE ISSUANCE OF NOT TO EXCEED $20,000,000
6 PRINCIPAL AMOUNT OF PUBLIC SERVICE TAX
7 REVENUE BONDS, SERIES 2006 IN ORDER TO FINANCE
8 CAPITAL EXPENDITURES RELATED TO RECREATION
9 AND PUBLIC SAFETY FACILITIES OF THE CITY;
10 PROVIDING A METHOD FOR FIXING AND
11 DETERMINING THE PRINCIPAL AMOUNT, INTEREST
12 RATES, MATURITY DATES, REDEMPTION PROVISIONS
13 AND OTHER DETAILS OF SAID BONDS; AUTHORIZING
14 CITY OFFICIALS TO AWARD THE SALE OFTHE BONDS
15 AND EXECUTE A BOND PURCHASE CONTRACT AND
16 MAKING CERTAIN FINDINGS IN CONNECTION
17 THEREWITH; APPOINTING A PAYING AGENT AND
18 REGISTRAR FOR THE BONDS; APPROVING THE FORM
19 AND USE OF A PRELIMINARY OFFICIAL STATEMENT
20 AND AUTHORIZING THE EXECUTION AND DELIVERY
21 OF A FINAL OFFICIAL STATEMENT; AUTHORIZING
22 THE PURCHASE OF A MUNICIPAL BOND INSURANCE
23 POLICY AND DEBT SERVICE RESERVE SURETY BOND
24 FOR THE BONDS AND MAKING CERTAIN COVENANTS
25 IN CONNECTION THEREWITH; PROVIDING FOR THE
26 APPLICATION OF THE PROCEEDS OF SAID BONDS
27 AND CERTAIN OTHER MONEYS; CONTAINING
28 CERTAIN AUTHORIZATIONS AND OTHER
29 PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
30
31
32 WHEREAS, pursuant to Resolution No. R04-052 adopted by the City Commission ofthe
33 City of Boynton Beach, Florida (the "Issuer") on April 7, 2004 (the "Bond Resolution")
34 obligations of the Issuer may be issued and may be secured by a lien upon and pledge of certain
35 "Pledged Funds" as defined in and to the extent set forth in the Bond Resolution; and
36
37 WHEREAS, the Issuer desires to issue Bonds (the "Series 2006 Bonds") under the Bond
38 Resolution to provide funds to pay capital expenditures of recreation and public safety facilities
39 for the Issuer (as further described herein, the "2006 Project") and to pay certain costs of issuing
40 such Series 2006 Bonds; and
41
42 WHEREAS, the Issuer has received from Raymond James & Associates, Inc.(the
43 "Underwriter") an offer to purchase the Series 2006 Bonds, and the Issuer has determined that the
44 authorization of the acceptance of such offer is in the best interests ofthe Issuer; and
45
- 1 -
1 WHEREAS, it is necessary and desirable to appoint u.s. Bank National Association as
2 Paying Agent and Registrar for such Series 2006 Bonds;
3
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH:
6
7 Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the
8 Constitution and laws ofthe State of Florida and the Bond Resolution.
9
10 Section 2. Definitions; Continuing Disclosure.
11
12 (a) Terms used herein in capitalized form and not otherwise defined herein shall have the
13 meanings ascribed thereto in the Bond Resolution. "Insurer," as to the Series 2006 Bonds, means
14 MBIA Insurance Corporation.
15
16 (b) The provisions of Section 5.15 ofthe Bond Resolution shall apply to the Series 2006 Bonds to
17 the same extent as if each reference to the Series 2004 Bonds therein were instead a reference to
18 the Series 2006 Bonds.
19
20 Section 3. Authorization. Description and Terms of Series 2006 Bonds. A Series of Bonds
21 entitled to the benefit, protection and security of this Resolution and the Bond Resolution is
22 hereby authorized in an aggregate principal amount not to exceed $20,000,000 for the principal
23 purpose of paying the cost ofthe 2006 Project. Such Series shall be designated as, and shall be
24 distinguished from the Bonds of all other Series by the title "City of Boynton Beach, Florida,
25 Public Service Tax Revenue Bonds, Series 2006." The Series 2006 Bonds shall not be issued
26 except in compliance with the Bond Resolution, including Section 5.02 thereof.
27
28 The Series 2006 Bonds shall be issued as fully registered Bonds; shall be numbered
29 consecutively from one upward in order of maturity preceded by the letter R; shall be in
30 denominations of $5,000 and integral multiples thereof, shall be dated, shall be issued in the
31 aggregate principal amounts, shall bear interest at the rates per annum, computed on the basis of a
32 360-day year consisting of twelve thirty (30) day months, payable semi-annually on the 1st day of
33 May and November of each year (the "Interest Payment Dates"), commencing May 1,2007, shall
34 have such redemption provisions and shall mature on November 1 of the years and in the
35 amounts, as set forth in a certificate in the form attached hereto as Exhibit A signed by the Mayor
36 or Vice-Mayor, and in the absence of the Mayor or Vice-Mayor, any other member of the City
37 Commission or the City Manager, provided, however, that the arbitrage yield on the Series 2006
38 Bonds, as calculated for purposes of the Code, shall not exceed 5.50%. The Mayor or the Vice-
39 Mayor, and in the absence of the Mayor or Vice-Mayor, any other member of the City
40 Commission or the City Manager are jointly and severally authorized to determine the details of
41 the Series 2006 Bonds within the parameters set forth above, and upon such determination, to
42 execute a certificate in the form attached hereto as Exhibit A completed with the details of the
43 Series 2006 Bonds, thereby establishing such details.
44
- 2 -
1 The principal of and premium, if applicable, on the Series 2006 Bonds are payable when
2 due upon presentation and surrender of the Series 2006 Bonds at the office of the Paying Agent.
3 Interest payable on any Series 2006 Bond on any Interest Payment Date will be paid by check or
4 draft ofthe Paying Agent mailed on the Interest Payment Date to the Holder in whose name such
5 Bond shall be registered at the close of business on the 15th day (whether or not a Business Day)
6 of the calendar month next preceding such Interest Payment Date, or, unless otherwise provided
7 by Supplemental Resolution, at the written request and expense of any Holder of at least $500,000
8 in principal amount of Series 2006 Bonds (or of all Series 2006 Bonds ifless than $500,000 shall
9 be unpaid), by bank wire transfer for the account of such Holder. In the event the interest payable
lOon any Series 2006 Bond is not punctually paid or duly provided for by the Issuer on such Interest
11 Payment Date, such defaulted interest will be paid to the Holder in whose name such Bond shall
12 be registered at the close of business on a special record date for the payment of such defaulted
13 interest as established by notice sent by the Issuer to such Holder not less than ten (l0) days
14 preceding such special record date.
15
16 All payments of principal of, premium, if any, and interest on the Series 2006 Bonds shall
17 be payable in any coin or currency ofthe United States of America which at the time of payment
18 is legal tender for the payment of public and private debts.
19
20 Section 4. Paying Agent and Registrar for Series 2006 Bonds. The Issuer hereby appoints
21 U.S. Bank National Association as the Paying Agent and Registrar with respect to the Series 2006
22 Bonds, and authorizes the Mayor or Vice-Mayor, and in the absence of the Mayor or Vice-Mayor,
23 any other member of the City Commission or the City Manager to execute a paying agent and
24 registrar agreement between U.S. Bank National Association and the Issuer.
25
26 Section 5. Award of the Series 2006 Bonds. The Issuer hereby determines that a
27 negotiated sale of the Series 2006 Bonds is in the best interest of the Issuer and the citizens and
28 inhabitants of the Issuer by reason of the volatility of the market for tax-exempt bonds.
29
30 Attached hereto as Exhibit B is a draft form of Bond Purchase Contract (the ABond
31 Purchase Contract@) between the Issuer and Raymond James & Associates, Inc. (the "Original
32 Purchaser"). Prior to execution of the Bond Purchase Contract, the Original Purchaser shall file
33 with the Issuer the disclosures required by Section 218.385, Florida Statutes and competitive
34 bidding for the Series 2006 Bonds is hereby waived pursuant to the authority of Section 218.385,
35 Florida Statutes.
36
37 Upon establishment of the terms of the Series 2006 Bonds, as described in Section 2.02
38 hereof, the Mayor or the Vice-Mayor, or in the absence of the Mayor or Vice-Mayor, any other
39 member of the City Commission or the City Manager, are, jointly and severally, authorized to
40 award the Series 2006 Bonds to the Original Purchaser, provided that the underwriting discount
41 shall not exceed 0.50% of the principal amount of the Series 2006 Bonds. The Issuer approves
42 the form ofthe Bond Purchase Contract, and upon award ofthe Series 2006 Bonds, the Mayor or
43 Vice-Mayor or in the absence of the Mayor or Vice-Mayor, any other member of the City
44 Commission or the City Manager, are hereby jointly and severally authorized and directed for and
45 in the name of the Issuer to execute and deliver the Bond Purchase Contract with such changes,
- 3 -
1 alterations or corrections thereto as shall be approved by the Mayor or Vice-Mayor or in the
2 absence of the Mayor or Vice-Mayor, any other member of the City Commission or the City
3 Manager, executing the same, such execution to constitute conclusive evidence of such approval.
4
5 Section 6. Official Statement for Series 2006 Bonds. The Issuer hereby approves the form
6 and content ofthe draft Preliminary Official Statement relating to the Series 2006 Bonds attached
7 hereto as Exhibit C, with such alterations as may be approved by the Mayor, the Vice-Mayor or
8 the City Manager, and authorizes its use in connection with the sale of the Series 2006 Bonds.
9 The Mayor, the Vice-Mayor or the City Manager are authorized to "deem final" the Preliminary
10 Official Statement for purposes of Securities and Exchange Commission Rule 15c2-12. The
11 preparation of a final Official Statement for the Series 2006 Bonds, which shall be in substantially
12 the form of the Preliminary Official Statement, changed to reflect the terms of the Series 2006
13 Bonds and with such other changes, alterations and corrections therein as may be approved by the
14 Mayor, the Vice-Mayor or City Manager, such approval to be conclusively established by such
15 execution, is hereby authorized, and upon preparation thereof, the Mayor, the Vice-Mayor or City
16 Manager are jointly and severally authorized and directed for and in the name of the Issuer to
17 execute and deliver the Official Statement, as hereby approved.
18
19 Section 7. Book Entry System for Series 2006 Bonds. The Series 2006 Bonds shall be
20 initially registered in the name of Cede & Co. ("Cede"), as nominee of The Depository Trust
21 Company ("DTC"). Beneficial owners of the Series 2006 Bonds will not receive physical
22 delivery of Series 2006 Bond certificates nor will they have a right to receive a certificate during
23 the period that the Series 2006 Bonds are immobilized in the custody of DTC.
24
25 Section 8. Application of Series 2006 Bond Proceeds. Proceeds from the sale ofthe Series
26 2006 Bonds, excluding the cost ofthe Bond Insurance Policy and Reserve Fund Insurance Policy
27 for the Series 2006 Bonds, which shall be paid by the Underwriter directly to the Insurer, shall be
28 deposited in the Series 2006 Account of the Construction Fund. The 2006 Project consists of
29 improvements to recreational facilities of the City and the construction and equipping of a new
30 building to house a headquarters for the City fire department, a fire station and an emergency
31 operations center for the City, or such other capital expenditures of the Issuer as shall be approved
32 from time to time by the City Commission and as are approved by Bond Counsel as eligible for
33 financing with the proceeds of tax-exempt obligations such as the Series 2006 Bonds.
34
35 Section 9. Municipal Bond Insurance Provisions. Notwithstanding any provision to the
36 contrary contained herein, the following provisions shall apply with respect to the Series 2006
37 onds and the Financial Guaranty Insurance Policy (herein, the "Policy") issued with respect
38 hereto by the Insurer:
39
40 ( a) In the event that, on the second Business Day, and again on the Business Day, prior to
41 y Interest Payment Date on the Series 2006 Bonds, the Paying Agent has not received sufficient
42 oneys to pay all principal of and interest on the Series 2006 Bonds due on the second following
43 r the following, as the case may be, Business Day, the Paying Agent shall promptly notifY the
44 surer or its designee (designated in writing to the Paying Agent) on the same Business Day by
-4-
1 telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the
2 deficiency.
3
4 (b) Ifthe deficiency is made up in whole or in part prior to or on the Interest Payment
5 Date, the Paying Agent shall promptly so notify the Insurer or its designee.
6
7 (c) In addition, if the Paying Agent has written notice that any Holder has been
8 required to disgorge any payment of principal or interest on any Series 2006 Bond pursuant to a
9 final judgment by a court of competent jurisdiction that such payment constitutes a voidable
10 preference to such Holder within the meaning of any applicable bankruptcy laws, then the Paying
11 Agent shall notify the Insurer or its designee (designated in writing to the Paying Agent) of such
12 fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail.
13
14 (d) The Paying Agent is hereby irrevocably designated, appointed, directed and
15 authorized to act as attorney-in-fact for Holders of the Series 2006 Bonds as follows:
16
17 1. If and to the extent there is a deficiency in amounts required to pay interest
18 on the Series 2006 Bonds, the Paying Agent shall (a) execute and deliver to U.S. Bank
19 Trust National Association, or its successors under the Policy (the "Insurance Paying
20 Agent"), in form satisfactory to the Insurance Paying Agent, an instrument appointing the
21 Insurer as agent for such Holders in any legal proceeding related to the payment of such
22 interest and an assignment to the Insurer of the claims for interest to which such
23 deficiency relates and which are paid by the Insurer, (b) receive as designee of the
24 respective Holders (and not as Paying Agent) in accordance with the tenor of the Policy
25 payment from the Insurance Paying Agent with respect to the claims for interest so
26 assigned and (c) disburse the same to such respective Holders; and
27
28 2. If and to the extent of a deficiency in amounts required to pay principal of
29 the Series 2006 Bonds, the Paying Agent shall (a) execute and deliver to the Insurance
30 Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing
31 the Insurer as agent for such Holder in any legal proceeding relating to the payment of
32 such principal and an assignment to the Insurer of any Series 2006 Bond surrendered to
33 the Insurance Paying Agent of so much of the principal amount thereof as has not
34 previously been paid or for which moneys are not held by the Paying Agent and available
35 for such payment (but such assignment shall be delivered only if payment from the
36 Insurance Paying Agent is received), (b) receive as designee of the respective Holders
37 (and not as Paying Agent) in accordance with the tenor of the Policy payment therefor
38 from the Insurance Paying Agent and (c) disburse the same to such Holders.
39
40 (e) Payments with respect to claims for interest on and principal of Series 2006 Bonds
41 disbursed by the Paying Agent from proceeds of the Policy shall not be considered to discharge
42 the obligation ofthe Issuer with respect to such Series 2006 Bonds, and the Insurer shall become
43 the holder of such unpaid Series 2006 Bonds and claims for the interest in accordance with the
44 tenor of the assignment made by it under the provisions of this subsection or othetwise.
45
- 5 -
1 (f) Irrespective of whether any such assignment is executed and delivered, the Issuer
2 agrees, and the Paying Agent by acceptance of the duties of Paying Agent hereunder agrees, for
3 the benefit of the Insurer that:
4
5 1. they recognize that to the extent the Insurer makes payments, directly or
6 indirectly (as by paying through the Paying Agent), on account of principal of or interest
7 on the Series 2006 Bonds, the Insurer will be subrogated to the rights of the Holders of
8 such Series 2006 Bonds to receive the amount of such principal and interest from the
9 Issuer, with interest thereon as provided and solely from the sources stated in the Bond
10 Resolution and the Series 2006 Bonds, and
11
12 2. they will accordingly pay to the Insurer the amount of such principal and
13 interest (including principal and interest recovered under subparagraph (ii) of the first
14 paragraph ofthe Policy, which principal and interest shall be deemed past due and not to
15 have been paid), with interest thereon as provided in the Bond Resolution and the Series
16 2006 Bonds, but only from the sources and in the manner provided herein and therein for
17 the payment of principal of and interest on the Series 2006 Bonds to the Holders, and will
18 otherwise treat the Insurer as the holder of such rights to the amount of such principal and
19 interest.
20
21 (g) The Issuer shall deliver to the Insurer a copy of the official statement or other
22 disclosure document, if any, circulated in connection with the issuance of any Additional Bonds.
23
24 (h) The Issuer shall deliver to Standard & Poor's a copy of any amendment to the Bond
25 Resolution or this Resolution which amendment has been consented to by the Insurer.
26
27 (i) The Issuer shall notify the Insurer of the resignation or removal of the Paying
28 Agent and the appointment of a successor thereto.
29
30 (j) The Issuer shall provide the Insurer with copies of all notices required to be
31 delivered to Holders of the Series 2006 Bonds and, on an annual basis, copies of the Issuer's
32 audited financial statements and annual budget.
33
34 (k) Any notice that is required to be given to an Holder or to the Paying Agent
35 pursuant to this Resolution shall also be provided to the Insurer. All notices required to be given
36 to the Insurer pursuant to this Resolution shall be in writing and shall be sent by registered or
37 certified mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk, New York
38 10504, Attention: Surveillance.
39
40 (1) The Issuer agrees to reimburse the Insurer immediately and unconditionally upon
41 demand, to the extent permitted by law, and only from Pledged Funds available for such purpose,
42 for all reasonable expenses, including attorneys= fees and expenses, incurred by the Insurer in
43 connection with (i) the enforcement by the Insurer ofthe Issuer=s obligations, or the preservation
44 or defense of any rights ofthe Insurer, under this Resolution and any other document executed in 45 connection with the issuance ofthe Series 2006 Bonds, and (ii) any consent, amendment, waiver
- 6 -
1 or other action with respect to the Bond Resolution or any related document, whether or not
2 granted or approved, together with interest on all such expenses from and including the date
3 incurred to the date of payment at Citibank=s Prime Rate plus 3% or the maximum interest rate
4 permitted by law, whichever is less. In addition, the Insurer reserves the right to charge a fee in
5 connection with its review of any such consent, amendment or waiver, whether or not granted or
6 approved.
7
8 (m) The Issuer agrees not to use the Insurer's name in any public document, other than
9 this Resolution and the closing documents for the Series 2006 Bonds, including, without
10 limitation, a press release or presentation, announcement or forum without the Insurer's prior
11 consent; provided however, such prohibition on the use of the Insurer's name shall not relate to
12 the use of the Insurer's standard approved form of disclosure in public documents issued in
13 connection with the Series 2006 Bonds; and provided further such prohibition shall not apply to
14 the use of the Insurer's name in order to comply with public notice, public meeting or public
15 reporting requirements.
16
17 (n) The Issuer shall not enter into any agreement nor shall it consent to or participate
18 in any arrangement pursuant to which Series 2006 Bonds are tendered or purchased for any
19 purpose other than the redemption and cancellation or legal defeasance ofthe Series 2006 Bonds
20 without the prior written consent of the Insurer.
21
22 Section 10. Reserve Surety Provisions. Notwithstanding any provision to the contrary
23 contained herein, the following provisions shall apply while the Insurer has issued a Reserve
24 Fund Insurance Policy in order to fund all or a portion of the Reserve Account Requirement for
25 the Series 2006 Bonds:
26
27 (a) In the event that any subaccount of the Reserve Fund contains cash and one or
28 more Reserve Account Insurance Policy(ies) and/or Letter(s) of Credit, and the Issuer is required
29 to make a transfer from such subaccount ofthe Reserve Fund to the Debt Service Fund, the Issuer
30 shall first use such cash before making a drawing upon a Reserve Account Insurance Policy
31 and/or Letter of Credit.
32
33 (b) In the event a subaccount of the Reserve Fund contains more than one Reserve
34 Account Insurance Policy and/or Letter of Credit, and the Issuer is required to make a drawing
35 upon such Reserve Account Insurance Policy and/or Letter of Credit, the Issuer shall draw upon
36 all Reserve Account Insurance Policies and/or Letters of Credit pro-rata, based upon the amount
37 available under each Reserve Account Insurance Policy and/or Letter of Credit.
38
39 (c) The Paying Agent shall deliver a demand for payment on any debt service reserve
40 surety bond issued by MBIA Insurance Corporation at least three days (3) the date on which funds
41 are to be provided to the Issuer.
42
43 (d) Any Reserve Account Insurance Policy or Reserve Account Letter of Credit may
44 only be issued by an insurance company or financial institution rated in the highest rating category
- 7 -
1 by S&P and Moody's and, if rated, by A.M. Best & Company, in the highest rating category by
2 A.M. Best & Company.
3
4 ( e) If at any time any amount is owing to MBIA Insurance Corporation as issuer of a
5 Reserve Account Insurance Policy, there may be no optional redemption of Bonds.
6
7 Section 11. Insurance Commitments. The Issuer accepts the Commitment to Issue a
8 Financial Guaranty Policy and the Commitment to Issue a Debt Service Reserve Surety Bond,
9 both dated August 31, 2006, ofthe Insurer attached hereto as Exhibits D and E, respectively. The
10 Mayor, the Vice-Mayor and City Manager are jointly and severally authorized to execute, on
11 behalf of the Issuer, the Guaranty Agreement attached to the Commitment for Surety Bond.
12
13 Section 12. Authorizations. The members ofthe City Commission, the City Manager and
14 the Director of Finance are hereby jointly and severally authorized to do all acts and things
15 required of them by this resolution or the Bond Resolution, or desirable or consistent with the
16 requirements hereof or thereof, for the full, punctual and complete performance of all terms,
17 covenants and agreements contained in the Series 2006 Bonds, the Bond Resolution and this
18 resolution.
19
20 Section 13. Resolution to Constitute a Contract. In consideration of the purchase and
21 acceptance of the Series 2006 Bonds authorized to be issued hereunder by those who shall be the
22 Holders thereof from time to time, this resolution shall constitute a contract among the Issuer, the
23 Insurer and such Holders, and all covenants and agreements herein set forth to be performed by
24 the Issuer shall be for the equal benefit and security of all of the Holders.
25
26 Section 14. No Implied Beneficiary. With the exception of any rights herein expressly
27 conferred, nothing expressed or mentioned in or to be implied from this resolution or the Series
28 2006 Bonds is intended or shall be construed to give any person other than the Issuer, the Insurer
29 and the Holders, any legal or equitable right, remedy or claim under or with respect to this
30 resolution, or any covenants, conditions and provisions herein contained; this resolution and all of
31 the covenants, conditions and provisions hereof being intended to be and being for the sole and
32 exclusive benefit of the Issuer and the Holders.
33
34 Section 15. Severability. If any provision ofthis resolution shall be held or deemed to be
35 or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect
36 any other provision herein or render any other provision (or such provision in any other context)
37 invalid, inoperative or unenforceable to any extent whatsoever.
38
39 Section 16. Compliance With Open Meetings Law. It is found and determined that all
40 formal actions ofthe City Commission concerning and relating to the adoption of this Resolution
41 were taken in an open meeting of the City Commission, and that all deliberations of the City
42 Commission that resulted in the formal actions were in meetings that were open to the public in
43 compliance with all legal requirements, including Section 286.011. Florida Statutes.
44
- 8 -
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Section 17. No Personal Liability Provision. No covenant or agreement contained in the
Series 2006 Bonds or this Resolution shall be a covenant or agreement of any member ofthe City
Commission, or of any officer, employee or agent of the Issuer in his or her capacity and neither
the members of the City Commission, its officers, employees or agents or any other official or
employee or agent signing the Series 2006 Bonds or necessary documents incident thereto, shall
be personally liable on the Series 2006 Bonds or be subject to any personal liability or
accountability by reason fo the issuance ofthe Series 2006 Bonds, or on account ofthe execution
of any of the documents herein provided for, all such liability being released as a condition of, and
in consideration for, the adoption of the resolution and the issuance of the Series 2006 Bonds.
Section 18. Repealer. All resolutions or parts thereof of the Issuer in conflict with the
provisions herein contained are, to the extent of any such conflict, hereby superseded and
repealed.
Section 19. Effective Date. This resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED THIS 19th DAY OF SEPTEMBER, 2006.
(SEAL)
City of Boynton Beach, Florida
ATTEST:
Mayor - Jerry Taylor
City Clerk
Vice-Mayor ~ Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
Approved as to form and legal sufficiency
By:
City Attorney
- 9 -
Meeting Minutes
Regular Commission Meeting
Boynton Beach, Fl
February 28, 2006
B. Capital Improvement Budget Review
Jeff Livergood, Director of Public Works talked about an interim analysis of the Capital
Improvement Program for this fiscal year and the next four fiscal years. A panel of 12 staff
members continually evaluates the Capital Improvement Plan and attempt to marry the needs
of the Oty to the capital improvement budget. He noted the hurricanes have played havoc with
construction costs and limited supplies and labor force throughout the country. low interest
rates have also fueled the private development industry and compounded the shortages. These
factors resulted in cost increases for the Library and the Wilson Center. Corrections have been
necessary in the 2005-2006 budget, so accurate projections can be made for the 2006-2007
budget and future years. The source of revenues to fund the increases for the proposed
projects has also been hard to predict. The team identified $1.1M of projects that could
possibly be deferred or eliminated over the next five years with goal of having a positive
balance in the program at the end of the five year program. Maintaining the existing
infrastructure was a priority along with meeting the goals and desires of the Commission and
the community.
Commissioner McCray questioned if the sale of Fire Station #2 was appropriate at this time in
light of the scarcity of land within the Oty. Mr. Livergood cautioned the Commission that the
building and property had not been maintained very well over the last few years. It was
decided to postpone the sale and defer any maintenance expense until further evaluation of all
options.
Commissioner McCray also inquired if the Boynton Inlet study had been completed. Mr.
Bressner speculated the study would be completed this fiscal year or the very beginning of next
fiscal year. Mayor Taylor added the funding had come from the South Aorida Water
Management District.
Commissioner McCray asked if the new roof for the Library related to the existing fatility and
Mr. Livergood responded the monies had to be added into the budget to make the repairs.
Commissioner McCray was in favor of keeping the monies for the Veterans Memorial in the
budget. Commissioner Ensler noted the monies to improve the Veterans Park had been pushed
out beyond the year 2010. He felt, in light of the redevelopment downtown, the park should be
developed as soon as possi~le for the sake of the World War n veterans. Mr. Livergood pointed
out the project was new and not reflected in the 2005-2006 budget.
Motion
Commissioner McCray moved to retain the $30,000 for the Veterans Memorial in the 2005-2006
capital improvement budget. Commissioner Ferguson seconded the motion. The motion
passed unanimously.
Mr. Livergood suggested some monies should be placed in a future year's budget to identify the
need for the park and the scope of any park improvements. Commissioner Ensler felt monies
should be allocated in next year's budget to build the park and monies allocated in this year's
budget for the design work. Discussion followed regarding the placement of the memorial in
the park and possible improvements for the park.
11
Meeting Minutes
Regular Commission Meeting
Boynton Beach, Fl
February 28, 2006
Motion
Commissioner Ensler moved to approve the eternal flame memorial site for the northwest
corner of Veterans Park located at the northeast corner of Ocean Avenue and 4th Street.
Commissioner McCray seconded the motion. The motion passed unanimously.
Motion
Commissioner Ensler moved to allot $20,000 for preliminary design work for development of the
balance of the Veterans Park. Commissioner McCray added the words, "not to.exceed $20,000"
and seconded the motion. The motion passed unanimously.
Motion
Commissioner Ensler moved to budget $80,000 in the next fiscal year budget for development
of Veterans Park. Commissioner McCray seconded the motion. The motion passed
unanimously.
Commissioner Ensler addressed the budget item relating to the club house at Intracoastal Park.
He questioned the proposed use of the building in relation to the size of the building. Mr.
Livergood commented the original concept was to replace the Royal Palm Club House. The
project evolved into a two story, waterfront facility to be multi-functional for private or public
use. Mayor Taylor and Commissioner McCray agreed the intent was to simply replace the club
house that had been demolished over in Royal Palm.
Herb Suss, Quail Run, felt the Intracoastal Park building should be tabled in view of the fact
other Districts do not have as many public facilities as District II that has several projects
available.
Jeff Sliver, Unit 141, The Harbors, and President of the Homeowners' Association for The
Harbors next to Intracoastal Park, contended not enough planning had gone into the
Intracoastal Park Club House. The proposed building is much larger than the building that had
been tom down and the impact of a larger facility on other community resources had not been
considered. Mr. Silver also mentioned the safety issues relating to more police calls and parking
limitations would create a hazard. He contended the size of the proposed building would
destroy the view of the Intracoastal for all other users of the park and other alternatives should
be considered. Mr. Silver also felt the cost of the project was excessive.
Mr. Bressner noted this was not the Public Hearing section of the agenda on the Intracoastal
Pavilion and suggested Mr. Silver remain at the meeting and make his comments at that time
also.
Cliff Uoyd, 140 Harbors Way and Vice President of the Harbors Homeowners' Association,
felt there would also be problems with trash and noise generated from a larger fadlity along
with traffic concerns. He suggested restrictions and conditions be imposed on any use of the
facility to control cleanups and to add police patrols.
Merv limberlake, 114, The Harbors, reported the Park experiences heavy use on the
weekends and additional users will not have parking spaces. He did not feel this was the best
location for the project and will waste a beautiful view of the Intracoastal if the fadlity is built at
the proposed location.
12
Meeting Minutes
Regular Commission Meeting
Boynton Beach, Fl
February 28,2006
Stan Nitkowski, 670 NE 15th Place, pointed out the park was in existence prior to the
homes being built at The Harbors. He noted there is a tall wan separating The Harbors from
the park and there is Code Compliance and Police to enforce the rules and the law.
Commissioner McCray remembered there were construction and safety issues when The
Harbors were being built and those problems were solved as will the issues raised now. Mayor
Taylor did not think the park was a passive park, rather an active park. He felt strongly that
promises had been made to replace the club hOuse that had been demolished and the promise
should be kept.
Wilfred Hawkins, Assistant City Manager, stressed staff in the Recreation Department are the
experts in maintaining the City's parks in an efficient manner. Parameters can be set and
procedures put in place to carefully monitor the use of the building.
Motion
Mayor Taylor moved the Intracoastal building remain on the budget as presented.
Commissioner McCray seconded the motion. The motion passed unanimously.
Motion
Commissioner Ensler moved the sale of Are Station #2 be removed from the budget at this
time so the alternatives can be evaluated. Commissioner Ferguson seconded the motion. The
motion passed unanimously.
Discussion on the Old High School revealed any monies allocated for the project are reimbursed
by the Community Redevelopment Agency so there is no impact on the budget figures.
Commissioner Ensler requested clarification on the allocation for the Boundless Park including a
status update on the Park. Mr. Bressner explained most of the revenue would be generated
from outside the City not impacting the budget figures. Commissioner Ensler suggested the
budget reflect the total cost and total revenue as the same. Mr. Bressner agreed.
Mr. Bressner advised the "tt' Avenue Park deferral was a result of the Heart of Boynton
Homeowners Association meetings and the budget shows the project targeted for the 2010
budget.
Motion
Commissioner McCray moved to approve the 7th Avenue Park for this fiscal year. Vice Mayor
McKoy seconded the motion. Further discussion revealed tabling the matter would be a better
approach at this time.
Motion
Commissioner McCray moved to table the 7th Avenue Park project. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
In relation to the revenue, Commissioner Ensler understood the bond issues would not affect
the millage rate. Mr. Bressner concurred for capital construction it would not. However he
cautioned the fire assessment fund carried personnel currently paid from that fund who will
transfer to the general fund base. There could be a secondary impact on the millage rate to
cover the transfer of fire personnel. The debt service for the capital construction does not
13
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
February 28, 2006
come from property tax, rather public service tax. Mr. Bressner explained it does put extreme
constraint on future capital projects. Mr. Bressner further noted the revenue projections for the
public service tax are very conservative and growth could prompt additional revenues. The
major items and the funding would be completed by 2015.
Mr. Bressner emphasized the policy issue of when the second bond issue would be appropriate
would be vested in a future Commission and could be considered as early as 2007. Bill
Mummert, Director of Rnancial Services, estimated the other bond issue would be a dedsion for
2009. The design work for Fire Station #5 would not be part of the bond issue. Mr. Livergood
asked for direction from the Commission on their vision for the Police Department and station.
He related a Task Order will be on the next agenda for the design of Fire Station #5 at the High
Ridge Road location. An integral part of the design for the Police station is if the High Ridge
site can accommodate the Police, Fire, stormwater, circulation and the parking needs. An initial
expenditure of $40,000 to $50,000 in design work will reveal if the site can accommodate the
needs.
Commissioner McCray hoped there was consensus the Police Department needed to be moved
from its current location. Commissioners Ensler and Ferguson were hesitant to encumber
future Commissions with such a large bond issue. Mayor Taylor thought the budget was
extremely conservative regarding the revenue from the public service tax in view of the
anticipated growth and projected the funds would be available. Mr. Mummert reminded the
Commission the public service monies have been split between the general fund and the public
service tax debt fund, some of which goes into the OP. The opportunity could arise if the tax
base increases enough, that the allocation could be modified.
Mr. Bressner explained the alternative funding proposals and the impact on the funding for Fire
Station #5. The recommendation was to issue the public service tax bond and not continue
with any additional fire assessment which would be policy discretion. Commissioner Ferguson
asserted the citizens had been promised the fire assessment would end after seven years.
Motion
Commissioner Ferguson moved to approve the $20M bond issue. Commissioner McCray
seconded the motion. The motion passed unanimously.
Lastly, the development of two City owned parks, Quantum Park and Nautica/Meadows Park.,
had not been included in the proposed budget. Public/private partnerships may be available,
but not at this time.
~
Vice Mayor McKoy commented with the extensive growth in the northwest section of the City,
the two parks should be given some priority and definitely before 2010. Mr. Bressner added the
residents have recommended only a passive park adjacent to the existing Meadows Park;
however, active recreational facilities are needed.
The continued construction in the Quantum Park area has stalled the funding and plans for the
park with the nature preserve and other areas. Mayor Taylor suggested the park funding for
both parks could be moved forward a couple years to the 2008-2009 budget. There was
consensus the items be listed on the 2008 2009 budget.
Mayor Taylor recessed the meeting at 9:48 p.m. for five minutes.
14
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01-
Meeting Minutes
Education and Youth Advisory Board
Boynton Beach, Florida
v. ADMINISTRATIVE
ITEM A.
Chair Waldman announced in October there would be a Visions Committee meeting to help
steer the direction of development in Boynton Beach. Chair Waldman thought it would be good
to have students be a part of the committee and he indicated he would be approaching the City
about having the students included in the process.
, - - ../""---------~~~-_.."
~ir Waldman reported he received an e-mail from Marlene Ross indicating she couid no
longer serve on the board. Chair Waldman was aware of another interested individual who was
an assistant principal, and would get an application to her.
VI. Public Audience
No public audience was present.
VII. Old Business
A. Sister Cities
Chair Waldman indicated there was a meeting at his home with other board members and the
Sister Cities Committee members. They discussed the Young Artist Showcase and the Pen Pal
Program. The deadline for all submissions for the Young Artist Showcase is April 30, 2007. It
was agreed Chair Waldman would find out who the area school superintendent was and contact
Jeanne Heavilin, President of the Sister Cities International, with the information. Ms. Heavilin
would make an appointment with them to garner support for the program with the school
district. Similarly, with the Pen Pal program, they would like to have the school district push the
program with the 7th and 8th grade students. Poinciana and St. Joseph's Middle School were
discussed. These schools could participate in the Pen Pal program with the supervision of the
principal who would oversee the content and grammar of the correspondence. The Young
Artist program was for students 13 years of age. Chair Waldman pointed out that Boynton
Beach is one of the 10 cities in the country to have a Confucius Institute where the concepts,
ideas and cultures of Confucius would be taught. They did not discuss having a second Sister
City, which would be Eleuthra in the Bahamas at the meeting. Ms. Heavilin would be contacting
Carol Shetler, the area superintendent about the program.
The Sister Cities program would have a booth at the Youth Fair with information about the
program and Chair Waldman will contact Ms. Heavilin to advise her to contact Ms. Claude
about the program.
B. Youth Volunteer Bank/Bob Borovy Award
There was no report given.
C. Fundraising Ideas
Chair Waldman asked the members if they had any ideas for fundraising. Chair Waldman
announced the Sister Cities was holding a golf tournament. Ms. Buchanan indicated spaghetti
dinners usually make a lot of money and a local school held a virtual spaghetti dinner where
they sold tickets in person and on-line and no one had to attend. There was discussion on
2
V. ADMINISTRATIVE
ITEM B.
APPLICANTS ELIGIBLE FOR APPOINTMENT 09/19/06
LAST NAME FIRST NAME 1st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION
SUBMITTED
Aikens Willie L. Community Redev. 6/20/06
AQencv Board
Barnes Matthew Community Redev. Planning & Dev. 3/30/06
Agencv Board Board
Buchanan James (Buck) Community Redev. 7/10/06
AQencv Board
Kane Robert Golf Course Advisory 8/14/06
Committee
S:\CC\WP\BOARDS\APPMENTS\Board Year 2006\Applicants Eligible for Appt 09-06-06.doc
VI.-CONSENT AGENDA
ITEM B.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 Meetin~ Dates in to City Clerk's Office
0 August I, 2006 July) 7.2006 (Noon) 0 October 3. 2006 September 18, 2006 (Noon)
0 August] 5.2006 July 3],2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
, - 0
September 6, 2006 August ]4,2006 (Noon) November 8, 2006 October 16,2006 (Noon)
~ September 19,2006 September 5, 2006 (Noon) 0 November 21. 2006 November 6, 2006 (Noon)
NA TURE OF
AGENDA ITEM
0 Ann ouncements/Presentations 0 City Manager's Report
0 Administrative 0 New Business
[8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
:--)-;
---,
~
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con)
__j --11
RECOMMENDA TION:
.-co
"::J
I,-~-:)
~~ (.../; ---1
Motion to award Bid #044-2821-06/CJD, "WEST WATER TREATMENT P-I;A~
IMPROVEMENTS, PHASE IV" to Interstate Engineering Corp. and execute a contr2t ~~
resolution in the amount of $4,976,517.00. Also, approve an owner's contingency of 10%~ t~]r~
amount of $497,651.70 for a total project budget appropriation of $5,474,168.70. :r:
EXPLANATION:
The City's West Water Treatment Plant (West WTP) is located at 5469 West Boynton Beach
Boulevard. The initial construction of the West WTP, Phase I, was completed in 1994 and
included three (3) membrane trains, Nos. 1,2, and 3, with a water treatment capacity of 4 MGD.
Phase II construction was performed in 1997 and doubled the water treatment capacity to 8 MGD
through the installation of three (3) additional membrane trains, Nos. 4, 5, and 6. Subsequently,
in 2004, the water treatment capacity was increased when the filter membranes in trains 1, 2, and
3 were replaced. Currently, the peak water treatment capacity is 10 million gallons per day
(MGD), including a 20% blend.
Since the permitted water supply is in excess of this volume and improvements to the plant will
increase the water treatment capacity to more closely match the supply capacity, Phase IV was
designed and bid to fulfill this objective. Work included in this project also includes changing to a
safer chlorination method, and installing additional redundancy for power generation.
S\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNT()N BEACH
AGENDA ITEM REQUEST FORM
Two (2) bids were received and opened by Procurement Services on ,July 11, 2006. Copies of the
bid proposals were submitted to the Utilities Department and Jordan, Jones & Goulding, Inc.
(JJG), the engineer of record for this project. References provided by Interstate Engineering
Corp., the apparent low bidder, were checked by City staff and JJG with favorable responses.
Interstate Engineering Corp. has also performed construction projects at the West WTP
satisfactorily in the past. The proposal received by the second bidder, John J. Kirlin, Inc. for
$6,530,000 exceeded the department's budget for this improvement project.
The Utilities Department concurs with the recommendation from JJG to award Bid #044-2821-
06/CJD to Interstate Engineering Corp. as the most responsive, responsible bidder who meets all
specifications and whose bid is in the best interest of the City.
PROGRAM IMPACT:
Phase IV includes improvements, modifications and additions to the West WTP that will enable
the City to meet projected demands for potable water; a safer environment with the installation of
an on-site chlorine generation system; prepare for extended power outages from severe weather
conditions; and improve or replace existing equipment as needed.
The filter membranes in trains 4, 5, & 6 are nearing the end of their useful life. The changes
included in this contract mirror those performed in Phase III for trains 1, 2, & 3 and will increase
water treatment capacity. An interconnection with Palm Beach County will also provide finished
water to the plant as needed.
The City compared the advantages of using an on-site generation system with the existing gaseous
chlorine disinfection and found it to be a more efficient and cost effective method of disinfection.
The on-site generation system is also a safer method of treatment and eliminates the possibility of
chlorine leaks and/or spills that would affect surrounding communities. On-site generation
systems are currently used by the City of Boca Raton, Palm Beach County Utilities, and the
Village of Wellington.
Palm Beach County was affected by several hurricanes in the past two years resulting in power
outages for extended periods. To prepare for similar situations, Phase IV includes building
redundancy into the emergency power generation system with the addition of a second generator
and fuel storage capacity.
SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
Funds are available as follows:
Utilities Account Numbers:
404-5000-590-96-01 WTR098
403-5000-590-96-10 WTR130
Bid Proposal
10% Owner's Contingency
$4,976,517.00
$ 497.651.70
Total Budget Appropriation
$5,474,168.70
ALTERNATIVES:
The only alternative would be to postpone Phase IV until such time that the City determines the
long range improvements and restructuring needed for the east and west water treatment plants.
Utilities staff recommends awarding and completing the construction outlined in Phase IV to meet
ever increasing potable water demands. Phase IV improvements would then be part of the
restructurin nsiderations.
K:t
~~~
Kofi Boateng,
Director of Utilities
~
Utilities Department
Department Name
Attachments
bc: ^ j'ofi Boateng, Director of Utilities
{''tpete Mazzella, Deputy Director of Utilities
Michael Low, Deputy Director of Utilities
Chris Roscheck, P.E., Engineering Division Manager
Barb Conboy, Manager, Utilities Administration & Finance
Procurement Services
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOI~UTION NO. R05-
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE AWARD OF
6 BID #044-2821-06/CJD "WEST WATER TREATMENT
7 PLANT IMPROVEMENTS, PHASE IV" TO
8 INTERSTATE ENGINEERING CORP., IN THE
9 AMOUNT OF $4,976,517.00, PLUS AN OWNER'S
10 CONTINGENCY OF 10% IN THE AMOUNT OF
11 $497,651.70 FOR A TOTAL PROJECT BUDGET
12 APPROPRIATION OF $5,474,168.70; AUTHORIZING
13 THE CITY MANAGER TO EXECUTE CONTRACT
14 DOCUMENTS; AND PROVIDING AN EFFECTIVE
15 DATE.
16
17 WHEREAS, two (2) competitive bids were received and opened by Procurement
18 Services on July 11, 2006, for the West Water Treatment Plant Improvements, Phase IV,
19 and together with Jordan, Jones & Goulding, Inc., staff is recommending the award to
20 Interstate Engineering Corp., as the most responsive, responsible bidder who meets all
21 specifications.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT;
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as being true and correct and are hereby made a specific part of this Resolution upon
26 adoption.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida,
28 hereby approves the award of Bid #044-2821-06/CJD to Interstate Engineering Corp., for
29 the West Water Treatment Plant Improvements, Phase N, and does hereby authorize the
30 City Manager to execute a contract in the amount of $4,976,517.00, plus an owner's
31 contingency of 10% in the amount of $497,651.70 for a total project budget appropriation
:\CA\RESO\Agreements\Bid Awards\Award of Bid - Interstate (WWTP).doc
1 of $5,474,168.70, a copy of said Contract is attached hereto and made a part hereof.
2
Section 3.
That this Resolution shall become effective immediately.
3
4 PASSED AND ADOPTED this
day of September, 2006.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ATTEST:
24
25
26 City Clerk
27
28 (Corporate Seal)
29
30
31
32
CITY OF BOYNTON BEACH
Mayor - Jerry Taylor
Vice Mayor- Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Interstate (WWTP).doc
JORDAN
JONES &
GOULDING
3300 PGA Boulevard
Suite 780
Palm Beach Gardens, FL 33410
T 561.799.3855
F 561.799.6579
www.jjg.com
July 20, 2006
Mr. Peter V. Mazella
Deputy Utilities Director
City of Boynton Beach
124 E. Woolbright Ave.
Boynton Beach, FL 33435
RE: Recommendation of Award
West Water Treatment Plant Improvements Phase IV
Dear Peter,
Jordan, Jones & Goulding (JJG) has reviewed the bid documents submitted by the two
contractors on July 11 th, and recommend that the City of Boynton Beach award the
project to Interstate Engineering Corporation, with the low bid of $4,976,517.00. They
have met all of the requirements put forth in the project specifications and we have
checked with references on their qualifications and performance and have received
positive feedback. Attached are the Bid Evaluation forms for your review.
Please let us know if you have any questions concerning this recommendation, or if we
can provide you with any further information.
Sincerely,
JORDAN, JONES & GOULDING
~(W
Bud Goblisch, P .E.
Construction Manager
Cc: Mr. Kofi Boateng, P.E., City of Boynton Beach
Mr. Chris Roschek, P.E. , City of Boynton Beach
Ms. Karen Riseley, City of Boynton Beach
Mr. Jamey Wallace, P.E., JJG
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Utilities Department
City Of Boynton Beach
Project Management Team
Bid Evaluation
Project Name:
Project Manager:
Pho.
.:*
Contact Person :
Ci t1~ ~
B~r\1a('lA Co", bo Project Value:
5~ 1- 7l./:) - C;L/ DG Completion Date:
Telephone No.:
2
Have they performed the work satisfactory as it pertains to meeting budget?
Have they performed the work satisfactory as it pertains to meeting deadlines
& milestones?
Have they performed the work satisfactory as it pertains to availability of staff
and rinci als?
Have they performed the work satisfactory as it pertains to responsiveness to
Client demands and su estions?
Have they performed the work satisfactory as it pertains to quality of work?
Were there any Field Change Directives I Change Orders on this project? If
es, ex lain the circumstances in the Comments I Remarks section.
Were there any "disputed" claims from this contractor for this project? If yes,
ex lain the circumstances in the Comments I Remarks section.
How has the closeout process been with this contractor?
How has their follow-up been after completion?
What is your overall satisfaction?
Has this Contractor performed similar projects in the past 3 years? If yes,
lease identif and evaluate a ainst the uestions above.
NoD
YesD No~
Yespa- No D
YesN NoD
Yes No D
Yes~NoD
Yes D No]8l
$ e~ ::1f=- :L
$af-isf"do
SGd-1~('
Yes D No~
3
4
5
6
7
8
9
10
~ G7 d~ 5 fc..re.. 0(\ Sobs-tC4'\+lO\ t cow, l.e:hbn
o.vo.;( 0.6 (,,'+ of' V pi) om ye",d(!)r - er Dave A (,'sf<<k
Co 56 u+-i (,'fie <;. - L.i) 's (l onq+-eol ~fvJ€eV7 arn"es .
;). 6 orrJ~'I'S ()fl,.Jt1Q(" d(~ecl .
Lerl : .pM ~,cf./.1 .
Reference Check Performed By I Date:
Company I Organization:
Heat1n. JJ;
JJG
Item
(Ir
~.!,
t~ .
Utilities Department
City Of Boynton Beach
Project Management Team
Bid Evaluation
Project Name :
Project Manager:
ch..
Consultant:
Company Name:
Contact Person :
Project Name: RPB RO klTP EX?
Project Value: $ (. 57 M.
Completion Date: .2/00
Telephone No.:
2
Have they performed the work satisfactory as it pertains to meeting budget?
Have they performed the work satisfactory as it pertains to meeting deadlines
& milestones?
Have they performed the work satisfactory as it pertains to availability of staff
and princi als?
Have they performed the work satisfactory as it pertains to responsiveness to
Client demands and su estions?
Have they performed the work satisfactory as it pertains to quality of work?
Were there any Field Change Directives / Change Orders on this project? If
es, ex lain the circumstances in the Comments / Remarks section.
Were there any "disputed" claims from this contractor for this project? If yes,
ex lain the circumstances in the Comments I Remarks section.
How has the closeout process been with this contractor?
How has their follow-up been after completion?
What is your overall satisfaction?
Has this Contractor performed similar projects in the past 3 years?
lease identif and evaluate a ainst the uestions above.
NoD
Yes D No [gI
3
4
5
6
7
8
9
10
Comments / Remarks
~
S+-a r +-
Reference Check Performed By I Date :
Company / Organization :
f-ea~
::JTG
Utilities Department
City Of Boynton Beach
Project Management Team
Bid Evaluation
Project Name:
Project Manager:
(<0
ohf"l h9h(~r-
Company Name:
Contact Person :
Project Name:
Project Value:
((.0 WTe Exp~
$.:2.3 N\
" 105
2
Have they performed the work satisfactory as it pertains to meeting budget?
Have they performed the work satisfactory as it pertains to meeting deadlines
& milestones?
Have they performed the work satisfactory as it pertains to availability of staff
and rinci als?
Have they performed the work satisfactory as it pertains to responsiveness to
Client demands and su estions?
Have they performed the work satisfactory as it pertains to quality of work?
Were there any Field Change Directives I Change Orders on this project? If
es, ex lain the circumstances in the Comments I Remarks section.
Were there any "disputed" claims from this contractor for this project? If yes,
ex lain the circumstances in the Comments I Remarks section.
How has the closeout process been with this contractor?
How has their follow-up been after completion?
What is your overall satisfaction?
Has this Contractor performed similar projects in the past 3 years? If yes,
lease identif and evaluate a ainst the uestions above.
NoD
Yes;8'J No D
Yes~ NoD
Yes~ NoD
Yes No D
Yes KJ, No D
3
4
5
6
7
8
9
10
Item Comments I Remarks
~ (}Wy/,er dc'r~
10 t-J"uo{ ute- f<<::C- C\ Q.,'~.
Reference Check Performed By I Date: I-I~ Wir\1-e-
Company I Organization: -JT G
BID TITLE: WEST WATER TREATMENT PLANT IMPROVEMENTS - PHASE IV
BID NUMBER: 044-2821-06/CJD
PROJECT NUMBERS: WTR 098 & WTR 130
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 6th day of September, 2006, by and
between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "CITY" or "OWNER" and Interstate Eneineerine Corporation,
a Florida Corporation lXJ
a Florida General Partnership <-J
a Florida Limited Partnership <-J
a Sole Proprietor <-J
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
WEST WATER TREATMENT PLANT
IMPROVEMENTS - PHASE IV
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 11th day of July, 2006 , for the total bid amount of $4,976,517.00;
and,
WHEREAS, On the 6th day of September, 2006, the City Commission designated
contractor as having submitted the bid that was most advantageous to the City and authorized the
execution ofthis Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 210 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. 01/24/06
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:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6 Supplemental Conditions for Construction (SCC)
2.2.7 Construction Contract
2.2.8 Certificate of Insurance
2.2.9 Public Construction Bond
2.2.10 Technical Specifications
2.2.11 Contract Drawings and Plans
2.2.12 Addenda
2.2.13 Written directives or interpretations
c- 2
Utilities Department
Rev. 01/24/06
2.2.14 Manufacturers warranties
3. OBLIGATIONS OF CONTRACTOR
3.1 . Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in 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 Specification 01740 - WARRANTIES AND BONDS.
3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if
applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment 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. 01/24/06
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 210
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
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 ~hanges in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
C-4
Utilities Department
Rev. 01/24/06
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $ 1.500.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 210
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 Specification 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.
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
C - 5
Utilities Department
Rev. 01/24/06
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.
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 DIRECTNES/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.
C-6
Utilities Department
Rev. 01/24/06
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is James J. Wallace, P.E., Jordon, Jones &
Goulding, Inc.
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
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 of the essence of the Contract.
C -7
Utilities Department
Rev. 01/24/06
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above provision.
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIME/NO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project ManageL
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 mediatoL
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.
C - 8
Utilities Department
Rev. 01/24/06
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 - 9
Utilities Department
Rev. 01/24/06
Requc:';(O';:' l :~~ t - ,,:, :'iG,I
....
,>c,_
o August j, 21 ~X
o August I". ~',.:6
o Septemlocr 6. '2006
[gj Septembtr 1 'J, 2f:J6
NATURE OF
AGENDA ITL'I
VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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
July 17,2006 (Noon.) 0 October 3, 2006
JLly 31,2006 (Noon) 0 October 17, 2006
August 14,2006 (Noon) 0 November 8, 2006
September 5, 2006 (Noon) 0 November 21,2006
September 18,2006 (Noon)
'. ~l
October 2, 2006 (Noon) c.::.J
-.\
c:::~ __j
...-{........:
:r~.
October 16,2006 (Noon):;;;
......,
) :,
W
November 6, 2006 (Noo~-
;0
~
=,.:~:
."...-.:.;.
v,-j
r-;
'. .
o Announcements/Presentations
o Administrative
[gj Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
s-.)
a
o City Manager's Report
o New Business
o Legal
o Unfmished Business
o
2!~
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1'1~
-.-
RECOMMENDATION: Motion to approve the "piggy-back" of the Jacksonville Electric Authority (JEA) Bid #WCS-123-
00 with Insitufonn Teclmologies, Inc. for Cured in Place Pipe and Lateral Cured in Place Pipelining at an estimated
expenditure cost of $1 00,622.50.
EXPLANATION: Procurement Services Division received a request from the Utilities Department to "piggy-back" off the
Jacksonville H::ctric Authority's Bid for the pipe rehabilitation. The project is part of the Utility Department's CIPIR&R
program. The orojcct area is ca!led SE Federal Highway Corridor (from SE 2nd Ave. to SE 12th Ave. on SE 4th Street):
SE Federal II;6~'\"ZlY C(JlTjdOf
Proiect Cost
$100,622.50
The City t::~" nili,Tcd the contract for other recent pipeline rehabs. The Insituform process avoids excavation oflarge areas to
replace pipe ','lei pro\ides a long-term solution for pipe rehabilitation. The City would utilize JEA contract #WCS-123-00 for
a total projc,'( cOot <.) f:5: 00,622.50.
PROGI0'\l'H 1.:'>.[J'ACT: The ::xisting pipelines are in excess offorty (40) years old and are cracked, experiencing joint
failures, rout f'ere, i!':1ttJ!1. Tb;: project consists of approximately 2,893 linear feet of 8" Vitrified Clay Pipe (VCP), plus clean,
TV and reee'.meet service laterals.
FISCAL ['1 ;):\C!': F;'nds are available in the FY2005/2006 budget as follows:
".. :'~tiQLl Account Number
ClP '-~.? ;c" .1' 403-5000-590-96-04 SWR 100
ALTERN'
, '';;
~'
j..'
S:\BULLET. J
Budget
$212,480.00
, '~""d with pwj", ond le,ve pipelin" in thei, eurren' eondition. ~
/ L 7tiftJ Ut,AJ, . /12r
, ,fFinance . Manager's Signatufe
Assistant to
'Jnt ~'tTvices
'iC!~>~:}me
, .\ 1 (;'j REQUEST FORM ,DOC
MEMORANDUM
Utilities # 06-139
FROM:
Bobby Jenkins
Assistant Finance Director
Kofi Boateng, PE ~/J C\ <)
Director of Utilities N ~
n ~~ CJ.i---"'-~
tz<klvVvV' ~
5[n l00
TO:
DATE: August 8,2006
SUBJECT: Piggy-Back JEA Bid #WCS-123-00
Cured in Place Pipe Rehabilitation - Wastewater
AGENDA ITEM
The Utilities Department is requesting approval to piggy-back the Jacksonville Electric
Authority bid #WCS-123-00 with Insituform Technologies, Inc. We have utilized Insituform's
process for pipeline rehabs. The Insituform process avoids excavation of large areas to
replace pipe and provides a long-term solution for pipe rehabilitation.
This project is part of the Utility Department's CIP/R&R program. The project area is called
SE Federal Highway Corridor:
1. SE Federal Highway Corridor (from SE 2nd Ave. to SE 12th Ave. on SE 4th St.)
The project consists of approximately 2,893 linear feet (If) of 8" Vitrified Clay Pipe
(VCP), plus clean, TV and reconnect service laterals.
The total project cost is $100,622.50. Funding is available in account number # 403-5000-
590.96-04 SWR 100. Attached is the map of the area, the contract and proposal. Please
present this at the next Commission meeting for their approval.
If you have any questions please contact me at ext. 6401 or Tony Lombardi at ext. 6421.
Attachments
xc: Pete Mazzella
Michael Low
Tony Lombardi
Barb Conboy
Dan Spooner
Dan Derringer
File
FROM
FRX NO. :9042804162
Rug. 07 2006 02:11PM P2
~
]
. <m]
~ .J vI:: S, nc.
WO/1dMde pt1eJif16
RshabiNtation
11511 Phil~ Hwy. s.
Jacltsonville. FL 32256
Tel; (904) 282-5802
Fax: (904) 292.3198
(800) 633-&'362
wwwjnsitufonn.com
AL~~mT 7, ~::CD6
Mr. 'fO'lY Lombardi~ Project Manager
City of Bo:rnton B:::ach
124 East \Vooibright Rd.
Boynton Beach, FL 33435
RE: SE 4th St.- SE 2nd Ave. to SE 12th Ave.
Dear Tony,
Weare pleased to submit this proposal to reconstruct the gt, sewer lines located a the above
add;'ess using "Cured-in-Place-Pipe" (CIPP). These prices are based on our 2006 Annual
Contract with lEA, which is available for "piggyback" by the City of Boynton Beach.
2~893 If 8" x 6 nun CIPP
2,893 If clean & TV
Stand~lrd service reconnections, 66 ea
$ 29.50/1f
$ 3.00111"
$100.00llf
$ 85,343.50
$ 8,679.00
$ 6,600.00
Total
$100,622.50
The terms and conditj()l}s governing this proposal are as follows:
P ;"0 fj ()~~~ lJ.C1 d us ions:
.. Certi1kate of Insurance with standard coverage
F, :tallation video inspection recorded on VHS tape
S t":' ^~,d cleaning of the existing pipe prior to instaUation
-listallation video inspection recorded on VHS tape
Id one-year warranty
.1 5e1d measurements will determine final invoice quantities
FROM
FRX NO. :9042804152
Rug. 07 2005 02: 12P~1 F'3
Proposal Exclusion$:
· Premiums for special insurance coverage requirements
· Point repairs of any collapsed sections of the existing pipeline
· Permits
· Disposal site for debris removed during cleaning
· Please note that if any hazardous or toxic materials are encountered during the
project. the Owner will be responsible for the removal and disposal of the
materials
· Constructions access easements
Prooosal Terms:
· Payment due within 30 days of completion of the project
· Partial monthly payments may be requested
· Proposal valid for 45 days
Limited Warraatv
IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FIlNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES
TO CORRECT ANY DEFECT IN TIlE MATERIALS OR SERVICES
PROVIDED BY THE CONTRACTOR WHICH ARE BROUGHT TO THE
ATTENTION OF THE CONTRACTOR WITHIN ONE YEAR FOLLOWING
COMPLETION OF CONTRACTOR'S WORK~ PROVIDED OWNER
AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING
CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
Mutual Release of Conseouential Damal!es:
Neither party shaH be liable to the other for consequential damages relating to or
arising out of the Contract.
PrOPosal Subiect to NCI!Otiation of Other Standard Term.s of A2reeme@t.
This proposal is subject to agreement of the parties on other terms and conditions
as are customaJy in contracts of this nature.
FROM
FRX NO. :9042804162
Rug. 07 2006 02:12PM P4
call L'".
. ~ .: ' j :.!e the opportunity to quote on this project. If you have any questions, please
Sincerely,
INS~RM TECHNOLOGIES, INC.
/1"/) 1 1 r r . J
I q", ~"i. ~.
Ted Hotchkiss, Area Account Manager
Owner AC2eptill:C0:
Date:
Pl~~~5e sign and return one copy of this proposal for our files or. if you prefer~ a purchase
order or subcontract for our execution.
...
1 in. = 684.7 feet
SE Federal Highway Project
JEj'h
ELECTRIC
WATER
SEWER
"ch Street
.iorida 32202-3139
t ci, ;:1;06
1'1'. Technologies, Inc.
1 ] . \ 11 Phillips Highway South
]".1 :u~mvil1e, FL 32256
,V)(;]lLiol1 Suzanne Herrmann
RE: Contract No. 18228 Amendment 7
Dear Ms. Herrmann:
Endosed for your files is a duplicate original of the fully executed Contract
bet',veen JEA and your company for the work referenced above.
Th~nk you for providing the certificate of insurance required under the contract.
PkJ.se i'emember that you are required to provide us with an updated certificate
upon the renewal of any of your policies throughout the term of the contract and for
a period of two years following termination.
P:case feel free to contact me at (904) 665-6798 should you have any questions.
Sin",Pr'
~\' Il(~
1;'~1
'-l/\ \ iUlIL--
Ajay.Pettel
Purchasing Contracts Specialist
Enclos'.'xe
AMENDMENT NUMBER 7 TO
CONTRACT NUMBER 18228
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES, INC.
THIS AMENDMENT NUMBER 7 (this "Amendment") is made and entered
into this / ~ Il
day of -::ru /1
, 2006, by and between, JEA, a body
politic and corporate in Jacksonville, Florida, and INSITUFORM TECHNOLOGIES,
INC., a foreign corporation licensed to do business in the State of Florida
("CONTRACTOR").
WITNESSETH:
WHEREAS, on May 18, 2000, the parties made and entered into a Agreement
under which CONTRACTOR agreed to provide cured in place pipe unit price
construction for JEA (the "Agreement" or "Contract") for a not to exceed amount of
$2,000,000.00 with five optional one year renewal periods.
WHEREAS, said Agreement was subsequently amended to increase the
maximum indebtedness of JEA to Ten Million Five Hundred Thousand Dollars
($10,500,000.00) and to exercise four of the five renewal options to extend the term of
the Agreement. This Amendment is JEA's exercise of the fmal renewal option.
WHEREAS, such Agreement, as amended, was to remain in full force and effect
as to all its terms, conditions and provisions as set forth therein until May 17, 2006.
WHEREAS, the parties desire to exercise the fourth renewal option and to
increase the maximum indebtedness of JEA by an additional $1,500,000.
NOW THEREFORE, in consideration of the mutual promises and covenants
herein contained, and for other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties agree that:
1bove stated recitals are true and correct and, by reference, are
. and made a part hereof.
pt as provided herein, the terms and conditions ofthe Agreement, as
,; .. , ;"ccj~')orated herein and made a part hereof by this reference.
l'iotv;ithstanding the foregoing, Paragraph 1 of the Agreement shall be
~'i ':l'..J to.t ,is follows:
" . That CONTRACTOR has been selected as the lowest and best
rc:ponsible bidder to provide to JEA Groundworks - Cured In Place Pipe
lLi t Price Construction and has been award the contract for such work
during the term of this Agreement which shall be effective on May 18,
2000 and shall continue in full force and effect until May 17, 2007 in
accordance with the plans and specifications as set forth herein."
f1r. f'JJagraph 2 shall be amended to read as follows:
"2. The CONTRACTOR shall, at its own cost and expense, do the work
required to be done and furnish the materials required to be furnished on
~'::-;d work in accordance with plans and specifications approved by JEA,
numbered WCS-123-00, with bid opening date of May 4, 2000, designated
2S Groundworks - Cured In Place Pipe (CIPP) Unit Price Construction"
(a1d strictly in accordance with the advertisement calling for bids, plans,
.:;~ecifications, blueprints, requirements of the said JEA, proposal of the
said CONTRACTOR, and award therefor, now on file in the office of the
Chief Purchasing Officer, Procurement Department of lEA, all of which
arc hereby especially referred to as "Contract Documents" and, by
re"erence, made a part hereof to the same extent as if fully set out herein,
Eel' the total sum not to exceed Twelve Million Dollars ($12,000,000.00) at
,-nd for the prices and on the terms contained in the CONTRACTOR's
::::,id proposal for the doing of said work and the said award therefor, and
[.(; Contract Documents hereinabove specifically referred to and made a
1 :xt of this contract."
.). SA VE AND EXCEPT as hereby specifically amended herein, the terms
L-~ :' the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment the
day and year st above written.
~.
By
ATTEST:
Signature
~1~~ ;)/t{ 0-
Print or Type Name
r towM~v~1 ~rJ{{A(O S~((('\-Lo1
Title
A~~
Signature
INSITUFORM TECHNOLOGIES, INC.
By /"':~~
Signa e
Denise Carroll
Print or Type Name
-H.. O(')l1(]Jas Thomas
Print or Type Name
Contracting and Attesting Officer
Title
V. President Rehabilitation Project
Tille Support
CONTRACTOR
1 hereby certify that the expenditure contemplated by the foregoing Agreement has
been duly authorized, and provision has been made for the payment ofthe monies
provided therein to be paid.
Fonn Approved:
/~,~ C/~
/' I' Nanette Rund
Director, Budget
JEA
~~
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CURED IN PLACE PIPE (ClPP)
UNIT PRICE CONSTRUCTION
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JEA
JACKSONVIlle, FLORIDA
MANDATORY PRE-IID MEETING
DATE: Aprt113,2000
TIME: 10:30 A.M.
PLACE JEA Tower. 811 Flcor Board Room
21 west Church Street
Jacksonville, FL 32202
~
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JEA IFB NUMBER: WCS-123-00
OPENING DATE: April 27. 2000
TIME~ 2:00 P.M.
PLACe:6th Floor, JEA Customer Center
21 West Church Street
Jacksonville, Florida 32202
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0ep b LUU~ 11:44
P.U,s
INVITATION FOR BIDS
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FOR
JEA
JACKSONVILLE, FLORIDA
, , '. ';0 MEETING
JEA IFB NUMBER: WCS.123-00
OPENING DATE: April 27. 2000
TIME: 2:00 P.M.
PLACE: 8th Floor, JEA Customer Center
21 West Church Street
Jacksonville, Florida 32202
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lJlIAeLE TO SUBtl[ A 810? W. ~_dl hop. lhlt is oollhe case. If I'.' Iirm cannol submll · bid .llI1is lim., pro'id. '" il
Information reQuelited in lhe Spice provided below and return to:
Pl'OCIlremt:nt Department
JI~
21 West c.hurch S\rEIet, 6th Floor
JEI~nviile. Fklrida 32202
We have ,...;wd iwilllliOn for Bills No, ~'I~S~ Cu. dale SO h /-w. .r. Unable to ._1. ~d al 1)>1$ Un ,If. to
the following reasorlS:
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Name or Firm aY\ ~~>)~\.. r'."'~'" Pl"",,~r\~~ Co,. ?'"
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_ City, Stete, Zip Code
v ..._. " ..... El'd". after -"ing . bid ;adl8l\ll. DO NOT RETURN BID PACKI<G~. Send \hi> form only '" fa mil orm 10
9Q4.0665w 729 t
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~ep b LUO~ 11:45
P.04
INVITATION TO BID
WI. " ." ! >:.',.o;.;-,Dd for the JEA by the JEA Procurement Dept.. Suite 103, JEA Tower LObby, 21 West Church Street,
J~;>,:I': :~, { . ;~ ~I.j:
Lee"!. ,. L~ _.. ,,;;'i:.... R
DAY OF WEEK Thuntdav
DATE ADriI 27. 2000
and :..., .~. :.," .. - -.j pliblicly opened, read aloud. El1ld recorded in 1he6th lIoor Conference Room, JEA Customer
C~!J, .L.;;": ,",J, Fl:;:1a for the following:
JE,fl. iF:. NUM:: ~~: '.JC!.123000
nr~: G~oU;!'DWOitK8 - Cured In Pltee Pipe (CIPP) Unit PrIce Construction
SCOPE Cf 'wr,R,,'{;
.... ThlI program InctudtlS but II not limited to construction and .mtrgtncv projects comprtIlng
sewer CoIltctlon System..
MNiO,a,TCRY 7R.!t~!D MEEllNG
LOCAL TIMe 1o-~r~,m.
DAY OF WEEK ptul1ldlV
DATE ADti113. 2000
PlACE Jf~TOWfJI', Ei9hIh F100r Board Room. 21 W. Church street. Jacktan\lille. FL 32202
BIDSOND: ~~
PERFORMANCE BONO:
12.000.000 Annual
1he InlJit~ for BlOe (iFS) and/or bid ftlnns may be examtned at the Procurement Dept. Bid SecIion, SuIte 103, JEA TOMr Lobby,
Jack8co',i!Ie, F'1OItia, and may be obt8inecl from ihat office In person. by calling (904) 885-6740. or by falCing your I'8qU8&t to (904)
_7234.
All biOs must te mecle on fie apprcpriate bid forms contlined In the IFB, properly executed 18 de8cribed in the IFB IIId pIICed in the
~ ~1d In Jhe IFa PICkage. marked tD idenUfy 1M bid, and thin 8t,,1II be deivnd or rnaitd 10 JEA Procun!ment
OefmimMt Sid SI1l,~, 21 West 0IndI SbIIt, Suite 103. Jack8Onville. FJortcIa 32202-3139. ptior to the time lit b' opening.
Bid&.zl'S ~ rwll'1 responsible for deUvery of bids. RelIance upon mail or pUblic carrier is at bidder's nsk. LATE BIDS ARE NOT
CONSlDEr.ED.
M t:';::!C;rs must ba ~~ II qudfied for such services prioi to the-bid clpenli'ig aif8;- SIdion 11;-Speclalnstructions-to- ~- - -- - - - - -
Bid!j',;1'3, O)t; ~~~l1 a fi.;t of the finns, persons. carporaUona. and/or companies that hM been prequalifted by JEA for the
type wen:. ~fied herein. .
.&JI 017~ 1'<<300S. f~~, corporations and/or companies c1eJiring 10 submit a bid fer work specified herein must request the
. .F"',.'..~'kation.fem'l from: .
JEA Procurement Department
21 West ChUl'Qh Street, "' Floor
Jackaonvllle. Florida 32202
Phone (904) 665-7600
S<<-:l ~~lh1 form Is to be ~11ed out k'l its enliretY end atlested as and where 1ndJcat9d lOCI be delivered to the .
1ilfr"'m':"i~!')I'..!'d< .:::",,,~~ at least 21 days prior 10 the ICheduJed bid opening dale. The manner 01 delivery ohaid
F.rl.:,"';['Ci~:;l1 !;:{';~;t~lt3 shall be at the discretion of the bidder.
J':) i _. ~i~.~)S ~:-.;) "'il ':0 rdjact any or .. bids, or any part thereof, waNe informalities in any bid, make th8 award in part or
. . . ) - .J:;. :: l' .; ;:'..w in the best Int8r8St of lht JeA
Donald 14. Bogse
Chief Purchaaing OffIcer
JEA
m::;;ll Ul- UI<M
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~ep b LOU~ 11:45
P.OS
SECTION I-INSTRUCTIONS TO BIDD~RS
1. RESERVATIONS
The JEA reserves tne right to F8j8CI any or all bidS 01' any part thereof and/or to waive informalities if such actiOn is o.med to
be in "e best interest of fte JEA. Without limillng the generality ollhe foregoing, the JEA mey reject any bids which are
inc:ompletB. obscure or irregular. any bids which omit a bid on I"y one or more items for which bids are requRd, any bids wtlich
omit unit prICeS If unit prICeS are required, any bids in which unit prices are unbalanced In the opinion of me JEA, any bids
~ by InsUfIicient or irregUlar bid securities, and any bids from bidderS Who have previouSly failed to satiSfaClOflly
compIBte contracts of any nature.
2. QUAUFICAnONS OF BIDDERS
BIddera must be prequllfied as &tIted In the Invitation to BId. Bidders not on the Responsible Bidders Ust at bid opening shall
not 11M lhei bids opened.
3. INTERPReT ATJONS
ShauId IIW bidder 11M MY CJ8b1S . ~ 118 m. or rneIIIing of any pIrt of thiS tnYitaUoo for Bids, bIckIer should COI\tIet
the JEA Rapr.matiYe htId m sectian II, SpeclaIlnslructloni II) Bidder1, In lime to receive a written reply before submitting a
bid.
4. BID BOND
A blcJ bond, prop8l'Iy elteCUted by the bidder and by a quaJIfied surety, or I certilled or cashier's cheCk draWn In the amount
shown gn lhe InvitatiOn to Bid, made payab&e to ~ JEA must 8QCOI1lpany each bid as a guarantee Ulat "'8 bidder will not
witMIraw tom the competition _ opening.1le bidI. In the event the conlnlct is awarded m the bidder. bidder wID within ten
days. PlCU1811e contract: ffIiIing whIQh, the bid pcurity shell became the property of the JEA as liquidated damages.
MDrn8p k\ fIl:twho sign bid bondI nut .. wilt"" band a ceniIed copy of their power of IIDmey to sign aid bonds. It
.... be....... tlqUiremlnt of 1he bid, not 8UbJect ~ waIvvr. for the bid bond m accompany the bid It or bern, but not
lifter, Ite bid 0I)riIg.
- ... --5~ fORIlOf.aL
Em1 bIcIlhaI be made upon the bid form fIInilIhed hnWiIl. AI blank spaces must be axnpleIld wlIh 1M eppnlpI1iAI
mponI8. The bidder mutt stale the ., type\WftIIn or writI8n in Ink. tlr which blSder proposes 10 ~ each Item of the
prqect.
6. COMPLETENESS OF BID
6.1. BiddEn Ihall quote on all itemS In one bid bin. Flilure to do 10 may result in the bid being rejectec:I as not
responM. -
6.2. When quoIalions on certein lems .. opIionaI, biddenlshalllnsert the wordS "no bid' in tne space provided fOr any
Itern fat which no quotation is mIde.
6.3. ~ in lie bid of ucepIonS IhIII invalld8le the bid. UflI8sa the exaeption-lG withdnwm. Bidcler's standII'd
language. propoeed to be substituted for the JEA language, will not be c:onsidered:
6.4. lbe bld I1IJSt be algned by an auItOr\Z8d agent or ofIic:er of the firm.
secTION J4NlTJWCTION& TO BIDDERS
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7. r'7.~C~"}
No '.'., ::;, ,_:;. _<.1 to offer mofe than one prk:e on each item even though bidder has two or more types or styles that win
I;,: . ::r;,,~':'.J~rs must determine for themselves which to offer.
e. ill;;,; :::-, , ','l" ;:rr::::.:.;:;rATION
Yihe:1 .';l ,:,T' :\;'",r nlal'l'J1~rer'& name or brand Is specifted along with 1he words'or equal", bids WiD be tXlnsidered on other
tt~i~.:3 ':r'n ':;e ;,,~d\.<ct vf other manufaclul'8r$. On _such bids the bidder shall indicate ctearly the product (brlnd and model
;'cUil i~:'.;i) j(l " ~ich bl,,:.v&f Is bidding. and shall supply a sample or .ufticienl data in detail to enable an inlelligent COI'l'IP81son to
be r:.,,'# ":.1!t'l ih~ ?-y'~o..4N brand or manufacturer speciIed. All simples shall be submitted in lCCOI'dance with procedures
01... ;j~'1-,):.l ;rtSub;: 3cfon 10, Samples. catalog arts and 1eCt1nical deaCriplYe data shall be attached to the original copy of the bid
wt.erG ~t-~'jje, Failure to submit the above information may be sufficient grounds for re}ection of bld.
9. DEVIATiONS FROM. S?EC1F1CATIONS
DeV,2tiOl'l$ from specifications and conditions will not be accepted and will cause rejection of the bid.
10. COLLUSION
The ~ by ~ apprcprIate signalure to this bid, IgIHS to the tIIowlng: "EIdder certifies that IUS bid Is made wtIhout
any pra'~1$ unemtronding, agreement or connection with .,y person, firm, or corporation mIking 8 bid for Ihe same work
omer tlM Sl$ a subcontractor otsupplilt: &nd is In .. f8SpeCls fair. wllhout outside control. collusion, fraud or otherwise Illegal
ac5on: See SUbseCtion 20. DisquallfiGatlon of Bidders.
11. ALTaiATlONS OF BID
Exl:$pt as Ofhefwise provided herein, bids Whk:h are &DlCItiOn8I in ..y way. or which contain erasures or intertlntations not
llUthentlcaled as ~Wted herein, or any 0Cb8r modIfica1Ions Of the bid form wilt be rejected. Erasures.lnt8t1IneItions or oller
corTeCtIMS $hall be 3Ll!henticalBd by aflbdng ft lie mwgin, Immediately oppo&Ite the correction, the hendwritlen sipIur8 of
ead1 persCI'l ~ !he bid. .
12. ;SCAUTION FACTORS
If a :-ld l~de'J O$C'.ila\iOn factors, It must Indudea cap priee. Payments will be made on Ihe basis of the escalation fICkn
arnlll'le a.:;tual time involved; however. bid evaluations Will be based upon the cap price.
13. DISCOUNTS
All disa;un~. ~ ~ for prcmpt payment. shall be Inctuded in !he bid price. Prompt payment discounts ct /ess lhan 30 days
shall r.ct ~ ~ad In detennlning low bid. .
14. ~OOIFlCATlCN OR WITHDRAWAL OF 81D
14..1. ^ 1T': (;:.,.~tion or a bid already recelved will be consid9red only if lhe mocfdicetion is received prior.k) U. time
;";;;",q,.~,.;,,;'j lor opening of bids. All rnodItiCationt sh;all be rnade in writing. executed and submittBd inlhe same.form
: . J;" ":r as !he origineJ bid. ~licaIIOM BUbmitled by telephone, telegraph orfacsirnile will not be c:cnsidered.
: 12. '. . . '.:1 may wtthdraw a bid by gjYIng wrttkIn notice 10 Chief Pun:hasing Ofticer, Proourement Depar1men~ .lEA. 21
( '''' .i,;.ll Street, Jackson., F\orida 32202, at any 'me prior ~ the lime announced for opening of bids.
t::4;:V;':! 1- :~(T..'J;;.aIONS TO BIDDERS
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INSITUFORM
Fax:9042923198
Sep 6 2005 11:46
P.07
15. DATA REQUIRED TO BE SUBMITTED IN REFERENCE TO BID
15.1. ~thespedficallons incIic8te a productoh particular manufactUrer. model. or brand in the absence of any
statement to the contrary by the bidder, the lid will be interpreted as being for the exact brand. model, or
manuf;acturer specified, together wi1h all accessories, qualities, tolerances, composition elc., enumerated in the
detailed specitlcations.
15.2. If no brn. model or manuhlC1Urer is &pedliod, and if no data is required to bA submitted with the bid. the successful
bidder, * award and beIDr8 rnenufacWre or shipmen~ may be ~uireO to GUbmlt watking drawings or dRtAiIed
descrip6ve data sufficient to enable JCA to judge If eacI'I requirement of the spegificationl i$ being ~ with.
16. SAMPI.ES
16. , . The samples submitted by biddera on itemS for which tley ha\le received an award may be retIIn8d by 1he JEA until
the delivery of contradtld items is compl.d and accepted. Bidders wtIose samples .. retained ro8Y remove Ihom
after ~ Is ..ccepted.
18.2. S8mpIes not retIi1ed must be removed _100ft IS poIIIbIe .. award has been made on the it8m or items for
which 1he samples have been submllted. JEA wit not be responsible for such samples if not r8movId by \he bidder
.tthin 30 days _1M MV8l'd has been mede. JEA reserves the right to consume any or Ill'" for testing
purposes.
16.3. Biddn..811 mike all errangements for deIiVIrY of umpIeS to place deSignated lIS well as !he removal of samples.
Ca8t of cteIIvery and rernavII of....,ples .... be borne by the bidder.
16.4. . AI sample packIges 8hII be nrtced "SIInP.t far ProanITIeIlt DepBrtmenr and HCh IImple $half bNr the n..... of
!he bidder, llem number. IfB number and _I be onUy tIggId 01' marUO in 8 subs18ntial rmmer. Failurv of the
bidder to cH1y IdenlfysampJes as indicated may be considered suffiCient reason for rejeetion of bld.
17. ERR0R8lNBlDS
BIddert or Iheir IUthcldJed ~ n IXf**d to fully infonn IhemselvesM to the concIlcna. requIIwMn. and
apec:IftoItions before submitting bids; fIi1Ure to do so will be at the bidder'8 own risk. NeiOlerIaw nor reguIaIionI mike
aIIcJMIICe for emn either of omiSSiOn or commission on tie part of bidders. In case of erfOl' of extension of price8 in 1M bid,
~the unit price Shill-govern;
18. ACDENDA
Addenda mey b8lssued prior 10 the opW1g of the bids for the purpose of ch8ngIng << clarifying the Int8nt of this doQInenl All
addInda wi! beCOme . part of '" IF8 W'Id the bldder &hd eoknowtedgtI recelpt of all addenda on !he face of bidder's bid form.
19. PO$TfQMEM!NT OF OPeNING
J~ r8IeMI the nght \0 postpone lie dati" 11mB ennounced for opening of bids. Such postpoAement may be rnadA It any
lime. to iIe tIm8 ~ for the opening of 1lidI: JEA will giVe wrttten notice of allY _ posIponen\eIlt tD eech party to
~ bid dacUmenIB have been issued. foIIo'IIId by islUlIlce of 8I11dd8ndUm confirming the chl/91g of the II1nounced dale
_ time for opft19 of bidS.
PAGE 3
SICTION '-INSTRUCTIONS TO B1DDEKS
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20. O';:;;;Ui.:, , 'q'; ~HJF 3lDDERS
. 20.1 ' :. ) , . '.: t'\;ill submit more than one bid. and reasonable grounds for believing that a bidder is interested in more
. :' 1 ~:.r ~ same work, o1her than as a subcontractor or supplier. Will cause rejection of all bids in whlc:h such
, ' ; ),!~ :'Ied to be intare&ted. An'/ or all bids will be rejected if there is reason to believe that collusion exists
_ } ", ') U A.; no pMticipants in such collusion will be considered in future bids for tile same work. EI/Ga In which
~i',:, :: ,;.,'~)l ;'.Isly are un~ced may be rejected.
20 ,2. ~L' ,; ;m :v~ iDquited to disclose the name of any public offk:lall or employees of the JEA whioh have any finallclal
p<>..i~':~1 ~1~y or iMireetly. wIIh the bid for this worit. Failure to complete and submit the "Conftlct of Interelt
eer~-jc;;!<,:,. Vth~!l applicable, will be grounds for disquaftlcatlon of the bidder.
21. SiD VAUDIiY FG1l00
The ~idder shall oot wtJMrIw a bid for a penod of 90 calendar days after \he bid opening.
22. CONFLICT OF INTEftEST
The bIddBl' shaJI compIett the -ConIIict of Intemr form included with the bid forms. if applicatlte, and return it with the bid. See
&~ 20.2. Ofsquallficatlon of BiddetS.
23. PUBUC EmrrY CRIMES
In ~~ Wh see1Ion 287.133, FlorIda Statu"', peraona or aftIIIa\eS 6&ted on the convicted vendor list may not submit a
bid to tie JEA 3Ild lne JEA ah., not make an 8W8rd to person& or 8fIIIal8S Ii8Ied on !he convicted wndor list fGr "''I
~ ~ $10,000 for a period of 38 months from the dale of being placed on 1he convicted vendor list.
24. PAYMMS
Bicl$ requir1flg ~ts prior to deIvefy of maf8rtaIs 01' &eI'YiCes will be rejected.
. 25: - E!I)O~iNt)-;AND PROTEST~R&S --- --- -- - - -- --- - -- - --
25.1, N. t"'eUr:-,~ and pl8C8 announcecs b ... o,.mg of bids, each bid from a qualifiect 'bidder which haI been receiwd
pra ~ .lhe announced time far optnIng.of bids. 8)CCI!pt those whJ.:h have been propeny wIIhdnIwn. ,.. be publicly
cpooed and read aloud. ~ of any IrreguI8rities or infonnalilies in such bids.
~,2. Cue ~ ~he brge number or bids to be opened II'ICf the nl,llMR)US it8mS contained In some bid$, auch bids will not be
~!.$d at bid opeM1g. Bids may be 1W\1ewed by lIT8R8ement With "" buyer.
2;S.3. Biddm clniring . ~ of the tabuIe60n sheet Ind .the award recommendation muat Include a st2lnped, seJf-
addre1~;;d el'IveIope with fI.. bid. If I copy of the tabulatiOn sheet is desired before awerd, then two 8U11'np8d. self-
i.'7I~;;'~ en'ielope8 must be included.
25.4. C~DS of the bids are available fer pubIlC inspection ten (10) daY$ after bid opening or on the date of award.
t~It:J~I:'i~r is earlier.
25,lj. /]'j ;:<:~c;t regarding this lF8 must be fikld In writing with the JEA Chief Purchasing Officer within seven (7) days of
" }:; bIng __ fer public 1n8pectton.
";, ~. t,' ...' ::;,' 'j;e JEA PLrchaSing Code n available upon request from the JEA Procurement Depnnent.
~ ! ,_._....' 1, . ,.~' ~ ,~~ ~:-.~;o-a
"',. 1 ':. j. . ,;. j on the C05UO JEA and compliance with the specifications.
;. .': ~ ~.. '}'::rrONS TO BIDDERS
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27. ACCEPTANCE OF BID AND AWARD OF CONTRACT
Within 90 caIInd8r days after the time announced for opening bide, JEA may aot either to accept a bid or to rejeCt III bids. In the
best intenlSt of JEA. lhe ICll8Ptance of a bid 'II1Il be evidenced by a Purchase Order or Notk;e to Pn.w;eed in writing signed by a
duly aulhori2ed ~tive of JEA. No other act of .lEA shaH consUlUte acceptance of a bid.
28. CANCaLATION
In the ewnt that. prior to the issuance of a PurchaSe Order or Nob 10 Proceed, subsequent information Indioate& that $Ugh an
8WIrd is not in the best il'IWHt of theJEA. \he right is reserved to rescind said award Without prior noUCe to bidderI, and either
awetd to another bidder or reject sIl bid$.
29. SECTION 255,05, FLORIDA STATUTES CONTRACT BOND
29.1. ThlIUCDISfUI bidder rnuat furnish . payment and perfcnnarlee end payment bond in the amount shown on ·
IrmtaIiOn b Bid, made out \0 1he .lEA, prepnd on an approved fotm, 18 security for the f8ithfUI peJfgnnInce of the
~ wIIhln ten dayI of nollflClllOn to b;dder that bldder'1 bid hIS been 8CC8I*d. The surety IhenIan mull be
such surely CGt'nP8ftY or cornpII'liIs II ant aulhoRzsd a'1d Iic8nsed to transact busln_ in the 9tat8 of Florida.
29.2. The successfvI bidder uporI failure or refusII to furnish the required perforrftlnCe and payment bond. &h811 forfeit tie
bid gunnty 81 liqUidalecI dameges for such failure or refusal.
30. EXECUTION OF CONTRACT
'The IUCD8dIl bidder sh8IeX8Qlte Iht neceaaary oomraotual nil eniering Into a conli'act with JEA, Iftd return tI'II executlJd
tDrmI.., &en. dayS of receipt of formS b U8QItiOn.Pul'Chase 0Rkn isMd by JeA normllty de> not requlrf execution by
the bidder.
31. FAILURE TO EXECUTE CONTAACT
FIIIunt ~ the part of the sua:essrut bidder to execute Ile connct . required or to perfom1 under 1tl8 PurchaIe Order will be
C8UIi8 for the tnnUIment of the awa'd and, in 1he event of 8utUlment of the award. 1M bidder shall fo1fBll" bid gunnty. The
-awn may ihele_be1MCfe~-nexl-~acr:8l>'" ~-.Ot-the.wortt readvertiset.tas bLJEAJDly_JJlGt__
S2. CON81'RUCTtON ANt) DEMOLITION DEBRIS '
CanstnICIon II1d demOIIiOn debris ~ be diIpoBId of only at approved .. WiIhIn Duval County. Only.... dIIIgnIIId by
.JIClaDMI8'1 DieGtor f:I Put* WarD may be uaed. . BIadett nut Jdentfy the *' to which con$trUCtIon and dImClIIan dIbM
under IliI ClDIdraCt wi be rBmCMd for dIIpGIII. These lilt must be f\d1er lderdied by C8ftIfic8Ie. of NeaeIIIl)' number WId
Ptdc wcm OepaI1m8nt permit mrnber. A list or approved diIpOnIlSlteS is provided In SectiOn II. SpIciII tnsruc:tanl to
, 8ldders. The bidder shaft com. the "ConttNCIOn and [)emdItion DispD88r foon provided ~ Seotion Ill, Foml of Bid. and
return it With the bid.
PAGe 5
IECmOH I.. INSTRUCTIONS TO BtDOERS
I ~,!S ~ T'';~-~=l~~>~
~ep b LUU~ 11:4(
liCTION 11- SPECIAL.INSTRUCTJONS TO BIDDERS
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/~1 1.';:, ',',r ::., j,;! In:onnatIon or cI8rifieation rt!gIrding this ~B shalt be directed to:
Pt'~;la:
r~
E..Msil ).ddP:;;s:
John ManMn
JEA
21 Watt Chumh SL 5th FIclOl'
Jrillnllll/1e. FL 322M
AOU8504335
9Q4.88S.4276
I1BIIi88Ie&GQI'1l
Jr)\ t' ""r~-. ,,,,.:'~:~:.\;'~~~)e:
J / ..', .'.'~'
./ ...:"h.......:i.
If furlher ~ytll;a,'~tDn is deemed 1KQSSiIY, JEA WilI_ each bidder Dy adcIepdum to thislFB.
2. MAHPATOR'( ~9lD M!ETING
It. rnanCal:OIY prHid meeting will be held for the ben8fit of aU lntns1Jd bidders. The pre-bId meeting WIll be held at
, Local Tn: 10:30 Ul. Day of week:.h Thursdlv Date: f\DriI13. 2000
L.ccatiCn:
JJ.A Tower. .... Floor BoMI Raom
hJdross:
21 ....t Church SInIIt. JIIIDamtiI8. FL 32202
AY in~:f biddm l'IlJst attend the pre-bid meeting and site inspeglWn. BIDDERS NOT ATTENDING WILL HAVE THEIR
alOS RETURNED UNOPENED. .
3. BIDDER QUAUflCATJON
Only bids from bldGa/1 appeartng on JEA's ReIponIllble etdders Ust for the be/oW listed category wi be opened and
conaldtrsd:
category No. 1BF. CIPP
u_ _. _ _ _ _ _ __ ___~ WaW~_~RshIbltatlan
~-_.- - ---
~
A list ~ e;..AC3l'S quaf~~ in the above reIenmced cII8gory is altaChed (Attachment A). To be considnd for ptacement on the
,,'EA's p~~ BIdders Us!, pIe8SI caB JeA Pragurement DepJttmtnt at (904) 665-7600 for infDrmltlan. NO OTHER
BIDDERS WllJ. BE ALLOWED TO BID ON THIS WORK.
.. 4. M1N1M'~ RfC'J!REMafTS
Must hM 8 payment rand perlarmance bonding capacity of at teUt $5,000,000;
Mt:8t have Installed or r8hIbIItatId at least 25,000 linear Met ore- - 12" pipe 01' conduit lIIlng the Culld in Place PIpe
(ClPP) ~od w1~ each year of 1\8 two ya' period ended in lhe month Just prior to 8UbmIttal or bid.
~ct haw installed or rehatIIIItated at leaSt 25,000 IInt:8r felt of 14" - 54. pipe or conduit using the CUred in Place
~+' (ClF1') method wittIln each year of Ihe two year period ended In the month jUst prior 1D submittal of bid.
Till! C:~ Shall have.a ~ available to meet with JEA v.ithin (8) Hours notice to InIIiate an aotion pkr\
. .. k( !,,:~;;;~. As dir8CIed by ,)EA, the Contl1dOr shall mobilize wi1h manpower. 8ClUjpmen~ and materi8IS II
I ;1 cst emergency vat wiIhIn 24 hours of the initial meeting.
;' . it.,",:,;: a copy ~ thtlr oompeny's quality ~rance ~ addres~ the pjPC8Si, employees, equipment
'.... ...,taIs as outlined In SecIIon VU. Technical SpecifiCeIiOns, ~bsection i:f"';>
4.1.
4.2.
4.3.
4.1.
tzc.
~'tlCN !l-i;r:r.;l~_L INSTRUCTIONS TO 8lDDERS
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INSITUFORM
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5. 4WARP
Award Will be made to !he lowest responsible and respon5ive bidder meeting or exceeding 5peclficationlS.
6. PRICE ADJUSTMENT
L1n1eS8 oIherWt&e mutually agreed upon by the pertiH, annual pOco aajuatment for yeilr two and eub8eqUent renewal" If anYI
stuIIl be in accaniInCe wl1h Bureau of Labor stIlIsllcs, ~ucer Prioe Indexl &erIes Catalog ID PCUBW411, Not Season8lly
Adjusted. 1ndUIiY: Water and IBW8r _y construCIiOn. The indeX used wiD be lhe unadjulllCl percent change fer 12 months
ending June P preced'lng the new year. In the Mt'lt this publlcatIon ceIRS. another index shall be mutualy IgI'IId upon.
F8inO a mutuIIy Agreeable replacernfftt indIx, the Contract shall terminate 90 days following the end of 1he then cummt ftscaJ
year.
7. TERM.
The Wm of.. Oontnd Is two y&8fS from.. of award with fiye optionll on. year renewal periods. Contraet f8n8W8/ no be
~ "'"~ to JEA and f1e JEA Con1racfDr and shill be subject to the avaltability of IawfuRy IIPf)fOl)riatsd funds afttr ~
InlIaf year of tte contract.
1ECllON.R - SPECIAL INSTRUCTIONS TO BIDgERS
PAGE 2
FROM
JUN.i3.
: j ~ .: '..;
FAX NO. :9042804162
Jun. 13 2005 08:49AM P2
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JE~i' n . . r
.'i,~.- ' .\ i\ddington
r" ..1 Technologies
1 L 1 t ":}5 Iiahway
J ~., \::.:;n/:\.~ FL 32256
fL~O'l'~It:
RE;
O.li~ 1D ~ Pi~ Uftit ~
'WCS-l23'()o
Dear ~ft. AddiD8tcm=
E1'fi:!osc:d36'C the revised orJsjN! aDd duplicate orieinal JlJI18Dd1T1~ to the contract
b4'\v~an .IEA and )'our company re1atlvO to the above IUbjeot.
TIt'~ro ~n~rn1tI& both oriBi~l. to tbi& ot1i=, p1eue have tM ~ aDd ~
ari:;:;ir.;13 ~ by aD iUthoriAd of&t;r of your company, type the name Oftbe
ofue~ urxle.f hislher signature. and attest.
IN ... f I: 1\
S!W~R
Ple~e feel free to CODtact me at (904) 66'-nM should you have any questiOftJ,
SL'i'~. ;:r:}y.
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,"~ - ,'-ilrcn Street
e. Florida 32202.3139
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04
;, Hermann
LSl;,u,c>)rm Technologies
11511 P;dips Highway S.
kc'<:icnvil!e, FL 32256
ELECTRIC
RE:
Cured In Place Pipe Unit Price
WCS-123-00
WATER
Dear Nls. Hermann:
SEWER
Enclosed for your files is the duplicate original of the fully executed contract
amendment between your company and JEA for the above referenced project.
Please feel :free to contact me at (904) 665-7284 should you have any questions.
/ _~::2-
EDen II Becker
Contracts
~.
Ene,
ef: Gerald Smith
lN01llJr Ut<M
rax :'::JU4L'::JL-::'1':RS
Jan -::. LUUO 'j:Jl
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AMENDMENT NUMBER 6 TO
CONTRACT ~ER 18228
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES
THIS AMENDMENT NUMBER 6 (this "An1endment~1 is made and ontorW
into this I -Z day of i11? ' V , 2005~ by and between. .lEA, a body
f .:
politic and corporate in Jacksonville, Florida, and INSITUPORM TECHNOLOGIES,
INe., a Delaware corporation ("CONTRACTOR").
WITNESSETH:
WHEREAS, on June 7, 2000, the parties made and entered into a Agreement
under which CONTRACTOR asreed to provide cured in place pipe unit price
construction for JEA (the "Agreement" or "Contract'') fot a not to exceed amount of
52$000,000.00 with five optional one year renewal periods.
WHEREAS, said Agreement was subsequently' amended to increase the
maximum indebtedness of JEA to $9~OOO,OOO.OO and to exercise threeiofthe five renewal
options to extend the term of the Agreement.
WHEREAS, such Agreement, as previously amended, was to temain in full force
and effect as to all its terms~ conditions and provisions as set forth therein until May 17,
2005.
WHEREAS, the parties desire to exercise the fourth renewal option and to
increase the maximum indebtedness of JEA by an additional $1,500,000.
NOW THEREFORE, in consideration of the Agreement ~d for the mutual
promises and covenants herein contained, and for other good and valUable consideration,m
the receipt and sufficiency of which is acknowledged, the parties agree that:
f
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Fax:~U42~L,)1~t:
Jan ~ LUUb ~:~L
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1 . The above stated recitals are true and correct and, by reference, are
1,' ' -elL: ,;in and made a part hereof.
Z::cept as provided herein. the terms and conditions of the Agreement, as
t".zt'J('r;-:k;.J, G.P; i::lcorporated herein and made a part hereofby ,this reference.
3. Notwithstanding the foregoing, Paragraph I of the Agreement shall be
am.e:ndod to read as follows:
1. That CONTRACTOR has been selected as the lowest and best
resp01L'lible bidder to provide to JBA Groundworb - CUI!ed In Place
Pip:: Unit Price CODStnlction and has boon award the contract for such
work during the tenn of this' Agreement which, shall be effective on
Ma.y 18, 2000 and shall continue in full force and effect until May 17. .
2006 in accordance with the plans and spccificatidms as set forth herein.
Following the completion of the initial term of this Agreement, reA, in
its sole discretion,' may rcDeW this Agreement for one (1) additional
on;}-year period, lubjl!lCt to the availability of lawfully ~priated
ftm~. .
3. Paragraph 2 shall be amended to read as follows:
2. The CONTRACfOR shall, at its own cost and expense, do the
work required to be done and furnish the materials required to be
furnished on said work in accordance with plans and specifications
approved by lEA, numb~ WCS-123.00, win. bid ope:Qing date of
May 4, 2000, designated as Oroundworks - ~ In Place Pipe (CIPP)
Unit Price Construction". and strictly in accordanc. with the
adv~nisement calling for bids, plans, specifications,. blucpPnts,
requirements of the said JEAs proposal of the said CONTRAcrOR,
a.nd a',:vard therefore, now on file in the office of the Chie( Purchasing
Officer, Procurement'Department of JBA, all 'of which' are hereby
especially referred to as "Contract Documents;' and. by reference, made
a p,,;rt hereof to the same extent as if fully set out herein, for the total
sum not to exceed Ten Million Five Hundred Thousand and Noll 00
DclJ.s.rs ($10,500,000.00) at and for the prices and on the tenns
cCltained in the CONTRACTOR's said proposal for the doing of said
..:,''''"f~ and the said award therefore~ and the. Contract. Documents
';i;-.above specifically referred to and made a part of this contract.
SAVE AND EXCEPT as hereby spccifically amended herein, the tenns
:.'. . c f the Agreement, as amended, mail remain in full force and effect.
lNS1IU~UI<M
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IN WITNESS WHEREOF. the partieS hereto have duly executed this Amendment the
day and year first above written.
~
Print or Type Name
Title
ATTEST:
Signature
5uun b. \-\ erfMO.nn
Print or Type Name
Attetl'~ C~u~.et'
Title .
By
IES, INC.
l
'Jo..mts 12. t'\o.n:sbr-O~h
Print or TyPe Nam~
') ,~(' ~ c...+ m~nClq ~
Title
I hereby certify that the expenditui'e contemplated by the foregoing Agreement ha$
been duly authorized. and provision ~ been made for the payment of the monies
provided therein to be paid.
FonuApproved:
~~,(~
Nanette Rund
Director~ Budget
lEA
!.l
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Fax:9042923198
Jan ,) LUUb ~:~1
1-".14
AMENDMENT NUMBER 5 TO
CONTRACT NUMBER 18228
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES
l ". j A:,'.ENDMENT NUMBER 5 (this .'Amendment~1 is' made and entered
J:it :)
-, j,~, ~J ",P
. <L"';:0_ day of ....J "- . '-
. 2004, by and betWeen, JEA, a body
po1itk ard corporate. in Jacksonville, Florida, and INSITUFORM 'tECHNOLOGIES
('"C C:.rntACT OR").
WITNESSETH:
'WHEREAS, on June 7 ~ 2000. the parties made and entered into a Agremmmt
under which CONTRACTOR ~ to provide cured in place pipe unit price
, .
'construction for JEA (the '.Agreement;' or "Cpntnwt'') for a not to exceed amomit of
$2,000,000.00 with five optional one year renewal periods.
WHEREAS, said Agreement was subsequently amended to increase the
maximUm indebtedness of JEA to $9,000,000.00 and to ex=-ci&e tlbe of the renewal
options to extend the tmm of the Agreement.
WJIEREAS, such Agreement, 'as previously amended, was to ,remain in full force
a."ld eff:ct as to all its terms, conditions and provisions as set forth therein until May 17,
2004.
WHEREAS, although the Agreement has expired pursuant to its terms, the
pa.1i-:.s .....>ish to am.en.d and restate the Agreement in order to ratifY the continued
perrt"n::-;,.;-f,ce of such Agreement. as amcmdcd, and to exercise the fourth renewal option to
" .,'-.e ~:.rm of the Agreement as to .all. of its terms .and conditions and to include
: t .:',; :;,s for the work;
INSITUFORM
Fax:9042923198
Jan j 200b ~:~l
I-'.l~
NOW THEREFORE, in coDSideration of the Agreement and for the mutual
promises and covenants herein con.tained, and for other good and valuable comsidcration,
the receipt and sufficiency of which is acknowledged, the parties agree: that:
1. The above stated recitals are true and correct and, by reference, are
incorporated herein and made a part hereof.
2. Except as provided herein, the tcIms and conditions of the Agreement. as
amended, are incmporated herein and made a part hereof by this reference.
3. Notwithstanding the foregoing. Section 1 of the Agreement shall be
, amended to read as follows:
.'1. That CONTRACI'OR has been selected as the
lowest and best . responB1"ble bidder to provide to lEA
Groundworks - CUred In Place Pipe Unit Price
Construction and has been award the contract for such ~ork.
during the term of this Asreement which sh~l be effective
on May 18, 2000 and shall 'continue in full force and effect
until May 17, 2005 in 'accordance with the plans and
specifications as set forth herem. Following the compl~ion
of the initial terDl of this A,greement, JE~ in its sole
diACl'etion, may renew this Agreement for one (1) additional
one-year period, subject to the availability of lawfully
appropriated funds."
, 4. The Agreement shall be. hereby amended to add the attaChed Exhibit A
that aets forth revised unit prices for the work, which such unit pricies shall be applied
retroactively to the work completed since August 1. 2002.
S. SAVE AND EXCEPT as hereby specifically amended. herein. the terms
and conditions of the Agreementt as auiend~ shalf remain in full force and effect. ,
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Fax:90429231'ge
Jan j lUUb ~:Jl
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IN ,1 \ t:'i'SS ";VBEREOF, the parties hereto have duly exeauted this Amendment the
day .1 ~2:;;:;" ,fiTGt above written.
AT
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P! &n~ f~'-p~ Name
fuJ~~ 5~. ~~<
Title
JEA
By '-':R~~
James A. Dickensbn
Chief Operating Officer
.lEA
ATnST:
. INSITUFORM TECHNOLOGIES, INC.'
,
By'
Signature
1"1I"'~1 f.,i~RdtMt1 T,-",
Print or Type Name
J)&:1;P,~.,.. At!AN4t:"'(
Title '
'"
5u~ t,. "~Y)
Print or Type Name
.f\tttsfl f'YjC ~t tif
Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the foregoing Agreement has
been duly authorized. and provision has. been made for the payment of the monies
provided therein to be .paid.
~ ...~~ ~ J2~. .../-
Nanette Rund ,
Director. Budget .
JEA
Form ApproVed:
-~=~
Oi:Jce e1' G';:2.erw Counsel
INSITUFORM
Fax:9042923198
Jan 6 2UUb ~:~U
r'. 11
AMENDMENT NUMBER 4 TO
CONTRACI' NUMBER 18128
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES
TBIS AMENDMENT NUMBEll4, made and entered into this ;;;)J,no\ day of
~ . 2003, by and between, JEA, a body politic and corporate in
Jacksonville, Florida, and INSlTUFORM TECHNOLOGIES ("COI1fI'RACTOR'j,
WITNESSETH:
WHEREAS, on June 7, 2000, the parties made and entered into a Agreement
under which CONTRACTOR agreed to provide cured in place pipe unit price
construction for JEA (the "Agreement" or "ContraCt") for a not to exceed amount of
$2,000,000.00 with five optional one year renewal periods; and
WHEREAS, said Agreement waS subsequently amended to increase the
maximum indebtedness of JEA to $8,000,000.00 and to exercise twO of the renewal
options;
WHEREAS, such Agreement remained in full force and effeCt as to all its termS,
conditions and provisions as set forth therein until May 17, 2003; and
WlIEIlEAS, JEA and CONTRACTOR deaire to $tifr the e~pired contrsot and
incorporate it herein as if set out in its entirety. exercise the third one year renewal optio~
and to increase the maxilnum indebtedneu of JEA by an additional $1',000,000.00; now
therefore
IN CONSIDERA nON of ~ Agreem.ent.and for. the mutual promises and
covenants herein contained, and for other good and valuable oonsidenUion, the parties
.agree that~
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Fax:9042923198
Jan 3 2006 ' 9:50
P. 12
rnle above stated recitals are true and correct and, by reference, are
_ '" ~ . ,'. In and made a part herebf.
2_ :: ;/iaraPh 1 shall be amended to read as follows:
~;1. rhat CONTRACTOR is the lowest and best responsiple bidder for
Groundworks - Cured In Place Pipe Unit Price Construction for JEA for
period May 18, 2000 through May 17 J 2004 in accordance with plans and
specifications hereinafter Teferred to, and has been awarlied, the contract
for said work. Following the completion of tlW initial teIm of this
Agreement JEA in its sole discretion. may renew this J\greement for two
additional one year periods, subject to the availability of lawfully
appropriated funds."
3. Paragraph 2 shall be llIIJetlded to read as follows:
"2. The CONTRACTOR shall, at its own cost and expense, do the work
required to be done and furnish the materials required to be,furnished on
said work in accordance with plans and specifications approved by lEA,
numbered WCS-123-OO, with bid opening date of May ~~ 2000~ designated
as Groundworks - Cured In Place Pipe (CIPP) Unit Pri(fe Construction"
and strictly in accordance with the advertisement calling for bids, plans,
specifications,blueprlnts. requirements of the said JEAJ proposal of tile
said CONTRACTOR, and. award thermor~ now on file in the office of the
Chief Purchasing Officer, Procurement Department of lEA,aU of which
are hereby especially referred to lIS "Contract'Doownenbs" and~ by
reference, made a part hereof to the same extent as if fully set out herein,
I
for the total sum not to exceed Nine Million and Noll 00 Doll81'S
($9,000,000.00) at and for the prices and on the tenns contained in the
CONTRACI'OR', saidpreposal--forthe doing of said work and the said
"'yard therefor, and the Contraet Documents hereinabove 15pecifica1ly
l ';terred to and made a part of this contTact."
INSITUFORM
Fax:9042923198
Jan j 20Ub ~:~U
t-'.U
SAVE AND EXCEPT as hereby specifically amended herein, the tenns and
conditions of the June 7, 2000 Agreement, as amended, shall remain m full force and
effect.
ATI'EST:
JE.A
By
~
James A. Dickensbn
Chief Operating pm
flroU'~~~rl ,AG5,c..
Title
JEA
,~
lNSITUFORM TECHNOLOGIES, INC.
By-i~IlN
Jame~ R.HansbrOl.JStl
Print or Type Name
ATfEST:
!ulan upMermBm
Print. or Type Name
Contracting S. Attest ing Officer
Title
Oi strict Manage" i
Title
coNTRACTOR
I hereby certify.tbat the expendi~ contemplated by the foregping Acreement bas
been duly authorized. and provision has been made for the payment of the monies
provided therein to be paid.
----') ~..~ 'L. ~~..-/
Nanette Rund ,
".~,'Budget '
JEA
f
Ir,iSI-:IXC::;Jl
Fax:9042923198
Jan 3 2006 9:49
P.08
AMENDMENT NUMBER 3 TO
CONTRACT NUMBER 18228
BETWEEN JEA AND
lNSITUFORM TECHNOLOGIES
i.
, __~ r) ;"'t \;..
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fENDMENT NUMBER 3, nwie and entered into thfs..J 7 day of
~ 2002, by and between, JEA, a body politic and corporate in
Jrxk2;.)::wm~. Florida, and INSITUFORM TECHNOLOGIES e'CONTRACTOR").
WITNESSETH:
WHEP..E.AS, on June 7, 2000, the parties made and entered into a Agreement
undor which CONTRACTOR agreed to provide OU1'ed in plaoe pipe Uftit prioe
construction for nA (the "Agreemenf' Qr "Contract'') for a not to exceed amount of
$2,000,000.00 with five optional one year renewal periods; and
'WBEREASt said Asreement was subsequently amended to inqrease the
maximum indebtedness of lEA to $6,000,000.00.
'YHEREAS, the JBA desires to exercise the one year renewal option and to
increase L'1e maximum indebtedness of J'BA by an additional $2,000,000.00; now
therefore
IN CONSIDERATION of the Agreement ai1d for the mutual promises and
COVeMnt3 herein contained, and for other good and va1uableconsideration~ the parties
agree that:
1.
The above stated recitals are true and correct and. by rotcrencc~ arc
,",.-
..
~:d '::.;r~in and made a part hereof.
/;
?J.t'agraph 1 shall be amended to read as follows:
INSITUFORM
Fax:9042923198
Jan 3 2006 9:49
P.09
"1. That CONTRACTOR is the lowest and best responsible bidder for
Groundworks - Cured In Place Pipe Unit Price Constmetion for JEA for
period May 18,2000 through May 17t 2003 in accordance with plans and
specifications hereinafter referred to, and has been awarded the <oontract
for said work. Following the completion of the initial tcim of this
Agreement, JEA in its sole discretion. may renew this Agreement for four
additional one year periods, subject to the availability of lawfully
appropriated funds. n
3. Paragraph 2 shall be ametKled to read as follows:
''2. The CONTRACTOR Bhallt at its own cost and expense, do the work
required to be done and tumish the materials required. to beJurnished on
said work in accordance With plans and specifications approved by JEA,
numberedWCS-123-00. with bid opening date of May 4t 2000t designated
as Groundworks - Cured In Place Pipe (CIPP) Unit Price Construction"
and strictly in accordance with the advertisement calling ror bids. plans.
specifications, blueprints, requirements of the said JEA,iproposal of the
said CONTRACfOR. and award therefor, now on file in the office of the
Chief Purchasing Officer. Procurement Department of.TEA, all ofwbich
are hereby especially referred to as "Contract Documents" and. by
reference, made a part hereof to 1he same extent as if fWly set out herein,
E\~t'<< ~- :
for the total sum not to exceecf~e MiDi~' and Noli 00 Dollars
(58,000,000.00) at and for the prices and on the tcnns contained in the
CONTRACTOR's said proposal for the doing of said work and the said
award therefor, and the Contract Documents hereinabove specifically
referred to and made a part of this contract. tt
SAVE AND EXCEPT as hereby speci1iQally amended herein, the terms and
conditions of the Jun~ 7. 2000 Agreement. as amended. shall remain in full force and
effect.
INSITUFCR!~
Fax:9042923198
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1Pl' '{U,tJ
Pri:o.t or Type Name
Title
ATI'EST:
~q~
Signature
SUzan G. Hernnam
Print or Type Name
Contract 1f9 &
Attesting Officer
.
Title
Jan S 2UUb 9:~U
~.1U
B!1/~
Walter P. Bussel~
CEO &. Mana~ Director
JEA
INSITuFORM TECHNOLOGIES, INC.
ByJto 14W:.. .
SignatUre :' .
Richlrd T. Howton
Print or Type Nafue
Contl"actirg & ,
Attesting Officer
Title
CONTRACI'OR
I hereby certify that the expenditure contemplated bt the foregOing Agreement bas
been duly authoriz~ and provision has been made for the payment of the monies
provided therein to be paid.
~....r;n,,~, ved:
fa .A,
':t' III \ /11<1
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. (.J.:._;~",.. OIl..en....8 OtmSe
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< Nanette Rund
Director, Budget :
reA
INSITUFORM
Fax:9042923198
Jan 3 2005 9:49
P.05
AMENDMENT NUMBER 2 TO
CONTRAct NUMBER 18228
BETWEEN JEA AND
INSITUFORM:TECBNOLOGmS
THIS AMENDMENT NUMBER 1, made and entered into this.~ day of
~
. 2001, by and betWeen, JE~ a body politic and porporate in
Jack8onYille, F1ori~ and INSITVFORMTECBNOLOGIES ("CONTRAcrOR"),
WITNESSE1iI:
WHEREAS, on June 7, 2000, the parties made and entered into a Agreement
under wbidl CONTRACI'OR aped to provide CllIW. in placo pipo unit prico
construction for JEA (the uAgreement" or "Contractj for a not to exceed amount of
$2,000,000.00; and
WHEREAS, said Agreement wu subsequently amended to increase the
maximum indebtedness of JEA to $4,000,000.00.
WHEREAS, the parties asree that said Apement should be amended again to
incnsase the maximum indebtedness of JBA by an additional $2,000,000.00; now
therefore
IN CONSIDERATION of the .Apement and for the mutual promises and
covenants herein contained, and for other good and valuable consideration, the parties
agree that:
1. The above stated recitals are true and correct and. by reference, are
mSITur:-C?fj
Fax:9042923198
Jan 3 2006 9:49
P.06
~.~i,j work in accordance with plans and specifications approved by JBA,
I
~t\,nbered WCS-123-o0, with bid opening date of May 4~ 2000, designated
E1J (3roundworks - Cured .In Place Pipe' (CIPP) Unit Price: Construction"
n.nd 5trictly in accordance ~th the advertisement calling for bids, plans,
sp~(;i.fioations, blucprima, requirements afthe said JBA, proposal o/the
said CONTRACI'OR,.andaward therefor, now on file in the office of the
ChieiP\l.Nhasing Oftioer, Procurement Department of JE;A, all of which
are hereby especia11y refe&red to u .'Contract Documents:' and, by
reference, made a part hereof to the same extent as iffuUy set out herein,
for the total mm:not to exeeed Six Million and No/}0o Dbllars
($6,000,000.00) at mcl for the prices and on the tenus contained in the
CONTRACfOR'.said prOposal for the doing of said work and the said
award therefor, and the Contract Documents hereinabove specifically
referred to and made a part of this contract."
SAVE AND EXCEPT as hereby specifically amended herein, t4e terms and
conditions of the June 7, 2000 Aareement, as amended, shall remain in fUll force and
effect.
ATTEST:
JEA
Signature
By
Walter P. .Buasells
CEO & Manag;l1g Director
Print or Type Name
JEA
Title
_i\TT~~J~r:
INSITUFORM TECHNOLOGIES, INC.
,
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--Signature '
.~
INSITUFORM
Fax:904L92,)19~
Sun" C. Herrmann
Print or Type Name
COntract ADministrator
-
ntle
Jan ,) lUUb ~:4~
I-'.U(
Todd AII~
.J
Print or Type Name
Regional ,vice Pr.sident
Title
CONTR.A.CTOR
I hereby certify that the expenditure contemplated by the forego~ Agreement
has been duly authorized. and provision bas been made for the payment .of the monies
provided therein to be paid.
OfOeneral Counse17-'-3..t)/
Robert Dix
Controller
JEA
IHSITUFCR~1
Fax:9042923198
Jan ,) L'UUb ~:48
P.UL'
AMENDMENT NUMBER 1 TO.
CON'I'RACI' ~ER 18228
BETWEEN JEA AND
INsrruroRM TECHNOLOGIES
TIJ13 ./~,lENDMENT NUMBER 1. made and entered into this:lSt..- day of
1L~::YKb e.r . 2000. by and between, a body politic and corporate in
JaWomine, Florida, and INsrruFORM TECHNOLOGIES ("CON1!R.ACI'OR"').
WITNESSETIf:
WHEREAS. on June 7, 2000, the parties made and entered into 'a Agreement
under which CONTRACTOR aar= to provide omed in place pipe unit price
construction for JEA (the "Agreement" or "Contract"); and
WHEREAS. the parties agree tbBt said Agreement shOuld be I1Iien4ed to ~
the maximum indebtedness of JEA by an additioDa1 $2,000.000.00; now,thetefore
IN CONSIDERATION of the Agreement 8I1d for the mutual piomises and
covenants herein contained, and for other good and. valuable Consideration, the petties
agree that:
1. The above stated recitals are true and correct and, by reference, . are
incorporated herein and made a part hereOf:
2. Paragraph 2 sbat1 be ameDC.'W. to read as foUoWJJ:
"'2. '!be CONTRACTOR. sball, at its own cost and cxpieDse, do the work
required. to be doDe and Nmish the materials required to' be fimJ,ished on
said work in accordance with plans and specifications approved by lEA,
I
nu~ WCS-123-00.. withbkiopenq date of May 4, 2000, d~
.'-'1 Groundworks - Cured In Place Pipe (CIPP) Unit Pri4e Consttuction"
~:,' 1 strictly in accordance with the advertisement calliDg for bids, plans,
INS I TUFORM
Fax:9042923198
Jan 3 2006 9:48
P.03
specl:6catious, ~ requiremmlts of the said JEA., proposal of the
said CONTRACfOR, and award therefOr. now on file ~ the office oftbe
ChiefPurr.bQing Officer. ProcurmneDt. Depert!Oem of.TEA. all ofwhich
ate hereby especially ~ to as "CoJttraCt 1)oCumeDts" aDd, by
reference.. made a part bereofto the ~ extent as if fullY set out herein.,
fur the total sum DOt to exCeed Four Million and NollOO DoDem
(S4~OOO~OOO.OO) at and for the prices and on the terms contained in the
CONTRACJ'OR'. said proposal ibr the doing of said work aDd the said
awsrd therefor. and the CoDtrad Documents hereinabove speci:6cal1y
reterred to and made a part of this contract."
SAVE AND EXCEPl' as hereby Speci&aIly --'-cd herein, the tenus and
conditiPns oftbe June 7. 2000. ~ sball remain in fullfurce and effect.
ATfEST:
JEA
By
Walter P. BusseUs
CEO & M,napg Director
signature
Print 01' Type N.-
.lEA
Title
ATIEST:
INSITUFORM TECHNOLOGIES, INC.
Suzsn C. Hernnam
Print or Type N8UIe
By~~
Todd Allsup
Print or Type Name
~. Cj..~~
S.
Coot Act ,tan. n.i :s t rator
Title
Regi..l Vice Pre~icfent
Title
CONTRACTOR
....\1,2"-.-1 ..
J,II. _, '~
Fax:9042923198
Jan ,) L'OUb ~:4~
I-'.U4
I ': ',':"t (, i'..ttifY that the expeuditure contemplAted by the 1breao~ Agreement has
'~r'-~Ij ,-l'};Y" "'~ff' -~ ~M"'bas "'---made ~rtbe ~ Of6L";',' mo' mesO
4.J "-;.d... . ",... ;'.'.V"""..., a&N J#6V ....~4I- ~ W y.a".,....,.... ua;;
.' l' . 'paid.
n, '0" "~ - ,,0' f" ~~ "1 ,<" ,.".
r-r.",J /~''''''''~ +.....,...,\'0>'"'-\.0 ..,.oL/ L.;'C;j
Robert nix
Controller
JEA
VI.-CONSENT AGENDA
ITEM 8.3.
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 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
~ September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presenta tions 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve a contract for Bid# 054-2413-06/CJD, CONSTRUCTION OF THE
INTRACOASTAL CLUBHOUSE PAVILION to Brang Construction Inc. of Florida in the amount of: $3,097,000.00
with a contingency of $309,700.00.
EXPLANATION: On August 22, 2006, Procurement Services received and opened three (3) proposals. The proposals
were evaluated by our design Consultant CH2M Hill, as well as our Engineering Department and it was determined
that Brang Construction Inc. of Florida was the lowest, most responsive, responsible bidder who met all specifications.
David Stump, Senior Project Manager concurs with this recommendation (see memo#06-099).
PROGRAM IMPACT: The purpose of this bid is to construct a clubhouse within the Intracoastal Park for social and
educational events. The construction of a 12,800 square foot under roof pavilion to be of a two story design with
approximately 5500 square feet of decking and balconies.
FISCAL IMPACT:
Account Description:
CIP Building Improvements
Account#:
302-4223-580-62-01
Expenditure:
$3,406,700.00
AL TERNA TIVES: The alternative would be not to build this clubhouse at this time and pay additional building costs
at a later date. The pur se of this clubhouse is also to generate revenue by holding s ecial ev ts.
l
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: David Stump - Sf. Project Manager
Wally Majors - Recreation Director
File
1
2 RESOLUTION NO. R06-
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING A CONTRACT
6 FOR BID #054-2413-06/CJD TO BRANG
7 CONSTRUCTION, INC., FOR THE CONSTRUCTION
8 OF THE INTRACOASTAL CLUBHOUSE PAVILION
9 IN THE AMOUNT OF $3,097,000.00, PLUS A
10 CONTINGENCY IN THE AMOUNT OF $309,700.00
11 FOR A TOTAL PROJECT BUDGET
12 APPROPRIATION OF $3,406,700.00; AUTHORIZING
13 THE CITY MANAGER TO EXECUTE CONTRACT
14 DOCUMENTS; AND PROVIDING AN EFFECTIVE
15 DATE.
16
17 WHEREAS, three (3) proposals were received and opened by Procurement
18 Services on August 22, 2006, for the construction of the Intracoastal Clubhouse Pavilion
19 and together with the City's design consultant, CH2M Hill, staff is recommending the
20 award to Brang Construction, Inc., as the lowest, most responsive, responsible bidder who
21 met all specifications.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
24
25 as being true and correct and are hereby made a specific part of this Resolution upon
26 adoption.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida,
28 hereby approves the award of Bid #054-2413-06/CJD to Brang Construction, Inc., for the
29 construction ofthe Intracoastal Clubhouse Pavilion.
Section 3.
The City Manager is authorized to execute a contract in the amount
30
31 of $3,097,000.00 plus a contingency of 10% in the amount of $309,700.00 for a total
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Intracoastal Clubhse (Brang Const).doc
project budget appropriation of $3,406,700.00, a copy of said Contract is attached hereto
2 and made a part hereof.
3
Section 4.
That this Resolution shall become effective immediately.
4
5
PASSED AND ADOPTED this
day of
,2006.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ATTEST:
24
25
26 City Clerk
27
28 (Corporate Seal)
29
30
31
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Intracoastal Clubhse (Brang Const).doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-099
TO:
Bobby Jenkins
Assistant to the Finance Director
Financial Services Department <
H. David Kelley, Jr., PE/PSM ~-
City Engineer .
Public Works Department/Engineering Division
David Stump ~
Senior Project Manager
Public Works Department/ ngineering Division
ttt:.ct\'1EO
St.? \} G ~
~
THRU:
FROM:
DATE:
September 1, 2006
RE:
INTRACOSTAL PARK PAVILION
BID #054-2413-06/CJD
RECOMMENDATION OF AWARD
Bids were received and publicly opened for the above noted project on August 22, 2006 with
Procurement in attendance. Out of four (4) potential contractors, three submitted bids. Our design
consultant CH2M-HILL has reviewed the bid package submitted by the two (2) lowest bidders and found
bid packages complete. The apparent low bidder was Brang Construction, Inc. of Florida with a proposed
bid of $3,097,000.00 (Three Million Ninety-Seven Thousand Dollars.)
CH2M-HILL has also checked the references submitted by the proposed low bidder. Attached is the
original letter from our consultant.
Based upon the bid package, our consultant's September 1 letter recommends the award for this project
to Brang Construction. This office concurs with the recommendation. We would appreciate your award to
Brang Construction, Inc. of Florida in the amount of $3,097,000.00 and a contingency of $309,700.00.
The Account # is 302-4223-580-62-Uand the Project # is CP 0506.
Please present this recommendation to the City Commission for their approval.
In the event additional future information is required please call me at ex!. 6986,
Xc: Jeff Livergood, PE, Director of Public Works
Wally Majors, Director of Recreation and Parks
File
S:\Engineering\ Memorandums\Memorandums 2006\06-099 STUMP-Recomendation for Intracoastal Park Pavilion,doc
CH2M HILL
One Harvard Circle
. CH2MHILL
.~
West Palm Beach, FL 33409-1923
Tel 561.515.6500
Fax 561.515.6502
September I, 2006
330417.LS
David Stump
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, Florida 33425-0310
Subject: City of Boynton Beach
Intracostal Park Pavilion
Bid #054-2413-06/CJD
Bid Recommendation
Dear David:
Bids were received and publicly opened and read aloud on August 22, 2006 for the above
referenced project. Of the four (4) General Contractors that were present at the Pre-Bid
Meeting, three (3) actually submitted bids. Sessoms Construction replied that they were a no
bid for this project.
We reviewed the Bid Submittal of the three (3) bidders. The apparent low bidder, Brang
Construction, Incorporated submitted a bid of $3,097,000.00.
The Bid Package submitted was complete and appears to be a responsive bid in accordance
with the Contract Documents.
Reference check's gave favorable comments in all aspects of their working relationships
with Brang Construction, Inc. and would recommend them on future projects.
Therefore based on our review of the Bid Submittal, the positive reference feedback and the
assumption that Boynton Beach will find the bid submittal complete and in proper order,
we recommend that Brang Construction, Inc. be selected as the successful low bidder.
Should you have any questions, please call.
Sincerely,
~;-~
, James M. Rabideau
Project Manager
WPB\A wardRecommendation_090106.doc
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BID TITLE: CONSTRUCTION OF INTRACOASTAL PAVILION CLUBHOUSE
BID NUMBER:#054-2413-06/CJD
PROJECT NUMBER:CPO 0506
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 20th day of September, 2006, by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "CITY" or "OWNER" and Brang Construction, Inc.
a Florida Corporation L-)
a Florida General Partnership L-)
a Florida Limited Partnership ~
a Sole Proprietor ~
Check One
hereinafter called "CONTRACTOR",
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
CONSTRUCTION OF INTRACOASTAL PAVILION CLUBHOUSE
NAME OF BID
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 22nd day of August, 2006, for the total bid amount of $3,097,000.00;
and,
WHEREAS, On the 19th day of September, 2006, 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 300 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, 12/30/03
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 III 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. Perfoqn 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.
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
C - 3
Utilities Department
Rev, 12/30/03
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 300
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
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
C-4
Utilities Department
Rev. 12/30/03
as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $2,000.00 per dav 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 300
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.
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
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Utilities Department
Rev, 12/30/03
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.
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.
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Utilities Department
Rev. 12/30/03
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is David Stump.
11.2. The Project Engineer shall have general supervision and direction of the work,
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing, He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12,1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
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.
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Rev, 12/30/03
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIME/NO DAMAGES FOR DELA Y.
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.
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.
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Utilities Department
Rev. 12/30/03
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
)
) sis:
County of Palm Beach
)
On this day of , 20_, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
C-9
Utilities Department
Rev, 12/30/03
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.l.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August], 2006 July 17.2006 (Noon) 0 October 3. 2006 September 18,2006 (Noon)
0 August 15,2006 July 31. 2006 (Noon) 0 October] 7,2006 October 2, 2006 (Noon)
J
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0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October] 6,2006 (Noon) -.'
~:::''Il
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[2J 0 November 6, 2006 (Noon) ,,- ) --
September 19, 2006 September 5, 2006 (Noon) November 2]. 2006
'-, ~
0 AnnouncementslPresentations 0 City Manager's Report ~ ",,'
NA TURE OF 0 Administrative 0 New Business (J]
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AGENDA ITEM [2J Consent Agenda 0 Legal f~~~.~
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0 0 " ..
Code Compliance & Legal Settlements Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve Resolution appointing the Supervisor of Elections to handle and canvas
all City absentee ballots for the November 7, 2006 General Election, and if necessary, a Run-Off Election which
would be held on November 21, 2006, to represent the Municipal Canvassing Board at all logic and Accuracy tests
and certify election results.
EXPLANATION: This Resolution is required by the Supervisor of Elections so that he may handle the City's
absentee ballots for the General Election and a run-off election, if the need arises. The Supervisor of Elections
will also represent this City at the testing of the election equipment el&A Tests) and provide the certified election
results.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not appoint the Supervisor of Elections and the Municipal Canvassing Board
would be required to handle and canvas the ballots as well as attending the logic and Accuracy testing at the
Supervisor of Elections Office.
, m. p~~
City Manager's Signature
~
City Clerk's Office
Assistant to City Manager
~
Department Name
City Attorney / Finance
S:\CC\WP\ELECfION\year 2006 Elections\Memos\Agenda Item Request for Handling & Canvas of Absentee Ballots for 11-07-06 Election.dot
I RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
S THE PALM BEACH COUNTY SUPERVISOR OF
6 ELECTIONS TO HANDLE AND CANVAS ALL CITY
7 ABSENTEE BALLOTS FOR THE NOVEMBER 7, 2006,
8 GENERAL ELECTION, AND IF IT BECOMES
9 NECESSARY, A RUN-OFF ELECTION, WHICH WILL
10 BE HELD ON NOVEMBER 21, 2006, TO REPRESENT
11 THE MUNICIPAL CANVASSING BOARD AT ALL
12 LOGIC AND ACCURACY TESTS, AND CERTIFY
13 ELECTION RESULTS; AUTHORIZING THE CITY
14 CLERK TO NOTIFY THE PALM BEACH COUNTY
15 SUPERVISOR OF ELECTIONS OF HIS
16 APPOINTMENT; AND PROVIDING AN EFFECTIVE
17 DATE.
18
19
20 WHEREAS, the City of Boynton Beach has designated Tuesday, November 7, 2006,
21 as the date for the next General Election, and if it becomes necessary, a run-off election
22 which will be held on November 21, 2006; and
23 WHEREAS, the City Commission of the City of Boynton Beach desires to appoint
24 the Palm Beach County Supervisor of Elections to handle and canvas all city absentee ballots,
2S certify election results, and represent the municipal canvassing board at all logic and accuracy
26 tests to be held prior to the November 7, 2006, General Election and if it becomes necessary,
27 a run-off election which will be held on November 21, 2006.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 Section 2. The City Commission of the City of Boynton Beach, Florida does
S:\CA \RESO\Appointments\Supervisor of Elections 2006,doc
hereby appoints the Palm Beach County Supervisor of Elections to handle and canvas all city
2 absentee ballots for the November 7, 2006, General Election, and ifbecomes necessary a run-
3 off election which will be held on November 21, 2006, represent the municipal canvassing
4 board at all logic and accuracy tests, and certify election results.
5
Section 3.
The City Commission hereby authorizes the City Clerk to notify the
6 Palm Beach County Supervisor of Elections of his appointment to handle and canvas all city
7 absentee ballots and represent the municipal canvassing board at all logic and accuracy tests
8 to be held prior to the election.
9
Section 4.
That this Resolution shall become effective immediately upon passage.
10
PASSED AND ADOPTED this _ day of September, 2006.
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27 ATTEST:
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30 City Clerk
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32 (Corporate Seal)
33
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA \RESO\Appointments\Supervisor of Elections 2006,doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
VI.-CONSENT AGENDA
ITEM C.2.
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon,) 0
0 August 15,2006 July 31, 2006 (Noon) 0
0 September 6, 2006 August 14.2006 (Noon) 0
~ September] 9,2006 September 5, 2006 (Noon) 0
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
October 3.2006 September 18,2006 (Noon)
October 17,2006 October 2, 2006 (Noon)
November 8, 2006
October 16, 2006 (Noon)
.__n_,
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--I
November 21, 2006
November 6, 2006 (NoOff)...
NA TURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
~ Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
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o City Manager's Report
o New Business
o Legal
o Unfmished Business
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RECOMMENDATION: Accept agreement between Palm Beach County and the City for funding of the 2006 Heritage
Festival.
EXPLANA TION: Palm Beach County has agreed to reimburse the City up to $3,700 to assist with costs for the Boynton
Beach Heritage Festival held during the month of February 2006. The funding is from the Recreational Assistance Program,
District 7, The project reimbursement period is from January 25, 2006, to September 30, 2006, and all expenses eligible for
reimbursement must have been incurred during that time. Expenses eligible for reimbursement include contractual services
and miscellaneous expenses associated with the event.
PROGRAM IMPACT: This reimbursement will return $3,700 to the City that could help offset the expenses of the 2007
Heritage Festival.
FISCAL IMPACT: Will return $3,700 to the City.
AL TERNA TIVES: Not accept agreement.
Public Affairs
W~"b~~,-<:,
Depart t He Signature
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC
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RESOLUTION R06-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON
BEACH, PROVIDING FOR FUNDING TO OFFSET
COSTS OF THE 2006 HERIT AGE FESTIVAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach sponsored the annual Heritage
12
Festival during the month of February 2006, to provide a cultural celebration to
13
motivate, empower and inform the public of the ties that bind the Boynton Beach
14
community together through education and enjoyment ofthe arts; and
15
WHEREAS, the City has requested an amount not to exceed $3,700.00 to
16
offset the costs for contractual services and miscellaneous expenses for the 2006
17
Heritage Festival and the County is desirous of providing funding in an amount not
18
to exceed $3,700.00 to assist the City in this event.
19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
20
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing "WHEREAS" clauses are true and correct and
22
hereby ratified and confirmed by the City Commission.
23
Section 2.
The City Commission of the City of Boynton Beach does
24
hereby authorize and direct the Mayor to execute an Agreement between Palm
25
Beach County and the City of Boynton Beach, for funding to offset the costs of the
26
2006 Heritage Festival, a copy of said Agreement is attached hereto as Exhibit "A",
27
Section 3.
That this Resolution shall become effective immediately upon
28
passage.
S:\CA\RESO\Agreements\lnterlocals\Heritage Festival 2006 funding,doc
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PASSED AND ADOPTED this _ day of September, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
ATTEST:
Commissioner - Muir C. Ferguson
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\lnterlocaIS\Heritage Festival 2006 funding.doc
Department of
Parks and Recreation
2700 6th Avenue South
Lake Worth. FL 33461
(561) 966-6600
FAX: (561) 642-2640
www.pbcgov.com
.
Pabn Beach County
BOard of County
Commissioners
Tony Masilotti, Chairman
ddie L Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H, Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
@ print9d on recyc/9d paper
~~~
JUL I '
July 13, 2006
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM (RAP)
FUNDING AGREEMENT FOR THE 2006 HERITAGE FESTIVAL
Dear Mr. Bressner:
Attached for execution on behalf of the City of Boynton Beach is an
Agreement in an amount up to $3,500 to assist with costs for the Boynton
Beach Heritage Festival held during the month of February 2006. This
funding is from the Recreation Assistance Program (RAP) District 7.
The Project reimbursement period is from January 25, 2006 to September
30, 2006, and all expenses to be reimbursed must be incurred within that
time frame. Expenses eligible for reimbursement include contractual seNices
and miscellaneous expenses associated with the Heritage Festival events.
Please obtain signature of this Agreement on behalf of the City of Boynton
Beach as soon as possible, attach a certificate of insurance, and return both
originals to me for placement on the agenda for approval the Board of
County Commissioners. Leave Exhibit B to the Agreement blank at this time.
It should be submitted after approval of the Agreement by both the City and
the County.
If you have any questions on the Agreement, you may contact Susan Yinger,
Administrative Support Manager, at 966-6653. On behalf of Commissioner
Addie L. Greene and the Board of County Commissioners, we are pleased to
again assist Boynton Beach with costs for this annual community event.
~'.~
Den~man, Director
Parks and Recreation Department
DLE:SWY
Attachments - Two RAP Agreements for Execution and Return
Copy to:
Commissioner Addie L. Greene, District 7
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P,?ge 11
Recreation Assistance Program (RAP)
Exhibit" A" to Agreement
BACKGROUND INFORMATION
Name and address of Municipality: Boynton Beach
1 00 E. Boynton Beach Blvd.
Boynton Beach, FI. 33435
Name of Municipality: City of Boynton Beach
Mailing Address: P.O. Box 310
Boynton Beach, FI. 33425-0310
Name of Mayor: Jerry Taylor
Name of City Manager: Kurt Bressner
Project/Project Liaison Information:
Name: Wayne Segal
Telephone #: 742-6000
Fax #: 742-6233
e-mail: Segalw@ci.boynton-beach.fl.us
PROJECTIPROGRAM INFORMATION
1. Name of Project/Program: 2006 Heritage Festival
2. Project/ Program Description
· General (Project Scope):The mIssIon of the HeritageFest is to
promote cultural diversity that exists in the City of Boynton Beach
while celebrating each culture's splendor through sports, music,
dance and other art forms. The goal of the education component is
to present opportunities for students to leam through research and
presentation the contribution of minorities have made in the world
of math and science. Academic games allowed the participants to
"show off" their acquired knowled,ge in an encouraging atmosphere.
· Public Purpose: To provide a celebration that motivates,
empowers, and informs the public of the ties that bind our
community together through the enjoyment of arts, and education.
This month long celebration encourages families to come together
and promote cultural diversity while providing events that are family
friendly and bridge the generation gap.
· Location: Various arenas throughout the city of Boynton Beach.
Boynton Beach Women's Club (Book Signing and reception)
Boynton Beach Civic Center (Art in the Park, Student Contests)
EXHIBIT A
Page 1 of 2
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Ezell Hester Community Center (Soccer Tournament)
St. John Missionary Baptist Church/RM Lee CDC (Student Awards
Reception)
Wilson Park (Walker Brothers Circus)
. Anticipated Number of Participants/Users: 4000 persons
3. Project/Program Elements: List anticipated broad categories of
Expenditure Items such as capital outlay, contractual services, personnel
costs, operational expenses, equipment, and "Other Miscellaneous
ProjecVProgram expenses". Do not include expenditure line item budQet/
amounts.
Contractual services
Miscellaneous Expenses
~3, 7()O. 00 I "I
$ 3,500.00-
4.
Estimated Lump Sum Total for Project/Program
5. Project/Program Initiation date (date of first invoice for which
reimbursement will be requested) and End date (date which
projecVprogram will be completed and all invoices paid). This will become _
the project time frame. January 25.2006 to AoFil2e. 2008 ..ser+ev"p~r ~O, 2.d:b
month/day/year month/day/year
Note: Invoices and copies of proof of payment documents are required for
ProjecVprogram reimbursement. All invoices and checks must be dated within
the stated project/program time frame AND Categories for projecVprogram
Elements must be listed in Section 3 above in order to be eligible for RAP
reimbursement.
6. Required Attachments:
Certificate of Insurance (previously submitted)
Amount of Recreation Assistance Program Funding awarded
/~~:::)()O/~
District 7
(filled in by county)
Form available online by request. Contact Susan Yinger at svinoer@pbcoov.com
EXHIBIT A
Page 2 of 2
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PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
EXHIBIT B
CONTRACT PAYMENT REQUEST
~~/t? f)LJtJ(,
Date
Grantee CrrY t; P ~/.) VIVT/.;?A/ Ae/jC1f
Project Name: cJtJCJh //f/?/T/9<tJ-k r~SZ7I//.
Submission #:
Reimbursement Period: --I/-t/V ,;lO-S/CPT 3/J .;2c:!cJ/
/
Cumulative
Project Costs
co(J q '1 t:J . ..y tP
/ CJ t?3 _,1~~
TOT AL PROJECT COSTS
'Yo"ijtJ,y'
A/,. tJS'l,cJ.y
Kev Leaend
!"C-;;'COiitraciiiilJ-se~ces-""
! S = Salary & Wages
1 M = Materials, Supplies, Direct Purchases
! E = Equipment
! T = Travel
, I = Indirect Costs
Certification: I hereby certify that the above
expenses were incurred for the work identified as
being accomplished in the attached progress
reports,
Certification: I hereby certify that the documentation has
been maintained as required to support the project
expe es reported above a is available for audit upon
reque .
Administrator
Date
PSC USE ONLY
County Funding Participation
$
Total Project Costs To Date:
$
County Obligation To Date
$
County Retainage (_ %)
$
County Funds Previously Disbursed
$
County Funds Due this Billing
$
Reviewed and Approved By:
PBC Project Administrator
Date
Department Director
Date
1\
G:\SYINGER\FORMS\3 Pg - Exhibit B,xls
Page 1 of
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR FUNDING OF THE 2006 HERITAGE FESTIVAL
THIS AGREEMENT is made and entered into on _, by and between Palm Beach
County, a political subdivision of the State of Florida, hereinafter referred to as "County", and
the City of Boynton Beach. a Florida Municipal Corporation, hereinafter referred to as
"Boynton Beach".
WIT N E SSE T H:
WHEREAS, Boynton Beach sponsored the month long 2006 Heritage Festival in
February of 2006 to provide a celebration designed to motivate, empower, and inform the public
regarding the City's heritage and to encourage families to come together to promote cultural
diversity in a family friendly, intergenerational atmosphere; and
WHEREAS, the 2006 Heritage Festival promoted cultural diversity at various locations
throughout the City of Boynton Beach, celebrated various cultures through sports, music, dance,
and other art forms, provided an education component for students to learn about the
contribution of minorities toward math and science. and sponsored academic games; and
WHEREAS. approximately 4,000 persons participated in the 2006 Heritage Festival; and
WHEREAS, Boynton Beach has requested from County an amount not to exceed $3,700
to help offset costs for contractual seNices and miscellaneous expenses for the 2006 Heritage
Festival; and
WHEREAS, County desires to provide funding to help offset costs for the 2006 Heritage
Festival; and
WHEREAS, funding for said program in an amount not to exceed $3,700 is available
from the Recreation Assistance Program (RAP) - District 7; and
WHEREAS, community events and cultural diversity programs and activities are deemed
to seNe a public purpose; and
WHEREAS, both parties desire to enter into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties hereby agree to the following terms and conditions:
1. County agrees to fund an amount not to exceed $3,700 to Boynton Beach for the 2006
Heritage Festival for contractual seNices and miscellaneous expenses, as set forth in Exhibit
"A", attached hereto and incorporated herein, hereinafter referred to as the "Project".
2. County will use its best efforts to provide said funds to Boynton Beach on a
reimbursement basis within forty-five (45) days of receipt of the following information:
a, A written statement that the Project, as specified herein, was carried out in
accordance with this Agreement; and
b. A Contract Payment Request Form and a Contractual Services Purchases Schedule
Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and
every reimbursement requested by Boynton Beach, Said information shall list each invoice paid
by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount
paid by Boynton Beach along with the number and date of the respective check or proof of
payment for said payment Boynton Beach shall attach a copy of each vendor invoice paid by
Boynton Beach along with a copy of the respective check or proof of payment and shall make
reference thereof to the applicable item listed on the Contractual Services Purchases Schedule,
Further, Boynton Beach's Program Administrator and Project Financial Officer shall certify the
total funds spent by Boynton Beach on the Project and shall also certify that each vendor
invoice. as listed on the Contractual Services Purchases Schedule was paid by Boynton Beach
and approved by Boynton Beach as indicated.
3, Boynton Beach incurred expenses for the Project beginning on January 25, 2006.
Those costs incurred by Boynton Beach for the Project. approved and submitted accordingly by
Boynton Beach subsequent to January 25, 2006, are eligible for reimbursement by County
pursuant to the terms and conditions hereof.
4, RAP funds may be used as a match for other local, state, or federal grant programs,
but Boynton Beach may not submit reimbursement requests for the same expenses to the
County as other fund sources to receive duplicate reimbursement for the same expenses,
5, Boynton Beach agrees, warrants, and represents that all of the employees and
participants in the Project were treated equally during employment, and for the provision of
services without regard to residency, race, color. religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
6, Boynton Beach shall be responsible for all costs of operation and maintenance of the
Project
7. The term of this Agreement shall be until December 30, 2006, commencing upon the
date of execution by the parties hereto,
8, The parties agree that, in the event Boynton Beach is in default of its obligations
under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice to
cure the default In the event Boynton Beach fails to cure the default within the thirty (30) day
cure period, the County shall have no further obligation to honor reimbursement requests
2
submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall
return any County RAP funds already collected by Boynton Beach for the Project.
9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may
be terminated by the County, without cause, upon thirty (30) days prior written notice to the other
party. This Agreement may be terminated by the County with cause, upon expiration of the thirty
(30) day cure period provided for in Section 8 above.
10. Boynton Beach shall complete the Project by September 30, 2006, and invoices and
checks submitted for reimbursement must be dated within the project time frame of January 25,
2006, through September 30, 2006. Boynton Beach shall provide its final reimbursement
request(s), including a project completion statement and reimbursement documentation as
indicated in Section 2 above on or before December 30, 2006. Upon written notification to
County at least ninety (90) days prior to that date Boynton Beach may request an extension
beyond this period for the purpose of completing the Project County shall not unreasonably
deny Boynton Beach's request for said extension.
11. In the event Boynton Beach ceases to exist, or ceases or suspends the Project for
any reason, any remaining unpaid portion of the Agreement shall be retained by County, and
County shall have no further obligation to honor reimbursement requests submitted by Boynton
Beach. The determination that Boynton Beach has ceased or suspended the Project shall be
made by County and Boynton Beach agrees to be bound by County's determination.
12. Boynton Beach agrees to abide by. and be governed by, all applicable federal, state,
county, and municipal laws, including but not limited to, Palm Beach County'S ordinances, as
said laws and ordinances exist and are amended from time to time. In entering into this
Agreement, Palm Beach County does not waive the requirements of any County or local
ordinance or the requirements of obtaining any permits or licenses normally required to conduct
business or activity conducted by Boynton Beach, Failure to comply may result in County's
refusal to honor reimbursement requests for the Project.
13. County reserves the right to withhold reimbursement if the Project is not completed
as specified in Exhibit "A",
14. It is understood and agreed that Boynton Beach is merely a recipient of County
funding and is an independent contractor and is not an agent, servant or employee of County or
its Board of County Commissioners. It is further acknowledged that the County only contributes
funding under this Agreement and operates no control over the Project. To the extent permitted
3
by law and without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers,
agents or employees, Boynton Beach shall indemnify. save and hold harmless and defend the
County, its officers, agents, and/or employees from and against any and all claims, liabilities,
losses, judgments, and/or causes of action of any type arising out of or relating to any act or
omission of Boynton Beach, its agents, servants and/or employees in the performance of this
Agreement The foregoing indemnification shall survive termination of this Agreement
In consideration for reimbursement of costs incurred prior to the term of this Agreement,
the foregoing indemnification shall apply not only during the term of this Agreement but also for
the period prior to the Agreement for which Boynton Beach is eligible to receive reimbursement
from the County.
15, Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and
Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000
Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and
be set forth by the legislature.
In the event Boynton Beach maintains third-party commercial General Liability and
Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28,
Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not less
than $500,000 combined single limit for bodily injury or property damage.
Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statutes 440,
Prior to execution of this Agreement by the County, Boynton Beach shall deliver to the
County an affidavit or Certificate of Insurance evidencing insurance. self-insurance. and/or
sovereign immunity status. which County agrees to recognize as acceptable for the above
mentioned coverages, Certificate holder'S address shall read Palm Beach County, c/o Parks
and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention:
Administrative Support Manager.
Compliance with the foregoing requirements shall not relieve Boynton Beach of its liability
and obligations under this Agreement
16. Upon request by County, Boynton Beach shall demonstrate financial accountability
through the submission of acceptable financial audits performed by an independent auditor,
4
17. Boynton Beach shall maintain books, records, documents and other evidence that
sufficiently and properly reflect all costs of any nature expended in the performance of this
Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach,
County shall have the right to inspect and audit said books, records, documents and other
evidence during normal business hours.
18. The County and Boynton Beach may pursue any and all actions available under Jaw
to enforce this Agreement including, but not limited to, actions arising from the breach of any
provision set forth herein.
19. This Agreement shall be governed by the laws of the State of Florida and any and all
legal action necessary to enforce this Agreement shall be held in Palm Beach County.
20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement
or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been placed on
the convicted vendor list maintained by the State of Florida Department of Management
Services within the thirty six (36) months immediately preceding the date hereof. This notice is
required by Section 287.133 (3) (a), Florida Statutes.
21. This Agreement represents the entire agreement between the parties and
supersedes all other negotiations, representations, or agreements, either written or oral. relating
to this Agreement. The Agreement may be modified and amended only by written instrument
executed by the parties hereto.
22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand
delivered or sent by U.S. mail. All notices shall be addressed to the following:
As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, Florida 33461
As to Boynton Beach:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
23. This Agreement is made solely and specifically among and for the benefit of the
parties hereto, and no other person shall have any rights, interest, or claims hereunder or be
otherwise.
entitled to any benefits under or on account of this Agreement as a third-party beneficiary or
5
Agreement on the date first above written.
IN WITNESS WHEREOF, the undersigned parties have signed this
ATTEST:
SHARON R. BOCK, Clerk &
Comptroller
By:
Deputy Clerk
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By
Tony Masilotti, Chairman
CITY OF BOYNTON BEACH
By:_.__~~.____~____
Mayor
APPROVED AS TO TERMS AND CONDITIONS:
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
6
CITY OF BOYNTON BEACH
BENTRON PERSONALIZED PHOTOGRAPHY
DATE INVOICE NUMBER DESCRIPTION AMOUNT
26/2006 4262006C HERITAGE FEST 1000.00
BENTRON PERSONALIZED PHOTOGRAPHY 9604 TOTAL $****1,000.00
CITY OF BOYNTON BEACH
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY AT 561-742.6320.
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
BankofA~ca ~
83-4/830 ~
CHECK NO.:
130913
04/28/2006
DATE:
'AY ONE T.ffOU~AN.D 00/100 DOLLARS **************************************
$******1,000.00
'A Y TO THE ORDER OF
VOID AFTER 80 DA VS
BENTRON PERSONALIZED PHOTOGRAPHY
842 W 7TH ST
P.O. BOX 10706
RIVIERA BEACH FL 33419
NON-NEGOTIABLE
o RETURN CHECK TO DEPT.
CITY OF BOYNTON BEACH
DIRECT PAYMENT REQUISITION
Please issue a check in the amount $ 1.000.00 .
TO : Bentron Personalized Photography
842 W. 7th St.
Riviera Beach, FL 33419
\1 ~
I
FOR: photographic services 2006 HeritageFest
Requested By: Wayne M. Segal
Date:
April 24, 2006
Approvals:
Div Head ufi,rh 17z~iI~
Finance Dept. ~
FUND DEPT BASIC ELK OBJ AMOUNT
691 5000 590 04 84 1,000.00
1,000.00
City Manager
OR-20-2006 03:25,.PM
_ -", ~ '-" ....'.. '_, ,=. t.. ., f
T,-eaSl.-tI'"E" Chest
~~ l-a3'~-!:ltr,~~:
5.b1 rot "J__.
lLl"rj]I_IJl-l LEli. ~I,JrH.
PAGE. e:/n
.)... ".0...,.' ~ \.0. I {J ~,
,.J ~:;t~ I' .-~~
Dah~~ Mar.:h 6.2006
INVOICE #. 600~
~
BENTRO!( PERSONALIZILD PHOTOGRAPHY
842 West i'tb Street
PO BOI lU706
Riviera Beach, FL 33419
Phone: (561)389-8249
Em.D: BellltJ-oal@belllouth.ad
BUl to:
CITY of BOYNTON BEACH
Hentale rl~lt A&:~.nt
100 E. Boyl1toD Beach Ol,'d.
BoyntoD B..ell", FL 3343S
A TTENn()N: Ms. Am.ette Gray
Ou..titI
12
iDeseri,ti9n
H()lUS of photo coverage
P'Ius 1 CDs CODlal..;ng it
.t't oj' pictllJ'a t.b.
At tbe "1006 Heritage :FestU
EvellD Held Ia BoYDtOl(1
Bt..'"a~}]. FL io February 1006.
A.o.ut
~
1
Flat Rate
1,000.00
.
S"les lax E~.anpt
THANK YOU FOR YOUR BUSlNl~SS! Tutlll Due $1,000.00
~
CITY OF BOYNTON BEACH
ARSENAL SOCCER LEAGUE INC
- ---1
DATE INVOICE NUMBER DESCRIPTION AMOUNT
l
02/01/2006 1000 0212 & 0219 810.00
ARSENAL SOCCER LEAGUE INC 10246 TOTAL $******810.00
CITY OF BOYNTON BEACH
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY AT 561-742-6320.
CHECK NO.:
126856
02/03/2006
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Bank of America .-..~
63-4/630 ~~
DATE:
AY EIGHT Hv.N.D.RED TEN AND 00/100 DOLLARS *********************************
$********810.00
VOID AFTER 80 DAYS
A Y TO THE ORDER OF
ARSENAL SOCCER LEAGUE INC
PO BOX 19835
WEST PALM BEACH FL 33416
NON-NEGOTIABLE
o RETURN CHECK TO DEPT.
CITY OF BOYNTON BEACH
DIRECT PAYMENT RBQUISITION
Please issue a check in the amount $ 810.00.
TO : Arsenal Soccer League Inc.
P.O. Box 19835
West Palm Beach, FL 33416
FOR: Referees, linesmen HeritageFest Soccer Tournament Feb. 12 & 19, 2006
Requested By: Wayne M. Segal
Approvals:
v Head tbI~~(. ~ ~~-t
Finance Dept. ~
City Manager
Date: January 31. 2006
FUND DEPT BASIC ELK OBJ AKomrr
691 5000 590 04 84 810.00
810.00
AR.Sf7NAL .sO(!/c;~C6Ac:;cte .INO
INVOICE # 1000
DATE: JANUARY 26, 2006
P.O BOX 19835
WEST PALM BEACH, Fl3341b
ARSENAlSOCCER@VAHOO.COM
561-856-9933 OffiCE
561-735-4743 fAX
TO HERITAGE FEST
r
2 RADIO STATION 980AM
3 3 REfEREE 4 GAMES
1 REFERRE CENTER
2 LINESMAN
140 . 4 GAME 560 560
4 JD MUSIC 250 250
SUBTOTAL
SALES TAX
TOTAL $1,110.00
_300.\170 . ^~
-rf6' 0.0 Op'
Make all checks payable to [Your Company Name]
CITY OF BOYNTON BEACH
PYRAMID BOOKS
DATE INVOICE NUMBER DESCRIPTION AMOUNT
J1/2006 11060 BOOKS 678.00
PYRAMID BOOKS 10244 TOTAL $******678.00
CITY OF BOYNTON BEACH
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE
IF NOT CORRECT PlEASE NOTIFY US PROMPTlY AT 581-742-8320.
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
lankef America
83-41630 ..
CHECK NO.:
127069
02/03/2006
DATE:
'AY SIX HUNDRED SEVENTY EIGHT AND 00/100 DOLLARS *************************
"."',:'.'Nf:
$********678.00
'AY TO THE ORDER OF
VOID AFTER 80 DA VI
PYRAMID BOOKS
544-2 GATEWAY BLVD
BOYNTON BEACH FL 33435
NON-NEGOTIABLE
o RETURN CHECK TO DEPT.
CITY OF BOYNTON BEACH
DIRECT PAYMENT REQUISITION
Please issue a check in the amount $678.00
TO : Pyramid Books
544-2 Gateway Blvd.
Boynton Beach, FL 33435
FOR: Books for HeritageFest Book Fair 2/18/06
Requested By: Wayne M. Segal
Date: January 31,2006
Approvals:
Finance Dept.
t~i:t/!-<<. 1?-~
6Jt
Pmm DBPT BASIC BLB OBJ AMOUNT
691 5000 590 04 84 678.00
~
678.00
Div Head
City Manager
544-2 Gateway Blvd.
Boynton Beach, Fl. 33435
Phone: 561-731-4422
Fax: 561-731-0202
www.Dvramidbooks.net
PYRAMID BOOKS
544-2 GATEWAY BLVD
BOYNTON BEACH, FL. 33435
561-731-4422
561-731-0202 FAX
SIllP TO:
HERITAGEFEST
ATfN: ANGELA GIRTMAN
BILL TO:
HERITAGEFEST
ATI'N: ANGELA GIRTMAN
I ..". ,1IIiIII:.m11251111
...',...~/..a;..~IJ:'FEST55
;....~
'11.
DATE
1125106
QTY
40
DE8CfcIP1 UI
UNfI' PRICE
$16.95
~NTTOTAL
$678.00
COPPER SUN
TOTAL AMT. DUE ..' ,.:....',j::
When sending payments please include invoice number on checks. Thanks for yur support.
MAKE CHECKS PA YABLE TO PYRAMID BOOKS
CITY OF BOYNTON BEACH
JACKSON (1099) I ALVIN
DATE INVOICE NUMBER DESCRIPTION AMOUNT i
03/10/2006 INV030706 SERVICES 465.48
I
I
JACKSON (1099) , ALVIN 10307 TOTAL $****"'*465.48
CITY OF BOYNTON BEACH
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE
IF NOT CORRECT PlEASE NonFY US PROMPTLY AT 581-742-8320.
CHECK NO.:
128621
03/1 0/2006
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Bank of America ~
63-4/630 ~
DATE:
q,:r<< '
Ii.Y FOUR HUNDRED SIXTY FIVE AND 48/100 roLLARS ***************************
$********465.48
VOID AFTER 60 DAYS
Ii. Y TO THE ORDER OF
ALVIN JACKSON (1099)
4111 VERMONT AVE APT E
LAKE WORTH FL 33461
NON-NEGOTIABLE
o RETURN CHECK TO DEPT.
CITY OF BOYNTON BEACH
DIRECT PAYMENT REQUISITION
Please issue a check in the amount $ 465.48.
TO : Alvin Jackson
4111 Vermont Ave., Apt. E
Lake Worth, FL 33461
FOR: Catering HeritageFest Student Awards Reception
Requested By: Wayne M. Segal
Approvals:
7 Head t(/~",,-, ?Iz _4- J .d
Finance Dept. ~
City Manager
Date:
March 7, 2006
FOND DEPT BASIC ELK OBJ AMOUNT
691 5000 590 04 84 465.48
465.48
...
lD
il
INVOICE
Chef Alvin .Jackson
Phone: (561)329-9857
(
Event: Herratige reception
Event Date: 2/17/2006
Actual Cost I
"
62.50 I
I
I
small 35.00 ~
53.49 -
,
$43.49 I 0j
_$40.00 I
$150.00 I
__$21.00 I
__~60.00 ~
I
Total: $465.48
~,
ANGELA GIRTMAN
DATE
CITY OF BOYNTON BEACH
INVOICE NUMBER
DESCRIPTION
). 3/2006 INV020706
ANGELA GIRTMAN
REIMBURSE
~~.
3694
TOTAL
CITY OF BOYNTON BEACH
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY AT 561-742-8320.
ANGELA GIRTMAN
1920 NE 5TH AVE
BOYNTON BEACH FL 33435
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Bank of America ~
113-4/1130 ~
,y THREE HUNDRED EIGHTY FIVE AND 56/~oo DOLLARS *************************
AMOUNT
385.56
$******385.56
CHECK NO.:
127161
02/10/2006
.Y TO THE ORDER OF
DATE:
'AMOUNT. "
$********385.56
VOID AFTER 80 DAYS
NON-NEGOTIABLE
o RETURN CHECK TO DEPT.
CITY OF BOYNTON BEACH
DIRECT PAYMENT REQUISITION
Please issue a check in the amount $ 369.56--.
J3S Sf,
TO : Angela Girtman
1920 NE 5th Ave.
Boynton Beach, FL 33435
FOR: Reimbursement - HeritageFest supplies (tableware, food for book singing reception, copies.
Requested By: Wayne M. Segal
Date: February 7, 2006
Approvals:
Div Head ~r 1JL~d
Finance Dept. ~
City Manager
POND DEPT BASIC ELE OBJ AKOUNT
691 5000 590 04 84 3S9.56
-T9S.SG,
--- --
vO:7.'1O
J ~ f:.. s,
"
;"f"'-' .. .'
PfIIHy'tciTV' OF' BOVNlCJN HEnCH
I . ., I
339 NORTH CONGRE5S AVE
BOVNTON BEACH Fl 33~36
( S& 1 )375-9990
101101101. PflRTYClTY. COM
i. ),;.. !'. -'~"'_'-'..!~'~_: ~""_;M\-"--' ;., _. ,'.
Jl:l, B~K .J.BCjO~~~ ~" 0'18'11 ~'965 1~ ,:,,J'2.; 99 J
GLlI TBl ROll "lOINXlO 0"8"19<189160 12.99 T
liLlJ IN Hie 0'18'119066729 2.69 T
IJLD IN HIe 0"'8119066729 2 69 T
uLll LN HIC 048419066729 2.69 I
GI.R FORMAUJE~~':~:;,:?W803~2,O:II'.0091 29.9'1 T
3 I!! 9.99 'f,.", , ''''''',,1 ,. ...'
RNIl PLATTER lZIN 051656012329 1.99 T
L:l ~ SQUEEZE TONG 039982020362 1. 79 T
CLR FOR~ HEAVY PC 50 0~B<119223269 .'.99 T
, ~~E GULAR PRICE 2.99
~~'.P.~K;,H.;A~~,;!~~,'5g O"l8~1:92\~32~9'~~h99 L"
, 'REGULAR ,.PRICE ~, ,. . "0 ,,2.99"
PC fMlllR 90l MUllI P 039091108272 *9,98 T
C @ "1.99
IIPPLE REI). TBl RDll 0"18"'94969"6 12.99 T
5UBl OTHl )"':1~?~;:~;;~,i'!l,( ,,' .,.
Sal es' .Tax ""6.500"'.....,.,,' "','. ',.
TOTAL.
C$9IJ.75Y ,
$6.16 '
$100.91
CASH $101.00
lifJAN~~~:!f!r ~/ i~,~tf~!tf~';if.~t7,,$o:;09~r
. ',', f"i~' '1'1';' '.(Jtl.' :;"fJ!'U ~".'f~~ rh. t".,. f l,t' t'
RETURNS MUST BE HADE WITHIN
30 DAVS OF PURCHASE
RECEIPT MUST ACCOMPANV EACH RETURN
ONLY UNOPENED PACKAGES
rAA'"JBtt~6iiJRNED~r:{~
lboOitet:~_"r.mh ~..!'~J t........
SEASONAL ITEMS MRY BE RETURNED
UP TO 7 DAYS PRIOR TO THE HOLIDAY
TOTAL SAVINGS
f,j-: ~q.i'ii~~.~&fiit'~<i,' 1i:'~4';,;;;;r.,'o,(;;' ~'itf'l-'.;,,,..
ir,;', f-<':~ill.~~'~J;- Q: ~"" J1r tr~..~,f;.l!~~ J;_:~ !f;; ~'~,~:.'\l-.,!1~,~ .-'\.
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HEMS 15
02-03-2006 17:19:03 0623 02 101B 3673
) """"Q1f'\r':
HlANK YOU FORIlSHDPprNIJ'I'Rr'f1ARTY CITY
LET US HELP YOU PLAN YOUR
NEXT CELEBRATION
~. ,...~
. P,....'O!!X
, Sunshine Square rublix 561 -734-2655
Store Itana.:;;e.': Todd Walker
VICTORIA 1~r.3 'inUn Cr.:::rnER TODAY.
2&2.19
2&2.19
PIli: Dt:U U:MmiliD[ 2. 19 B
ICCD T[l~ SWEETEl1ED 2.19 B
ICED TEA SWEETEr/ED 4.38 8
PBX nELI LEMON^DE 4.38 B
RD rUMr:nC:< ~/Drr 26.99 B
rnx CUDANITOS Pl TR 34 ,00 B
AD ~rEC nAV!NG~ 2,00
GAP-DEN '.,'EG PL if: :.. 32.00 B
BUrr-ALO ~mm PUR 42.00 B
BUrr ALG t1WG PL m 42.00 B
BUrr^LO WIUG iLTR 42.00 B
rUBLIX nAG ICE 20 3.29 B
PUDLIX DAG ICE 20 VOID 3.29-8
PUBLIX n~G ICE 20 3.29 B
Cl
u** TAX ,~ML
Cash
Cash
250.73 @S. ~
80.77 --
169.96
ADVERTISED ZPEClhl ~AVINGS 2.00
YOUR TOTAl SAVINGS AT PUBlIX 2.00
2/03/06 5:50 PM 0346 09 0314 116
lJhel'& Savi n:; Is
Part of the Pl~asure.
OFFTCE DEPOl
260 N, CONGRESS AVE
BOYNTON BEACH. FL 33~26
( 561 ) 738-1800
FAX 561-738-~803
SALE STR0071 REG012 TRN2234
01/11/06 09:50 EHP ~190~~ pas 5 00
b97~16 55 B&W FS 751-1000
1000 @ 0,050
078910214251 SHTPRTCTR.HW.25PK
1 @ 5,39
50,00
SUBTOlAL
FI b 50% SALES H1X
TOTAL
DEBIT 8020
539
~
:5 61
59 00
59,00
*********'*~************'f**,,*,******
For a chance 10 WJn
One of ~0-$100 or 1-$1000
Quarterly ShoPPln~ Sprees.
visit www.od.bizrate.co~
En Espanol
10: H9HX9 LV3Z 627Rl
I1I1 IHI"" I 111111 IIIIIIII'~"'~I' mll~ II 1/1
L2VIPIPU013YYX4
CITY OF BOYNTON BEACH
SURDI (1099), CHRISTINE
DATE INVOICE NUMBER DESCRIPTION AMOUNT
n/2006 INV013106 020406 365.00
SURD I (1099) , CHRISTINE 9177 TOTAL $******365.00
CITY OF BOYNTON BEACH
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY AT 561-742.6320.
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Bank of America ~
83-4/830 ....
CHECK NO.:
127112
02/03/2006
DATE:
'."NT<
$********365.00
PAY THREE HUNDRED SIXTY FIVE AND 00/100 OOLLARS **************************
PAY TO THE ORDER OF
VOID AFTER 80 DAYS
CHRISTINE SURDI (1099)
DBA CRIST ABEUE THE CLOWN & FRIENDS
9484 GRANITE RIDGE LAND
WEST PALM BEACH FL 33411
NON-NEGOTIABLE
o RETURN CHECK TO DEPT.
CITY OF BOYNTON BEACH
DIRBCT PAYMENT REQUISITION
P lease issue a check in the amount $ 365.00.
TO : Christine E. Surdi
10650 Misty Ln
West Palm Beach I FL 33411
FOR: Cristabelle the Clown. Children's entertainment for HeritageFest Feb. 4, 2006
Requested By: Wayne M. Segal
Date: January 31,2006
Div Head -tt444 -nz-~J-4(,
Finance Dept. 0/..",..
FUND DBPT BASIC ELB OBJ AMOUNT
691 5000 590 04 84 365.00
365.00
Approvals:
City Manager
FROM :
~~ 7 -37- ~Olc'l
F~I'[).
Jan. 24 2006 12:39PM Pi
/Ivj J
[;fJ\ ~\( \.II + \"v..t. -:
e~fsttMu. 1ha eltM'D &r rrl.DJ,.~.
Chrj,finc E. Surdl. OwM:r
IDII5'o M;~t!I /.AAt"
West ~Irn 8$h, FL 33411
(561) 502-2345 F'tX1 (561) 1.0,,/ -tiff?
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U Total . $~
t'tfHIt ~ c.-. .: DepoIit hHam -. ~ bu"'-
h1Mu ou, oa ~ GAf>>tI ONLY! f r I ..... , ' ~
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tt__1f" ~ vrW I)..
CITY OF BOYNTON BEACH
INFLATABLE FUN LLC
~_.. . 1
DATE INVOICE NUMBER DESCRIPTION AMOUNT i
1
02/01/2006 INV013106 020406 350.00
INFLATABLE FUN LLC 10245 TOTAL $******350.00
CITY OF BOYNTON BEACH
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY AT 561.742.6320.
CHECK NO.:
126977
02/03/2006
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Banko' America .-..~
63-4/830 -~
DATE:
CITY OF BOYNTON BEACH
~Y THREE HONDRED FIFTY AND oo/~oo DOLLARS *******************************
A"" '.NT<'
$* ** * * ** *350.00
VOIO AFTER 80 DAYS
"Y TO THE ORDER OF
INFLATABLE FUN LLC
18264 40TH RUN N
LOXAHA TCHEE FL 33470
NON-NEGOTIABLE
\
o RETURN CHECK TO DEPT.
CITY OF BOYNTON BEACH
DIRBCT PAYMENT RBQUISITION
Please issue a check in the amount $ 350.00.
TO: Inflatable Fun
18264 40th Run N.
Loxahatchee, FL 33470
FOR: Balloon artist, face painter HeritageFest Feb. 4, 2006
Requested By: Wayne M. Segal
Da t e : January 31, 2006
Approvals:
v Head
uI~"f' ~ .~"e:
UJ)/.
FOND DBPT BASIC BLB OBJ AMOUNT
691 5000 590 04 84 350.00
350.00
Finance Dept.
City Manager
\
i !-\K'_,t. I '::jU""VEY ING
PAGE B:/f:1J
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Ca....er Sip.tare
COIItnId DaD;
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR FUNDING OF THE 2006 HERITAGE FESTIVAL
THIS AGREEMENT is made and entered into on _, by and between Palm Beach
County, a political subdivision of the State of Florida, hereinafter referred to as "County", and
the City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as
"Boynton Beach".
W IT N E SSE T H:
WHEREAS, Boynton Beach sponsored the month long 2006 Heritage Festival in
February of 2006 to provide a celebration designed to motivate, empower, and inform the public
regarding the City's heritage and to encourage families to come together to promote cultural
diversity in a family friendly, intergenerational atmosphere; and
WHEREAS, the 2006 Heritage Festival promoted cultural diversity at various locations
throughout the City of Boynton Beach, celebrated various cultures through sports, music, dance,
and other art forms, provided an education component for students to learn about the
contribution of minorities toward math and science, and sponsored academic games; and
WHEREAS, approximately 4,000 persons participated in the 2006 Heritage Festival; and
WHEREAS, Boynton Beach has requested from County an amount not to exceed $3,700
to help offset costs for contractual services and miscellaneous expenses for the 2006 Heritage
Festival; and
WHEREAS, County desires to provide funding to help offset costs for the 2006 Heritage
Festival; and
WHEREAS, funding for said program in an amount not to exceed $3,700 is available
from the Recreation Assistance Program (RAP) - District 7; and
WHEREAS, community events and cultural diversity programs and activities are deemed
to serve a public purpose; and
WHEREAS, both parties desire to enter into this Agreement
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties hereby agree to the following terms and conditions:
1 , County agrees to fund an amount not to exceed $3,700 to Boynton Beach for the 2006
Heritage Festival for contractual services and miscellaneous expenses, as set forth in Exhibit
"An, attached hereto and incorporated herein, hereinafter referred to as the "Project".
2, County will use its best efforts to provide said funds to Boynton Beach on a
reimbursement basis within forty-five (45) days of receipt of the following information:
a, A written statement that the Project, as specified herein, was carried out in
accordance with this Agreement; and
b, A Contract Payment Request Form and a Contractual Services Purchases Schedule
Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and
every reimbursement requested by Boynton Beach, Said information shall list each invoice paid
by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount
paid by Boynton Beach along with the number and date of the respective check or proof of
payment for said payment Boynton Beach shall attach a copy of each vendor invoice paid by
Boynton Beach along with a copy of the respective check or proof of payment and shall make
reference thereof to the applicable item listed on the Contractual Services Purchases Schedule,
Further, Boynton Beach's Program Administrator and Project Financial Officer shall certify the
total funds spent by Boynton Beach on the Project and shall also certify that each vendor
invoice, as listed on the Contractual Services Purchases Schedule was paid by Boynton Beach
and approved by Boynton Beach as indicated,
3, Boynton Beach incurred expenses for the Project beginning on January 25, 2006,
Those costs incurred by Boynton Beach for the Project, approved and submitted accordingly by
Boynton Beach subsequent to January 25, 2006, are eligible for reimbursement by County
pursuant to the terms and conditions hereof,
4, RAP funds may be used as a match for other local, state, or federal grant programs,
but Boynton Beach may not submit reimbursement requests for the same expenses to the
County as other fund sources to receive duplicate reimbursement for the same expenses.
5, Boynton Beach agrees, warrants, and represents that all of the employees and
participants in the Project were treated equally during employment, and lor the provision 01
services without regard to residency, race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
6, Boynton Beach shall be responsible for all costs of operation and maintenance of the
Project
7. The term of this Agreement shall be until December 30,2006, commencing upon the
date of execution by the parties hereto,
8, The parties agree that, in the event Boynton Beach is in default of its obligations
under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice to
cure the delault In the event Boynton Beach fails to cure the delault within the thirty (30) day
cure period, the County shall have no further obligation to honor reimbursement requests
2
submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall
return any County RAP funds already collected by Boynton Beach for the Project.
9, Notwithstanding any provision of this Agreement to the contrary, this Agreement may
be terminated by the County, without cause, upon thirty (30) days prior written notice to the other
party. This Agreement may be terminated by the County with cause, upon expiration of the thirty
(30) day cure period provided for in Section 8 above.
10. Boynton Beach shall complete the Project by September 30.2006, and invoices and
checks submitted for reimbursement must be dated within the project time frame of January 25,
2006, through September 30, 2006. Boynton Beach shall provide its final reimbursement
request(s), including a project completion statement and reimbursement documentation as
indicated in Section 2 above on or before December 30, 2006. Upon written notification to
County at least ninety (90) days prior to that date Boynton Beach may request an extension
beyond this period for the purpose of completing the Project. County shall not unreasonably
deny Boynton Beach's request for said extension.
11. In the event Boynton Beach ceases to exist, or ceases or suspends the Project for
any reason, any remaining unpaid portion of the Agreement shall be retained by County, and
County shall have no further obligation to honor reimbursement requests submitted by Boynton
Beach. The determination that Boynton Beach has ceased or suspended the Project shall be
made by County and Boynton Beach agrees to be bound by County's determination.
12. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state,
county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as
said laws and ordinances exist and are amended from time to time. In entering into this
Agreement, Palm Beach County does not waive the requirements of any County or local
ordinance or the requirements of obtaining any permits or licenses normally required to conduct
business or activity conducted by Boynton Beach. Failure to comply may result in County'S
refusal to honor reimbursement requests for the Project.
13. County reserves the right to withhold reimbursement if the Project is not completed
as specified in Exhibit "An.
14. It is understood and agreed that Boynton Beach is merely a recipient of County
funding and is an independent contractor and is not an agent, servant or employee of County or
its Board of County Commissioners. It is further acknowledged that the County only contributes
funding under this Agreement and operates no control over the Project. To the extent permitted
3
by law and without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers,
agents or employees, Boynton Beach shall indemnify, save and hold harmless and defend the
County, its officers, agents, and/or employees from and against any and all claims, liabilities,
losses, judgments, and/or causes of action of any type arising out of or relating to any act or
omission of Boynton Beach, its agents, servants and/or employees in the performance of this
Agreement. The foregoing indemnification shall survive termination of this Agreement.
In consideration for reimbursement of costs incurred prior to the term of this Agreement,
the foregoing indemnification shall apply not only during the term of this Agreement but also for
the period prior to the Agreement for which Boynton Beach is eligible to receive reimbursement
from the County,
15, Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and
Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000
Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and
be set forth by the legislature,
In the event Boynton Beach maintains third-party commercial General Liability and
Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28,
Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not less
than $500,000 combined single limit for bodily injury or property damage,
Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statutes 440,
Prior to execution of this Agreement by the County, Boynton Beach shall deliver to the
County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or
sovereign immunity status, which County agrees to recognize as acceptable for the above
mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks
and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention:
Administrative Support Manager.
Compliance with the foregoing requirements shall not relieve Boynton Beach of its liability
and obligations under this Agreement.
16, Upon request by County, Boynton Beach shall demonstrate financial accountability
through the submission of acceptable financial audits performed by an independent auditor,
4
17. Boynton Beach shall maintain books, records, documents and other evidence that
sufficiently and properly reflect all costs of any nature expended in the performance of this
Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach,
County shall have the right to inspect and audit said books, records, documents and other
evidence during normal business hours.
18. The County and Boynton Beach may pursue any and all actions available under law
to enforce this Agreement including, but not limited to, actions arising from the breach of any
provision set forth herein,
19. This Agreement shall be governed by the laws of the State of Florida and any and all
legal action necessary to enforce this Agreement shall be held in Palm Beach County.
20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement
or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been placed on
the convicted vendor list maintained by the State of Florida Department of Management
Services within the thirty six(36) months immediately preceding the date hereof. This notice is
required by Section 287,133 (3) (a), Florida Statutes.
21. This Agreement represents the entire agreement between the parties and
supersedes all other negotiations, representations, or agreements, either written or oral, relating
to this Agreement. The Agreement may be modified and amended only by written instrument
executed by the parties hereto.
22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand
delivered or sent by U.S. mail. All notices shall be addressed to the following:
As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, Florida 33461
As to Boynton Beach:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
23. This Agreement is made solely and specifically among and for the benefit of the
parties hereto, and no other person shall have any rights, interest, or claims hereunder or be
entitled to any benefits under or on account of this Agreement as a third-party beneficiary or
otherwise,
5
Agreement on the date first above written,
IN WITNESS WHEREOF, the undersigned parties have signed this
ATTEST:
SHARON R. BOCK, Clerk &
Comptroller
By:
Deputy Clerk
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By
Tony Masilotti, Chairman
CITY OF BOYNTON BEACH
By:
Mayor
APPROVED AS TO TERMS AND CONDITIONS:
By:
Dennis L Eshleman, Director
Parks and Recreation Department
6
Recreation Assistance Program (RAP)
Exhibit" A" to Agreement
BACKGROUND INFORMATION
Name and address of Municipality: Boynton Beach
1 00 E. Boynton Beach Blvd.
Boynton Beach, FI. 33435
Name of Municipality: City of Boynton Beach
Mailing Address: P.O. Box 310
Boynton Beach, FI. 33425-0310
Name of Mayor: Jerry Taylor
Name of City Manager: Kurt Bressner
ProjecVProject Liaison Information:
Name: Wayne Segal
Telephone #: 742-6000
Fax #: 742-6233
e-mail: Segalw@ci.boynton-beach.fl.us
PROJECT/PROGRAM INFORMATION
1. Name of ProjecVProgram: 2006 Heritage Festival
2. ProjecV Program Description
· General {Project Scope):The mISSIon of the He ritage Fest is to
promote cultural diversity that exists in the City of Boynton Beach
while celebrating each culture's splendor through sports, music,
dance and other art forms. The goal of the education component is
to present opportunities for students to learn through research and
presentation the contribution of minorities have made in the world
of math and science. Academic games allowed the participants to
"show off" their acquired knowledge in an encouraging atmosphere.
· Public Purpose: To provide a celebration that motivates,
empowers, and informs the public of the ties that bind our
community together through the enjoyment of arts, and education.
This month long celebration encourages families to come together
and promote cultural diversity while providing events that are family
friendly and bridge the generation gap.
· Location: Various arenas throughout the city of Boynton Beach.
Boynton Beach Women's Club (Book Signing and reception)
Boynton Beach Civic Center (Art in the Park, Student Contests)
EXHIBIT A
Page 1 of 2
Ezell Hester Community Center (Soccer Tournament)
St. John Missionary Baptist Church/RM Lee CDC (Student Awards
Reception)
Wilson Park (Walker Brothers Circus)
. Anticipated Number of Participants/Users: 4000 persons
3. Project/Program Elements: List anticipated broad categories of
Expenditure Items such as capital outlay, contractual services, personnel
costs, operational expenses, equipment, and "Other Miscellaneous
Project/Program expenses". Do not include expenditure line item budqet/
amounts.
Contractual services
Miscellaneous Expenses
4.
Estimated Lump Sum Total for Project/Program
~3 j 1<JO .0-0 II(
$~
5. Project/Program Initiation date (date of first invoice for which
reimbursement will be requested) and End date (date which
project/program will be completed and all invoices paid). This will become . ~
the project time frame. January 25.2006 toAt>.i120. 2066 .5ef(-....0''l{o-f'r ~ol 2- (
month/day/year month/day/year (
Note: Invoices and copies of proof of payment documents are required for
Project/Program reimbursement. All invoices and checks must be dated within
the stated project/program time frame AND Categories for Project/Program
Elements must be listed in Section 3 above in order to be eligible for RAP
reimbursement.
6. Required Attachments:
Certificate of Insurance
(previously submitted)
Amount of Recreation Assistance Program Funding awarded
~ ~ ,700,CO (4
$ . ,~ / ~ 6' g ,0Cl
District 7
(filled in by County)
Form available online by request. Contact Susan Yinger at svinqer@pbcqov.com
EXHIBIT A
Page 2 of 2
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PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
EXHIBIT B
CONTRACT PAYMENT REQUEST
Date
Grantee
Project Name:
Submission #:
Reimbursement Period:
Item
~
Project Costs
This Submission
Cumulative
Project Costs
Contractual Services
(C)
Salary & Wages (% ot salaries)
(S)
Materials, Supplies. Direct Purchases
(M)
Equipment
(E)
Travel
(T)
Indirect Costs
(I)
TOTAL PROJECT COSTS
r.ev LeQend
rc-:;;-'Contractuaj'Se,vlC-es.
: S = Salary & Wages
: M = Materials. Supplies, Direct Purchases
i E = Equipment
i T = Travel
I = Indirect Costs
Certification: I hereby certify that the above
expenses were incurred for the work identified as
being accomplished in the attached progress
reports,
Certification: I hereby certify that the documentation has
been maintained as required to support the project
expenses reported above and is available for audit upon
request
Administrator
Date
Financial Officer
Date
PBC USE ONLY
County Funding Participation
$
Total Project Costs To Date:
$
County Obligation To Date
$
County Retainage (_ %)
$
County Funds Previously Disbursed
$
County Funds Due this Billing
$
Reviewedand Approved By:
PBC Project Administrator
Date
Department Director
Date
G:\SYINGER\FORMS\3 Pg . Exhibit B,xls
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iii STATE
NATIONAL
INSURAHCE COMPANY
STATE NATIONAL INSURANCE CO.
I
qERTIFICATE OF INSURANCE
DATE ISSUED: 10/10/05
I
PRODUCER I
This cert.ificate is issued as a matter of information only and confers no rights I'
Arthur J. Gallagher & Co the certi~cate holder. This certificate DOES NOT amend. extend or alter the cove
2255 Glades Road afforded by the policies below.
Suite 400 E.
Boca Raton, FL 33431 COMPANIES AFFORDING COVERAGE
,
COMPA~Y (A) STATE NATIONAL INSURANCE COMPANY
INSURED ,
COMPANiY (8)
City of Boynton Beach, FL i
100 E. Boynton Beach Blvd. COMPAN~ (C)
Boynton Beach, FL 33435 COMPAN~ (D)
I I
COVERAGES i
Thl, I. to oorllfy !hat"'e pollci~ of '"'""'~ I~led below tve bee" ..ood to the losured ",~d above to, the policy pe"",, ,""", led ,
notwithstanding any requirement, term or condition of any contr ct or other document with respect to which this certificate may be issued or may
pertain, the Insurance afforded by the policies described herein i subject to all the terms, exclusions and conditions of such policies. Umitsshown
may have been reduced by paid claims. I I
co TYPE OF INSURANCE POLICY NUMBER PO~~~ EFFECTIVE POLICY EXPIRA nON LIMITS
LTR DAT I (MMlDDIYYl DATE (MMlDDNYl
GENERAL LIABILITY I
I
A IlD COMMERCIAl GENERAL LIABILITY MDB 026611 14 10/1105 10/1/06 GENERAl AGGREGATE ~
o CLAIMS MADE IlD OCCUR. I PRODUCT&COM~OPAGG
DOWNER'S & CONTRACTOR'S PROT I EACH OCCURRENCE
I
i FIRE DAMAGE (anyone, fire)
MED. EXPENSE (eny one person)
AUTOMOBILE LIABILITY Not A~Pllcable
A o ANY AUTO Not Applicable Not Applicable COMBINED SINGLE LIMIT ~.
o All OWNED AUTOS I BODILY INJURY (po<.......l
,
o SCHEDULED AUTOS I BODILY INJURY (p..-) I
,
o HIRED AUTOS I PROPERTY DAMAGE
,
o NON~NEDAUTOS , I
I
o GARAGE LIABILITY I t
I I
I !
EXCESS LIABILITY
A o UMBRELLA FORM I EACH OCCURRENCE $5,000,000,
IlD OTHER THAN UMBRElLA FORM MDB 026611 14 101115 10/01/06 AGGREGATE $10.000,000,
WORKERS' COMPENSATION MDB 02668 14 10/1105 10/01106 STAlUTORY LIMITS SlalutOfy
AND I
EMPLOYERS' LIABILITY EACH ACCIDENT
I DISEASE-POLICE LIMIT
DISEASE-EACH EMPLOYEE
XXX)( - POLICY SUBJECT TO SIR As per General Endorsement SNS GEN 01.
I
.......,............."'...."''''.'''.......''','''......'''.'''....._,................,...""....."".......'..'.........."'........'..'..'..''''........J..'''.'..'''........'''..'''..,.."''''..,....'''...........,'''....................,..'''.................,..........,'''....,.............."'."'............................"',................,
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICL S/SPECIAL ITEMS - All operations usual to a City Government including
Palm Beach County Board of County Commissioners, 1 political subdivision of the State of Florida, its officers, employees and
agents as additional insured as their interests may appea throughout the policy period for municipal activities in coordination and/or
conjunction with Palm Beach County Board of County Commissioners. All other terms and conditions of policy remain unchanged.
,.................................................,...................................................,.........................,.............................\.....,........"'....................."',.................................,.......................,....................,..............................................................................,
CERTIFICATE HOLDER I
Palm Beach County Board of County ~1:Uld any of the above described policies be canceHed before the expiration
r "'....., "'e "'''''''' """pony "" end.."", to mol 30 de,. wrl_ """'" to
Commissioners th certificate holder named to the left, but failure to mall such notice shaH Impose
Risk Mgt. Dept. n obligation or liability of any kind upon the company. its agents or
160 Australian Ave. re resentatives.
West Palm Beach, FL 33406 I L
Attention: Dick Cohen 4Hl/2,___ i
A~thOriZed signature: ~ I
-
i / Sandra M. Donaghy
I I
I
Meadowbrook Insurance Group
I
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.4
Requested City Commission Date Fina] 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 August], 2006 July 17, 2006 (Noon.) D October 3, 2006 September ]8,2006 (Noon)
D August 15,2006 July 31, 2006 (Noon) D October 17,2006 October 2,2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
I:8J September 19,2006 September 5. 2006 (Noon) 0 November 2], 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business ,) --I
~;--':"
AGENDA ITEM I:8J Consent Agenda 0 Legal U) "
fTl
D 0 -0
Code Compliance & Legal Settlements Unfmished Business '-',",
I
C~ - "'._..J
0 Public Hearing D
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RECOMMENDATION: en ~~
Motion to approve and authorize the execution of a Resolution for Amendment No. 1 to:Ifask
Order U05-01, Jordan, Jones & Goulding, Inc. (JJG) in the amount of $197,844. Amendment No.
1 provides for construction administration, management, and field inspection for the West Water
Treatment Plant (WTP) Improvements, Phase IV.
EXPLANATION:
The City owns and operates the West Water Treatment Plant (West WTP), which is located at
5469 West Boynton Beach Boulevard. The plant utilizes nanofiltration technology and currently
has a peak water treatment capacity of 10 million gallons per day (MGD), including a 20% blend.
The permitted water supply is in excess of this volume, and the Phase IV improvements increase
the treatment capacity to utilize more of the supply capacity. Work included in this project also
includes changing to a safer chlorination method, installing additional redundancy for power
generation, and replacement of the existing membranes that are nearing the end of their useful
life.
The attached spreadsheet details the costs of the various improvements to the West WTP by
category. Two of the categories, namely the installation of the sodium hypochlorite system, and
the additional emergency generator, will serve the needs of the current plant and could also serve
a future plant configured to treat water from the Floridan Aquifer. The third category,
membrane replacement and addition, will serve to increase current capacity and also maintain
reliable service during the time period that the nanofiltration plant must remain in operation.
That time period is estimated to be up to 6-7 years from the present. Generally, membranes are
designed to last 5 years, but that life cycle can be extended with proper cleaning and operation.
We cannot realistically expect the current membranes to last another 6-7 years.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
Task Order U05-01, approved by City Commission on May 17,2005, included services for design,
surveying, preparation of drawings and specifications, cost estimating, permitting, and bidding
assistance for Phase IV. The original Task Order U05-01 did not include construction phase
services.
Amendment No.1 to Task Order U05-01 will provide the following professional services:
. Prepare project initiation documents, including project database, shop drawing log, and
routing, review, and approval procedures.
. Conduct pre-construction conference, convey submittal procedures to Contractor, and
prepare meeting minutes.
. Review of shop drawings and other documents for general compliance with the drawings
and specifications.
. Administer the request for information (RFI) process with the Contractor, review
Contractor's schedule, provide technical interpretation of the drawings and specifications,
and provide general coordination with the Contractor.
. Monitor schedule and conduct construction progress meetings, report on the status of
Contractor submittals, observe field tests, and observe work in progress and inform the
City of the status of work.
. Review, evaluate, and prepare contract change orders.
. Review and provide written recommendations to City for Contractor's payment requests.
. Prepare and submit final record (as-built) drawings to the City.
. Conduct pre-final and final inspections and generate punch lists.
. Provide full-time resident project representative (RPR) services to perform technical
observation of construction for a 6-month period.
FISCAL IMP ACT:
Funds are available in Utilities' accounts #404-5000-590-96-01 WTR098 and #403-5000-590-96-10
WTRI30.
TASK ORDER COMMISSION ACCOUNT NUMBER AMOUNT
APPROVED
Task Order U05-01 May 17,2005 404-5000-590-96-01 WTR098 $490,000.00
403-5000-590-96-10 WTR130
Amendment No.1 Proposed Approval 404-5000-590-96-01 WTR098 $197,844.00
SeDtember 6, 2006 403-5000-590-96-10 WTR130
TOTAL $687,844.00
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES:
The only alternative would be to cancel the current project and postpone Amendment No.1 until
such time that the City determines the long range improvements and restructuring needed for the
East and West Water Treatment Plants.
Utilities staff recommends approving Amendment No.1 to meet the ever increasing potable water
demands of the City's service area, replace the existing membranes, replace the existing gas
chlorine system, and provide for emergency power redundancy at the West Water Treatment
Plant.
4a
KOfi~?~
Utilities Director
~J/a~~~
Kurt Bressner, (
City Manager ~
Utilities Department
Department Name
City Attorney / Finance / Human Resources
Attachment: Three (3) Original Task Order Amendments
bc: Kofi Boateng, Utilities Director
~ete Mazzella, Deputy Utilities Director
Michael Low, Deputy Utilities Director
Chris Roschek, Manager, Engineering Division
Barb Conboy, Manager, Utilities AdministrationlFinance
Procurement Services
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC
WEST WATER TREATMENT PLANT IMPROVEMENTS, PHASE IV
BID #044-2821-06/C.JD
COST SPREADSHEET- BY CATEGORY
West WTP Interstate Engineering
ITEM DESCRIPTION EST. UNITS UNIT COST VALUE
QTY
ITEMS PART OF CHLORINE SYSTEM REPLACEMENT
8 Removal/existing chlorine gas scrubber I LS $10,000,00 $10,000
13 Install Sodium Hypochlorite Generating System I LS $650,000.00 $650,000
14 1/3 Sitework per drawings 1 LS $200,000.00 $200,000
15 Furnish Sodium Hypo1chlorite Generating System I LS $912,400.00 $912,400
15a Applicable taxes/SHGS I LS $60,000,00 $60,000
SUB TOTAL $1,832,400
ITEMS PART OF MEMBRANE REPLACEMENT/ADDITION
I F&I 3, six-element oressure vessels I LS $250,000,00 $250,000
2 Remove/dispose existing membrane elements I LS $10,000.00 $10,000
3 F&I four membrane feed pumps I LS $360,000,00 $360,000
10 Install Membrane Elements I LS $30,000.00 $30,000
II FreightJdelivery/tax on membrane elements I LS $180,000,00 $180,000
16 Dow Membrane Elements NF90-400 468 EA $565,00 $264,420
17 Dow Membrane Elements NF27-400 180 EA $565,00 $101,700
14 1/3 Sitework per drawings I LS $200,000,00 $200,000
18 Furnish end cap, etc, 1296 EA $20,00 $25,920
SUB TOTAL $1,422,040
ITEMS RELATED TO EMERGENCY POWER GENERATION
4 F&I new 1,500 K diesel generator I LS $800,000,00 $800,000
7 F&I 5,000 diesel fuel tank I LS $40,000.00 $40,000
14 1/3 Sitework per drawings I LS $200,000.00 $200,000
SUB TOTAL $1,040,000
MISCELLANEOUS ITEMS
21 Mob/Demob I LS $295,000.00 $295,000
22 NPDES I LS $69,000.00 $69,000
23 Water Quality Testing Allowance I LS $7,500.00 $7,500
24 Indemnification I LS $100,00 $100
6 Demo/Modif)1, etc. fluoride metering pump I LS $10,000,00 $10,000
12 Resurface/repaint N&S degasifiers I LS $12,000,00 $12,000
19 I&C - CSD (Mark Biehl) I LS $100,477.00 $100,477
5 Install I high service pump & I 250-HP motor I LS $88,000,00 $88,000
9 Mechanical improvements to high service pump I LS $100,000.00 $100,000
20 SUB TOTAL $682,077
TOTAL BID
$4,976,517
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF
5 AMENDMENT NO 1 TO TASK ORDER NO. UOS-Ol
6 WITH JORDAN, JONES & GOULDING, INC., FOR
7 CONSTRUCTION ADMINISTRATION, MANAGEMENT,
8 AND FIELD INSPECTION FOR THE WEST WATER
9 TREATMENT PLANT IMPROVEMENTS, PHASE IV IN
10 THE AMOUNT OF $197,844.00; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, Task Order No. D05-01 was approved by the City Commission on May
15 17, 2005 by Resolution R05-084 for $490,000.00 and did not include construction phase
16 services; and
17 WHEREAS, Amendment #1 will provide construction administration, management
18 and field inspection for the West Water Treatment Plant hnprovements, Phase N; and
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24
Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize and direct the approval and execution of Amendment #1 to Task Order No.
26 D05-01 with Jordan, Jones & Goulding, Inc., for construction administration, management
27 and field inspection for the West Water Treatment Plant hnprovements, Phase N in the
28 amount of$197,844.00, a copy of which is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Task - Change Orders\Jordan Jones Amendment 1 to TO U05-01.doc
1
Section 3.
This Resolution shall become effective immediately upon passage.
2
PASSED AND ADOPTED this _ day of September, 2006.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
22
23
24
25
26 City Clerk
27
28
29 (Corporate Seal)
30
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
:\CA\RESO\Agreements\Task - Change Orders\Jordan Jones Amendment 1 to TO U05-01.doc
JORDAN
JONES &
GOULDING
3300 PGA Boulevard
Suite 780
Palm Beach Gardens, FL 33410
T 561.799.3855
F 561.799.6579
www.jjg.com
August 1, 2006
Mr. Peter V. Mazella
Deputy Utilities Director
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
RE: Boynton Beach West WTP Improvements
Task Order for Construction Phase Services
Dear Pete:
Thank you for the opportunity to submit the enclosed Task Order for construction
administration/management and field inspection for the West Water Treatment Plant Improvements. This
Task Order will be performed in accordance with our General Services Agreement that was signed by the
City on May 20, 2005.
Our proposal for construction administration/management (CNCM) and resident field inspection is
based on providing a senior level project team comprised of seasoned, well-trained, and experienced staff
members. The core staff will consist of a Resident Project Representative, located on-site for a total of
five (5) consecutive months (plus one (1) month to account for the administration period and contract
close-out). All other services will be provided over the full, 240 calendar contract period. The Resident
Project Representative will be supported by a Senior Construction Management Engineer located in our
Palm Beach Gardens office. Additionally, the lead design engineer from each respective discipline
involved in the design of this project will be available to review shop drawings, answer Requests for
Information (RFls) and conduct site visits, as necessary. These staff members will be assigned to the
project for the full duration of the WTP project's anticipated contract time of 240 consecutive calendar
days.
Our project approach is based upon the implementation of our on-line project document tracking and
control procedures to assist in the coordination and management of all project participants in their
respective responsibilities. The JJG staff members we have proposed for this project are familiar with
the implementation of our on-line procedures and are those with whom Boynton Beach is already
familiar.
JORDAN
JONES &
GOULDING
Our proposed, not-to-exceed compensation for the Office Management Construction Phase Services
outlined in the Scope of Services IS $119,878.00. These services will be invoiced monthly on a time and
expense basis. In addition, the Resident Inspector Services will be provided on a flat rate basis of
$12,994.50 per month over a six (6) month period for an estimated total of $78,122 00. These two
components together total a not-to-exceed amount of $198,000.00
Please let me know if you have any questions or would like to discuss any scope items.
Sincerely,
JORDAN, JONES & GOULDING, INC.
J;e:::/:!;t!aIk-~ 4-
Attachment
cc: Kofi Boateng, P.E., Utilities Director, City of Boynton Beach
Bud Goblisch, P.E., JJG
P:!IJ2\02408!OIJ/!PM'.cONSTRUCTION PHASE SERVICES SCOPE f1NAL./JOC
Scope of Services
City of Boynton Beach
West Water Treatment Plant Improvements
Task Order for Construction Phase Services
July 28,2006
Scope of Services
Jordan, Jones & Goulding, Inc. (JJG) proposes to perform the following Scope of Services for
this project. These services will be provided as an Amendment to the General Engineering
Consulting Services Contract by and between the City of Boynton Beach and the JJG.
Construction Administration
1. Project Initiation:
a. Establish project database
b. Prepare a log of all submittal items and packaging requirements in the database.
c. Establish and document shop drawing submittal routing, review, and approval
procedures between JJG and City staff.
d. Establish and document Request for Information (RFI) routing, review and response
procedures between JJG and City staff.
e. Establish and document Change Order routing, review, and approval procedures
between JJG and City staff.
f. Incorporate document workflow and procedures agreed upon between JJG and the
City into a comprehensive Construction Management Plan (CMP) document.
2. Pre-Construction Conference:
a. Conduct the pre-construction conference.
b. Convey shop drawing submittal, RFI, Change Order and similar procedures
documented in the Construction Management Plan to the Contractor.
Page 2
City of Boynton Beach
Scope of Services - Construction Phase Services
West Water Treatment Plant Improvements
b. Prepare a written summary of this meeting.
c. With City's concurrence, issue the Notice-to-Proceed.
3. Submittal Review:
a. Review shop drawings and other documents submitted by the Contractor for
general compliance with the requirements of the submittal log with regard to
description, numbering, packaging, and contractor and vendor certifications.
Maintain a submittal file and log and provide the City with appropriate
comments.
b. Route shop drawing submittals for review as determined during the project
initiation phase and track the review by the respective discipline design engineer
or other identified project participant.
c. Route test reports of material and equipment and other data that the Contractor is
required to submit for compliance with the contract documents to the discipline
design engineer for review and approval.
d. Take appropriate action on any other data that the Contractor is required to
submit.
e. Review the initial construction schedule for sufficient detail and period of
construction and coordination of shutdowns and tie-ins.
f. Conduct project scheduling workshop to be attended by the Contractor, City
management and plant operations staff, and JJG to:
1) Review and further develop the initial construction schedule.
2) Review plant tie-in schedule, duration, and sequence.
3) Review plant shutdown schedule, duration, and sequence.
4) Review schedule activities for completeness.
5) Review cash loading and project cash flow forecast.
6) Review activity duration and manpower resource allocations for
reasonableness.
g. Review, evaluate, coordinate, and accept, with the City's concurrence, the
Contractor's:
1) Planned construction sequence and overall schedule as developed at the
scheduling workshops.
2) Shop drawing schedule dates for consistency with the construction
schedule.
3) Pay request schedule.
Page 3
City of Boynton Beach
Scope of Services - Construction Phase Services
West Water Treatment Plant Improvements
h. Review the Contractor's proposed list of subcontractors and coordinate with the
City for acceptability.
4. Contract Coordination and Interpretation:
a. Administer the RFI process in accordance with the plan developed during the
project initiation phase and ensure timely response to the Contractor's questions.
b. Review the Contractor's updated schedules and updated monthly payments for
acceptability.
c. Consult and advise the City during construction, as requested, on technical
interpretation of drawings and specifications.
d. Handle all required correspondence on behalf of the City to the Contractor in a
timely manner.
e. Assist the City in resolving issues with the Contractor. Review, evaluate, and
make recommendations to the City regarding the Contractor's performance,
materials, access, and cleanup of the site.
5. Contract Monitoring:
a. Schedule and conduct periodic construction progress meetings (bi-monthly
meetings at a minimum and others as necessary) involving the City, JJG, and the
Contractor to review progress, schedules, and coordination of construction
activities.
b. Report on status of submittal review process, RFI's, Change Orders, and
construction issues and notices.
c. Prepare documentation of meeting activities and distribute to all parties.
d. Determine if work in progress is in accordance with construction contract
documents.
e. Inform the City as to the progress of work and endeavor to guard the City against
defects and deficiencies in the work.
f. Advise the City when the work should be approved, disapproved, or rejected as to
conformance with the contract.
g. Observe work in progress and maintain a log of appropriate documentation, both
photographic and written.
h. Observe field tests as required in the specifications.
Page 4
City of Boynton Beach
Scope of Services - Construction Phase Services
West Water Treatment Plant Improvements
1. Monitor and coordinate, as required, the performance of concrete and soil testing
services. We have presumed that the general contractor, through an allowance in
the project specifications, will contract these services.
6. Contract Changes:
a. Review and prepare contract change orders. The estimated fee includes
processing five change orders.
b. Assist the City as requested, in the evaluation of Contractor-proposed changes,
including a review of the Contractor's accompanying cost and schedule impact.
c. Conduct special meetings, as required, with the Contractor and the City staff to
review issues and mitigate cost and schedule impacts to the project.
7. Payment Requests:
a. Prepare the Contractor's payment request based upon integration with the
accepted project schedule progress update for the payment period.
b. Incorporate accompanying data furnished by the Contractor into the payment
requisition for the performance of unit price items during the period.
c. Incorporate any approved change orders into the payment requisition.
d. Route required copies of the payment request for execution and provide written
recommendations for payment to the City.
e. Transmit fully executed copies to project participants.
8. Record Drawings:
a. Coordinate the incorporation of record drawing information furnished by the
Contractor into the original construction drawings by the discipline design
engmeer.
b. Check the record drawings for inclusion of all change orders and RFIs.
9. Final Inspection:
a. Provide pre-final inspection and punch list, coordinated with the City staff, the
discipline design engineer and the contractor.
b. Track progress toward completion of punch list items.
Page 5
City of Boynton Beach
Scope of Services - Construction Phase Services
West Water Treatment Plant Improvements
c. Coordinate a final inspection with the City, the discipline design engineer, and the
Contractor and report on the status of the punch list items.
d. Prepare the final change order, evaluate the final pay request and release of liens,
and other paperwork required to close out the project.
Field Inspection
I. Provide full time resident project representative (RPR) to perform technical
observation of construction for a 6 month period. The RPR will:
a. Observe the work for compliance with the contract documents.
b. Verify quantities and percent complete on requests for monthly and final
payments from the Contractor.
c. Perform a periodic check on completeness of the Contractor's record
drawings.
d. Monitor and provide a written record of the construction, including labor
and equipment used.
e. Monitor construction progress with the current accepted schedule and
report monthly on variations.
f. Attend the progress meetings involving the Contractor, the City staff, and
the members of the design engineering team as appropriate to review
progress, schedules, coordination oftie-ins, and down times.
g. Review all outstanding issues, change orders, extra work provisions, and
RFls.
h. Assist in coordinating shutdown and re-starting plant components.
1. Review the Contractor's construction schedule versus actual completion
dates.
J. Confirm interpretation of contract documents and coordinate a response to
Contractor questions to maintain a timely continuation of construction
progress.
2. Provide primary field contact with the City with project's status of construction.
3. Provide recommendations to the City to resolve conflicts and problems.
Page 6
City of Boynton Beach
Scope of Services - Construction Phase Services
West Water Treatment Plant Improvements
Project Staffing
Construction phase services for the WTP project will be coordinated by Mr. Bud Goblisch, P.E.
a senior level Construction Administration Engineer from our Palm Beach Gardens office. Mr.
Goblisch will be supported in the field by a full-time Resident Project Representative for the
project schedule duration noted below. Discipline design engineers who participated in the initial
project design will be assigned to perform the construction phase services outlined earlier in this
proposal.
Project Schedule
The project schedule is based on the construction period of 240 consecutive calendar days (8-
months); however the first 60-days of the construction contract have been identified as an
administrative period where limited work will be performed at the WTP site. During this period
the contractor's activities will focus on completion of administrative tasks such as materials and
subcontract procurement, shop drawing submittals, construction pre-planning, construction
sequence and schedule development, schedule of values and cash flow projection submittals.
Onsite resident project representation service has been included for 6-months to account for the
administration period and project close-out, all other services will be provided over the full 240
calendar contract period.
Compensation
The proposed Hourly, Not-To-Exceed fee for the Office Management Construction Phase
Services outlined in this Scope of Services is $119,878.00. In addition, the Resident Inspector
Services are proposed to be provided at a rate of $12,994.50 per month over a 6-month period for
an estimated total of $78,122.00. The total fee of $198,000.00 is based on the construction
contract time of 240 consecutive calendar days and normal 40-hour work weeks. Should the
Contractor elect to work overtime hours in excess of 40-hours per week, they will be responsible,
as part of their contractual obligations, for the additional costs of inspection at $IOOlhour. The
fee will not be exceeded without prior approval from the City.
Approvals
Dated this
day of August, 2006.
City of Boynton Beach
Kurt Bressner
City Manager
Approved as to Form:
City Attorney
Page 7
City of Boynton Beach
Scope of Services - Construction Phase Services
West Water Treatment Plant Improvements
Jordan, Jones & Goulding
)Va ~ .
B. W~ynie,'r'
Senior Vice President
VI.-CONSENT AGENDA
ITEM C.S
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 August I, 2006 July 17, 2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) .; ~-j
--'I;
[8J September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noo~
',..J
" ~
,--,I
0 Announcements/Presentations 0 City Manager's Report
-'0 ~/}o
NATURE OF 0 Administrative 0 New Business ~.''; --.:;"
AGENDA ITEM N -=n ~,-
[8J Consent Agenda 0 Legal ~::~ rG
,- r,~~>
0 Code Compliance & Legal Settlements 0 Unfinished Business \D ;, (J
0 0 =c
Public Hearing
RECOMMENDATION: Motion to approve the roadway name change ofN.E. / N.W. nnd Avenue, from U. S. Highway
One (Federal Highway) westward to Jog Road, to be known as GA TEW A Y BOULEVARD.
EXPLANATION: The roadway from Federal Highway westward to N.E. 1st Street was originally developed as Royal Palm
Drive, pursuant to the record plat of Boynton Ridge recorded on February 20, 1953. In approximately 1955, the then City
Council (now known as the Commission) changed all of the named streets and roadways into numerical streets and roadways.
Thus, Royal Palm Drive became known as N.E. 22nd Avenue. The roadway extension westward via the Rolling Green Ridge
First Addition record plat reflects this roadway as N.W. 22nd Avenue, since it laid west of Sea crest Boulevard (the dividing
line created for addressing in the City).
The development (and construction plans) of Interstate 95 was designed in the late 1960s to parallel the existing CSX
Railroad corridor. The segment in the area ofN.W. nnd A venue was constructed in the early 1970s.
The generation ofN.W. nnd Avenue (west of the Interstate 95) to Congress Avenue (and beyond) was established in the late
1970s. This is validated with the creation of both the Motorola pm record plat on December 8, 1981, and the numerous
record plats of Quantum Park pm that were recorded in 1981, 1988 & 1989. The extension west of Congress Avenue was
also known as N.W. 22nd Avenue as shown on the Target Commercial Center record plat that was recorded on July 19, 1990.
Construction of a new Interstate 95 interchange at N.W. nnd Avenue commenced in 1990, scheduled to take approximately
21 months to construct. The City Commission at their regular meeting on June 16, 1992, discussed the renaming of
N.E./N.W. nod Avenue that was presented by the Chamber of Commerce, and upon a motion by Commissioner Harmening,
the City Commission accepted the Chamber's recommendation and passed a motion for the name change. Unfortunately, this
action requires a Resolution (as a minimum), which was not enacted at the 1992 meeting.
PROGRAM IMP ACT: Elimination of name uncertainties.
FISCAL IMPACT: None
ALTERNATIVES: Leave the current "official" name of the roadway as N.W. nnd Avenue only.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
0~e,
City Attorney / Finance
Public Works / Engineering Division
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA RENAMING
NORTHEASTINORTHWEST 22ND AVENUE, FROM U.S.
HIGHWAY ONE WESTWARD TO JOG ROAD, TO
GA TEW A Y BOULEVARD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on June 16, 1992, the City Commission discussed and adopted a motion that
renamed N.E./N.W. 22nd Avenue, from U.S. Highway One westward to Jog Road, to Gateway
Boulevard; and
WHEREAS, the renaming ofN.E./N. W. 22nd Avenue to Gateway Boulevard specifically
requires that the City Commission adopt a resolution approving the name change;
WHEREAS, the City Commission desires to re-affirm and confirm the action ofthe 1992
City Commission, and rename N.E./N.W. 22nd Avenue, from U.S. Highway One west to Jog
Road, as Gateway Boulevard; and
WHEREAS, the City Commission finds that the renaming ofN.E./N. W. 22nd Avenue to
Gateway Boulevard will facilitate emergency services to City citizens, residents, and businesses,
and is in the best interest of the health, safety, and welfare ofthe citizens and residents ofthe City
of Boynton Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1:
The "Whereas" clauses set forth hereinabove related to proposed legislative
enactments are incorporated herein by reference.
Section 2:
The City Commission of the City of Boynton Beach, Florida reaffirms the
action taken by the City Commission at their meeting of June 16, 1992, and finds that the
renaming ofN.E./N.W. 22nd Avenue to Gateway Boulevard from U.S. Highway One westward to
Jog Road will best facilitate emergency services to the residents.
Section 3:
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of
,2006.
I
S:\CA \RESO\Renaming NW 22nd A venue to Gateway Blvd.doc
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13 ATTEST:
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16 City Clerk
17
18 (Corporate Seal)
S:\CA\RESO\Renaming NW 22nd Avenue to Gateway Blvd.doc
CITY OF BOYNTON BEACH
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
2
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y
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.6
Requested City Commission Date Final Form Must be Turned
Meetin2 Dates in to City Clerk's Office
Requested City Commissioo Date Final Form Must be Turned in
Meetin2 Dates to City Clerk's Office
o August 1,2006
o August 15,2006
o September 6, 2006
t8J September 19,2006
July 17, 2006 (Noon.)
o Octobec 3, 2006
september 18,2006 (Noon)
July 31,2006 (Noon)
o Octobec 17,2006
Octobec 2, 2006 (Noon)
August 14,2006 (Noon)
o November 8, 2006
o November 21, 2006
Octobec 16, 2006 (Noon)
. --1
September 5, 2006 (Noon)
"'r::Jh
November 6,2006 (Noon):::
C,,--) -)' j
f"'\.) ;. i
i._~{) 1~~'-.~
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
181 Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
DLega1
o Unfinished Business
o
~
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RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the City
LiJDitJ with Robert & Grace Luppino for the property at 1046 FIorenee Rd, Lake Worth, FL (BypoIuxo Ridge Lot (1).
EXPLANATION: The parcel covered by.this agreement indndes a single-famlly home loCated in the San
CastlelRidge Grove project are.. OBly potable water il available for conneetion to the property at this time dae to
recent water main improvements conltn1cted 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 wiD be required by the City to serve this property.
FISCAL IMPACT: None
ALTERNA~One. ThiJ parul is within the Utilities service area.
~o ~~-SL; .
Department Head's Signature
/' buA ~
L/" L---" ~
Utilities
Department Name
XC: ~ Mazzella (wi copy of attachments)
Michael Rumpf, Planning & Zoning ..
Anthony Penn ..
File
City Attorney I Finance I Human Resources
S:\BUUETIN\FOJrnS\AOENDA ITEM REQUEST FORM-DOC
1 RESOLUTION NO. R06-
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 ROBERT LUPPINO AND
9 GRACE LUPPINO; 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 1046 Florence Road, Lake Worth, Florida (Hypoluxo
14 Ridge Lot 61); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in San Castle/Ridge Grove project area; and
17 WHEREAS, water main improvements have recently been constructed by Palm
18 Beach County as part of a neighborhood improvement project on this street allowing for the
19 service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
S:\CA\RESO\Agreements\Water Scrvice\Luppino Water Service Agreement.doc
1 Robert Luppino and Grace Luppino, a copy of said Agreement is attached hereto as Exhibit
2 "A".
3
Section 3.
This Resolution shall become effective immediately upon passage.
4
5
6 PASSED AND ADOPTED this _ day of September, 2006.
7
8
9 CITY OF BOYNTON BEACH, FLORIDA
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13 Mayor - Jerry Taylor
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17 Vice Mayor - Carl McKoy
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21 Commissioner - Robert Ensler
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25 Commissioner ~ Mack McCray
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29 Commissioner - Muir C. Ferguson
3 Attest:
31
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3 City Clerk
35
36 (Corporate Seal)
2
S:\CA\RESO\Agreements\Water Service\Luppino Water Service Agreement.doc
1046 Florence Road, Lake Worth, Florida - Google Maps
Page 1 of I
Address 1046 Florence Rd
Lake Worth, FL 33462
http://www.google.com/maps?f=q&hl=en&q= 1 046+Florence+Road, +Lake+ W orth,+Flori... 8/31/2006
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 LIMITS AND COVENANT FOR ANNEXA nON
TillS AGRE~NT made on this _ day of ,200_, by and between
Kober-r~ Qv1c1 reeL -g U-LpPj'fJO hereinaftercaDedthe"Customer",andtheCITY
OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the
"City".
WHEREAS, Customer owns real property outside of the jurisdictional1imits 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 jurisdictional1imits 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 foDows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as foDows and which Customer represents is owned by
Customer: (Exhibit A)
,J.. The Customer and tile City hereby agree that there are 11- Equivalent Residential
Connections which City shaD service.
3. The Customer agrees to pay all costs and fees of engineering, material, lalx>r,
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. 1be
Customer shall be respoDSlble for installation in confonnance 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. Tbe City shall bave 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 a<; 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 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 connect~g 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.
'1'
2
9. Annexation is intended to be and is bereby made a covenant running with tbe 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, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer sball 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,
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 baving jurisdiction over sucb 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 Connnission, 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 connect:iop 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 theii hands and seals this _ day of
, 200_.
WITNESS:
(!.~-~
Witness SIgnature
~ (!ile{;Y- ~ u bermCk YJ
Printed Witness Name
~~~:r
Witness Signature
INPIVIDUz. ) O~R(S):
X~M..-eff ~
,"' Owner Signature
. arace L~
Printed Owner Name
'"'
Sf/filA} COLCjN-J
Printed Witness Name
3
c '(!1uUU(. ~JJVVYl[VYJ
Witness Signature
,1 '€( - ub-erma
Printed Wit
~~~.~
<~~~
Owner Signature
Jo~ l\)~D)'l(to
Printed Owner Name -rr
Witness Signature
'"
5(;J/tN (OLL/NJ
Printed Witness Name
FOR INDIVIDUAL (S) 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
aforesaid and in.. the County oresaid to~ake ackno~ledgments, personally appeared
I 1M (l;vJj be~--t.D / 1t0 to me known to be the
rson(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::t=bl;# g roee - L ,~()- 31(0- yg- 7;;..b . 0 .
I2obert- L1-Sb- 7"& - t;7- ) J'g- 0
Jh A r J WITNESS my hand and Offi. cial seal in the County and State last aforesaid this '6
~t , 200~
day of
!i~~
~ OF,.;!
Notary Public State of Florida
Carol A Mahoney
My Commission 0D460414
Expires 0811012009
~(vU~ il
Notary Public
(Notary Seal)
WITNESS:
OTY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Oerk
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 INST RUMENT PREPARED BY
James A. Cheral, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF R, I~\ IJvd.L
If!!iJ (l~/'~-tlt L"'rf..." <\N.J G'....o.ct!, L"'t?~'Hi> ,hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLOR:DA, 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:
. . . Q .~
00- c/3- 45-'()7'O~
oZ) 0 - ()610
~
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.
day of
-r1^----
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~
Au- rt- . in the year two thousand and @(p
Sealed and delivered in the presence of
\-JJ{\~/ d~)
Owner Signature , r--
6ra~e L~P'h()
Printed Owner Name ..-.-.
Q.~-
Witness S'g ture
o {lJtex~, gobermap
PrintedWitn ss Name
~~~
Witness Signature
'-
S V.fA-AI Co L L( )J J'
Printed Witness Name
~.(J~-Jd~
Witness Signat re
o .Q)tenl/ - buhumalJ
Printed Wit;:;Ess Name
~~~~'I
Witness Signature
'-
SV-SkN C6~.t-fAlf
Printed Witness Name
~~~
pri~~~ame L~()
STATE OF FLORIDA )
J ss:
COUNT'( OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowfedged ~fore me this ~ day
of ~+ ,20 o(p , by 3(U~ 12 lufPlrW -r /&J~,1 if luw~ and
, who are known to me or who have produced
:f="" 0 L , as identification and who did/did not take an oath.
qr&c~ =L:50-~10-$'8;,~::;_~ ~ It (ill~.
~rt l '50. ,bJ- ~TARYPUBlIG~
l 'aID I pit rY/0- Vt~~
Type or Print Na~
Commission No. Dr) %0 '-fr Cf
My Commission Expires:
:f~~' ~. Notary PUblic Slate of Florida
. . Carol A Mahoney
~ ;/ My Commission D0460414
0, t\' ExpIres 0811012009
062010630 064'
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0380
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Palm Beach County Property Appraiser Property Search System
Page 1 of2
location Address: 1046 FLORENCE RD
'.ill~MaA;y;.?K&0"jl
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-03-000-0610
Subdivision: HYPOLUXO RIDGE IN
Official Records Book: 04457 Page: 0233 Sale Date: Jan-1985
Legal Description: HYPOLUXO RIDGE LT 61
Owner Information
Name: LUPPINO ROBERT B & GRACE M
Mailing Address: 1046 FLORENCE RD
LAKE WORTH FL 33462 5339
Sales Information
Sales Date Book/Page Price Sale Type Owner
Jan-1985 04457/0233 $42,000 WA RRANTY DEED
May-1984 04392/0809 $100 QUIT CLAIM
Jan-1977 02765/1434 $25,500 NO DATA FOUND
IU";;i);f",'AIlL~';"''''';J&J
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 Tax Year 2004
$81.005 ~ 72.097 $65 120 Number of Units: 1
$17.086 tl 15.360 $12 000 *Total Square Feet: 0.00
$98.091 ~ 87.457 $77 120
Description: RESIDENTIAL
* in residential properties may indicate Iivin9 area.
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Tax Year: 2004 2003 2002
Assessed Value: 58.895 57.797 $56 442 I~~
Exemption Amount: 25.000 25.000 $25 OO(]
Taxable Value: ~33.895 ~32.797 $31.442
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2004
661
191
852
~
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
Record Search IlDformatiQ!} I Exemptions I Communl!y I Employment I New_ Home Buyer I Office Locations
~~~ liiW~~~ liB,~",,,,,Rr:Inl!"';rk!i0iNiriil
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043450903000... 7/2012005
All Owner
Page I of I
All Owner(s)
peN Number:
00-43-45-09-03-000-0610
Owner Names
LUPPINO GRACE M
LUPPINO ROBERT B & GRACE M
1_~_0_'&icl'~^ -.J
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httn:/ /www.co.palm-beach.fl.us/papalaspx/web/all Owner .aspx?entity _ id=004 34509030000... 7/20/2005
(([
y
VI.-CONSENT AGENDA
ITEM C.7.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office
0 August 1,2006 July 17, 2006 (Noon.) 0
0 August 15,2006 July 31, 2006 (Noon) 0
0 September 6, 2006 August 14,2006 (Noon) 0
~ September 19,2006 September 5, 2006 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office
October 3, 2006 September 18, 2006 (Noon)
October 17,2006 October 2,2006 (Noon)
November 8, 2006 October 16, 2006 (Noon)
November 21,2006
d
1
November 6, 2006 (Noon-)
~-:'J
---)
-'
o AnnouncementslPresentations
o Administrative
[gI Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
-~J
o City Manager's Report
o New Business
o
o
o
_..._~
-...;
NATURE OF
AGENDA ITEM
t_: l
r-.)
~-"- ..I._
, .._,,~
_.;."~ .'..,-J
Legal
Unfinished Business
,---=:)
;.)
-.,.
C~"i(;
-"-
RECOMMENDATION: Staff recommends Adoption of Resolution R granting the Commission to
authorize the execution and payment of the annual service agreement between Motorola and the City of Boynton
Beach.
EXPLANATION: The service agreement with Motorola is to provide 24 bours of repairs for dispatch service,
technical support service, network monitoring service, infrastructure repair with advanced replacement service,
onsite response service- Premier Option, and microwave Services.
PROGRAM IMPACT: Budgeted item #001-1810-519-46-24, amount 128,219.16
FISCAL IMPACT: NO ALTERNATIVES:
A1A~/1({~~
artment Head's ignature
&Q1n1I<<1:I'~~ )J-r~j-
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.J
1 RESOLUTION NO. R 06-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER TO EXECUTE
7 A SERVICE AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND MOTOROLA, INC.,
9 PROVIDING FOR THE MAINTENANCE OF THE
10 RADIO SYSTEM FOR A TWELVE (12) MONTH
11 PERIOD, IN AN AMOUNT NOT TO EXCEED
12 $128,219.16; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to enter
17 into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a
18 twelve (12) month period;
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24
Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize and direct the City Manager to execute a Service Agreement between the
26 City of Boynton Beach and Motorola, Inc., a copy of said Agreement is attached hereto as
27 Exhibit "A."
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Motorola Service Agr 090606.doc
1
2
PASSED AND ADOPTED this _ day of September, 2006.
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
Mayor - Jerry Taylor
Vice Mayor ~ Carl McKoy
10
11
12
13
14
1
1
1
1 ATTEST:
1
2
21 City Clerk
2
2 (Corporate Seal)
2
2
2
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA\RESO\Agreements\Motorofa Service Agr 090606.doc
~ MOTOROLA
VeL 49 Build 1000
SERVICE AGREEMENT
gOf)-lqS
l\ttn: National Service Support
1307 East Algonquin Road
Schaumburg, IL 60196
'800) 247-2346
Agreement Order # . 0~~~.!i950603
Supersedes Agreement #(s): 315004363
Date: 3/29/2005
Required P.O.: No
Customer # : 1000303040
~ Company Name: City of Boynton Beacl~__
Attn:
Bill to Tag #: _0001_____
Contract Start Date: 10/01/2005
Contract End Date: 09/30/2006
Anniversary Date:
Payment Cycle: Ouarter11. ..
Tax Exempt: Yes
PO#:
Billing Address: 100 E Boynton Beach Blvd
City, State, Zip: Boynton Beach. FL 33425
Customer Contact Brenda Levant
Phone: 561-742-6033
Fax: 561-742-6039
Description
Dispatch Service
Technical Support Service
Network Monitoring Service
Local Radio Combo Package
Infrastructure Repair With Advanced Replacement Service
OnSite Infrastructure Response Service - Premier Option
SP - Microwave Services
SP - Software Subscription Agreement
-MOilthIYExt- T-
$ 213.11 $
$ 123.76 $
$ 173.70 $
$ 5,199.55 $
$ 1,194.27 $
$ 2,679.04 $
$ 410.40 $
$ 405.00 $
.. - Extended --1
.- 2.557.321
1.485.121
2,084.40
62.394.60
14,331.24
32,148.48
4,924.80
4,860.00
I
I
Qty
Model/Option
SVC01SVC1102
SVC01SVC1104
SVC01SVC1103
SVC01SVC1422
SVC01SVC1101
SVC01SVC1413
SVC02SVC0001
SVC02SVC0003
_J_ 1_
"=1= SUBTOTAL - RECURRING SERVICES $
CIAL INSTRUCTIONS _ ATTACH STATEMENT OF WORK FOR FE",ORMANCE __SUBTOTAL - ONE-TIME EVENT SERVICES
!!PlIONS TOTAL $
--- -- --
attached list for equipment covered.
..~- -
c--___________ TAXES $0.00
GRAND TOTAL $
-----
THIS SERVICE AMOUNT IS SUBJECT TO STAT
JURISDICTIONS, TO BE VERIFIED BY
----------
SUBCONTRACTOR(S) CITY
Motorola - SSG-Call Genter Operations Schaumburg
1000661 ---
Motorola - SSe-Technical Support Schaumburg
Onerations 1000681 --
Motorola - SSG-Network Management Schaumburg
O""'alions (000671
Motorola - South Florida FSO (00164) Ft Lauderdale
Motorola - Infrastructure Depot Operations Schaumburg
100 (00002) ----
Motorola - NIO SSA Team Schaumburg
~---------~ --'-'--- ---. .------ ,.---- -
---- ----- .--.-.- ----- - - -- --
-~._--- ------- L_______ ---
)'a's Se 'ce Tenns & Conditions, a copy of which is attached to this Service
ment,' i corpo herein by this reference
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, Fl
DATE
TITLE
Customer Support Manager
TITLE
954-723-4718
------ --,------_._-----------
PHONE
DATE
954-723-4791
FAX
rROLA REPRESENTATIVE (SIGNATURE)
1 Smith
ROLA REPRESENTATIVE (PRINT NAME)
~~
SPC v4.9 Build 1000C1TY ATTORNEY
rJ(J03 - r20tJ~
I
I
".,,"" . ... '- =y'.""" I
$ - j
:::::: ~oo . ~:::::I,
E & LOCAl TAXING
MOTOROLA .__...~____ _j
STATE-- -------j
11.---------1
,
IL
IL
=- f-=-
--- -- -
--j
i
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Rplp~c:.A n~tA' 01/()1/0t:..
@ MOnHIOLA
Ver. 4.9 Build 1000
SERVICE AGREEMENT
Attn: National Service Support
1307 East Algonquin Road
chaumburg, IL 60196
(BOO) 247-2346
Agreement Order , : 0555014950603
Supersedes Agreement fl(s) : 315004363
Date: 41112006
Company Name: City of Boynton Beach
Attn:
Billing Address: 100 E Boynton Beach Blvd
City, State, Zip: Boynton Beach, Fl 33425
Customer Contact ~ ~we..n:r"n(l.So1')
-
Phone: 561-742-6033
Fax: 561-742-6039
Required P.O.: No
Customer,: 100030304O
Bill to Tag': 0001
Contract S1art Date: 1010112006
Contract End Date: fJ9I3OI2OO7
Anniversary Date:
Payment Cycle: Quarterly
Tax Exempt Yes
PO,:
Qty ModellOptlon Description Monthly Ext Extended
Total Services: $ 10,684.93 $ 126,219.16
SVC01SVC1102 DIspatch SetVlce
SVC01SVC1104 Technical Support SetVlce
SVC01SVC1103 Network Monitoring Service
SVC01SVC1422 Local RsdJo Combo Package
SVC01SVC1101 Infrastructure Repair With Advanced Replacement Service
SVC01SVC1413 OnSJte InfrutnJcture Response SetVIce - PremIer Option
SVC02SVCOOO1 SP - MlcrollMV8 SenIfces
SVC02SVC0003 SP - Sotrwere SubscI1pt/on Agreement
I
SUBTOTAL - RECURRING SERVICES $ 10,684.93 $ 126,219.16
SPECIAL INSTRUCTIONS - ATTACHSTA-'-OF_FOR~ SUBTOTAl- ONE-TIME EVENT SERVICES $ -
~ TOTAL $ 10,684.93 $ 126,219.16
See attached list for equipment covered. TAXES $0.00 $0.00
GRANO TOTAL $ 10,684.93 $ 126,219.16
THIS SERVICE AMO\.NT IS SUBJECT TO STATE & lOCAL TAXING
JUlISDICT1ONS. TO BE IlERIFIED BY IIOTOIIOtA
SUBCONTRACTOR(S) CITY STATE
Motorola . SSC-CaIl Cenler Operations Schaumburg IL
I tDOO88l
Motorola - sse- Technical Support Schaumburg IL
MaklroIa - SSC-Network Management Schaumburg IL
Control Communications Inc. Devie FL
Motorola - 1nfnlstnJc:lwe Depot Opel8lions Elgin IL
IDO IDOllIl7I
MoIioroIa - South Florida FSO (00164) Ft Lauderdale FL
MoIomIa - NIO SSA Team Schaumburg IL
MoIioroIa's SeMce Terms & Conditions, a copy of which is attached to this SeMce
. .
Agreement. IS mcorpoIlIlBd herein by this reference
5~clL
. 1$11 . R (PRINT ~E) .
.R).
REPRESENTATIVE (SIGNAlURE) ~
Clndee Smith
MOTOROlA REPRESENTATIVE (PRINT NAME)
SPC v4.9 Build 1000
TIlLE
DATE
Customer Support Manager
TITt.E
954-723-4718
PHONE
DATE
954-723-4791
FAX
ReIeese Date: 01/01105
Customer: Bovnton Beach. City of
QW EauiDment DescriDtion
5 Quantar Repeaters
4 Centracom Gold Elite Consoles
8 Control Stations
5 RCH Digital Remote
1 Moscad (1 PC, 1 Laptop, 1 RTU)
61 Astro Spectra Mobiles
222 L TS2000
98 LCS2000
248 XTS3000
15 XTS5000
2 XTL5000
1 Microwave System
System Descriotion
1 Prime Site
1 Dispatch Center
5 Channels
Effective: 10/1/2006
Service Terms and Conditions
Motorola, Inc., through its Commercial, Govemment, and Industrial Solutions Sector ("Motorola'),
and the customer named in this Agreement ('Customer"), hereby agree as follows:
Section 1 APPLICABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola agrees to
provide to Customer either (1) maintenance, support and/or other services under a Motorola
Service Agreement, or (2) installation services under a Motorola Installation Agreement
Section 2 DEFINmONS AND INTERPRETATION
2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service
Agreement or the Installation Agreement. as applicable; and any other attachments, all of which
are incaporated herein by this reference. In interpreting this Agreement and resolving any
ambiguities, these Service Terms and Conditions will take precedence over any CXlver page, and
the cover page will take precedence over any attactvnents, unless the CXlver page or attachment
specifically states otherwise.
2.2. 'Equipment" means the equipment that is specified in the attachments or is subsequently
added to this Agreement.
2.3. "Services" means those installation, maintenance, support, training, and other services
described in this AgreemErll.
Section 3 ACCEPTANCE
Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in
the Agreement. This Agreement will beCXlme binding only when accepted in writing by Motorola.
The term of this Agreement witl begin on the "Start Date' indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed
statement of work .or other document attached to this Agreement. At Customer's req uest.
Motorola may also provide additional services at Motorola's then-applicable rates for such
services.
42. If Motorola is providing Services for Equi pment, Motorola parts or parts of equal quality will
be used; the Equipment will be serviced at levels set forth in the manufacturers product manuals;
and routine service proc edures that are prescribed by Motorola will be followed.
4.3. If Customer pLrchases from Motorola additional equipment that becomes part of the same
system as the inilial Equipment, the additional equipment may be added to this Agreement and
will be billed at the applicable rates after the warranty for such additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when addllional equipment
is added to the Agreement. Upon reasonable request by Motorola, Customer .will provide a
complete seriat and model number list of the Equipment. Customer must promptly notify Motorola
in writing when any Equipment is lost, damaged, stolen or taken out of service. Customers
obligation to pay Ser...ce fees for such Equipment will terminale at the end of the month in which
Motorola rece;vessudl written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in
hazardous environments.
4.6. If Equipment camot, in Motorola's reasonable opinion, be property or economically serviced
for any reason, Motorola may modify the scope of Services related to such Equipment; remove
such Equipment from the Agreement, or increase the price to Service such Equipment
4.7. Customer must promptiy notify Motorola of any Equipment failure. Motorola will respond to
Customer's notification in a manner consistent with the level of Service purchased as indicated in
this Agreement
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or "'placement of Equipment that has become defective or
damaged from use in other than the nonnal, customary, intended, and authorized manner; use not
in compliance with applicable industry standards; excessive wear and tear, or accident, liquids,
power surges, neglect, acts of God or other force majeure events.
52. Wiess specifically i'duded in this Agreement, Service excludes lIems that are consumed in
the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or
reprogramming Equipment, accessories, ben clips, battery chargers, custom or special products,
modified units, or software; and repair or mainsnance of any transmission line, antenna,
microwave equipment, tower or tower lighting. duplexer, combiner, or multiCXlupler. Motorola has
no obligations for any transmission medium, such as telephone lines, computer networks, the
internet or the woridwide web, or for Equipment malfunction caused by such lansmission
medium.
Section 6 TIME AND PlACE OF SERVICE
Service will be provided at the location spedfied in this Agreement. 'M1en Motorola performs
service at Customers location. Customer will provide Motorola, at no charge, a non. hazardous
work envirCJ1ment with adequate sheller, heat, light, and power and with full and free access to the
Equipment Wt!i vers of 6ability from Motorola or ns subcontractors will not be imposed as a slle
access requirement. Customer win provide aN information pertaining to the hardware and
softw...e elements of any system with which the Equipment is interfacing so that M~oroIa may
perfonn lis Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30
a.m. to 4:30 p.m., local time, exduding weelends and holidays. Unless otherwise stated in this
Agreement, the price for the Services exclude any charges or expenses associated with helicopter
or other unusual access requirements; ~ these charges or expanses are reasonably incurred by
Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and
expenses.
Section 7 CUSTOMER CONTACT
Customer wiI provide Motorola with designated points of contacl (list of names and phone
numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an
escalation procedtxe to enable Customer's persomel to maintain contact, as needed, with
Motorola.
Section 8 PAYMENT
Unless alternative payment terms are specifically stated in this AgreemEl1~ Motorola will invoice
Customer in advance for each payment JIlIiod. All other charges will be btlled monthly, and
Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date.
Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes,
and other taxes or assessments levied as a result of Services rendered under this Agreement
(except income, prorn, and franchise taxes of Motorola) by any governmental ertity.
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and
workmanship for a period of ninety (90) days from the date the perfonnance of the Services are
completed. In the event of a breach of this warranty, ClStomers sole remedy is to require
Motorola to fe-perform the non-conforming Service or to refund, on a pro.rata basis, the fees paid
for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Section 10 DEFAULTfTERMINATlON
10.1. If either party defaults in the performance of this Agreement, the other party will give to the
non-perfooning party a written and detaited notice of the deflUlt. The non-performing party will
have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to
the other party and begin implementing the cure plan immedIately after plan approval. If the non-
Service Terms and Conditions.FINAL.9.1.03.doc (CSA formatted)
performing party fails to provide or implement the cure plan, then the Injured party, in addnion to
any other rights available to II under law, may invnediately terminate this Agreement effective
upon giving a written notice of terrmnation to the defauKing party.
10.2. MY termination of this Agreement will not relieve either party of obligations previously
incurred pursuant to this Agreement, including payments which may be due and owing at the lime
of termination. All sums owed by Customer to Motorola will become due and payable immediately
upon termirtltion of this Agreement Upon the effective dale of termination, Motorola will ha"" no
further obligation to provide SeMces.
SectIon 11 LIMITATION OF LIABILITY
This limitation of liability provision shall apply notwi thstanding any contrary provision in this
Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of
contract, warranty, negligence, strid liability in tort. or otherwise, will be limited to the direct
damages recowable under law, but not to exceed the price of twelve (12) months of Service
provided under this Agreement. ALTHOUGH THE PARTIES ACKNOv.tEDGE THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA 'MLL NOT
BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA,
GOOD 'MLL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL. IICIDENTAL,
INDIRECT, OR CONSEQUENTIAl DAMAGES IN ANY WAY RELATED TO OR ARISING FROM
THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO
THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the
transactions CXlntemplated by this Agreement may be brought more than one (1) year after the
accrual of such cause of action, except for money due upon an open account. This limitation of
liability will survive the expiration or termination of this Agreement
SectIon 12 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings
between the parties, whether written or oral, related to the Services, and there are no agreements
or representations conceming the subject matter of this Agreement except for those expressed
herein. The Agreement may not be amended or modified except by a written agreement signed
by a uthorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance
of this Agreement, however, an omission of the reference to this Agreement shall not affect lis
applicability. In no event shall either party be bound by any terms contained in a Customer
pu-chase order, acknowledgement, or other writings unless: (i) such purchase order,
acknowledgement, or other writings specifically refer to this Agreement; (iij dear1y indicate the
intention of both parties to override and modify this Agreement; and Qii) such purchase order,
acknowledgement, or other writings are signed by authorized representatives of both parties.
Secllon 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL
PROPERTY RIGHTS
13.1. MY information or data in the form of specifications, drawings, repOnts, technical
information or otherwise furnished to Customer under this Agreement will remain Motorola's
property. will be deemed proprietary, win be kept confidential. and wm be promptly returned at
Motorola's request Customer may not disclose, without Motorola's written permission or as
required by law, any such intonnation or data to any person, or use such information or data IIself
for any purpose other than performing its obligations under this Agreement. The obligations set
forth In this Section will survive the expiration or termination of this Agreement.
13.2. Unless otherwise agreed in writing, no commercial, financial or technical information
dIsclosed in any manner or at any time by Customer to Motorola will be deemed secret or
confidential. Motorola will have no obligation to provide Customer with access to its confidential
and proprietary infonnation, including CXlSt and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise. any
ownership right or license under any Motorola paten~ copyright. trade secret. or other intellectual
property including any Ultellectual property created as a result of or related to the Equipment sold
or Services performed under this Agreement
Section 14 FCC lICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the
Federal Canm...,Ications Commission or any other federal, state, or local government agency and
for complying with all rules and regulations required by such agencies. Neither Motorola nor any
of its employees is an agent or representative of Customer in any governmental matters.
Section 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter,
Customer will not hire, engage on contract. solicit the employment of, or recommend employment
to any third party of any emptojee of Motorola or its subcontraclors without the prior written
authorization of Motorola. This provision applies only to those employees of Motorola or its
subcontraclors who are responsible for rendering services under this Agreement. If this provision
is found to be ove~y broad under applicable law, II shaN be modified as necessary to confonn to
such IaN.
Section 16 MATERIALS, TOOLS AND EQUIPMENT
AU tools. equipment, dies, gauges. models, drawings or other materials paid for or furnished by
Motorola for the pupose of this Agreement will be and remain the sole property of Motorola
Customer will safeguard all such property whRe II is in Customer's custody or control, be liable for
any loss or damage to such property, and return II to Motorola upon request. Such property will
be held by Customer for Motorola's use without charge and may be removed from Customer's
premises by Motorola at any time without restriction.
Section 17 GENERAL TERMS
17.1. ~ any COlJ't renders any portion of this Agreement unenforceable, the remaining terms will
continue in full force and effect.
172. This Agreement and the rights and duties of the parties will be governed and interpreted in
accordance with the laws of the State in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right. power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes such as
strikes, material shoriages, or acts of God that are beyond that party's reasonable control.
17.5. Motorola may assign lis rights and obligations, and may subcontract any portion of its
performance, under this Agreement.
17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM. ON
EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE
SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN
WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY
(30) DAYS OF THAT ANNIVERSARY DATE. At the anni versary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.7. If Motorola provides Services after the termil1llion or expiration of this Agreement. the
terms and CXlnditions in effect at the time of the termination or expi ration will apply to those
Services and Customer agrees to pay for such services on a time and materials basis at
Motorola's then effective hou~y rates.
. MOTOROLA
Statement of Work
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response
services to the Customer. These services are applicable only for the following system types: SmartZone up to
release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway)
v2.0.3 and higher, and E911.
1.0 Description of Services
Network Monitoring is a service designed to electronically monitor Elements of a Communication System for
Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSe) detects
an Event, trained technologists acknowledge the Event, run remote diagnostic routines, and initiate an
appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the
Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of
a Servicer. The Servicer will respond to the Customer location based on pre-defmed Severity Levels set forth in
the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the
System.
Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site
Servicer until System Restora1 occurs and Case is closed. The SSC will Continuously track and manage Case
activity from open to close through an automated Case tracking process. This Case management allows for
Motorola to provide activity and performance reports.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such
equipment upon Customer's request.
2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink, and Private
Data system types.
2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date.
2.4. Continuously receive service requests.
2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant
to section 3.1
2.6. Attempt remote Restoral, as appropriate.
2.7. Create a Case as necessary when service requests are received. Gather information to perform the
following:
2.7.1. Characterize the issue
2.7.2. Determine a plan of action
2.7.3. Assign and track the Case to resolution.
2.8. Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information
collected in section 2.7
2.9. Ensure the required personnel have access to Customer information as needed.
2.10. Disable and enable System devices, as necessary, for Servicers.
2.11. Servicer will perform the following on-site:
2.11.1. Run diagnostics on the Infrastructure or FRU.
2.11.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may
provide Infrastructure or FRU.
2.1].3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and
any other requirements necessary to perform the Maintenance service.
2.11.4. I f a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor
onto the Customer's premises.
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 1 01'4
CD MOTOROLA
2.12. Verify with Customer that Restoration is complete or System is functional, ifrequired by Customer's
repair Verification preference in the Customer Support Plan required by section 3.4. If Verification by
Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer
will be released.
2. I 3. Esca]ate the Case to the appropriate party upon expiration of a Response time.
2. ]4. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved.
2. I 5. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case 1eve]s
2.15.1. Open and closed; or
2.15.2. Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed.
2.] 6. Provide the following reports, as applicable:
2. I 6. I. Case activity reports to Customer.
2. I 6.2. Network Monitoring Service reports for Customer System(s), excludes E9 I I.
2. I 6.3. Performance/Availability Reports for SmartZone, SmartZone/ OnmiLink, and Private Data
Systems only.
3.0 Customer has the following responsibilities:
3.1. Allow Motorola Continuous remote access to obtain System availability and performance data.
3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if
recommended by Motoro]a. Fai]ure to purchase such equipment as recommended by Motoro]a may
prevent Motorola from rendering the services described in this Statement of Work.
3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET and E91 I System
types.
3.4. Provide Motoro]a with pre-defined Customer information and preferences prior to Start Date necessary to
complete Customer Support Plan.
3.4.1. Case notification preferences and procedure
3.4.2. Repair Verification Preference and procedure
3.4.3. Database and escalation procedure forms.
3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.5. Provide the following information when initiating a service request:
3.5. I. Assigned System ill number
3.5.2. Problem description and site location
3.5.3. Other pertinent information requested by Motoro]a to open a Case.
3.6. Notify the System Support Center when Customer performs any activity that impacts the System.
(Activity that impacts the System may include, but is not limited to, installing software or hardware
upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.)
3.7. Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote
service is not possible.
3.8. Supply Infrastructure or FRU, as applicable, in order for Motoro]a to Restore the System as set forth in
paragraph 2. 11.2
3.9. Maintain and store in an easy accessible location any and all Software needed to Restore the System.
3.10. Maintain and store in an easily accessible location proper System backups.
3.] I. For E9 I I systems, test the secondarylbackup PSAP connection to be prepared in the event of a
catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of
switching to the backup PSAP.
3. ]2. Verify with the SSC that Restoration is complete or System is functional, if required by the Repair
Verification Preference provided by Customer in accordance with section 3.4.
3.13. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motoro]a to
provide these services.
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 2 of 4
. MOTOROLA
Severity Definitions Table
Severity Level Problem Types
-~._----
Severity I . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. This level is meant to represent a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
perspective. No Work-around or immediate solution is available.
--
Severity 2 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system down
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system upgrades.
Response Time Table (Customer's Response Time Classification is designated in the Service Agreement).
Severity Regular Premier Limited
Level Response Time Response Time Response Time
Severity I Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification
Continuously Continuously Standard Business Day
Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from
receipt of Notification receipt of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 3 of 4
. ItfOT'OROLA
Monitored Elements Table
(Listed by technology)
SmartZone 6.0
Nortel; Packet Routing Network; Zone
Controllers; Database Server; FullVision
Server; Zone Statistical Server; Air Traffic
Router; System Statistics Server; User
Configuration Server; Packet Data Gateway
Server; PBX; Interconnect Server; Motorola
Gold Elite Gateway(MGEG); AEB; CEB;
ARCADACS Cross Connect Switch;
Simulcast RF Site (Site Controllers,
Comparators, Stations); Intelli Repeater RF
Site (Stations);Intelli Site Repeater RF Site
(Site Controllers, Stations);
SmartZone 4.1
MOSCAD Overlay (TenSr, Station,
Channel Banks, TRAK GPS, Environmental
A1anns, Microwave)
Zone Controllers; Database Server; Digital
Interface Unit (DIU); Central Electronic
Bank (CEB) Interface; AEB;
FullVision Server; Air Traffic Router;
System Statistics Server (Multi-Zone); Zone
Statistical Server; User Configuration
Server; NOVA 2000 (Interconnect); Remote
RF Sites (Site Controllers Including
Simulcast, Stations);
SmartZone 3.0 - 3.5
MOSCAD Overlay (Stations-Non Trunked,
Comparater, TenSr Channel Banks,
Environmental Alanns, Microwave)
Zone Controller; Database Server; User
Server; Digital Interface Unit (DIU); Central
Electronic Bank (CEB) Interface;
AEB; User Configuration Server (3.5);
Historical Server (User Server 16); AEB
Central Electronic Bank (CEB); MBX
(Interconnect); Remote RF Sites (Site
Controllers -Including Simulcast, Stations);
SMARTNET Monitored by MOSCAD SiteSentry
MOSCAD Overlay (Stations, TenSr
Channel Banks, Environmental Alanns,
Microwave)
Site Controllers; Stations; Environmental
Alarms; Channel Banks
Wireless Network Gateway (WNG); Radio
Network Controller (RNC); Base Station
Teltronics ALl
Te1tronics ANI
Teltronics ALl
Palladium ALl
Teltronics ANI
Private Data
E911 - Centra1ink Classic - Monitored by SEB
E911 - Centralink Classic- Monitored by RAC
E911 - C2000IPalladium
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 4 of 4
CD MOTOROLA
Statement of Work
Local Radio Support
1.0 Description of Service
Local Radio Support provides an operational check of Equipment that is specifically named in the applicable
Agreement to which this Statement of Work is attached. An operational check is an analysis of the Equipment
to identify external or internal defects.
If the Equipment has an external defect, or can be Restored without opening the radio case, the Equipment will
be Restored and returned to Customer. If the Equipment has an internal defect, or is not serviceable without
opening the radio case, then the Equipment will require additional service provided by the Servicer and not
described in this Statement of Work.
Local Radio Support includes service on standard palm microphones and single mobile control heads, provided
that they are required for normal operation of the two-way mobile and are included at the point of manufacture.
Local Radio Support excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones;
non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and
multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies.
The following are excluded from Local Radio Support service unless they are purchased as an option for an
additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones,
Portable Antenna Replacements Mobile Remote Control Heads.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1 Service to be performed at the Servicer facility during Standard Business Days.
2.2 Perform an operational check on Equipment to determine the nature of the problem.
2.3 Remove/reinstall mobile or data Equipment from/to vehicle as needed for servicing.
3.0 Customer has the following responsibilities:
3.1 Deliver and pick up Equipment to/from the Servicer facility.
3.2 Inform Servicer of description of problem for Equipment brought in for service.
3.3 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Local Radio Support service to Customer.
Local Radio Support
Approved by Motorola Contracts & Compliance 04/03/04
Page 1 of I
CD MOTOROLA
Statement of Work
Local Radio Support
OnSite Option - Pick & Delivery
1.0 Description of Service
For the OnSite Option ("Option"), equipment will be picked up from and delivered to the Customer's location,
within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined
in the Customer Support Plan.
The On Site Option of Local Radio Support SOW covers Equipment that is specifically named in the applicable
Agreement to which this Statement of Work is attached.
2.0 Motorola has the following responsibilities:
2.1. Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location,
days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule,
Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable
alternative date and/or time for pick up/delivery.
2.2. Generate service receipt and leave with Customer.
3.0 Customer has the following responsibilities:
3.1. Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time.
3.2. Provide problem description along with Equipment.
Local Radio Support Remote Control Head Option for Mobiles
Approved by Motorola Contracts & Compliance 04/03/04
Page I of I
. MOTOROLA
Statement of Work
Technical Support Service
1.0 Description of Services
The Technical Support service provides centralized remote telephone support for technical issues that
require a high level of communications systems expertise or troubleshooting on Equipment. The
Motorola System Support Center's (SSe) Technical Support Operation is staffed with technologists
who specialize in the diagnosis and resolution of system performance issues. Technical Support
Service (i) -does not include software upgrades that may be required for issue resolution; and (ii) does
not include Customer training (iii) is only available for those system types supported and approved by
Technical Support Operations.
Technical Support is applicable to the following system types: Astro 25 6.x, SmartZone v2.0.3 and
higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two-
Way.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by
this reference.
2.0 Motorola has the following responsibilities:
2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis
of operation problems in accordance with the response times set forth in the Remote
Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
2.2. Advise caller of procedure for determining any additional requirements for issue
characterization, Restoration, including providing a known fix for issue resolution when
available.
2.3. Attempt remote access to System for remote diagnostics, when possible.
2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as
needed.
2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed.
2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and
product groups, as applicable.
2.7. Escalate the Case to the appropriate party upon expiration of a Response time.
2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in
or remote access capability.
2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support
services described in this SOW and notify Customer of an alternative course of action.
3.0 Customer has the following responsibilities:
3.1. Provide Motorola with pre-defmed information prior to Start Date necessary to complete
Customer Support Plan.
3.1.1. Complete database and escalation procedure forms.
3.1.2. Submit changes in any information supplied in the Customer Support Plan to the
Customer Support Manager.
3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller,
name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief
description ofthe problem.
3.3. Supply on-site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
Technical Support Service
Approved by Motorola Contracts and Compliance 12-19-03
page 1 of2
. MOTOROLA
3.5. Allow Motorola remote access to the System by equipping the System with the necessary
Connectivity.
3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defmed in
Remote Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
3.7. Cooperate with Motorola and perfonn all acts that are reasonable or necessary to enable Motorola
to provide the Technical Support service to Customer.
Severity Definitions Table
Severity Level Problem Types
Severity I . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alanns (smoke, access, temp, AC power.
. This level is meant to represent a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
perspective. No Work-around or immediate solution is available.
Severity 2 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system down
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
nonnal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intennittent system issues
. Infonnation questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system upgrades.
Remote Technical Support Response Times Table
SEVERITY RESPONSE
Severity I Within I Hour from receipt of Notification, Continuously
Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day
Severity 3 Within next Business Day, Standard Business Day
Technical Support Service
Approved by Motorola Contracts and Compliance 12-19-03
page 2 of2
. MOTOROLA
Statement of Work
Infrastructure Repair with Advanced Replacement
1.0 Description of Services
Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the
applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this
reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit,
SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the
Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may
be sent to the original equipment manufacturer or third party vendor for repair. IfInfrastructure is no longer
supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure
with similar Infrastructure, when possible.
When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange
for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and
certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s)
will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases
where Advanced Replacement is not available or when a Customer requires the exact serial number to be
returned, a FRU may be available on a Loaner basis.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Use commercially reasonable efforts to maintain an inventory ofFRU.
2.2. Provide, new or reconditioned units as FRU to Customer or Servicer, upon request and subject to
availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning Infrastructure.
2.3. Program FRU to original operating parameters based on templates provided by Customer as required in
Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template
will be used.
2.4. Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified
address.
2.4.1. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding
holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless
otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments
outside of the above mentioned standard business hours and/or carrier programs, such as NFO
(next flight out). In such cases, Customer will be subject to shipping and handling charges.
2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for
Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU
will become property ofIDO and the Customer will own the Advanced Replacement FRU.
2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the
malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the
malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure
and will provide a return air bill for the customer to return IDO's Loaner FRU.
2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified
as an Advanced Replacement or Loaner FRU.
2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return.
2.7. Perfonn the following service on Motorola Infrastructure:
2.7.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.7.2. Replace malfunctioning FRU or Components.
2.7.3. VerifY that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable
2.7.4. Perform a Box Unit Test on all serviced Infrastructure.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance I-I5-04 page I of 3
. MOTOROLA
2.7.5. Perfonn a System Test on select 1nfrastructure.
2.8. Provide the following service on select third party Infrastructure:
2.8.1. Perfonn pre-diagnostic and repair services to confInn Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when
applicable.
2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor
for repair service, when applicable.
2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service.
2.8.4. Perfonn a post-test after repair by Motorola, original equipment manufacturer, or third party
vendor to confInn malfunctioning Infrastructure has been repaired and functions properly in a
Motorola System confIguration, when applicable.
2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by
Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a
standard default template will be used. If IDa detennines that the malfunctioning Infrastructure is due to a
Software defect, IDa reserves the right to reload Infrastructure with a similar Software version.
Enhancement Re1ease(s), if needed, are subject to additional charges to be paid by Customer unless the
Customer has a Motorola Software Subscription agreement.
2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an
IDa FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair.
2.11. Ship repaired Infrastructure to the Customer specified address during nonnal operating hours set forth in
2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping,
unless Customer requests shipments outside ofthe above mentioned standard business hours and/or carrier
programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling
charges.
3.0 Customer has the following responsibilities:
3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSe) and request an
Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non-
Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party
Infrastructure named in the applicable attached Exhibit.
3.1.1. Provide model description, model number, serial number, type of System and Firmware version,
symptom of problem and address of site location for FRU or Infrastructure.
3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to
physical damage or lightning damage.
3.1.3. Follow Motorola instructions regarding inclusion or removal ofFinnware and Software
applications from Infrastructure being sent in for service.
3.1.4. Provide Customer purchase order number to secure payment for any costs described herein.
3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDa if Customer requested shipping
outside of standard business hours or carrier programs set forth in section 2.4.1.
3.3 Within fIve (5) days of receipt of the Advanced Replacement FRU from IDa's FRU inventory, properly
package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDa for
evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above
back to IDa in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a
replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third
party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the
malfunctioning FRU, at Customer's expense and risk ofloss to Motorola. Customer is responsible for
properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped
Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization
number on the outside of the packaging.
3.4 Ifreceived, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of
receipt of Customer's repaired FRO.
3.5 Maintain templates of Software/applications and Finnware for reloading of Infrastructure as set forth in
paragraph 2.3 and 2.9.
3.6 Cooperate with Motorola and perfonn all acts that are reasonable or necessary to enable Motorola to
provide the Infrastructure Repair with Advanced Replacement services to Customer.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04
page 2 of 3
. MOTOROLA
4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other
underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure
Repair with Advanced Replacement:
J. All Infrastructure over seven (7) years from product cancellation date.
2. Physically damaged Infrastructure.
3. Third party Equipment not shipped by Motorola.
4. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges.
5. Test equipment.
6. Racks, furniture and cabinets.
7. Finnware and/or Software upgrades.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance J -15-04
page 3 of 3
. MO..,.OROLA
Antenna Systems
Base Station(s) and Re eater(s)
Central Electronics Bank(s)
Channel Bank(s)
Com arator(s)
Computer(s )
Console(s)
Controller(s) - Trunking
MBEX(s) or NOVA Interconnect
Microwave Equipment.
Monitor(s)
Moscad
Network Fault Mana ement
Printer(s)
RAS s
Receiver(s)
Simulcast Distribution
Am lifier(s)
Site Fre uency Standard(s)
Universal Simulcast Controller
Interface( s)
UPS Systems.
Zone Manager
Zone Controller(s)
Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners,
tower to re-am 1ifiers, antennas, cables, towers, tower lightin , and transmission lines.
Includes: Quantar, Quantro, Di ital MSF5000 and MTR2000 ONLY.
Includes Lo in Recorder Interface and Network Hub
Includes Premis s and Telco. Excludes Siemens
Includes S ectratac, Di itac, and Astrotac Com arators.
Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including SiteLens and Systemwatch II. Includes keyboards,
mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
anel dis la ima e retention.
Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part
of complete communication System ~ ONLY. Includes headset jacks, dual footswitches,
and ooseneck micro hones. Excludes Centracom I.
Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS
controllers.
Excludes all types and models.
Included
Included u on modem model availabili
Included u on modem model avai1abi1i
Includes AEB, AIMI, ZAMBI, AMB
Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including SiteLens and System watch II. Excludes laptop
com uters and all 286, 386, 486 com uters.
Included
Excluded from service agreement but may be repaired on an above contract, time and
material basis. All E ui ment must be shi ed to IDO. Excludes anyon-site services.
Includes all monitors connected to computers that directly interface with or control the
communications System. Includes flat panel displays and touch screen monitors.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
ane1 dis lay ima e retention.
Only NFM (Network Fault Management), as part of communication System only.
Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be
uoted se arate1 . Excludes Fire alarmin s stems.
Includes Full Vision. Excludes NMC
Includes rinters that direct1 interface with the communications S stem.
Excludes RAS 1100, 110 I and 1102
Includes Quantar and MTR2000, ASTRO-TAC Receivers.
Included
Includes Rubidium, GPS and Netclocks systems sold with the Motorola System.
Included
Excluded from service agreements but may be repaired on an above contract, time and
material basis. All UPS Systems must be shipped to IDO for repair. Excludes anyon-site
services. Excludes all batteries.
Excludes HP7I5/33, HP 715/50 servers. Excludes x-terminals NDSI4C and NDSI7C
Includes console terminals. Excludes ALL Sun/IMP hard drives except TLN3495A 0820
I GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A
0424 and TLN3278A 0181/0389.
. MOTOROLA
Statement of Work
SP-Microwave Service Repair
1.0 Description of Services
Microwave Service Repair is a repair service provided by the Servicer for the Microwave equipment named on
the Customer Equipment list. At the Servicer's discretion and responsibility, Infrastructure may be sent to
Motorola, original equipment manufacturer, third party vendor, or other facility for repair.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola Servicer has the following responsibilities:
2.1. Repair or replace Infrastructure at the Servicer facility or Customer location as determined by Servicer.
Any replaced FRU will be of a similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning FRU(s). Servicer is responsible for travel costs to a Customer location to
repair Infrastructure.
2.2. Perform the following on Motorola Infrastructure:
2.2.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.2.2. Repair or replace malfunctioning FRU, as determined by Servicer.
2.2.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications.
2.3. Provide the following service on select third party Infrastructure
2.3.1. Perform pre-diagnostic and repair service to confirm Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable.
2.3.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for
repair service. Servicer is responsible for all shipping and handling charges.
2.3.3. Coordinate and track Infrastructure sent to the original equipment manufacturer or third party vendor
for service.
2.4. Re-program Infrastructure to original operating parameters based on templates provided by Customer
required by Section 3.2. If the Customer template is not provided or is not reasonably usable, a standard
default template will be used. The Servicer will provide the standard template.
2.5. Notify the Customer upon completion ofrepair or replacement.
2.6. Properly package, return ship or hand deliver Infrastructure to the Customer specified address. Servicer
will pay return shipping charges, if being sent via overnight carrier.
3.0 Customer has the following responsibilities:
3.1. Contact Servicer and provide the following information:
3.1.1. Provide customer name, address of site location, and symptom of problem.
3.1.2. Provide model description, model number, serial number, and type of System and Firmware version,
if known.
3.2. Maintain and/or store backups of all applicable Software applications and Firmware for reloading, if
necessary by Servicer, after repair service is completed.
3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide Local Infrastructure Repair services to Customer.
Local Infrastructure Repair
Approved by Motorola Contracts and Compliance 1-15-04
page 1 of 1
. MOTOROLA
Statement of Work
Software Subscription
1.0 Description of Service
Motorola will provide to Customer Software Subscription services in accordance with this Statement of
Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or
at another address that Customer may direct in writing). These software bulletins announce and explain
Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that are available to
Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these
services. Motorola will provide applicable Enhancement Releases or Core Releases as ordered by
Customer.
Software Subscription includes design services for Enhancement Releases only. Motorola will review
System audit data (when this service is performed by Motorola) along with an equipment list to avoid
potential Software incompatibilities between equipment that is being upgraded versus equipment which is
not being upgraded with the Enhancement Release. Motorola will identify additional equipment and
engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a
plan for installation of this additional equipment in addition to the core or enhancement release.
Implementation of this installation plan is not included with the Software Subscription services.
Additional Provisions for Software Subscription services that begin after December 31, 2004, concerning
SmartZone 4.1 and Astro 25 Trunking Systems: Motorola recommends that Customer maintains continuity
in receiving Software Subscription services until Customer decides to no longer install additional
Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription
services and later decides to reinstitute Software Subscription services, then Motorola will provide those
Software Subscription services retroactively to the date such services were discontinued.
Exclusions
The Software Subscription program originated from and was designed to support Motorola's radio systems
business. The Software Subscription program does not cover the software, hardware, or services provided
by Radio Service Software; ISD; Plant Equipment, Inc. ("Plant") -Motorola's E911 solution subcontractor;
or any Motorola business sector other than CGISS. Software not purchased through Motorola is not
covered.
Software Subscription services are not intended to, and do not, cover software support for virus attacks,
games or other applications that are not part of the System, or misuse of the covered Software. Motorola is
not responsible for management of anti-virus or other security applications (such as Norton).
The tenns and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this
reference.
2.0 Motorola has the following responsibilities:
2.1 Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases.
2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement
Release that apply to the Motorola Software in Customer's existing System components.
2.3 Perfonn the following Software upgrade design:
2.3.1 Review Infrastructure System audit data as needed.
2.3.2 Identify additional System equipment needed to implement an Enhancement Release, if
applicable.
2.3.3 Complete a proposal defming the Enhancement Release, Equipment requirements,
installation plan, and impact to System users that will fulfill the Customer's upgrade
requirements.
Software Subscription
Approved by Contracts & Compliance -1121105
10f3
" MOTOROLA
2.3.4 Advise Customer of probable impact to System users during the actual field upgrade
implementation.
2.4 Provide to Customer (in response to a Customer order) those Standard Features included in a Core
Release that apply to the Motorola Software in Customer's existing System components. Optional
Features issued with a Core Release are not included under these Software Subscription services but
are available to Customer, under a separate agreement at a discount from current list price (20% for
voice System Optional Features and 15% for data System Optional Features). Once an Optional
Feature is provided to Customer, Enhancement Releases for that Optional Feature are available at no
additional charge.
3.0 Customer has the following responsibilities:
3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core
Release as directed in the Customer Support Plan.
3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an
Enhancement Release.
3.3 Review Software installation plans and impact to the users with appropriate Customer personnel.
3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services to Customer
4.0 Special provisions: the following provisions apply to the Software Subscription services:
4.1 Customer acknowledges that if its System has a Special Product Feature, additional engineering may
be required to prevent an installed Enhancement Release or Core Release from overwriting the Special
Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be
incorporated into an Enhancement Release or Core Release and whether additional engineering effort
is required.
4.2 Customer is encouraged to install periodically Enhancement Releases because they may include minor
performance enhancements and will keep the System current. In addition enhancement releases may
contain updated versions of third party software enabling customers to obtain optimal support for these
products. Customer is encouraged to migrate the Motorola Software to the most current Core Release
because Enhancement Releases are available for a limited time for a given core release as defined by
Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported
Software version, all Core Releases and Enhancement Releases may not be compatible with
Customer's existing System.
4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade
or migrate to a particular Core Release or Enhancement Release. If the size and complexity of
Customer's System warrants, Motorola may provide consultation services to determine the
technological, operational and financial impact of installing a particular Core Release or Enhancement
Release on the System, pursuant to a separate agreement. Customer must pay for such consulting
services and for any other engineering services, hardware, and software that are required to upgrade or
migrate Customer's System due to each Enhancement Release or Core Release that Customer orders.
4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in
accordance with the applicable Software License Agreement. Nothing in this Statement of Work or
caused by Motorola rendering these Software Subscription services is intended to modify the Software
License Agreement or to alter Motorola's intellectual property rights in and to its Software.
4.5 Software Subscription services do not include repair or replacement of hardware or Software caused by
defects that are not corrected by the Enhancement Releases and Core Releases, nor does it include
repair or replacement of defects resulting from any nonstandard or improper use or conditions or from
unauthorized installation of Software.
4.6 Customer may terminate Software Subscription services at any time by giving written notice of
termination to Motorola. Such termination will be effective at the next annual anniversary date
following Motorola's receipt of the notice of termination and may be partial ifthat is reasonably
necessary to accommodate a significant change to Customer's System configuration.
4.7 These Software Subscription services and the parties' duties described in this Statement of Work will
automatically terminate if Motorola no longer supports the Software version in Customer's System or
discontinues the Software Subscription program; in either case, Motorola will refund to Customer any
prepaid fees for Software Subscription services applicable to the terminated period.
Software Subscription
Approved by Contracts & Compliance-JI2I/05
20f3
. MOTOROLA
4.8 Motorola may suspend or terminate these Software Subscription services, if Customer fails to pay
Motorola any fees for Software Subscription services when due, Customer breaches the Software
License Agreement or the Agreement, Customer's rights to use the Software under the Software
License Agreement expires or is terminated, or Customer replaces its Motorola System with a system
from another manufacturer.
Software Subscription
Approved by Contracts & Compliance -1/21/05
30f3
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
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
0 August I, 2006 July ]7,2006 (Noon.) 0 October 3,2006 September ]8,2006 (Noon)
0 August 15,2006 July 3], 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon)
0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
f2J September 19, 2006 September 5, 2006 (Noon) 0 November 2],2006 November 6,2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM f2J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approval of the FY 2006/2007 pay plan and a 5% market adjustment for general employees as
recommended by MGT of America.
EXPLANATION: The adjustments consist of an 8.5% increase to the minimum and maximum of the pay grades and a 5%
market adjustment for general employees effective October 1,2006, in accordance with the "Year 2" recommendations of the
Classification and Compensation Study conducted by MGT of America and approved by the City Commission on January 17,
2006. A copy of the MGT's recommended "Implementation Plan Increases by Year" and the FY2006/2007 "Pay Plan" is
attached.
PROGRAM IMPACT: The modifications consist of adjusting the City's pay plan 8.5% at the minimum and maximum of
the pay grade and providing a 5% market adjustment for general employees effective October I, 2006. Additionally,
employees who are not at the minimum of the pay grade after the pay plan adjustment will be brought to the new minimum.
The NCF&O White Collar (We) and Blue Collar (Be) collective bargaining agreements, which have already been approved
by Commission, provide the same 8.5% increase to the minimum and maximum of the pay grade and the same 5% market
adjustment for the NCF&O employees.
The three (3) Police Benevolent Association (PBe) collective bargaining agreements provide for a 3% base wage increase on
October I, 2006. The International Association of Fire Fighters, AFL-CIO, CLA (IAFF) collective bargaining agreement also
provides for a 3% base wage increase on October I, 2006.
The PBA and IAFF collective bargaining agreements have already been approved by the Commission. According to the
MGT study both Police and Fire were above the market average at the midpoint, so therefore, MGT did not recommend a 5%
market adjustment increase for Police and Fire employees on October I, 2006.
FISCAL IMPACT: Funds have been budgeted in the FY 2006/2007 budget to accommodate the increase to the pay plan
and salaries for the general employees as part of the overall "Year 2" recommendation ofthe Classification and Compensation
study, as approved by the City Commission on January 17, 2006. The fiscal impact is $1.3M.
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: For general employees the alternative is to not approve "Year 2" of the pay plan modifications and
market increa~~ as recommended by MGT of America. The PBA, IAFF and NCF&O pay grades and salary adjustments have
already been negotiated, ratified by the union and approved by the Commission, so there is no alternative for these employees.
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Assistant to City Manager
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City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
MGT OF AMERICA
COMPENSATION & CLASSIFICATION STUDY
"IMPLEMENTATION PLAN INCREASES BY YEAR"
STEP 1
Provide 5% increase to
employees who were
upgraded as a result of
classification or market
changes
STEP 2
Increase general pay plan by
8.47% (5.47% for market
adjustment & 3% for COLA)
& Police and Fire schedules
by3%
STEP 3
Provide 4% market increase
for general employees & 3%
market increase for Police
and Fire employees.
STEP 1
Increase general pay plan by
8.5% (5.5% for market
adjustment & 3% for COLA)
& Police and Fire plans by
3%
"'II ~ "'II ....
STEP 2
Provide 5% market increase
for general employees & 3%
market increase for Police
and Fire employees.
STEP 1
Increase general pay plan by
8.5% (5.5% for market
adjustment & 3% for COLA)
& Police and Fire plans by
3%
"'II .... .... ~
STEP 2
Provide 5% market increase
for general employees & 3%
market increase for Police
and Fire employees.
City of Boynton Beach Pay Plan
FY 2006/2007
3 $20,003.7608 $ 25,004.9952 $ 30,006.2297 $ 9.6172 $ 12.0216 $ 14.4261
4 $21,351.3107 $ 26,689.7269 $ 32,028.1430 $ 10.2651 $ 12.8316 $ 15.3981
5 $ 22 ,697 .6838 $ 28,372.1047 $ 34,046.5256 $ 10.9123 $ 13.6404 $ 16.3685
6 $ 24,042.8799 $ 30,053.8941 $ 36,064.9083 $ 11.5591 $ 14.4490 $ 17.3389
7 $ 25,389.2529 $ 31,736.8604 $ 38,084.4678 $ 12.2064 $ 15.2581 $ 18.3098
8 $ 26,735.6259 $ 33,419.2382 $ 40,102.8505 $ 12.8537 $ 16.0669 $ 19.2802
9 $28,080.8221 $ 35,101.0276 $ 42,121.2331 $ 13.5004 $ 16.8755 $ 20.2506
10 $29,427.1951 $ 36,783.9939 $ 44,140.7926 $ 14.1477 $ 17.6846 $ 21.2215
11 $30,773.5681 $ 38,467.5486 $ 46,161.5291 $ 14.7950 $ 18.4940 $ 22.1930
12 $32,119.9412 $ 40,150.5149 $ 48,181.0886 $ 15.4423 $ 19.3031 $ 23.1640
13 $33,466.3142 $ 41,832.8927 $ 50,199.4713 $ 16.0896 $ 20.1120 $ 24.1344
14 $34,811.5103 $ 43,514.6821 $ 52,217.8539 $ 16.7363 $ 20.9205 $ 25.1047
15 $36,157.8833 $ 45,197.6484 $ 54,237.4135 $ 17.3836 $ 21.7296 $ 26.0757
16 $ 37,504.2564 $ 46,880.0262 $ 56,255.7961 $ 18.0309 $ 22.5385 $ 27.0461
17 $ 38,848.9817 $ 48,567.3470 $ 58,285.7124 $ 18.6774 $ 23.3497 $ 28.0220
18 $40,197.0024 $ 50,246.5473 $ 60,296.0921 $ 19.3255 $ 24.1570 $ 28.9885
19 $41,542.1986 $ 51,928.3366 $ 62,314.4747 $ 19.9722 $ 24.9655 $ 29.9589
20 $42,888.5716 $ 53,610.7145 $ 64,332.8574 $ 20.6195 $ 25.7744 $ 30.9293
21 $44,234.4735 $ 55,299.2059 $ 66,363.9599 $ 21.2666 $ 26.5862 $ 31.9058
22 $45,580.1407 $ 56,975.4701 $ 68,370.7996 $ 219135 $ 27.3921 $ 32.8706
23 $ 46,925.3369 $ 58,657.2595 $ 70,389.1822 $ 22.5603 $ 28.2006 $ 33.8410
24 $48,272.8868 $ 60,340.8143 $ 72,408.7417 $ 23.2081 $ 29.0100 $ 34.8119
25 $49,618.0829 $ 62,022.6037 $ 74,427.1244 $ 23.8548 $ 29.8186 $ 35.7823
26 $ 50,965.6328 $ 63,707.3353 $ 76,449.0377 $ 24.5027 $ 30.6285 $ 36.7543
27 $ 52,31 0.8290 $ 65,389.1247 $ 78,467.4204 $ 25.1494 $ 31.4371 $ 37.7247
28 $53,657.2020 $ 67,071.5025 $ 80,485.8030 $ 25.7967 $ 32.2459 $ 38.6951
29 $ 55,003.5750 $ 68,754.4688 $ 82,505.3625 $ 26.4440 $ 33.0550 $ 39.6660
30 $ 56,348.7712 $ 70,436.2582 $ 84,523.7452 $ 27.0908 $ 33.8636 $ 40.6364
31 $57,698.2041 $ 72,116.6353 $ 86,535.0664 $ 27.7395 $ 34.6715 $ 41.6034
32 $59,041.5172 $ 73,801.6023 $ 88,561.6874 $ 28.3853 $ 35.4815 $ 42.5777
City of Boynton Beach Pay Plan
FY 2006/2007
33 $60,387.8902 $ 75,484.5686 $ 90,581.2469 $ 29.0326 $ 36.2907 $ 43.5487
34 $61,733.0864 $ 77,166.3580 $ 92,599.6296 $ 29.6794 $ 37.0992 $ 44.5191
35 $ 63,083.6962 $ 78,848.5005 $ 94,613.3046 $ 30.3287 $ 37.9079 $ 45.4872
36 $64,425.8324 $ 80,532.2905 $ 96,638.7486 $ 30.9740 $ 38.7174 $ 46.4609
37 $ 66,074.2047 $ 82,593.0514 $ 99,111.8982 $ 31.7664 $ 39.7082 $ 47.6500
38 $67,122.8153 $ 83,903.5192 $100,684.2230 $ 32.2706 $ 40.3382 $ 48.4059
39 $ 70,640.1211 $ 88,300.7585 $105,961.3960 $ 33.9616 $ 42.4523 $ 50.9430
40 $71,841.0032 $ 89,801.8714 $107,762.7397 $ 34.5389 $ 43.1740 $ 51.8090
41 $ 73,062.3002 $ 91,328.5033 $109,594.7063 $ 35.1261 $ 43.9079 $ 52.6898
42 $74,152.6732 $ 92.690.8415 $111,229.0098 $ 35.6503 $ 44.5629 $ 53.4755
43 $ 77,531.3033 $ 96,914.7469 $116,298.1906 $ 37.2747 $ 46.5936 $ 55.9126
44 $ 79,857.2424 $ 99,822.1893 $119,787.1363 $ 38.3929 $ 47.9914 $ 57.5900
45 $ 81,125.4844 $101,406.5439 $121,687.6034 $ 39.0026 $ 48.7531 $ 58.5037
46 $83,185.1831 $103,981.7931 $124,778.4031 $ 39.9929 $ 49.9912 $ 59.9896
VI.-CONSENT AGENDA
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon)
D August 15,2006 July 31, 2006 (Noon) D October 17,2006 October 2,2006 (Noon)
D September 6, 2006 August 14, 2006 (Noon) D November 8, 2006 October 16,2006 (Noon)
~ September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
- ,
D D UnfInished Business --~
Code Compliance & Legal Settlements /
~"'-'''''
D Public Hearing D '-'-.\'11> , \
,.-:) -
-\ ~-.
RECOMMENDATION: Motion to accept the Special Warranty Deed from COMPSON ASSOCIATES OF BO'1NTON,Th
LLC, for additional roadway right-of-way along the south side of Gateway Boulevard in order to provide for turn l~s in!Q <;:~
the RENAISSANCE COMMONS development along its north boundary line. --,": -/\ ~~
:'2rn
rO.. n-p
EXPLANATION: The RENAISSANCE COMMONS PLAT TWO, A P.U.D. Record Plat, was recorded in Plat ~k 10:3,("")
Pages 104 thru 107, the Public Records of Palm Beach County, Florida on November 22, 2004. Several traffic movement :I:
issues that Palm Beach County Traffic Engineering Division were evaluating for the roadway (Congress Avenue) under their
jurisdiction were not resolved at that time. These issues primarily were due to the proposed development and its phasing, to
its south, known as BOYNTON TOWN CENTER. With the proposed widening of Gateway Boulevard to a six-lane roadway
section, turning lanes into Renaissance Commons necessitates the additional right-of-way and utility easement (GW-03A) to
accommodate them.
PROGRAM IMP ACT: Orderly development of the BOYNTON TOWN CENTER project will be halted at certain traffic
generation threshold points.
FISCAL IMPACT: N/A
ALTERNATIVES: None.
~hrr~1U-
Assistant to City Manager
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC
Instrument PreDared bv and
After Rerordlnl! Return To:
Michael A. Schroeder, Esq.
Schroeder and Larche, P.A.
Suite 150. 120 E. Palmetto Park Road
Boca Raton, Florida 33432
Property Appraisers Parcel I.D. Number:
SPECIAL WARRANTY DEED
TffiS INDENTURE is made the ~ day of -:JlJtJt- ,2006, by COMPSON
. ASSOCIATES OF BOYNTON D, LLC, a Florida limited llabUlty company, whose mailing address
is 980 North Federal Highway, Suite 200, Boca Raton, Florida 33432, (hereinafter called the "Grantor")
to City of BO~Dton Beach, a Florida Municipal corporation, second party, having its principal place of
business at 160;' E;. Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter called the
"Grantee") (wherever used herein the terms "Grantor" and "Grantee" shall include Grantor and Grantee
and their respective successors and assigns):
WITNESSETH:
FOR AND IN CONSIDERATION OF the sum ofTEN AND NO/lOO DOLLARS ($10.00), in
hand paid at and before execution, sealing and delivery hereof, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor has granted,
bargained, sold, conveyed, aliened and confirmed and by these presents does grant, bargain, sell, convey,
alien and confirm unto Grantee, its successors and assigns, all that tract or parcel of land situate in Palm
Beach County, Florida, and being more particularly described on Exhibit "A", attached hereto and
incorporated herein by this reference.
TO HAVE AND TO HOLD said tract or parcel of land, together with any and all of the rights,
members and appurtenances thereof to the same being, belonging or in anywise appertaining to the only
proper use, benefit and behoof of Grantee forever, in FEE SIMPLE; and subject to the title matters set
forth on Exhibit "B" attached hereto.
GRANTOR HEREBY COVENANTS with Grantee that Grantor is lawfully seized of the
above-described property in fee simple and that Grantor has good right and lawful authority to sell and
convey said property.
GRANTOR HEREBY WARRANTS and will forever defend all right, title and interest in and
to the above-described property unto Grantee and the heirs, successors and assigns of Grantee against the
lawful claims of all persons claiming by, through or under Grantor, but against none other and always
subject to the matters set forth in Exhibit "B" hereto.
~
S:\7\CLIENTS\HARTMAN SIMONS\RENAISSANCE\-Snaissance to city - Special warranty Deed (ROW conveyance).DOC
IN WITNESS WHEREOF, the Grantor has caused this Indenture to be executed under seal as
of the day and year first above written.
Si
in
GRANTOR:
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
-dv~
regoing instrument was acknowledged before me on the JL day 0 , 2006 by
as of COMPSON ASSOCIA']:ES OF ON, II, a Florida
limi Ii' ity company. on' be If of the company. he is ~ersonally know to me, or _ has
provided a valid driver's license as identification.
Ge~ ~~;fL'> ~ ';~'L. " ~
My Commission Expires~ I G}. 020 0+
My Commission Numbe~-;O - -
My Notary Seal:
WUDE11E DIAMOtI)
MY OOMUISSION . 00 224139
EXPIRES: _'9,_
IIOIIdId lIIIlI NalllrNllc LnIIrMIIII
2-
S:\7\CLIENTS\HARTMAH SIMONS\RENAISSANCE\-Snaissance to city - Special warranty Deed (ROW conveyance).DOC
EXHIBIT A
LEGAL DESCRIPTION
(GW-03A)
S:\7\ClIENTS\HAR~ SIMONS\REN4ISSANCE\-Snaissance to City - Special warranty Deed (ROW conveyance).DOC
?
.. 11&
SURYBrORSIr MAPPERS
18815ANNEL1S DlUVB, LU1'Z, FL3S548
PHONE (813) 264-7540 PAX (813) 964-8160
PROfESSIONAL SURVDING . UAPPINO CERI1FJCAlE or AUJHORaAlION:
La 71" STAlE or FlORIDA
SKETCH AND DESCRIPTION
UTILITY EASEMENT - PARCEL GW-03A
SECTION 17 - TOWNSHP 45 SOUTH - RANGE 43 EAST
LEGEND
.,
,
'\"'..~.
f,)fJ ~
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1t-IO'
(1\ r;'in
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~ II 6)
~ II ~
~
~ ;11, 5' UAIITED ACCESS EASEMENT
~~ (PER P.B. 10.J. PACES 104-107. P.S.C.R.)
I f'f::'I' o'-!!f TRACT D-7
I FlENA/SSANCE COMMONS RA T 11+t}. A P.U.o.
I~. fILAr BOOK ~ PAGES 104-107, P.B.CR
...'"
~'" OWNeR: COUPSON ASSOCIATES
I;'N OF' BOYNTON n uc
I~" PARCEL' OB-4,S-45-17-15-txH-0070
I ~") UTVTY EASEMENT 'OW-<<t4"
r (9,558.86 Square F~~t r)
,II
11IACT A-6
o
P.O.a. = Point of Beginning
P.B.C.R. = Palm Beach County
O.R. = Official Records
P.B. .,. Plot Book
<t. = Centerline
R/W = Right-of-Way
FAST UNE
TRACrO-7
SCALE: 1- - 100'
SEARNaS ARE fILAr
Records
~
I~ i ~5'
I~ J ~;
1/ ~"
:)EARING NO~ _1_ - - ~~
~ ' I &;;; MATCH - SHEET 2 OF 3
HE BEARINGS SHOWN HEREON ARE PLAT AND ARE REFERENCED
'0 THE NORTH UNE OF RENAISSANCE COMMONS PLAT TWO, A P.U.D.
.....
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SHEET 1. OF" 3
5' LIAlITED ACCESS FASEAIENT
P.s. 'ro.
PACES '04-107, P.B.C.R.)
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or L.:. j {.
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HIS SKETCH IS NOT A SURVEY
CERllFlCATE
rHIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON AND THE ATTACHEO DESCRIPTION IS ACCURATE AND CORRECT TO THE
lEST OF MY KNOWlEDGE AND BELIEF AND DOES NOT REPRESENT A FIELD SURVEY. I FURTHER CERTIFY THAT THIS SKETCH ANa
IES"'''''PTION MEETS THE MINIMUM TECHNICAl STANDARDS SET FORTH UNDER RULE 61G17-lI OF THE FLORIDA ADMINISTRATIVE CODE
'l ~T TO CHAPTER 472.027, FLORIDA STATUTES.PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. a
... ..IONS DATE BY r~
JPOATE WITH CURRENT TITLE INFO
PROFESSIONAl SURVEYOR ANO MAPPER ILS 5685, STATE FlORIDA
WILLIAM S. PAYNE WSP CONSULTANTS, INC., 1187188
DATE OF" SKETCH DRAWN BY CHECKEO BY FILE NAME
04/24/06 WSP 10/17/05 WSP WSP BTC-EASE-GW3A
.. 11I&
SURYBYORBIcMAPPBRS
18815 ANNBU8 DIUVB. Lt1I'Z, PL38548
PHONE (8JS) R64-754o PAX (1bS) 964-8760
PROFESSIOtW.. SURYE'dNO . MIlPPINO CERI'FICA'Ii: OF AUJHORJlATJON;
La 7'" S'FAlE OfF ~
SKETCH AND DESCRIPTION
UTILITY EASEMENT - PARCEL GW-03A
SEC110N 17 - TOWNSHIP 45 SOUTH - RANCE 43 EAsr
o
LEGEND
P.O.C. = Point of Commencement
P.O.B. = Point of Beginning
P.B.C.R. - Palm Beach County Records
O.R. = Officio I Records
P .B. ... Plat Book
ct. = Centerline
RjW = Right-of-Way
SCALE: 1- - 100'
BEARNOS ARE I'l..A T
MATCH - SHEET 1 OF 3
66.0'
60.0'
5' LJUITEO ACCESS EASEMENT
. (pER P.B. 1o:J.
; I, PAGES 104- 107, P.B.C.R.)
~III~
~, I"
(' .11 ~ UTLITY EASEUENr 'QW-03A'
~ I r (9,558.86 Squ~ Feet :1:)
~ 1fu5'
~ II~~ TRACTD-7
~ full 1St RENABSANCE~PLAT11M?, A P.U.D.
~I' I~i FLATBOOK 103. PA0EB104-107. poSeR
~ II~
. I "
~ I~
~}.I~
II ~
( ~'0.0'
I H- 18.5'
10' FoP.L. FASCMENT
(PER P.O. 4.J, PAGES 1.:19-140. P.D.C.R.)
OWN&: COMPSON ASSOCI41E:S
OF BOYNTON /I LLC
PARca ~ 08--/J-4!J-17-15-004-0070
I ~ I
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I
J CONci'iE's9 A IS\(.E
(PUBLIC JV'IV - W1DTH VARIa)
Q
~
~UNC
---
BEARING NOTE
THE BE"ARINGS SHOWN HEREON ARE PLAT AND ARE REFERENCED
TO THE NORTH Uf\lE OF RENAISSANCE COMMONS PLAT TWO, A P.U.D.
Jv"
REVISIONS DATE BY
THIS SKETCH IS NOT A SURVEY SHEET 2 OF .3
DATE OF SKETCH I DRAWN BY I CHECKED BY I FILE NAME
UPD4TE WITH CURRENT TITLE INFO 04/24/06 WSP 10/17/05 WSP WSP BTC-EASE-GW3A
181'. lilt:.
SURVEYORS 8EMAPPERS
188J5ANNlUJS DJUVE, LV'lZ, l'L33548
PHONE (823) 864-7540 PAX (8J3) 964-8'760
PROFDSIONAL SlJR\IE.WC ., MAPPINO CERIIFICAlE OF AUlNORlZAlION:
L8 7'" SJA1f: OF fLORlD4
SKETCH AND DESCRIPTION
UTILITY EASEMENT - PARCEL GW-03A
SECTION 17 - TOWNSI-F 45 SOUTH - RANGE 43 EAST
DESCRIPTION
A parcel of land being a portion of Tract 0-7 of RENAISSANCE COMMONS PiA T
TWO, A P,U.O., os recorded in Plot Book 103, Pages 104-107 of the Public
Records of Palm BBach County, Flodda, said parcBI being more particularly
described as follows:
BECIN at the Northeast corner of said tract 0-7;
THENCE on a plat beadng of S4S'SS'13"W along the East line of said Tract 0-7,
a distance of 14.14 feet to a po/nt on 0 line 10.00 feet South of and parallel
with thB North line of said Tract 0-7:
THENCE S89'04'47"W along said parallel I/ne a distance of 60,9S feet;
THENCE S88'04 '47"W 0 distance of 372.44 feet;
THENCE S89'04'47"W a distancB of 527.50 feet;
THENCE NOO'5S'13"W a distance of 10.00 feet,'
THENCE N89'04'47HE 0 distance of S27.41 feet,'
THENCE N8B'04 '47HE 0 distance of 372.44 feet to a point on the North I/ne of
said Tract D-7,'
THENCE N89'04'47"E along said North '/f/tI a distance of 51.03 feet to the POINT
OF BECINNING,'
Saki parcel of land situate with'-n the City of Boynton Beach, Palm Beach County,
Florida, containing 9,558.86 square feet, more or less.
UPDATE WITH CURRENT TITLE INFO
DATE Of" SKETCH
04/2-';06 WSP 10/17/05
DRAWN BY
WSP
CHECKED BY
WSP
.",. v'ISIONS
DATE
BY
EXlUBIT B
PERMITTED EXCEPTIONS
1. Taxes and assessments for the year 2006 and subsequent years not yet due and payable;
2. Notice of Commencement recorded July 15,2005, in Official Records Book 18910, Page 1244.
3. Notice of Commencement recorded July 20,2005, in Official Records Book 18935, Page 690. (Vague,
broad or incomplete legal description)
4. Notice of Commencement recorded July 26, 2005, in Official Records Book 18964, Page 711. (Vague,
broad or incomplete legal description)
5. Notices ofConunencementrecorded August 1,2005, in Official Records Book 19000, Page 1866, Official
Records Book 19000, Page 1867, Official Records Book 19000, Page 1868, Official Records Book 19000,
Page 1869, Official Records Book 19000, Page 1870, and Official Records Book 19000, Page 1871.
(Vague, broad or incomplete legal descriptions)
6. Notice of Commencement recorded August 8, 2005, in Official Records Book 19044, Page 952. (Vague,
broad or incomplete legal description)
7. Notices of Commencement recorded November 16,2005, in Official Records Book 19538, Page 1949,
Official Records Book 19538, Page 1951, Official Records Book 19538, Page 1953, and Official Records
Book 19538, Page 1955. (Vague, broad or incomplete legal descriptions)
8. Notice of Commencement recorded February 24, 2006, in Official Records Book 19967, Page 993.
9. Notice of Commencement recorded March 15,2006, in Official Records Book 20059. Page 1654
10. Florida Power and Light Easement as reflected on the Plat of Renaisance Commons Plat Two, a P.U.D.
11. Plat recorded in Plat Book 103, Page 104.
12. Master Declaration of Covenants, Restrictions and Easements for Renaissance Commons recorded in
Official Records Book 16940, Page 94; as supplemented in Official Records Book 17987, Page 61; and as
amended in Official Records Book 19713, Page 1369.
13. Cross-Access Easement Agreement recorded in Official Records Book 18288, Page 1218.
14. Easement Agreement recorded in Official Records Book 7738, Page 1865, together with required water and
sewer improvements as set forth in Contract recorded in Official Records Book 7770, Page 598.
15. Notices of Adoption of Amendments to the Renaissance Commons Development of Regional Impact
recorded in Official Records Book 17386, Page 352 and Official Records Book 17386, Page 370.
16. Notice of Establishment of the Renaissance Community Development District recorded in Official Records
Book 18360, Page 378; together with Notice of Assessment by Renaissance Conunons Community
Development District recorded in Official Records Book 19738, Page 386; and together with Declaration of
Consent to Imposition of Special Assessments recorded in Official Records Book 19786, Page 39.
17. Memorandum of Lease recorded in Official Records Book 19805, Page 1747.
18. Environmental Resource Permit Notice recorded in Official Records Book 17669, Page 209. (Informationaljv
only; not an encumbrance)
S:\7\CLIEHTS\HARTMAH SIMONS\RENAISSAHCE\-Snaissance to city - special warranty Deed (ROW conveyance). DOC
Prepared by and when
recorded return to:
Michael A. Schroeder, Esq.
SCHROEDER AND LARCHE, P.A.
120 East Palmetto Park Road, Suite 150
Boca Raton, Florida 33432
(561) 241-0300
AFFlDA VIT
On this 26th day of July, 2006, I, Michael A. Schroeder, Esq. (Florida Bar No. 202320)
("Affiant"), hereby certify that the property described on Exhibit "A" annexed hereto (the
"Property"), is owned by Compson Associates of Boynton II, LLC, a Florida limited liability
company, pursuant to Special Warranty Deeds recorded in Official Records Book 15482, Page 610
and Official Records Book 15931, page 1607 and Palm Beach County, a political subdivision of the
State of Florida, as evidenced by Warranty Deed recorded in Official Records Book 18208, Page
1638, all of the Public Records of Palm Beach County, Florida. In reliance on a title report prepared
by Commonwealth Title Insurance Company with an effective date of July 10, 2006 at 8:00 A.M.,
the Property is free and clear of all liens, mortgages and/or encumbrances, excepting the lien for
taxes for the year 2006 and subsequent years and the matters listed on Exhibit "B" annexed hereto.
FURTHER AFFIANT SAITH NOT.
~s~
STATE OF FLORIDA
)
) ss:
S:\7\CLlENTS\HARTMAN SIMONS\RENAISSANCE\TITLE AFFIDAlilTCITY GW-OJA.wpd
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
SWORN TO AND SUBSCRIBED before me on July ~ ~. 2006, by MICHAEL A.
SCHROEDER, who is personally known to me.
My Commission Expires:
My Commission Number:
My Notary Seal:
JUDmILYNN JOCIS
Q) JUDITH LYNN JOCIS
MY COMMISSION , DD2261~
EXPIRES: Aupt %1. 2007
. AIIOC- co.
t-lOO+NOTARY IlL NClIIIJ D11C011ll
S:\7\CLJENTS\HARTMAN SIMONS\RENAISSANCE\TITLE AFFIDANIT CITY GW-03A.wpd
VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August] , 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
~ September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Nool'lo)
1'\
r<J
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
~;.I
~ _.-~
~
.,
-riCO
-0\
CO)::;:>
I-lie')
-'-
o
cJi
RECOMMENDATION: Motion to accept the Limited Access Easement from COMPSON ASSOCIATES OF BOYNTON
II, LLC, for additional roadway right-of-way access control along the south side of Gateway Boulevard in providing for turn
lanes into the RENAISSANCE COMMONS development along its north boundary line.
EXPLANATION: The RENAISSANCE COMMONS PLAT TWO, A P.U.D. Record Plat, was recorded in Plat Book 103,
Pages 104 thru 107, the Public Records of Palm Beach County, Florida on November 22,2004. Several traffic movement
issues that Palm Beach County Traffic Engineering Division were evaluating for the roadway (Congress Avenue) under their
jurisdiction were not resolved at that time. These issues primarily were due to the proposed development and its phasing, to
its south, known as BOYNTON TOWN CENTER. With the proposed widening of Gateway Boulevard to a six-lane roadway
section, turning lanes into Renaissance Commons necessitates the additional right-of-way along with Limited Access Control
to accommodate them.
PROGRAM IMPACT: Orderly development of the BOYNTON TOWN CENTER project will be halted at certain traffic
generation threshold points.
FISCAL IMPACT: N/A
ALTERNATIVES: None,
~~~
~ ~epartment ead' . ature
City Manager's Sig ature
Assistant to City Manager ~
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
PREPARED BY:
RECORD & RETURN TO:
MICHAEL A. SCHROEDER, ESQ.
SCHROEDER AND LARCHE, P.A.
SUITE 150, 120 E. PALMETTO PARK ROAD
BOCA RATON, FLORIDA 33432
(561) 241-0300
~
.~..
ENGINEERING
-.
001
J
LIMITED ACCESS EASEMENT
THIS INDENTURE made this 1~ day of AlyST , 2006 A.D.,
By COMPSON ASSOCIATES OF BOYNTON II, LLC, a Florida limited liability
company, whose mailing address is 980 North Federal Highway, Suite 200, Boca Raton,
FL 33432 first party; to the City of Boynton Beach, a Florida Municipal
corporation, second party, having its principal place of business at 100 East Boynton
Beach Boulevard, Boynton Beach, Florida 33435:
(Wherever used herein, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal
representatives and assigns of individuals and the successors
and assigns of corporations, wherever the context so admits or
requires)
WITNESSETH
Whereas, the first party is the owner of property situate in Palm Beach County, Florida,
and described as follows:
Portion ofPCN 08-43-45-17-15-004-0070
Legal Description:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE ("Property")
and,
WHEREAS, the second party desires a perpetual limited access easement for access
control purposes and/or other appropriate purposes incidental thereto ("LAE"), on, over
and across said Property,
and,
WHEREAS, the first party is willing to grant such an easement,
LJ<.
F:\DA T A \7\CLIENTS\HARTMAN SIMONS\RENAISSANCE\BB Limited Access Easement.doc
NOW, THEREFORE, for and in consideration of the mutual covenants each
to the other running and one dollar and other good and valuable considerations, the first
party does hereby grant unto the second party, its successors and assigns, a perpetual
non-exclusive limited access easement for access control purposes and/or other
appropriate purposes incidental thereto across the Property for said purpose.
Said LAE shall be non-exclusive and the grant heroofby first party shall not prohibit the
first party from landscaping the Property, granting utility easements across the Property
or the construction of improvements incidental thereto, so long as no easements granted
or improvements made shall provide vehicular access of any sort over the Property, or
violate the requirements of applicable governmental authority pertaining to the Property.
Second party acknowledges by the acceptance heroofthat the LAE granted hereby shall
not affect building set-back requirements with respect to first party's property of which
the Property is a part and that set-back requirements will be the same as if the LAE did
not exist.
IN WITNESS WHEREOF, the first party has caused these presents to be duly
executed in its name and its corporate seal to be hereto affixed, attested by its
proper officers thereunto duly authorized, the day and year first above written.
By:
Name:
Its:
STATE OF FLORIDA)
COUNTY OF PALM BEACH) ~
The fo~~g /~;~ was a knowledged before me on the L day of () I 111 .. ~ i- ,
2006b ,~ ofCOMPSONASSOCIATE~
II, LLC, a Florida hmited"liability com y, on behalf of the company, he is ~ersonally
know to me, or _ has provided a valid driver's J:::~
~ Public . _ ,.
My Commission Expires:
My Commission Number:
My Notary Seal:
.... ~ cutllmEDIAMONJ
fi.i ; MY COMMISSION , 00 224139
. . EXPIRES: June 19, 2fXR
Scnded Tf1nj HoIeIy NiIo~
F:\DA T A \7\CLIENTS\HARTMAN SIMONS\RENAISSANCE\BB Limited Access Easement.doc 2
WSP 01l0811111101S, loe.
SURVEYORS /Ie MAPPERS
188:15 ANNELIS DRIVE. LU'IZ, FL 33548
PHONE (813) 264-7540 FAX (813) 964-8760
PROFESSIONAL SURVEYING & MAPPING CERTIFICATE OF AUTHORIZATION:
LB 7188. STATE OF FLORIDA
SKETCH AND DESCRIPTION
LIMITED ACCESS EASEMENT
SECTION 17 - TOWNSHIP 45 SOUTH - RANGE 43 EAST
e
SCALE: 1- = 100'
LEGEND BEARINGS ARE PLA T
P.O.C. = Point of Commencement MATCH - SHEET 1 OF 3
P.O.B. = Point at Beginning, .. -ll-s'
P.B.C.R. = Palm Beoch County Records 66.0' llr5' LIMITED ACCESS EASEMENT
O.R. = Official Records ' (PER P.B. 103,
P.B. = Plat Book ~ PAGES 104-107, P.B.C.R.)
<t. = Centerline ~ I II ~
~ ,,~
R/W = Right-at-Way ~ I ?II~ IIU~""A""c~~EA~c"~cArr
I Q ~ ~ ~ ~ ~II~L./ v"'~~ ~YI
r-.- ll! ti ti ~ 1I~ (2,401.94 Square Feet :1:)
"ECl.. qj qj ..... -rL6.S' TOTAL ARtA
~ ~ :g c( c( S. 6.S (4,566.92 Square Feet :1:)
l.1J :s ~ ~ ~ CC ~t--
t.l ~~~ I" I" ~ lI::::Jch TRACT D-7
~ 0 ~ ~ ~ ~ ~ }lhl ~t RENAISSANCE COMMONS PLA T TWO, A P.UD.
S. I CO I :5i!ll 113 ~ III ~~ PLA T BOOK 103. PAGES 104-107, P.B.CR
CC )...s." ~ ~ ~ II~
~ I ~ CC ~ ~ ~ S> II'" OWNER: COMPSON ASSOCIATES
~~ ~~ ~ ~~. ~ ~ ~ OF BOYNTON /I LLC
<.. ~ ... _ <: ,I ~ PARCEL # 08-43-4S-17-1S-004-0070
~~~ ~ ~ ,f"~
"'- i l.i)
ei ~ ei i C10.0'
~'=-I~ ilU-18.S'
I '0J s' 10' F.P.L. EASEMENT
I (PER P.B. 43, PAGES 139-140, P.B.C.R.)
I 10' 1m
I
60.0'
54.0'
EAST
R/W LINE
CONGRESS A VENUE
(PUBLIC R/W - WIDTH VARIES)
C)
<Xi
<Q
(jL
REVISIONS DATE BY
THIS SKETCH IS NOT A SURVEY SHEET 2 OF 3
DATE OF SKETCH I DRAWN BY I CHECKED BY I FILE NAME
07/17/06 WSP WSP BTC-GW3-LAE
cJfy
3EARING NOTE
HE BEARINGS SHOWN HEREON ARE PLAT AND ARE REFERENCED
'0 THE NORTH LINE OF RENAISSANCE COMMONS PLAT TWO. A P.U.D.
.. I1It:.
SURVEYORS Ik MAPPERS
18815ANNBL1S DlUVB, LV'J'Z, FL33548
PHONE (813) 264""7540 PAX (813) 964-8760
PROFESSIONAl SURllEYlNG II ~ CERT1FICATE OF" AUTHORIZATION:
L8 7188, STATE OF" flORIDA
SKETCH AND DESCRIPTION
UMITED ACCESS EASEMENT
SECTION 17 - TOWNSHIP 45 SOUTH - RANGE 43 EAST
DESCRIPTION
A parcel of land being 0 portion of Tract 0-7 of RENAISSANCE COMMONS PiA T
TWO, A P.U.O., os recorded in Plot Book 10.3, Pages 104-107 of the Public
Records of Palm Beach County, Florida, said parcel being more particularly
described os follows:
BEGIN at the Northeast corner of said Tract 0-7,'
THENCE on 0 plot bearing of S4S'SS'1J"E along the East line of said Tract D-7,
o distance of 7.07 feet to 0 point on 0 line 5.00 feet South of and parallel with
the North line of soid Tract D-7,'
THENCE SB9'04'47"W along said parallel line 0 distance of 55.99 feet;
THENCE SBB'04 '47"W 0 distance of 372.44 feet;
THENCE S89'04 '47"W 0 distance of 7.07 feet;
THENCE NOO'SS'13"W 0 distance of 5.00 feet to a point to be referred to later
in this description os Point ':4 ~.
THENCE NB9'04'47"E 0 dlstance of 7.02 feet;
THENCE NBB'04'47"E 0 distance of 372.44 feet to 0 point on the North line of
said Tract D-7;
THENCE N89'04'47"E along sold North lin6 0 distance of 51.03 feet to the POINT
OF BEGINNING;
TOGETHER WITH;
COMMENCE at Point ':4 ';.
THENCE SB9"04'47"W 0 distance of 90.00 fe8t to the POINT OF BEGINNING;
THENCE SOO'SS'IJ"E a distance of S.OO feet;
THENCE SB9'04'47"W 0 distance of 444.28 feet;
THENCE S4S'24'34"W a distanctl of 36.71 feet to 0 point on the West line of
said Tract 0-7 and the East right-of-way line of Congress Avenue;
THENCE N01"4421"E along the West line of said Tract 0-7 and said East
right-Of-way line a distance of 7.24 feet;
_VISIONS
THENCE N4S'24 '34 c a distance of J3.48 feet;
THENCE N89'04'47"E 0 distance of 446.29 feet to the POINT OF BECINNINC;
Said parcel of land situate within the City of Boynton Beach, Polm Beach County. ~ q ~
florida, containing 4,566.92 .quor. feet, mar. or I.... :::r;r
DATE BY
DAlE Of" SKETCH
07/17/06
DRAWN BY
WSP
CHECkED BY
WSP
SHEET 3 OF 3
Fll.[ NAME
BTC-GW3-LAE
--.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM -d'"''' _
~_: ~L~I -- J
VI.-CONSENT AGENDA
ITEM G.
I , i ~"",- ~
/'f1i:22
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 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 31,2006 (Noon) 0 October 17, 2006 October 2,2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
~ September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to approve the release ofa Performance Bond in the amount of$102,042.60 (One Hundred Two Thousand Forty Two
Dollars and Sixty Cents.)
EXPLANATION:
This surety was posted by D.R. Horton in connection with the Serrano Pun development. This surety was posted as required
by the Land Development Regulations for restoration that may have been needed in connection with the Land Development
Pennit. All work on this project was completed and accepted by the City 9/06/05. The warranty period will expire 9/06/06,
with no outstanding items requiring correction. See Exhibit "A" for Request for Status of Bond and Application Inquiry
documenting date of acceptance of work.
PROGRAM IMPACT:
N/A
FISCAL IMP ACT:
N/A
ALTERNATIVES:
~~~
Public Works/Engineering
Department Name
OJK-.
S:\Engineering\Logan\Sureties\Agenda Request Serrano Lake Exc 081906.dot
n-B-HOIDON @ r!v1~
~jca!~~
August 16, 2006
Laurinda Logan
City of Boynton Beach
100 E. Boynton Beach
Boynton Beach, FI 33425
Re: Release of Bond
Dear Laurinda:
This letter is to serve as a request for release ofD. R. Horton's issued bond. If you
have any further questions please contact me at (954) 949-3077.
(#8) BOND NUMBER: 5008943
DEVELOPMENT: Serrano P.U.D.
REASON FOR ISSUANCE: Platting, Construction Improvement
Attached is a copy of the bond with important information highlighted.
SillC)
,.~
Amy Hetzel
Entitlement Analyst
D R Horton, Inc.
Exhibit "A" Sheet 1 of 11
1245 South Military Trail - Suite 100 - Deemeld Beach, Florida 33442
(954) 949-3000 - FAX (954) 428-7391
www.drhorton.com
~',~eR .
Bond Safepard Insurance Co
Rider to be attached to and form a part of Bond Number 5008943 on behalf of D,R. Horton, Ine.
at 1192 EadNewport Center Drive, Suite lSO, Deerfield Beach, FL 33442 (Prindpal), and in
favor of City of Boynton Beach, FL (Obligee), executen by the Company indicated above
(Smety) in the amount of Thirty FDur Thousand Six Hundred Sixty Four aDd 00/100 Dollars
The Principal and the Surety hereby consent to changing the said bond as follows:
Restoration 01 Site due to COD$tnletfOJl to the Jilt ofimprovementl cove
Nothing heTcin contained shall vary. alter or ex-tend any provision or condition of the bond other
filM as above stated.
Signed. Se
Bond Safeeuard Insurance Company
Surety .
Bl" ~J1;~
Elaine Marcus, Attomey-m-Fact
Exhibit "A" Sheet 2 of 11
STATE OF lLL.INOJS }
}
COUNTY OF COOK J
On April 5~ 2004, before roe; a Notary PublicUl and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Elaine Marcus. known to me
to bo Attorney-in-Fact of Bond Safeguard Insurance Company. the corpo1lltion described
in and that exe<::uted the within ~ foregoing instrument~ and known to me to be the
perron who executed the said instrument in behalf of the said corporation, and he duly
acknowledged to roe that such corporation executed the samo.
IN WITNESS WHEREOF. 1 have hereunto set my hand. and affixed my official sealt the
day and }.ear stated in this certificate above.
My Commission Expires March 29, 2008
POWER OF ATTOFlNEY
AO 1 6 3 2 8
INSURANCE COMPANY
Bond Safeguard
KNOW AlL MEN BY 'THESE PREseNTS, ~\ BOND ~~nOOARD INeUftAHCt: OOMPANV, !In ~.rlOI, Co1porll1lon wlfllts
?rInelpeI ~ 10 lombe<<I, Ufnol., dot. MrWy ~~ and appolnt'. L.wla Jamea &cheer, MIeh&il~ J. Sch_r, JlImss I. Moore,
AUoe Rhod1aa, Bonnie )(roSIS, Stephen t Kazmer,O.swn l. M<lrgln, Peggy Faust, KIll)! A. J&oob!, Elaine Marcus, Jennifer J. McComb
fll1ru1 and lawful AtIomIY(.)-In.Fatt 10 make. 8Mcu/4I, 8Il1j11' and di~r fO(. III'Jd 00 Ita bthaH u .lJr~ly. III1Y ,,~ fill borJ;M, I.Jnd8rU1klll~ or
otMr wrllln{,1ll (lbllgai:lry In nalur-t of . bond.
TIll. iIi\IIt'lol1Iy Ii I1llr;.l, under wid ~y 1M IWlhori!y of a r~1uUon 'Mllch Wa& f)Al5ed by !he Board << Dhctol'B of 80ND
....J:EGlJARD IHtUA.\HCE COMPAJlY on 1h.1Ih dRy ot NovtrrlblJr, :roO f a"oIl.owt;
AtNIofved,lhat fte PfNkitnt of ~ ~y ~ h.ttby auil'1or1zed 10 aPflOlnt 8Ild etl'flOW.r ."y ropr..-..",.. at th, Oompen)' or
otlllr plreM Qr ptraon& U Atklrnll)'-I~act to _8aJla en behan r11le Ctmpany 11I1)' bonds. undertaJdnga, poia-. COilIrllc4J of Indemnity
Of Q\htr wrltinge Qb~ In 0$Iln of .. bond not 10 l'lIICeed t5OO.000.oo, five Huo:Ited TIlcxJMnd DoIIIIa., .....hIch 1tl.e C<<npeny mlvhl
.,,~ ~ ,.. duly QlfCtaG omow.. and aII'Ix III HII of In. Company ttlareto. ~ Ja/d IMCution of such docl.mQnte by an AItorMy-
In.fac:t Ihd b, u bhlnll ~ Ifl.e ~ as 11 thl)' had bllWl c:Uy tucutad MCf ~edgllCl by !he r"OlAattY INlC\ed omcel1l of t1a
COIl'lI'lln)'. Any Attomey.ln-r.ot, 80 ~ may b. re~ for good ~.. and 1M alJlhorfly fa gnnt.d I'n/JIy In r.vof<ecllltl spw;1II&d In
1M Power d AJft.JrMy. .
RHoIvad. !hat Ile .gMtunt 01.". PrNldtnt and thllHl o1l1w Comp."y may b4J fJIIMd by rac.lmlle on any poIlIQor 0' attomey
grant9d. Illld 1h4t I1gnnn 07 tll VQ PI'Nlclef1, 1IIlCl1l1e lJMI ~ 1118 Company mey bl ahd b)' f~ to *"y <:Irtflcatt 01' any IUch powllr
lInd MY IIUOh power or cerUloeD b""ng .l.IOtI MoWnIlI ~... anct ..... ehalJ b valid WId bhtlng r;J1'l tht C<<npe.r1)'. Arty &4ICh pOWM eo
ueclbd and eaaMd '1'4 ~ eo <<lt~ AJ'ld ...Ied Ihd. Vlfth raepect to any bend or undtnakfng to 'Wt*tt It It .8I1ac1lId, canlinU8
Il:J be vaII~ and binding on Itle Ccm~
IN WI1liUS Tl1EFlEOII, BOND $AllOtJ.MD tNaUPlANCf: COMPANY 11111 clUaQd Inl. Inelrumen. tQ be ltI~ed by Ita
prstldent. iIIld It& CQlpOIllte SNI ic be emxed 1hlenn day of November, 200'.
BONe SAFEOUARD INSURANce COMPANY
BY~~
P'Hldont
ACKNOWlEOQadEHT
On 1h1ll1lh dllY at Nov.mber. 2001, blfore me, p'~lIy cerna Davkf E. CampbeH 10 me known, wno llelo!1 duly $WOIJ1, <1ItI
d~ end MY /hat hi I. the Prulal!'lt of BONo 8AFEOUARD IN8UFL\NC! COMPANY, th, ~rporrion ~~11bed In and wfllch execut&d
the .IIbove InWumenf; that h. Illllcuted uJd ~etrumenr on behalf of !till corporation by authority ot 1\1. ollie. \JI'lder lhll By-IllWS or 'Bld
l;I;lrpQraliQn.
"OFFICIAL SeAL"
JANET L COPPOCK
NOfARY PlJElUC, SlAT! OF ILL/HOII
MY C:OMAlIISION EX,"'R.E8 '/1<4101
~x~~~.
C Janet l!, ppock
Notary Pvblic
CERTlFJCATf
I. the oodQf55gn~. Stcnla1y of eOHO IAFiQUAR"D IHlUAANCI COMPANY, M 1I11~ lne~ ComPfInY. 00 HEREBY
CERTIFY !hat Ihe orJgIoal POWW of Attorney 01 which the foregoing II A 1I\J8 ancJ 00n'8(:l OOpy, i3 In full fOI'C6 and e~ and hIila not bean
r.1'Dk1k1 and tn. rqoI~1l as seI ~ rlr. now In ~. .
SJg~ flIOd See/ed at LombIIrd, I Jnn~ Ne S t h
Ol'lyot April
2004
'-
~Airj 0, kJ1M!M1
Donald D. Bocheoan
SeCrelary
Exhibit "A" Sheet 4 of 11
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACJ ITEM l.
AGENDA ITEM REQUEST FO~~,-
Requ~td city CommiS$km Dm Fia.al form Mlt$t be Turned
Meaill~ DIlLe.! in w City g~rls'~ Qffkc
0 April 6, 2004 Mlll'cfl 15. 200~ (Noon.) 0
'0 April 20, 2004 April $, 2004 (Noon) 0
cg} May 4. 2004 April 19, :200_ (Noo~) 0
0 Mmy Ill. :2(J(}4 May 3,1004 (Noon) 0
Req\llC31e<l aly Comminion DIIIll Final Fonn M1l51 be Tu:rnW
Mccti!li Dates. in to C(hy perk's Ollie<;
Jun~ J. 2004 Ma}' 17, 2\)04 (Noon)
June 11,2004 M9y)l, W04(Noon)
Jul~' 6, 2CN June I4, 2004 (N00ll)
lufy 20, 2004
July S. 2004 (Noon)
C?
C;) ('")-
..c-_ -.
> -t-<
.:2 ~O
-v O~
r-O;:J
""'0
~"'<
~~
""'........
00
..,,::r:
...,,0lI
g~
g
0 Admini~trative 0 ~g.al as
NATURE OF 0 Announcement 0 New Business ~
AGENDAITKM 0 City Manager's Report 0 Presentation -
-
..
t8I Coosent Agenda 0 Public Hearing N
-
0 Code compJiancelLegal Settlemen~ 0 UntIDished Bwin"ss
RECOMMENDA TlON; Approyc the attached rider to thf34.684.00 IlUI"ety fiXently approved at tJje April tl1 City
Commi:nion m~ing for the devCllopmcnt called Serrano, PUD, The clty attorney has !Ipproyed th~ rider.
EXPLANA nON: The attllched rider increases the original surety to $ J D2,042.60 to include an amoWlt to c{)ver both the
lake excavation and re.'ltoratlon during site coru;tructlon. Th.l!l applkant found It was :rimpler and more efficient to edd onto
the existing bond than to provide a new one for eKcavation purp<>scs (see the item # VIH on the April 1, 30C>4 Agenda).
PROGRAM .IMPACT: N/A
FISCAL IMPACT: N/A
AL TERNA TIVES: Approve with additional conditions.
~ I&- .:T~
(~ 04- Dept\ni~'J Signature
~FVJC- CA..HJR.t'~~{~lrJ<.\ D'V.
~p ent Nmne
~
elly Manll2er's Signature
City Attorney I Finance I Human Res<lUf<:e3
Exhibi t II A1\ Sheet 5 of 11
S\BUu..JmNIFORMSlAOENDA ITEM REQUESTFORM.DOC
.1
RXHIBIT "N-3"
(IDa. Chap. 7, Art. L Sec. 3.B.)
(!.DR., Chap. 7.5, Att. II, Seo. 7,)
P-ERFC:RMANCl! BOND
Bond it: 5008943
KNOW ALL M:8N:9Y TEESE PRESENTS!
~--
That [lJ [we]. -y.R. HortoJl. Inc. . bot"l'Jinafter oall
PRINCIPAL, ami.Bond Safeguard Instiranc;:~ C,o., . a /illt'ety oompany authorlzedto do
business 1n the Sfatc of Florida, hereinafter IClforred tOBS SURETY. are held and firmly bound
unto the City cfBoynton Beach. a DP}itical JluhdhriRion lifthtl S1at6 ofFlorlda. hereinafier called
em. tbl$ full and j1ult S1IIl1of * ~I tr.~"DolWrs ($:,34,684.00)
"'-. ~~wful money of the Umted States of America. to be paid to the City of BO)'nton Beach, to wmch
p{zymenr will and. tmly be made, we bind ourselves, our h~ executors, adminirtrato:r:s,
successors and asliigm:, jOintly' and severally, fimdy by these pres~
*Thirty Four Thousand Six Hundred Eighty Four and 00/100 Dollars
~) thtD Jl!Jove bound PRINCIPAL he ~ceiver:l approval :fi:om the CITY for the
rccord.ing:l)fa.~j;llbdivjetouplatkn.ownl1S~~Serran? - -'----'- i llhd ~C~
recording is prior to completion of construction of'the Requi..red hnpxQ1'OmCT;l,ta as prescribed by
'UJ,t:I S~l;ldivision. p~ and R~d hnprovett\en:ts RegulatiOY+1. Chapter.:l 2.5, 5 and 6
respecti:vcly of the Land Development Regulations of the City of Boynton Beach, heteinafter th~
REGULATIONS, pertaining to ~aid rrobdivision;] Or
[WHEREAS. th.; above bound PRlNCTPAL.b.as received awrt;)"val f,r~II1.the CITY fot the
l;~ctioIl of a certa:in project larown 1'J1} , S err ana ~ ....l.1tl 61,).Qh projoct
shall eo:i:1struc.t and illstall th~.required public improvements to support th~ projeot pursuant to the
terms of the pt;tnnitJ and
WHEREAS. PRlNCIP AI. has been issued that oortain r
Permit] [Land DeVelopment Permit] Numb~ . . hereinafter the' PEFMIT, for
conStrUction of said Roquired 1mprdvowcmu.. a oopy ofwhk~ is a:ttw;:hQd horero l;I[ld by referencf;
made a p~ harDof; and
WHE:RBAS. it waS one of the conditions ot said RDQmATIONS and P.ER.MlT that this
bond be e:x:ecured..
NOW1 THEREFORE1 the conditions of this obligation are suohthat it tho :Wove bound
PRINCIPAL sba11 in all resp~ comply Ql" eaUl)8 others to OOl11p~ with the ten:ns and oondition$
of said PERMIT, witb,in the time specifl~ and shall in every r~ClCt fulfill [its][bisJ(hcrrJtthe.it]
obligacop thereunder lUld under the plans therein referred lo, then this L'lb1igation to be vold:
otherwise.; it shall romain in fu.ll farae and. effect.
r.'
Pll.go 1 of 4 pa'=6a
Exhibit "A" Sheet 6 of 11
The: pRIN9JP AL .and CITY agrele that. the City Engineer may, in writing, reduce the
icitill1lUUount stated aQQve in accordance 'Wi.Ih the rcquirOUJ.Ollts of said REGULA T10NS.
The SURETY UNCONDITIONALL Y COVENANTS ,AND AOJtRES tha.t if the
PRlN"Ii:!IP AL fWlll to perform all or any part of the construction work required by said pERMIT
and REGULATIONS within the time specified. the S'O'RETY, upon thirty. (30) d.a.ys written
notice from the CITY or. its authocl.zed agent or officer, of the dofault, to the PRJNCIP AL or iw
authorized a.gent or officct', will forthwith perform and complete the aforesaid oonet:rl.iction work
a;nd pa.y the cost t1.~~T;eDf, in~luding. but not llroited to, engineering, 1~p1, aJ?-d contingent cOsts.
together with .my d2t0.age& either direct or CODB~qUoP.tia1. Should the SUR.ETY fall or refuse to
peri'Oml and c0111P\ete the said i!nproveme:n1:5; CTIY, in vi~ of the pu.blic interest, health, safl";t)'
aud wolfil,I\: fantorll involved and the inducement hi approving and :filing the said plAt, shall have
tM right to resort to anyancl all legal remedies a~a.inst the PIUNClP AI. anQ/or SURETY, or both
at law and in ~ty U;lclud.i.ug spedficaUy tl1c specific perto:r:mance, to which till' PRmcrPAL
and. SURE'lY uncgnditionally ;lgree.
. The PRINCIPAL AND SURETY FURTHER JOlNrLY AND sEVERAllY AGREE
that the CITY. at its option. sball have the tight to con&trO.c;t 01:", pui:suan! to public adv~i$emlIDt
and receipt of bids, CSU5C to be ~onstnlIrted the afDresaid improvements in case tht;l PRINCil' AL
shoi:Ud fail or rr;fu5r;1 to do so in aooord..an.ca with the tetDlS of said PERMIT. 10 the event CITY
sho~ ex:eIci.se and give effect to such ri.ibt. the PRINCIP AL and SURETY shall be jointly and
severally liable hereunder to rCJimoUtS" t40 CITY. the toW colrt. thereof. inCluding put not lUnite'F
to. cugineerlng, legal, and cootingent costs, tOf;ethcr with my damageS, eith~ direct or
cOn.gequenthu, which may.be suSWned on. account oftlw failure ofthQ r:K1NCIPAL ro c;m::yout
anQ. execute aU the obIig:a.tions for coru;t:rlliJtiOIl of Requil'eci lmproYenlen~ pU!l>'\.l.tffit to the
REGULATIONS and PERMIT.
.TN WITNESS WHEREOF, the pRINeIP.AL haa oxccJrted these presents this lli.h day of
Fli:bruarv 12(_04,.
(CORPORATE SEAL)
DAR, nO~OUT Inc.
'(-8: FkIriEla CQ~~t1JrB.'p~lAWME" corporation.
liC~. ..lSiness in Florida}
BY:~~ z.1C{1z,,~1
j?v L ~6':'''''~'~0<-,,,,J.s-;.( ~ V.Lt ~t:'S,\;>~1
A~yL
~~b..t>l ~o::.A- ~ ::~c.:~~iA-iL-(.
(Imp~sionable corporate sea1)
Pag!! 2 or if pa~~
Exhibit "A" Sheet 7 of 11
ADDRESS: _p92 East Newport Center- Driv~, Suit~ 150
Deerf;teld BMCh, FL 33/142
STATE OF
COUNTY OF
~
BEFORE ME pe:r60n,ally appoltred . Bv L .]?Qi'llt,.q AJb..Ais,e i who is JJ~onally
known to me. Qr.has pwdtu;ed ~ as identifl~tionr and who executed
'mew~~fustntment as [Vioa] President of '~'\?-,H~~'DAJ. r. .a corporation, and
severally tl.cknow1ed.ged to and before me that (heJ[Gbe] axeeutsd such instrutnen.t as such offioer
of said oorporJ!tio~ mId that full' seal a:ffu;ed to the foregoing instruJ:o.ent{s the corporate seal of
said corporation and thllt it Was a:ffixed to said inetxwnent by due and regular corporate authority,
and that in51::ruineiJt is the frO., act and de"d of llaLd ooxpomtion.
WTI'NESS my hand and offieid seal this r~-(.~'" day f, :2;1-120d
My commission expires: ~. T_. _ ~
-N r;1tmy Pub lie
-OR-
. .(.5l~ . . . .. . . . . . . . .
· G) KERRY A. OSLER ·
· 'Commission 1/' 00,0187946 .
· ,Expires 2/24/2007 .
· Bonded through .
· (800-432-4254) Florida Notary Ass"., Inc. .
..................
(INDIVIDUAL PRJNCI? AL)
W1T.NESS:
BY~
ADDRESS:
(SURETY SlGNA1URE BLOCK)
WIT'NFSs: Q~ 0( ~ ,\
dm,~7~k
Bond Safeguard
Insurtnce C:~m - SURETY
BY, 40 .i!aul _ _ _ WLI ~ _ ,
. , . .,~ts anDmeY~in~raot__
(vower of att6iney must be attache';'
--
(
?agc:t 3 of 4 p:I.gl:.'l
Exhibit "A" Sheet 8 of 11
ADDRESS: 1919 S. Highland Ave., Bldg A, Ste3C
~~ard, IL 60148
STATE OF Illinois -~~
COUNTY OF Cook )
BEFORlHv.mperBOD.EiUy appl!JJm;d _ . Elaine Marcu9 . who[isJ[are]
pornonally known to me or[has](have) ptOdUCad~~o_~__~o m~ [and powe~: of a'uprney
resptliotivQly] as identification, and who ex.eouted tho f'OTOgoing ~a~exit, and aclalowledged
before me that (he][shcl(they] ex~cuted said instrI.D;nI:mt far the piu:poae ~x~aed therein..
WITNESS my hand and officiitl seal: this _ 24th day of FebxuaIT---" 2004,
Myconunission expires; March 29, 2004 r;:) (11...u.JY1 C;('l7w~'c:~-{/l
NDtary Public., '.,
(Seal)
,"VV,^,VVV'b",r"v""'~",,,'''''"'" . J
1, OFFICJA~($EAL !
. DAWN L MORGAN
~, "MAR' I'UBUC',' STATE OF ILLINOIS,
~ MY COMMISSION EXPlAES:03/2tlO4
VVV~""'~J'~;,;..~_ft,_~~^,,"I\f"t:.~ '
pQ2e-4 'Of 4 pllges
.-._------_._~- .._.-'~
-..-..- '....--,:..=---_.-~.. .
__. "' __,-:'-'~ _. _... ...,.,.__.._1-................--'.
...-----.-
Exhibit "A" Sheet 9 of 11
POWER OF ATTORNEY Ao1 6 2 6 5
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint: Lewis James Scheer, Michael J. Scheer, James I. Moore,
Alice Rhodes, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $500,000.00, Five Hundred Thousand Dollars, which the Company might
execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney.
In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the
Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in
the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
BOND SAFEGUARD INSURANCE COMPANY
BY
w~~
David E: Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said
corporation.
"OFFICIAL SEAL"
JANET L. COPPOCK
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8/14/05 ~
r{'~~/<J
Notary Public
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY. An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this _ 24th~_ Day of February
,20~
r:: ~ Y)
W/J7Ld \ I
~~V7
Donald D, Buchanan
Secretary
Exhibit "A" Sheet 10 of 11
... J -- I ~ ~
iUU1U1
\,..1..1..1. VI: DVJ.I.'t.l.VI.'t ,g~""U
Application Inquiry
08:49:43
plication number . . .
plication status, date
pperty .
N. . . .
t Number
04 00003285
FINALED
2800 COUNTRY LAKE TR
08_43-45-31-27-000-5020
9/06/05
ning . .
plication type
plication date
nant nbr, name
ster plan nbr, revwd by
timated valuation
tal square footage .
blic building . . .
rk description, qty
n number . . . . . .
plication desc . . .
ess Enter to continue.
=Exit F5=Land inq F7=Appl names F8=Tracking inq F9=Bond inquiry
l=Receipts F12=Cancel F13=Val cales F14=Misc info F24=More keys
5eJ2.I2...A..J 0 P'UD
PUD PLANNED ZONED DISTRICT
PD PAVING
7/20/04
APPROVED ON LAND DEV PERM
LAH
630000
o
NO
879915
Fl0=Fees
.Exhibit "A" Sheet 11 of 11
Requested City Commission
Meeting Dates
o August] , 2006
o August 15,2006
o September 6, 2006
~ September] 9,2006
NATURE OF
AGENDA ITEM
VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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
July 17,2006 (Noon.) 0 October 3, 2006
July 3],2006 (Noon) 0 October 17, 2006
August ]4,2006 (Noon) 0 November 8, 2006
September 5, 2006 (Noon) 0 November 21, 2006
September] 8,2006 (Noon)
October 2,2006 (Noon)
October 16,2006 (Noon) "'
November 6, 2006 (No?n1,
--0
I
(,.;,
~-; c-~
o Announcements/Presentations
o Administrative
~ Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
,?
z-' -:; --..1
!"..-
1',)
or,
.-'~.1 1._;_~
~~... '\
0-'
--,..: r~-l
C)(>
i"Tl(-,
RECOMMENDATION: Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts
by $34,247.54 in the Sanitation Fund and by $17,445.50 in the General Fund.
EXPLANATION: The City's auditor recommended that various accounts receivable ledgers be reduced on an annual basis
for those aged accounts that are more than one year old. This recommendation will eliminate all outstanding accounts dated
through September 30, 2005 from the general ledger. These accounts have already been turned over to our collection agency
(CrediTech) and can still be collected. However, outstanding accounts should not be kept on the City's ledger for more than
one year. Collections received after accounts have been removed from the general ledger will be recorded as revenue (Bad
Debt Recovery).
PROGRAM IMP ACT: Establish an annual process to reduce various accounts receivable ledgers for outstanding accounts
that are more than one year old.
FISCAL IMPACT: This has no impact on the balance sheet of these funds; this is an administrative accounting issue. Both
the Accounts Receivable line item and the Allowance for Uncollectible Accounts will be reduced by the amounts listed above.
ALTERNATIVES: NONE
~HkvJ
Department Head's SIgnature
Financial Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
SUMMARY SHEET OF WRITE OFFS
FISCAL YR 2004 - 2005
TOTAL
Sanitation/Solid Waste Fund
Roll offs/ Special Trash p/u $34,247.54
General Fund
Lot Mowings/Code Books/SnackBar Lease Tax/
Special Police Detail/Board-up Service $6,218.71
Annual Fire Inspections $9,584.25
Returned Checks(Non Sufficient Funds) $1,642.54
Total $17,445.50
-
$51,693.04
City of Boynton Beach
Misc Receivable Write offs
for period ending 9/30/05
Invoice
Number
Date Name
SANITATION FUND
13921 6/10/2005 Alexander, Margaret
13224 3/3/2005 Alliance, James
13455 4/12/2005 Alliance, James
13693 5/20/2005 Alliance, James
14412 8/4/2005 Alliance, James
14436 8/4/2005 Atlantic Construction
14195 7/13/2005 Atlantic Granite
13727 8/17/2005 Banks, Alton
14537 5/20/2005 Banks, Alton
14174 7/13/2005 Banner, Jonathan
13008 2/9/2005 Bible Church of Gold
13181 3/3/2005 Bible Church of Gold
13672 5/20/2005 Bible Church of Gold
12353 11/19/2004 Bouie, James
13414 3/1/2005 Boynton Motel
14018 6/25/2005 Brown, John
13461 4/12/2005 C & A Handy Man
13015 1/5/2005 Capraro, Thomas J
13185 2/26/2005 Capraro, Thomas J
13643 5/20/2005 Centex Homes
13719 5/20/2005 Clemons, Cerelia
13644 5/20/2005 Crandall, June
12811 12/16/2004 Crawford, Casey
13026 1/10/2005 Crawford, Casey
13428 4/12/2005 Croft, Thomas
12962 2/9/2005 Crossings of Boynton Bch
14649 8/23/2005 Crossings of Boynton Bch
14699 8/25/2005 Crossings of Boynton Bch
13907 6/10/2005 Cyr Jr, Duane
13964 6/13/2005 D'Acunto, Mark
13465 4/12/2005 Del Villar, Claudio
12424 11/23/2004 Dieuzil, Guilfort
12337 11/19/2004 Domino Pizza
13683 4/6/2005 Dormevel, Omes
14524 7/25/2005 Dormevel, Omes
14064 7/13/2005 Esser, David
15492 11/3/2005 Estella, Guy
13148 3/3/2005 Fernandez, Michelle
13204 3/3/2005 Fisher, John
14094 7/13/2005 FI Highway Products
13463 4/12/2005 Francois, Jean D
14120 7/13/2005 Francois, Jean D
14546 8/17/2005 Harris, Marvin
14151 9/9/2005 Harvey, Scott
Description
Amount
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Special p/u
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Special p/u
Roll off
Special p/u
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
394.88
264.00
528.00
264.00
264.00
264.00
264.00
202.00
264.00
667.00
584.00
1,243.72
458.50
201.50
528.00
50.00
194.50
264.00
264.00
288.36
194.50
175.96
194.50
146.56
443.60
0.72
349.96
179.04
333.50
250.00
264.00
70.00
333.50
264.00
264.00
333.50
275.00
154.12
333.50
528.00
264.00
264.00
196.68
264.00
14548
14848
13192
13739
13674
14158
13473
13698
14122
13912
14684
12204
12351
13651
13721
12773
12584
13233
13468
13697
13750
14188
14862
13487
13703
13221
13450
14863
14140
12572
13174
13861
14870
13400
14853
14093
14210
13908
12753
12787
13006
13420
14511
14138
14168
12314
12535
12743
14127
14418
14535
14839
8/17/2005 Harvey, Scott
7/13/2005 Harvey, Scott
2/4/2005 Hughes, Clyde
5/20/2005 Hyward, Tucker
4/7/2005 Ingram, Carolyn
7/13/2005 Jackson, Colin
4/12/2005 Jamison Roofing
5/20/2005 Jamison Roofing
7/13/2005 Jamison Roofing
6/10/2005 Jessie, Howard
8/23/2005 Lafountain, Russell
10/29/2004 Lang, April
11/19/2004 Mac's Maintenance
5/20/2005 Matthew Giacomino Inc
5/20/2005 Mc Conville, Evan
1/21/2005 McKenzie, Garfield
11/4/2004 Melecio, Luis
3/3/2005 Motorola
4/12/2005 Motorola
5/20/2005 Motorola
5/20/2005 Motorola
7/13/2005 Mundie, Donavan
9/9/2005 Murray, Omari
4/12/2005 O'Brian, David
5/20/2005 O'Brian, David
3/3/2005 Oliver, Marion
4/12/2005 Oliver, Marion
9/9/2005 One Stop Bldg & Remodeling
7/13/2005 Parker Construction
11/20/2004 Parker, Michael
2/21/2005 Parker, Michael
5/4/2005 Parker, Michael
9/9/2005 Pettersen, Joshua
4/12/2005 Phillips Equipment
9/9/2005 Pyramid Construction
7/13/2005 Raven Development
7/13/2005 Reliance Lamp
6/10/2005 Robinson, Kelvin & Linda
1/21/2005 Rogers, Michael
12/9/2004 Rosena, Oge
1/4/2005 Rosena, Oge
3/1/2005 Rosena, Oge
8/17/2005 RTG Construction
7/13/2005 Smith, Maritza
7/13/2005 Snowman Roofing
11/19/2004 Solid Gold Development
12/22/2004 Solid Gold Development
1/21/2005 Solid Gold Development
7/13/2005 T JL Group
8/4/2005 T JL Group
8/17/2005 T J L Group
9/9/2005 T JL Group
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Special p/u
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Compactor
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Compactor
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
264.00
264.00
264.00
264.00
49.00
452.00
528.00
264.00
194.16
125.00
264.00
150.00
2,015.00
194.50
264.00
264.00
194.50
167.56
194.44
380.48
588.52
264.00
194.50
264.00
264.00
333.50
264.00
403.00
194.50
264.00
264.00
264.00
264.00
333.50
283.48
264.00
211.80
79.50
199.76
228.04
50.00
217.68
264.00
145.72
333.50
1,119.60
720.80
349.12
68.10
194.50
148.80
316.08
13054
13208
13431
14522
13198
14854
13664
12837
12906
13251
13733
14601
2/9/2005 Urban RFG & Sheet Metal
3/3/2005 Urban RFG & Sheet Metal
3/4/2005 Vidulich, Michael
7/22/2005 Vidulich, Michael
3/3/2005 W H Complete Systems
9/9/2005 Wallace, Clifford or Cherry
5/20/2005 Ward, Lester e. JR
1/21/2005 Winn Dixie #259
2/9/2005 Winn Dixie #259
3/3/2005 Winn Dixie #259
5/20/2005 Wright, Ernest
8/18/2005 Yazell, Jack
GENERAL FUND
12670 1/19/2005 Lippman, Kim
12854 1/26/2005 Field, John
12187 11/1/2004 Partners Plus
12202 10/17/2004 Ajah Video & Movie
13341 2/18/2005 Absolutely Fabulous Events
12434 12/8/2004 AMF Fairlanes
12604 12/22/2004 Field, John
12850 1/25/2005 Field, John
12852 1/26/2005 St. Juste, Andre
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Roll off
Compactor
Compactor
Compactor
Roll off
Special p/u
264.00
528.00
89.00
264.00
264.00
8.00
144.60
955.44
853.52
789.68
327.56
120.00
34,247.54
Sale of Code Book
Board up Services
Prop. tax bill/beach snack bar
Police Detail
Police Detail
Police Detail
Lot Mow
Lot Mow
Lot Mow
74.53
1,080.57
1,085.37
285.00
675.00
1,465.00
300.00
749.12
504.12
6,218.71
CITY OF BOYNTON BEACH
FIRE INSPECTION RECEIVABLES
1 % 1/04 - 9/30/05
DATE
INV # BILLED
GENERAL FUND
16860
15483
15609
16312
15033
15476
16812
16540
16382
16371
14723
16271
16282
15538
15077
16730
15599
16473
15601
16541
16542
14912
16795
14906
16030
14779
15713
16929
15445
16514
14949
16075
16873
16705
15618
16776
16072
15177
16582
15458
16787
15569
15641
15659
16756
16189
OCCUPANT
09/28/05 200 KNUTH BLDG
02/01/05 A NEW WAY CLEANING SERVICE
02/18/05 ABENA RENTAL APTS
07/26/05 ABSOLUTELY FABULOUS
11/17/04 ACT II
02/01/05 ADCAHB
09/15/05 AEROSPACE EXHAUST MASTERS
08/24/05 AFORDABLE WOOLBRIGHT AUTO CENTER
08/10/05 AHRENS AUTO
07/26/05 AIR REF CO
10/11/04 AJ PARTNERS
07/12/05 ALL AMER WOOD WORK
07/12/05 AMAZON LOCATORS
02/18/05 AMER EAGLE OUTFITTERS
12/01/04 AMY L BUDOFF MD
09/15/05 ANDRE ST. JUSTE ASSISTED LIVING
02/18/05 APARTMENTS
08/10/05 APTS
02/18/05 ATLANTIC DRIVE APTS
08/24/05 ATLANTIC GRANITE
08/24/05 ATLANTIC GRANITE
11/15/04 AUGIE'S PIZZA RESTAURANT
09/15/05 AUSTIN WELDING
11/15/04 BEACH CONCESSION STAND
05/06/05 BEST BUY
11/05/04 BETTY SEINFELD BREAST CENTER
03/16/05 BIKE AMERICA
09/28/05 BILL BABB HANDYMAN STORAGE ONLY
02/01/05 BOBBY ALLISON WIRELESS
08/10/05 BOBCAT DIRECT
11/15/04 BOBY EXPRESS
05/31/05 BOYNTON CENTER CONDO #3
09/28/05 BOYNTON COMMERCE CENTER
09/15/05 BOYNTON REHAB
02/18/05 BOYNTON VISTAS
09/15/05 BOYTNON COMMERCE CENTER
05/31/05 BP
12/28/04 BUISSO BEAUTY SALON
08/24/05 CDP DRILLING
02/01/05 CHAMPS SPORTING GOODS
09/15/05 CHARLIE'S AUTO REPAIR
02/18/05 CINGULAR WIRELESS
02/28/05 CINGULAR WIRELESS
02/28/05 CLUB OVATION
09/15/05 COMPREHENSIVE MASSAGE THERAPY
06/29/05 CORAL APTS FBM LEASING
BALANCE
45.00
45.00
45.00
58.00
45.00
45.00
45.00
58.00
45.00
77.50
45.00
51.50
45.00
58.00
45.00
45.00
45.00
45.00
45.00
64.50
45.00
75.00
15.00
45.00
181.75
58.00
58.00
45.00
45.00
45.00
45.00
65.00
. 45.00
45.00
45.00
45.00
45.00
45.00
51.50
71.00
45.00
45.00
45.00
194.50
45.00
45.00
16209
16289
16374
16375
15469
16046
15682
15512
15504
14951
16798
15198
15524
15755
14997
15290
14935
15795
14857
16935
15513
15446
14941
15070
15578
16190
16246
15816
15335
16320
16748
16509
15056
14987
15580
16308
14920
16800
16392
14729
15603
15604
15716
16359
15690
15430
15684
15612
16734
15605
16376
16230
06/29/05 CREATIVE KITCHENS
07/26/05 CUSTOM ENVIRONMENTAL
07/26/05 CUSTOM KITCHEN CABINET FACTORY
07/26/05 CUSTOM LAWN SERV
02/01/05 DAVID CENTOLA LAW OFFICE
05/06/05 DEL MAR CLEANERS
02/28/05 DES LOTHIAN WELDING
02/18/05 DUNKIN DONUTS
02/18/05 EDITH AND ARCHIES
11/15/04 EDITH NORMIL MIX & MATCH
09/15/05 EDWARD LAMONS WELDING
12/28/04 ELAINE HALLMARK
02/18/05 ELECTRONIC BOUTIQUE
03/30/05 EMBROID ME
11/17/04 ESPRESSO ITALlA MARKETING
01/07/05 ESPRESSO ITALlA MARKETING
11/15/04 EVAN'S MEN'S & LADIES WEAR
04/18/05 EXPO DESIGN CENTER
11/05/04 FAMILY DOLLAR STORE
09/28/05 FL ROPE & TWINE
02/18/05 FLOWERS BY BIANA
02/01/05 FOOTLOCKER #7621
11/15/04 FREEDOM SHORES ELEM SCHOOL
12/01/04 GAMESPOT #1666
02/18/05 GARDNER CYCLES
06/29/05 GREENACRES CONDOS
07/12/05 GREENTREE DRY CLEANERS
04/18/05 HAIR CUTTERY
02/01/05 HEAVENLY NAILS
07/26/05 HIGH POINT CLUBHLUSE SEC IV
09/15/05 HUMAN RESOURCES WASH MUTUAL
08/10/05 HURRICANE IMPACT GLASS
11/17/04 IMAGE DIGITAL PHOTOGRAPHY
11/17/04 IMS INC
02/18/05 INTERIOR WOODCRAFTS
07/26/05 J.ARTHUR AUTO SALES
11/15/04 JERSEY MIKE'S SUBS
09/15/05 JORDAN WRECKER
08/10/05 JUSTIN SCARPELLI
10/11/04 KELVIN PERSAD HOBBY SHOP
02/18/05 KENDALL PROPERTIES
02/18/05 KENDALL PROPERTIES
03/16/05 KINKO'S COPIES
07/26/05 KNOLL Y'S JOHNSON
03/16/05 KNOWLEDGE POINTS
02/01/05 LADY FOOT LOCKER
02/28/05 LAKESIDE HARBOR COTTAGES
02/18/05 LAMONS APTS
09/15/05 LE PETITE CHATEAU
02/18/05 LEON JENKINS APTS
07/26/05 LGV CUSTOM CABINETRY
06/29/05 L1STWIZ COM
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
5.00
45.00
45.00
77.50
50.00
45.00
450.00
97.00
25.00
45.00
51.50
37.50
45.00
45.00
45.00
45.00
45.00
45.00
85.00
45.00
64.50
45.00
45.00
51.50
58.00
45.00
51.50
45.00
45.00
45.00
45.00
64.50
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
51.50
15797
15781
15726
15324
14953
15424
15353
15696
15129
15108
16901
15776
16432
14929
15515
15760
15550
14887
14938
14954
16032
15307
14990
14955
15052
14718
16106
16479
14770
16420
16721
14719
16092
16481
16869
16302
16506
15228
15120
15405
16050
16202
16123
14767
15025
15046
15281
15094
15467
16252
16949
15522
04/18/05 LOWE'S
03/30/05 MARINER VILLAGE
03/16/05 MARINER'S CAY
02/01/05 MEDATLANTIC INTERNATIONAL
11/15/04 METROPOL MUl TICARE
02/01/05 NEXTEL RETAIL STORES
02/01/05 OCEAN PIZZA
03/16/05 OFFICE DEPOT
12/14/04 OFFICE MAX
12/14/04 OLD NAVY
09/28/05 ONE PRICE DRY CLEANERS
03/30/05 P&L APTS
08/10/05 PALMWA Y CONDOS
11/15/04 PAPA JOHN PIZZA
02/18/05 PAPA JOHNS PIZZA
03/30/05 PA YlESS SHOE SOURCE
02/18/05 PAYLESS SHOE STORE
11/15/04 PEPPERONI'S
11/15/04 PIER I IMPORTS
11/15/04 PLANET BARBER SHOP
05/06/05 PLASTER TIME
02/01/05 PLAZA COMMON AREAS
11/17/04 PROMISSOR
11/15/04 PYRAMID BOOKS
11/17/04 QUISKEYA FAMilY CHIROPRACTIC CNT
10/11/04 REFLEXION HAIR & NAIL SOLON
05/31/05 REGAL NAILS
08/10/05 RENTAL APTS 405-413
10/26/04 ROBINSON BBQ
08/10/05 ROBT DAVIS APTS
09/15/05 ROBT H. MAUTNER DDS
10/11/04 RON CARE
05/31/05 ROSS'S SCHOOL OF KARATE
08/10/05 SEACREST APTS
09/28/05 SO FL BUSINESS VENTURES
07/26/05 SOUNDS OF JOY RECORDING STUDIO
08/10/05 SOUTH EAST SET-UP
12/28/04 SOUTHTRUST PLAZA
12/14/04 SPORTS AUTHORITY
02/01/05 SPRINT PCS
05/06/05 ST. PAUL AME CHURCH
06/29/05 STOP N SHOP MARATHON
06/15/05 SUNRISE ADULT CARE II
10/11/04 SUNSHINE HOLISTIC HEAL THCARE
11/17/04 SUPERCUTS
11/17/04 SUZE UNISEX BEAUTY
12/28/04 SWIM ZONE
12/01/04 THE CHRYSALIS CENTER
02/01/05 THE DISNEY STORE
07/12/05 THE DRY CLEAN DOCTOR
09/28/05 THE HEADLIGHT SHOP
02/18/05 THE LINGERIE BOUTIQUE
225.00
85.00
450.00
45.00
45.00
45.00
25.00
233.50
201.00
181.50
45.00
45.00
45.00
25.00
45.00
!? 1 .50
58.00
25.00
97.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
25.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
51.50
45.00
311.50
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
71.00
45.00
45.00
45.00
15530
14844
15449
15358
15427
15576
16378
16507
15442
02/18/05 THINGS REMEMBERED #421
11/05/04 TOSCA ITALIAN RESTAURANT
02/01/05 TRADE SECRET
02/01/05 UTEL
02/01/05 VICTORIA'S SECRET
02/18/05 ZALES JEWELERS
07/26/05 ZEE DOOR
08/10105 ZEE DOOR
02/01/05 ZEN IMPORTS
45.00
25.00
45.00
45.00
71.00
45.00
45.00
64.50
45.00
9,584.25
CITY OF BOYNTON BEACH
RETURNED CHECKS
10/01/04 - 9/30/05
CK # I PAYEE
103 Williams, Richard
263 Kerr, Joan
1077 Rotkowitz, Kenneth
784 Cohen/Oshin
141 Pringle, Janeen
1022 Counts, Derik
132 Johnson, Lori
178 Hurtle, Joseph
245 Hollis, Crystal
1011 Counts, Derik
104 Guy, Raeshonda
99 Hernandez, Gerardo
158 Ingrahm, Andre
584 Wiley, Sandra
2023 Betis and Gambles
149 Metzgar, Debra
102 Ramsey, Marcus
1060 Koese~Pouncey
427 Stewart/Nicholson
129 Graham, Vatasha
1102 Rotkowitz, Kenneth
94 Tenaglia, Patricia
1137 Marzan, Marianna
254 Ocampo, Julian
NOTICE DATE I
10/19/04
11/15/04
11/15/04
12/06/04
01/06/05
01/10/05
01/11/05
03/08/05
03/22/05
03/23/05
04/26/05
04/28/05
OS/20/05
OS/25/05
06/01/05
06/02/05
06/07/05
06/08/05
06/09/05
07/14/05
07/25/05
09/15/05
09/16/05
09/23/05
AMOUNT I
30.00 Police/Burglar Alarm Decal
2.40 Library
20.00 Recreation/Beach Decal
75.00 Police/False alarm
30.00 Police/Burglar Alarm Decal
226.00 Recreation/Program
45.00 Recreation/Program
30.00 Police/Burglar Alarm Decal
90.00 Recreation/Program
250.00 Recreation/Program
159.75 Recreation/Reservation
32.00 Police/Parking Ticket
81.00 Recreation/Program
130.00 Recreation/Program
82.00 Occupational License
30.00 Police/Burglar Alarm Decal
6.50 Library
30.00 Police/Burglar Alarm Decal
40.00 Other
2.00 Library
13.50 Police Reports
73.39 Fire/Als
40.00 Recreation/Program
124.00 Occupational License
1,642.54
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM I.
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 August 1.2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15, 2006 July 31,2006 (Noon) 0 October 17,2006 October 2,2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
r2J September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6,2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM r2J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve the extension and renewal for the 2006-2007 Premium Year Property &
Casualty Insurance Program in the amount of $2,062,6 I 5.
EXPLANATION: The attached breakdown of policies (Attachment A), within the City's program, identifies the
proposed premium costs compared to that for 2005-2006. The attached Property Insurance Comparisons (Attachment B)
shows a comparison within the PGIT program as well as programs with the Florida League of Cities as well as various stand
alone programs in the South Florida area. This comparison shows larger increases compared to those proposed for Boynton
Beach. Also see attached letter from property insurance broker (Attachment C) describing market conditions.
This proposal is to extend the current program beyond the two year policy that expires 9/30/2006. The current policy did not
provide for an extension. The incumbent companies have agreed to renewal of the program at the proposed premium rates.
During the Budget Review Committee session on Risk Management, the volatility of the insurance market was discussed. It
was pointed out that we should not go out for bid this year as there was concern that we could end up with no insurance
proposals. The capacity for property insurance has been so drastically cut, that incumbent insurance companies are reducing
the available capacity for their current insureds. The concern was that few of the major insurance players were seeking new
clients as they were unable to provide full capacity to their current clients. There was also concern that if we were to go out
for bid, our current carriers might not bid on our business as they could take our capacity and divide it up amongst their other
clients. This could result in the City having no insurance proposals to select from.
PROGRAM IMPACT: This is a renewal of the City's Property and Casualty Insurance Program with incumbent brokers.
The City continues to fmance a portion of risk through a self-insurance program and purchases excess insurance coverage,
above those amounts for which the City assumes the risk. On general and automobile liability, risk assumed is $ I 00,000 per
occurrence (per statutory limit), and on workers' compensation assumed risk is $350,000 per claim. Workers' compensation
claims incurred during FY 2005-2006 had an average cost per claim under $2,000. Increase in premiums from the previous
year, excluding Property and Inland Marine, is 4.33%.
FISCAL IMPACT: (Include Account Number where funds will come from.) Funding has been budgeted from
the Self-Insurance Fund for FY 2006-2007. Account numbers include: 522-17 I 0-519.45-02, 45-03, 45-04, 45-05 and 49-23.
AL TERNA TIVES: To fully self-insure all risks will place the City's fmancial well being in jeopardy. To bid the
coverages would risk no response bidders or bids in excess of costs negotiated with current carrier.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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AGENDA ITEM REQUEST FORM
RISK MANAGEMENT
Department Name
RM/Agenda 2006 Agenda Item Request PC Ins Proposal.dot
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
2006-2007 PROPERTY & CASUALTY INSURANCE PROGRAM
INSURANC:INE-- r .. ::~:~~~C:.. -T~~~~~l-~::~~~ I ~::;a~rBUD:~T~~
Arthur J. Gallagher & Co.! ~-4 r--
~LI~li~EntittExcess __ State National Ins. Co. $190,000 $196,000_ 3.15%L_ $201,-~62
This includes General Liability (GL) and Workers' Compensation j
(WC) insurance programs. I
::~~r~:~I~=--- ~~h~:~O~a:i~2~~;&c~O~. [_-$~;3r- $1~;5r _~97;r~-$~;50
This is the liquor liability insurance to cover the restaurant at the I
municipal golf course. -+-
------------- Arthur J. Gallagher & CoJ-T- --1- i -
Gener~l_liab!!itt__ _____ Scottsdale Ins. Co___~ __ __ $3,83~ $3,7351 -2.60%[
This is the general liability insurance policy for the banners on the T
FPL light poles, required by FPL. t
Arthur J. Gallagher & Co.! I 1--/ I --~
EMT!,rofessional~iability Aspen Specialty Ins. Co. I $28,0001 $28,000 O.OOo/~ $30,800
The is the professional liability insurance policy to cover the EMT's, I
Paramedics, and Medical Director, in the Fire/EMS Dept. I
Arthur J. Gallagher &-Co./I- 'l------r----
TULIP (Minimum Deposit) Everest National Ins. Co.---L $5,0001 $5~0.00!oL~5,000
This is the general liability policy made available to outside I
organizations renting City facilities. Tenant Users Liability +~_~
Arthur J. Gallagher & Co.! r I
I Hanover Ins. Co.____--1 $2,500 $~QQL 0.00% $2,500
I This is a property policy to cover for the loss of money, securities
and other property resulting from employee dishonesty while acting
alone or in collusion with others. ~
FL League of Cities/ FL. '--1 i---
Municipal Ins. Trust (FMITLl $170,464 $183,8161~_ 7.83%. $189,216
This is the liability and property policy covering the City's vehicle
fleet, to include auto liability to other parties, and physical damage
~c;~~;e~~~~:~~ed' Govern-l------T----r--- ---1-----
mental Ins. Trust (':C?'!)__l $515,7751 $1,603,176/ .21 0.83o/t __$799,~52
Property is the property policy on City's buildings and contents. I
Inland Marine covers items such as communication equipment,
contractor's/ mobile equipment, electronic data processing, I
emergency services portable equipment and fine arts. t
Acordia/ Hartford Steam . I
Boiler~ Machinery_______ Boiler Ins. Co. r $38,913 $38,913 0.00%1'
This is equipment breakdown coverage. Total Insured Value is
~OM. !
-- ------------- ~-----~--------I- - ----T--------l--- -----r--- $50,000
I I I I Reserve
IQT AL~=-===:= =-~==C=--_====-=~~=-_~+-~956, 122 _ $2,062,61 S 115.73o/J-$-1,332,654
-~---------- I r _ I __~____
Additional revenue needed for Property & Inland Marine premiu~ ... $729,961
=--- =--=-- ___---F. - ---- ~-=--t___~=_--_--= I-==:-j=== =-
2006 Agenda Item Request P C Ins Attach.x,sl- I
---~--------------_. ----.------.-.-------
Crime
--------"-----------------
Automobile
Prop~rty& Inland Marine
ATTACHMENT A
$4,027
$48,642
ATTACHMENT 13
CITY OF BOYNTON BEACH
RISK MANAGEMENT DEPARTMENT
2006-2007 PROPERTY INSURANCE COMPARISONS
2005-2006
2006-2007
Preferred Governmental Insurance Trust
Boynton Beach
$0.354/ $100 Value
$1.28/ $100 Value
Town of Palm Beach
$0.65/$100
$2.60/$100
Palm Beach Gardens
$0.33/$100
$1.29/$100
Naples
$0.39/$100
$0.89/$100
Florida Leae:ue of Cities
Hallandale Beach
$0.80/$100
$30M TIV
tbd
tbd (increase in TIV)
Arthur J. Gallae:her & Co. - Stand Alone Proe:rams
Pompano Beach
$2.07/$100
$35M of$139M
$3.14/$100
$35M of$139M
Delray Beach
$1.45/$100
$60M of$130M
tbd (budgeted 100% increase)
tbd (likely reduction in limit)
Beacon Group - Stand Alone Proe:rams
Boca Raton
4/1/2006 Renewal
$0.50/$100
$55M of$190M
$2.36/$100
$55M of$190M
RMJ2006 Agenda Item Request P C Ins Comparison doc
ATTACHMENT C
Acordia
501 South Flagler Drive
Suite 600
WC.1 Palm Beach, FL 33'}'o'1
Voice: 561.655.5500
Fux: 561.655.5509
\1o'WW.It.~cu..liu. .~., III
Sam L- Ellington
Mnnnging Direclor
September 5, 2006
Chuck Magazine, Risk Manager
Town of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Dear Chuck
Tlus letter to you is my current assessment as to the property insurance market today in Palm
Beach County.
The lack of property capacity is being caused by two major factors: (1) the lack of new capital
being infused in the market and (2) the skyrocketing cost of re-insurance. These two factors
bave produced a very strained decision making process for today's buyers of property insurance.
Acardia has made every effort to stay on top of tlus ever-changing marketplace. We stay
continuously in touch with carriers that have and/or may write coverage in our area. Throughout
our corporate network, we have accessibility to all markets our company represents. I can
honestly say that in my 37 years in tlus industry, all of it in Palm Beach County, I have never
seen rates at tlle current levels, or total lack of capacity.
In speal<.ing Witll our two largest outside wholesalers, All Risk and Property Risk Services, Inc.,
bOtll are giving tlle same message: $10 million in property coverage witll wind is being quoted
at $1 million in premium with deductibles of 5 to 10 percent. This is not uncommon for the
entire marketplace. London markets are selective and the Bermuda markets have been virtually
closed for the last six months.
POIT, your current property carrier, has made every effort to keep wind coverage in place for all
of its 450 clients in FIOlida. Though the renewal rates that have been given to you are much
higher than expected, full coverage for your exposure remains available.
I will be in attendance at your Council meeting when the insurance renewal is presented for
approval.
Very tTuly yours,
~
Sam L. Ellington
SLE/ih
A Wells Fargo Company
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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
0 August 1, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
[8] September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDA TlON:
Motion to approve the release of a cash surety in the amount of $500.00 (Five Hundred Dollars and No Cents.)
EXPLANATION:
This surety was posted by Theodore Ryan in connection with construction at the SW comer ofNE 10th Ave. and NE 7th St.
This surety was posted as required by the Land Development Regulations for restoration that may have been needed for
Excavation & FilI (Permit # 00-3809.) All excavation and fIll work was completed and accepted by the City 3/07/03, and the
warranty period has expired. See Exhibit "A" for Application Inquiry documenting date of acceptance of work.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
Funds deposited in Account No. 001-0000-220-99-00.
ALTERNATIVES:
N/A
~~PE
Public Works/Engineering
Department Name
~
S:\Engineering\Logan\Sureties\Agenda Request Theodore Ryan 091906.dot
BP200IOl
CITY OF BOYNTON BEACH
Application Inquiry
9/05/06
10:05:48
Application number .
Application status, date
Property .
PCN.
Lot Number
00 00003809
FINALED
1010 NE 7TH ST
08-43-45-21-32-007-0021
3/07/03
zoning. RIA SINGLE FAMILY (5.80)
Application type FL FILL PERMIT
Application date 8/17/00
Tenant nbr, name FILL WITH CLEAN SAND
Master plan nbr, revwd by JP
Estimated valuation 1000
Total square footage . 0
Public building NO
Work description, qty
pin number . 3340
Application desc .
Press Enter to continue.
F3=Exit F5=Land inq F7=Appl names F8=Tracking inq F9=Bond inquiry F10=Fees
Fl1=Receipts F12=Cancel F13=Val calcs F14=Misc info F24=More keys
Exhibit "A" Sheet 1 of 1
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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 Meetinl!: Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October] 7, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
[8] September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6,2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDA TlON:
Motion to approve the release of a cash surety in the amount of $500.00 (Five Hundred Dollars and No Cents.)
EXPLANATION:
This surety was posted by Teresa Paredes in connection with construction at 1500 NE 4th St. This surety was posted as
required by the Land Development Regulations for restoration that may have been needed for Excavation & Fill (Permit # 00-
5896.) All excavation and fill work was completed and accepted by the City 1/09/02, and the warranty period has expired.
See Exhibit "A" for Receipt Copy and Application Inquiry documenting date of acceptance of work.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
Funds deposited in Account No. 001-0000-220-99-00.
AL TERNA TlVES:
N/A
~
Public W orks/Engineering
Department Name
~
S:\Engineering\Logan\Sureties\Agenda Request Teresa Paredes 091906.dot
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SIGNED
"F269 Grayarc, P.O. Box 2944. Hartford. CT 06104.2944 THIS COPY FOR PERSON ADDRESSED
lheeler Group. Inc. 1962
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Exhibit "A" Sheet 1 of 2
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BPAOOI01
CITY OF BOYNTON BEACH
Application Inquiry
9/05/06
10:06:05
Application number . .
Application status, date
Property .
J
L_. Number
00 00005896
FINALED
1500 NE 4TH ST
08-43-45-21-02-018-0330
33
1/10/02
zoning. R1A SINGLE FAMILY (5.80)
Application type EX EXCAVATION
Application date 12/21/00
Tenant nbr, name REMOVE ASPHALT/STOCKONSIT
Master plan nbr, revwd by PCS
Estimated valuation 1500
Total square footage . 0
Public building NO
Work description, qty
pin number . . 0242
Application desc . .
Press Enter to continue.
F3=Exit F5=Land inq F7=Appl names F8=Tracking inq F9=Bond inquiry F10=Fees
F11=Receipts F12=Cancel F13=Val calcs F14=Misc info F24=More keys
Exhibit "A" Sheet 2 of 2
VI.-CONSENT AGENDA
ITEM L
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
,r ll.,t
~ SEpt _.~ 0
; Iii: ??
<...'-
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 August I, 2006 July] 7,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 3 1,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August ]4,2006 ONoon) 0 November 8, 2006 October] 6, 2006 (Noon)
IZJ September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to approve the release ofa Cash Surety (Check #1046545 issued by Bank of America) in the amount of $3,050.00
(Three Thousand Fifty Dollars and No Cents.)
EXPLANATION:
This surety was posted by DR Horton Homes in connection with the Parkside Townhomes (fka Quantum Park Townhomes
East & West) and as required by the Land Development Regulations for restoration that may have been needed in connection
with construction of a Trellis (Entry Feature)(Building Dept. Tracking Permit #05-0146.) Work on this permit was completed
and accepted by the City 2/I 1/05. The warranty period expired 2/I 1/06, with no outstanding items requiring correction. See
Exhibit "A" for Letter of Request to Release Surety, copy of the check, and Application Inquiry documenting date of
acceptance of work.
PROGRAM IMP ACT:
N/A
FISCAL IMPACT:
N/A
ALTERNATIVES:
N/A ~ tZ?fh f) r
~tJ~~... .
Public W orks/Engineering
Department Name
,./~
-----
S:\Engineering\Logan\Sureties\Agenda Request Parkside Trellis 091906.dot
D.R.HORIDN @ ~~
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August 16, 2006
Laurinda Logan
City of Boynton Beach
100 E. Boynton Beach
Boynton Beach, FI 33425
Re: Release of Bond
Dear Laurinda:
This letter is to serve as a request for release ofD. R. Horton's issued bond. If you
have any further questions please contact me at (954) 949-3077.
(#7) BOND NUMBER: CASH BOND
DEVELOPMENT: Parkside P.U.D.
REASON FOR ISSUANCE: Trellis @ Parking Lot
Attached is a copy of the bond with important information highlighted.
smc~ ~
Amy Hetzel
Entitlement Analyst
D R Horton, Inc.
Exhibit "A" Sheet 1 of 4
1245 South Military Trail. Suite 100 . Deemeld Beach, Florida 33442
(954) 949-3000 . FAX (954) 428-7391
www.drhorton.com
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Exhibit "A" Sheet 3 of 4
/ D-R-HOHIDN-.
, 'iEQUEST FOR CHECK ~ka!~ ~ DATE:
ISSUETO CX;-\ 1 ~~~
94368
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EXPlANAT-:: it J-7, ~ .
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COMPANY:
REQUESTED BY:
APPROVED BY:
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BP200I01
CITY OF BOYNTON BEACH
Application Inquiry
9/05/06
09:26:36
Application number . . . 05 00000146
Application status, date FINALED 2/11/05
Pr~Derty . . 2751 S EVERGREEN CIR
r .... 08-43-45-17-12-011-0000
L0~ Number .
Subdivision PARKSIDE TOWNHOMES
Zoning. . . PID PLANNED INDUSTRIAL DEV.
Application type MS MISCELLANEOUS STRUCTURE
Application date 1/10/05
Tenant nbr, name TRELLIS ON 3 STORY SIDE
Master plan nbr, revwd by RP
Estimated valuation 1500
Total square footage . 0
Public building . . . NO
Work description, qty
Pin number . . . . . . 916206
Application desc . . .
Press Enter to continue.
F3=Exit F5=Land inq F7=Appl names F8=Tracking inq F9=Bond inquiry FIO=Fees
Fll=Receipts F12=Cancel F13=Val calcs F14=Misc info F24=More keys
Exhibit "A" Sheet 4 of 4
,y.c.''"'"''''"-''_
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VI.-CONSENT AGENDA
ITEM M.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM rTIC("
-.1 ,. Ii: 22
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 Meetinl!: Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 Septernber 6, 2006 August 14,2006 (Noon) 0 Novernber 8, 2006 October 16, 2006 (Noon)
[8] September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to approve the release of a Performance Bond (#6273094 issued by Safeco Insurance Company of America) in the
amount of$137,500.00 (One Hundred Thirty Seven Thousand Five Hundred Dollars and No Cents.)
EXPLANATION:
This surety was posted by DR Horton Homes in connection with the Parkside Townhomes (fka Quantum Park Townhomes
East & West) and as required by the Land Development Regulations for restoration that may have been needed in connection
with the Plat (Building Dept. Tracking Permit #03-2413.) All work on this project was completed and accepted by the City
6/10/05. The warranty period expired 6/10/06, with no outstanding items requiring correction. See Exhibit "A" for Letter of
Request to Release Surety, copy of the Performance Bond, and Application Inquiry documenting date of acceptance of work.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
AL TERNA TIVES:
N/A
Public Works/Engineering
Department Name
S:\Engineering\Logan\Sureties\Agenda Request Parkside Plat 091906.dot
D.R.HORIDN @ ~
~~~~
August 16, 2006
Laurinda Logan
City of Boynton Beach
100 E. Boynton Beach
Boynton Beach, Fl 33425
Re: Release of Bond
Dear Laurinda:
This letter is to serve as a request for release of D. R. Horton's issued bonds. If
you have any further questions please contact me at (954) 949-3077.
(#4) BOND NUMBERS: 6273094
DEVELOPMENT: Parkside P.U.D.
REASON FOR ISSUANCE: Platting
Attached is a copy of the bond with important information highlighted.
Sin?!:]
y ~--
Amy Hetzel
Entitlement Analyst
D R Horton, Inc.
Exhibit "A" Sheet 1 of 8
1245 South Military Trail. Suite 100 . Deerfield Beach, Florida 33442
(954) 949-3000 . FAX (954) 428-7391
www.drhorton.com
EXHIBIT I'N_3ft
(LDR, Chap. 7, Art. I, Sec. 3.13.)
(LDR, Cbap. 7.5,M. II, Sec. 7.)
. i
PERFORMANCE BOND
KNOW ALL MEN BY TIIESE PRESENTS:
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That [1] [we]. D.R. Horton, Inc. .' . herllJinafter oall
PRlNClPAL, ~~t~co In1':lITRn..,P COIIJDRny of 1\1JIl:"J::iCR . a surety company authorized to do
business 1n the State of Florida, hereinafter referred to as SURETY, are hel<l atld fumly bowd
unto the City of Boynton Beach, a oIitieal subdivision of the State ofFlorlda, hereinafter called
em, the full mid just sum .- e
lawful money ofithe United States of America. to be paid to the Ity of Boynton Beac to' which
payment will tIDa truly be made, we bind ourselves, our heiIs, executon, administratonl,
successors and ,signs, jointly and severally, firmly by these presents: .
[WHERliAS, the ibove bOund PRINClP AL hIlS received approval from the CITY for the
recording of a Certain subdivision plat known as f'\9:t ~':('~ 9Z .l2fJ.) IdG -, [],Q." and ncbJ:
recording is priot to completion of construction of the Required hOPrQvements as prescribed by
the S~bdivisio~[ Platting and Required ImproveInants Regulati()~, Chapters 2.5. 5 and 6
respectively oftqe Land Development Regulations of the City of Boynton Beach, hereinafter the
REOULATION~, pertaining to said subdivision;] or
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[WHER.BAS, the above bound PRIN oval from the CITY for the
constrUction of a ;certain proJect known and such pwject
shall construct arid install the required P lmPTovements to SUllPort the Project pursuant to the
terms of the P~it,J and
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WHBRE1$, PRlNCIP.AI. has been issued that certain r
Permit] [Land DeVelopment Permit] Nwnber . , hereinafter the PERMIT, for
construction of s*dItequlred Improvements, a copy of which is attach.,d hereto md by reference
made a part hereof; and
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WHEREAS, it waS one of the conditions of saId RnOULAT10NS a.n.d.PBRMIT that this
bond be execute<L .
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NOW, TIffiREFORE, the conditions of this obligation are such that if the above bound
.PRINCIP AL shall in all respects comply or oause others to comply with the tenna and condition$
of said PERMIT.jwith,in the time specified, and shall in every respect fulfill (itsJ(hisJ(her](their]
Obligation thereunder and under the plans therein referred to, then this obligation to be void;
otherwise, it shall! remain in full force and effect.
PlIgo 1 (If 4 pages
Exhibit "A" Sh~et 2 of 8
The PlpNCIP AL .and CITY agree that. the City Engineer may, in writing, reduce the
initial amount ~tated above in accordance with the requirements of said REGULA TrONS.
The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the
PR.IN"CIP AL fails to perform all or any part of the construction work requirBd by said PERMIT
and REGULATIONS within the time specified, the SURETY, upon thirty. (30) days written
notice from the CITY or its authorized agent or officer, of the default, to the PRINCIPAL or its
authorized ageht or officer, will forthwith perform and complete the aforesaid construction work
iUlc1 pay the cost t11Q~eor, including, but not limited to, engineeringt legal, and contingent costs,
together with any da.mages either direct or consequential. Should the St..TRl!TY fail or refuse to
perform and complete the said improvements; CITY, in vi~ of the public interestt health, safety
and welfare f~tors involved and the inducement in approving Bnd filing the said plat, sball bave
the right to res9rt to any and all legal remedies against the PRlNCIP AL and/or SURETY, or both
at law and in ~ty including speoifioally the specific performance, to which the PRINCIPAL
and SURETY Unconditionally agree.
. The PRINCIPAL AND SURETY FURTHER. JOINTLY Am> SEVERALLY AGREE
that the CITY, ~t its option,. shall have the right to construct or, pursuant to public ad.vertisem~nt
and receipt of bids, cause to be constructeU the aforesaid improvements in case thl;l PRINCIPAL
should fail or r~fuae to do so in acoordance with the terms of said PERMIT. In the event CITY
should exercis9 and give effect to such riiht. the ~R.lNCIP AL and SURETY shall be jointly and
severally liablelhereunder to reimburse the CITY, the total cost thereof: including but not Ihnite~
to, engineering. legal, and contingent costs, together with any damages, either direct or
consequential, which may be sustained on account of the failure of the pRmCIP AL to cany out
and execute al~ the obligations for oonstruction of Required Improvements pursu.mt to the
REGULATIONS and PERMIT.
!
. " .
the PRINCIPAL has executed these presents u _ ..~
~
(CORPORATEiSEAL)
D.R. Horton, Inc.
[a Flerida e~lioA-J(a ~ ic../,(/wre...- corporation,
liC~~~es. m P1orlda]
BY: ===-.-.-.
V;c.\:. 'Yfi<;J'IcJ.fYlt-
ATTEST:
,s:.,'
'\2#-A-~ ,.J '..,1 f See ,..dClI'J.-
(Impressionable corporate seal) . .
hilI 2 of 4 pages
Exhibit "A" Sheet 3 of 8
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STATE OF iF (or Cd", )
COUNTY OF! (5{~t~tI.)
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BEFORlf ME person,a1ly appeared ....l!IlJl.j\LvYha 'hou(~ I . J&:bo is p~ona11y
known to me, Oli has produced . IS identifioation, and who executed
-the for(:lgoIng ~ent as [Vioe] President of nJ1. \-\:J{1(,.'\1 J} (\~ . .a corporation, and
severally acknO'o/ledged to and befOru me that [he][she] executed such instrument as such officer
of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of
said coIporationland that it was affixed. to said instrument by due and regular corporate authority,
and 'that instrum~t is the free llOt and deed of said corporation.
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WITNESS my hand and official seal this
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My commissianlexpires:
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ADDRESS:
1192 East Newport Center Drive, Suite 150
,Deerfield Beach, FL.33442
1/
day of /116'1 t( . . 20l'1
4~6c::
-. . - -.- . .-..
Notarypuo .c
(Seal)
.,~" A"1Y Hetzel
\~) MyICommission 00216806
0, '" EX91res May 28. 2007
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-OR-
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(INDIVIDUAL PRINCIPAL)
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WITNESS: i
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BY:~.
ADDRESS:
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(SURETY SIGN1ATURE BLOCK)
MEn> SURETY
WITNESS: ~'2:;hvi th~ BY:' t. . .
Kristin Haley --...:..~ Kimberly A. . avernier, 1tS attomey~m.faot
~... . ~ _ \:J ~ (nower of attorney must be attached)
\l...Q~~------- and FL 'lftcensed Resident Agent
~ett C~rdin~le ..
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Page 3 of -4 pagel!
Exhibit "A" Sh~et 4 of 8
STATE OF Florida )
COUNTY OF I Hillsborough )
Exhibit "A~ Sheet 5 of 8
ADDRBSS~
c/o Willis of Florida
6200 Courtney CampbellCswy., #300
, . ~ . -
Tampa, FL 33607
Inquiries: (813) 281-2095
(Seal)
OFFICIAL SEAL
MARGARET A. GINEM~
Notary. Public State of Florida
Comm. # DD 176563 .
Comm. Exp. Jan: 8, 2007
Page 4 -of 4 pages
~ SAFElco"
r~
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 10171
KNOW ALL BY THESE PRESENT?:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
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appoint I
....................JAMES W. DUJ'1N; DAVID H. CARR; KIMBERLY A. TAVERNIER; ANETI CARDINALE; LINDA J. MEYER; Tampa, Florida......................
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,
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its true and lawful attorney(s)-In-fac\, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
Issued in the course of its business, and to bind the respective company thereby.
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IN WITNESS WHEREOF, SAFECQ INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each execuled and
attested these presents I
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this
13th
day of
September
, 2002
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CHRISTINE MEAD; SECRETARY
~k jv1c-fflW\~
MIKE MCGAVICK, PRESIDENT
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"Article V, Section 13. - FIDELITY ,ixND SURETY BONDS ... Ihe President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of syrety operations, shall each have authority 10 appoint individuals as attorneys-In-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument. making or evidencing s~ch appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
'ertaking of the company, the sea,I, or a facsimile thereof, may be Impressed or affIXed or in any other manner reproduced; provided, however, that the seal shall not
lecessary to the validity of any such instrument or undertaking."
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Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
I and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company selling out,
(i) The provisions of Article~, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(Iii) Certifying that said powe~-of-attorney appointment is in full force and effect,
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the signature of the certifying officer r:nay be by facsimile, and the seal of the Company may be a facsimile thereof."
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I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that
the foregoing extracts of the By-Law$ and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true
and correct, and that both the By-laWs, the Resolution and the Power of Attorney are still in full force and effect.
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IN WITNESS WHEREOF, I have her~unto set my hand and affixed the facsimile seal of said corporation
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CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
this
7th
day of May
,2004
CHRISTINE MEAD, SECRETARY
S-0974/SAEF 2/01
@ A registered trademark of SAFECO Corporation
09/1312002 PDF
Exhibit "A" Sheet 6 of 8
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
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THE TERRORISM RISK INSURANCE ACT OF 2002
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As a surety bond customer of one of the SAFECO insurance companies (SAFECO
Insurance Corr,pany of America, General Insurance Coml'>any of America, First
National Insurance Company, American States Insurance Company or American
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Economy Insurance Company), it is our duty to notify you that the Terrorism Risk
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Insurance Actlof 2002 extends to "surety insurance". This means that under certain
circumstance~ we may be eligible for reimbursement of certain surety bond losses by
the United St9tes government under a formula established by this Act.
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Under this for~ula, the United States government pays 90% of losses caused by
certified acts df terrorism that exceed a statutorily established deductible to be paid by
the insurance ;company providing the bond. The Act also establishes a $100 billion cap
for the total ofialllosses to be paid by all insurers for certified acts of terrorism. Losses
on some or alii of your bonds may be subject to this cap.
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This notice do~s not modify any of the existing terms and conditions of this bond, the
underlying agr1eement guaranteed by this bond, any statutes governing the terms of
this bond or a?y generally applicable rules of law.
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At this time there is no premium charge resulting from this Act.
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Exhibit "A" Sheet 7 of 8
Lut Number .
Subdivision
Zoning . . .
Application type
Application date
Tenant nbr, name
Master plan nbr, revwd by
Estimated valuation
Total square footage .
Public building . . .
Work description, qty
Pin number . . . . . .
Application desc . . . . . .
Press Enter to continue.
F3=Exit F5=Land inq F7=Appl names F8=Tracking inq F9=Bond inquiry
Fll=Receipts Fl2=Cancel Fl3=Val cales Fl4=Misc info F24=More keys
BP200I01
Application number . . .
Application status, date
P.....operty . .
. . . . .
Exhibit "A" Sheet 8 of 8
CITY OF BOYNTON BEACH
Application Inquiry
03 00002413
FINALED
2751 S EVERGREEN CIR
08-43-45-17-12-011-0000
6/10/05
PARKSIDE TOWNHOMES
PID PLANNED INDUSTRIAL DEV.
PD PAVING
6/24/03
TRACKING PURPOSES ONLY
FL
100000
o
NO
831838
8/22/06
08:49:11
FlO=Fees
: .~. .'".".0~'
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM'
VI.-CONSENT AGENDA
ITEM N.
~z" . 1 'J "'"_
'~~ C~ 8 __ ~.~
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'..; II- ')?
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'-'-
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 August I, 2006 July l7, 2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31,2006 (Noon) 0 October] 7, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
[8] September 19, 2006 September 5,2006 (Noon) 0 Novernber 2 I , 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to approve the release ofa Letter of Credit (#3052117 issued by Bank of America) in the amount of $86,669.00
(Eighty-Six Thousand Six Hundred Sixty-Nine and No Cents.)
EXPLANATION:
This surety was posted by DR Horton Homes in connection with the Parks ide Townhomes (fka Quantum Park Townhomes
East & West) and as required by the Land Development Regulations for restoration that may have been needed in connection
with excavation and fill activities associated with site development (Building Dept. Tracking Permit #03-2413.) All work on
this project was completed and accepted by the City 6/I 0/05. The warranty period expired 6/10/06, with no outstanding items
requiring correction. See Exhibit "A" for Letter of Request to Release Surety, copy of the Performance Bond, and
Application Inquiry documenting date of acceptance of work. -
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
ALTERNATIVES:
N/A
~~-{J
Public W orks/Engineering
Department Name
S:\Engineering\Logan\Sureties\Agenda Request Parkside LOP 09l906.dot
O.R.HOHIDN @ ~~
~Kd~~
August 16, 2006
Laurinda Logan
City of Boynton Beach
100 E. Boynton Beach
Boynton Beach, Fl33425
Re: Release of Bond
Dear Laurinda:
1bis letter is to serve as a request for release ofD. R. Horton's issued bond. If you
have any further questions please contact me at (954) 949-3077.
(#5) BOND NUMBER: 3052117
DEVELOPMENT: Parkside P.U.D.
REASON FOR ISSUANCE: Site Restoration if not developed
Attached is a copy of the bond with important information highlighted.
SjnCU7~
Amy Hetzel
Entitlement Analyst
D R Horton, Inc.
Exhibit "A" Sheet 1 of 7
1245 South Military Trail. Suite 100 . Deerfield Beach, Florida 33442
(954) 949-3000 . FAX (954) 428-7391
www.drhorton.com
,BaQkofAmerica .
I ~.'-'-j.;<
Exhibit "A" Sheet 2 of 7
PAGE: 1
- --- - ~_..-- ~...- ~-<- ... -
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: J
BENEFICIARY
CITY OF BOYNTON BEACH
DEPARTMENT OF DEVELOPMENT
100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FL 33425
ATTENTION: KEN HALL
BUILDING DEVELOPMENT
APPLICANT
D.R. HORTON, INC. - SOUTH FLORIDA
ATTN: KARL ALBERTSON
1192 EAST NEWPORT CENTER DRIVE
SUITE 150
DEERFIELD BEACH, FL 33442
AMOUNT
S
EXPI~
.J.r:c,J'."!I'"'=.u ~ur< '-'-'un. ~,~_
GENTLEMEN:
~E HE Y ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF
IN YOUR FAVOR, AS BENEFICIARY, BY ORDER AND FOR ACCOUNT OF
. . HORTON, INC. - SOUTH FLORIDA, ATTN: KARL ALBERTSON, 1192 EAST
NEWPORT CENTER DRIVE SUITE 150 DEERFIELD BEACH FL 3442 UP TO THE
N.A., 333 S. BEAUDRY A ,
MAIL CODE: CA9-703-19-23, LOS ANGELES, CA 90017 ATTN: STANDBY
LETTER OF CREDIT DEPARTMENT, AVAILABLE BY PAYMENT AGAINST YOUR
DRAFT(S) ON US AT SIGHT ACCOMPANIED BY:
1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICIAL OF THE
CITY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT, SWORN TO BEFORE A
NOTARY PUBLIC, STATING THAT: "THE FUNDS DRAWN UNDER LETTER OF CREDIT
NO. 3052117 ISS~D BY BANK OF AMERICA, N.A. ARE DUE BY REASON OF D.R.
HORTON, INC. - SOUTH FLORIDA'S FAILURE TO COMPLETE THE EXCAVATION AND
FILLING TO RESTORE THE SITE SHOULD THE NEED ARISE PER THE
REQUIREMENTS FOR D.R. HORTON, INC. - SOUTH FLORIDA, AS SHOWN ON PLANS
PREPARED BY SCHNARS ENGINEERING CORPORATION. THE WORK TO BE COMPLETED
IS AS FOLLOWS: (LIST THE WORK D.R. HORTON, INC. - SOUTH FLORIDA
FAILED TO COMPLETE.)"
2. THE ORIGINAL OF THIS LETTER OF CREDIT.
3. COPY OF. BENEFICIARY'S LETTER TO DEVELOPER PA'l'ED AT LEAS'!' 10 DAYS
PRIOR TO DRAWING, NOTIFYING THEIR INTENT TO DRAW ON THIS LETTER OF
CREDIT.
PARTIAL DRAWINGS ARE ACCEPTABLE.
THIS. LETTER OF CREDIT IS ENFORCEJ!illLE IN A COURT OF COMPETENT
JURISDICTION IN PALM BEACH CO~lTY, FLORIDA, AND IS TO BE INTERPRETED
BY FLORIDA LAW.
ANY DRAFT DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED "DRAWN
UNDER IRREVOCABLE LETTER OF CREDIT NO. 3052117 ISSUED BY BANK OF
AMERICA, N .A. " .
- - 0:, - . 1!.~"""'''''lIII.oJt\_.J_.::.;)t.J.''''.iiii;..-.~,...._J'.'''__ .~,.:
. u.. ." , .' . . ;._~ '. ~ :' :..__ :=/:.~::";""::~I;~:" \ _ __. , .~ _~. <_ '. __ _ _ .~_ _
.... or Americo. N,A. T..... Orao-
Mail Code: 0.9-103-19-09
333 S. 8a'IIdry Aven-. 19th Floor, LoI Angeles, CA 90017
ORIGINAL
OO-J.5-0202NSB !J..1999_CA9 19
o ~ecycled Paper
. Barikof America ~
: ~ , ,..
PAGE: 2
DAYS PRIOR TO SUCH EXPIRATION DATE YOU ARE NOTIFIED BY REGISTERED
LETTER OR OVERNIGHT COURIER SERVICE THAT WE ELECT NOT CONSIDER THIS
LETTER OF CREDIT RENEWED FOR ANY SUCH PERIOD.
WE HEREBY ENGAGE WITH YOU THAT ANY DRAFT DRAWN UNDER AND IN
COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY
HONORED UPON PRESENTATION TO US AT BANK OF AMERICA, N.A., 333 SOUTH
BEAUDRY AvENUE, 19TH FLOOR, MAIL CODE: CA9-703-19-23, LOS ANGELES, CA
90017, ATTN: STANDBY LETTER OF CREDIT DEPARTMENT, AS SPECIFIED
HEREIN.
UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS
SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS
(1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.
500.
IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS
TRANSACTION, PLEASE CALL 213-345-0132.
~;;;.~~T:~~5,JsnN ;;~i=~
IIi.
Exhibit "A" Sheet 3 of 7
Bank of America. N.A. Trade OpenItions
Man Code: C,A9..703.19--09
333 S. BnudryAYeIltJC, 19lh Floor. Los Ange\cs, CA 90017
ORIGINAL
OO-J5-0202NSB 9.t999_CA919
o Recycled Paper
10/23/2002 12:36
.
5617426357
CITYBOYNTONBEAOi
PAGE Ell
~k01America ~
ISSUU1G BANK:
" . "BANK OF AMERICA, N .A.
333 S. 8EAUD~Y AVENUE
19TH FLOOR, MAIL CODE CA9-703-19-23
LOS ANGELES, CA 90017-1466
-rJ'. C~te.L A.L:X~T50jt/.
F'f: ::q~...<t ~.42 g - f'330. - .'
t-i_ ~~)~ (4~1.l- "?~ t;"~(-l:t-~-'Z8'3
ISSUE DATE:
MAP.CH 14, 2000
CLEAN IRREVOCABLE STANDBY LETTER OF CREDIT No. 3D24021
~~5~
1 \ ..-.-. -' : '12J~ 5T ""("5' \-!t\. (<.. l'.....e.') j) 0~<S"\)
Iv0ll;:::> - ,~ . .... _
kG\. l5~.b /lite;;: p.' --
COST" L\5CC:L .,C)~. .,
B~(;.6==- .5GII/~/I;';G
O~fS~
AMOUNT: $201,888.50 ~
TWO HUNDRED OWE THOUSAND EIGHT HU~DRE' EIGHTY-EIGHT ~.D 50/100 Usa
EXP.J:RY DATE: M1\RCII 14, 2001
APPLICANT:
WAL-MART STORES,' INC.
702 SOUTHWEST 9". STREET
BENTONVILLE, All. 72716
BEN EFt ClARY:
CITY OF BOYNTON BEACH
DEPARTMENT or DEVELOPMENT
100 E. BOYNTON BEACH BLVD,
BOYNTON BEACH, FL 33425
ATTENTION: KEN HALL, BUILDING
TELEPHONE NO.:(5611 742-62B3
DEV.
GENTLEMEN:
I
I
WE HEREBY eSTABLISH OUR IRREVOCAB E TANDB LaTTER OF CREDIT NO. 3024021 IN YOUR
FAVOR, AS BENEFICIARY, BY ORDtR o' R AC UNT O/!, WAL-MART STORES, INC., 702
SOUTHWEST 8TH STREE:T, BENTOlWILL : AR 72716 UP TO THE AGGREGATE SUM OF TWO HUNDRl::D
ONE THOUS"".D EIGHT HUND EIGHTY EIG' ANO 50/100 U.s. DOLlJ'.RS, (U.s. 201,9BB.50)
EXPIRING ON MARCH 14, 01 AT 1:'H COUNTERS OF BANK or AME~ICA, N .A., 333 S. BEAUDRY
AVENUE, 19TH FtOOR, LO, ANES, 90017-~4~6, A~~BtE BY PAYMENT AGAINST YOUR
DRAFT IS) DMwN ON \)S Pi SIG ACC ANIED BY:
'.
1. A STATEMl::NT PUR RTEDt SIGNED BY AN AUTH01UZl::D OFFICIAL Oli' THE CITy OF
BOYNTON B~ DEPARTM T O~ ELOPMENT, SWORN TO BEFORE A NOTARY. PUBLIC STATING
THAT: TH~ 'NOS DRAWN ND L TER OF C~EDIT NO. 3024021 ISSUED BY BANK OF AMERICA,
N.A. ARDUE BY REAsO' WAL T'S FAILURE TO COMPLETE THE EXCAVATION AND FILLING
To RE ORE THE SITE SM LD TkE NEED ARISE PER THE REQUIREMENTS FOR WAL-MART ST.
1I27B IN BOYNTON BEACH; FLoRIDJI;, AS SHOWN ON PLANS PREPARED BY KIKL&Y-HORH AND
ASS VERO B~CH,I ATED FEBP.UARY 24, 2000. THe WORK TO !IE COMPLETED IS AS
FOLLOWS: IL~ the work Wal-Mart failed to complete.)
2.
or THIS LETTER or CREDIT.
3.
FICIARY'S LETTER NO'l'IFYING THEIR INTENT TO DP.AW ON THIs LETTER OF
TIAL DRAWINGS ARE ACCEPTABLE.
NO OPINION OF LEGAL COUNSEL SHALL BE REQUIRED.
THIS LETTER or CREDIT IS ENFORCtABLE IN A COURT 01" COMPE'.l'tNT JURISDICTION IN PALM
BEACH COUNTY, FLoRIDA, AND 18'1'0 8E INTERP~tTED BY noRiDA lJ'.W.
ANY DMFT D~WN UNDER THIS. LETTER OF CREDIT MUST BE MAP.KED uDRAWN UNDER IRREVoCADLE
LETTER OF CREDXT NO. 3024021 ISSUED BY BANK OF AHE~ICA..
IT IS A CONDITION OF THIS LETTE~ OF CRtDITTHAT IT SHALL BE DEEMED AUTOMAxlCALLY
EXT&NDED WI'1'flOI1'1' AMENDME FOR ONE (1) YE'AI\ mOM THE PRESENT OR ANy FUTURE
EXPIRATION DATE UNLESS (3D DAYS PRIOR TO SUCH EXPIRATION DATE YOU ARE
NotIFIED BY REGI~TERED LET ER OR OVE,RNIGHT COURIE~ SERVICE THAT WE ELECT NOT TO
CONSIDER TifIS Lt'rTER OF eREOt Rt!iEtfED FOR MY SUCH l'l!:RIOD. TalS LETTER OF CRI!:DIT
SI~L I\EMAlN ENFORCE'ABLE UNTI . RELEASED BY ^ RESOLUTION ADOPTED BY THE CITy
COMMISSION.
WE HE1U~BY ENGAGE WITH YOU T. TAAY DRAFT DRAWN UNDER AND iN COMPLIANCE WITH THE
TERMs or TUIS LETTER OF CRI!;DT WILL BE DULY HONOMD ON TilE PRESENTATION AT OlIR
OFFICE AT 333 S. BEAUDRY AV UE, 19TH FLOoR, HAIL CODE CA9-703-19-23 Los ANGELES, CA
90017-1466, ATTN: STANDBY L TER OF CREDXT DEPARTMENT;
OR
.!J1MST\"(90) _
.....,. Aftwtin. PI.A. ,,.,. urn....."
~...r""'('^.."'1-I.....
,,,,,. S. ~""nnM~ t~ ",,,,,. J '" ^l"pl'lti. I"A 'JIll."
Exhibit "A" Sheet 4 of 7
-............-- -.~ .___ h
Exhibit "A" Sheet 5 of 7
Letter of Credit
Request Form
Letters of Credit (LOC) will be issued only if a Surety Bond will not be accepted. All LOCs are
issued through Bank of America in California. Please submit the following information:
Division South Florida! Miami
Date 10/24/02
Subdivision Parkside at Ouantum Park
To Guaranty site restoration if not developed
Contract Date
(If the LOC is to guaranty earnest money)
Amount
$86.669.00
Date to be Issued 11/05/02
Date to be Released 11/05/03
Beneficiary Name & Address City of Boynton Beach
Department of Development
100 E. Boynton Beach Boulevard
Boynton Beach. FL 33425
ATTN: Kenn Hall. Building Dept.
561-742-6283
Mail To same as above
Special Instructions Attached is a LOC the City has accepted - they do not have a standard
form the use. They suggest having their legal department review before it is officially issued.
They may require the letter to be drawn on at a Florida bank branch as is provided for on the
attached sample format.
12.
Division Manager
Approval
Regional Manager
Please provide sample verbiage acceptable to beneficiary. LOC will be drafted for
beneficiary's approval prior to issuing.
Allow for a minimum of 6 days for LOC to be processed.
Please contact Kay-Kay Smith or Steve Lovett if you have any questions.
18/23/2882 12:36
5617426357
CITYBOYNTIN3EA(}j
PAGE 82
Jll"kOfAmerica ~
THIS Is AN INT2GRAL PART OF LETTER OF CREDIT NUMBER: 3024021
lz~ pO-~
BANK OF AMERICA, 100 SE 2ND STREET, l3'I'H.n... MIAMI, P'L 33131, ATTN: STANDS\' LiTTER
Of' CR!DIT DEPARTMENT, VIA COlJRIER SERVICE, OR REGISTERED HAIL, oN OR BEFt!lRE THE
EXPIRATIon DATE AS SPECIFIED ABOVl3, AND THAT AT LEAST TEN 1101 DAYS I~ AD\l}UfCE OF
THE PRESENTATION OE" Tij!: SIGHT DRAFT FOR PAYMENT, THE CITY HAS PROVIDED TO THE .
DEVELOPER B\' CERTIFIED MAlL, RETURN RECEIPT REQUESTED, NOTICE OF THE CITY'S INTENT
TO DRAw FUNDS ON THIS LETT!R OF CREDIT.
UNLESS OT~ERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT To THE
UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS C1993 REVISION), INTERNATIONAL
CHAMBER OF COMMERCE PUBLICATION NO. 500.
AUT~~
ROSE 1: AGUSTIN
THIS DOCUMENT CONSIST IS)
CARRILLO, BOLIVAR
~
.rJ\~
'J~'
Exhibit "A" Sheet 6 of 7
... '" -..... IU. ........'".....h..
Be... CA'.lI\J.'.....
:$, ~- r...n-.I...A........r.\ "'''7
)J.olO2N$ft O.I"'_t"^. tt
BP200I01
CITY OF BOYNTON BEACH
Application Inquiry
/22/06
8:49:11
Application number . . . 03 00002413
Application status, date FINALED 6/10/05
Property . . 2751 S EVERGREEN CIR
PCN. . . . . 08-43-45-17-12-011-0000
Lot Number .
Subdivision PARKSIDE TOWNHOMES
Zoning . . . PI D PLANNED INDUSTRIAL DEV.
Application type PD PAVING
Application date 6/24/03
Tenant nbr, name TRACKING PURPOSES ONLY
Master plan nbr, revwd by FL
Estimated valuation 100000
Total square footage . 0
Public building . . . NO
Work description, qty
Pin number . . . . . . 831838
Application desc . . .
Press Enter to continue.
F3=Exit F5=Land inq F7=Appl names F8=Tracking inq F9=Bond inquiry F10=Fees
Fll=Receipts F12=Cancel F13=Val calcs F14=Misc info F24=More keys
Exhibit "A" Sheet 7 of 7
/~(
~
VI.-CONSENT AGENDA
ITEM O.
CITY OF BOYNTON BEACHI
AGENDA ITEM REQUEST FORM
:) Sf? ~5
1 {t..o-i_
II' ?,
. L... ,
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 August 1, 2006 July 17, 2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
[8] September 19,2006 Septernber 5, 2006 (Noon) 0 November 21, 2006 November 6,2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to approve the release of a Letter of Credit (# 941574 issued by NationsBank) in the amount of $60,940.00 (Sixty
Thousand Nine Hundred Forty Dollars and No Cents.)
EXPLANATION:
This surety was posted by DR Horton Homes in connection with the San Savino PUD and as required by the Land
Development Regulations for restoration that may have been needed in connection with development of Phases 3A, 3B, and
3C (Building Permit #00-1363.) All work on this project was completed and accepted by the City 6/21/02. The warranty
period expired 6/22/03, with no outstanding items requiring correction. See Exlnbit "A" for Letter of Request to Release
Surety, copy of the Letter of Credit, and Application Inquiry documenting date of acceptance of work.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
ALTERNATIVES:
N/A
Public W orks/Engineering
Department Name
~
~
S:\Engineering\Logan\Sureties\Agenda Request San Savino 3A, 38, 3C 091906,dot
O.R.HOHIDN @ ~~
~jca!~~
August 16, 2006
Laurinda Logan
City of Boynton Beach
100 E. Boynton Beach
Boynton Beach, Fl 33425
Re: Release of Bond
Dear Laurinda:
This letter is to serve as a request for release of D. R. Horton's issued bond_ If you
have any further questions please contact me at (954) 949-3077.
(#1) BOND NUMBER: 941574
DEVELOPMENT: San Savino P.U.D.
REASON FOR ISSUANCE: Development of Phase 3A, 3B, & 3C
Attached is a copy of the bond with important information highlighted.
Sincerely,
q~
Amy Hetzel
Entitlement Analyst
D R Horton, Inc.
r'
i 0 )
I r <,
Uu AUG! 7 2005
1......./
I L__ .
~!:!:.6',T'J;E!\lT OF DEVELOPMENl
Exhibit "A" Sheet 1 of 4
1245 South Military Trail. Suite 100 . Deerfield Beach, Florida 33442
(954) 949-3000 . FAX (954) 428-7391
www.drhonon.com
JUL 01 1999 17: 10 FR RE STBY LC
.........k.
2142092428 TO 981'7e?68242
P.01/04
Poet-fr Fax Note
To
7671 Date
FnIm
Co.
Phone ,
......:f,~~'J~, ·
I
· I
. '" 'I' ~ .' _
:. :.. . :.' .. ~~. ..". '.
. ..'. . ..'
. '. .
", -. '.
.~
OF CREDIT NO. -.
APPLICANT:
D.R. HORTONf INC.
1901 ASCBNS ON BLVD.
ARLINGTON, TX 76006,
BENEFICIARY:
CITY OF OOYNTON BEACH
100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FL 33435
GENTLEMEN:
WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NO___..
IN YOUR FAVOR FO OF D.R. HORTON AGG~
STATES DOLLARS
AT SIGHT DRAWN
. ELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT(S):
1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE
OF THE CITY OF BOYNTON BEACH STATING
"THE FUNDS DRAWN UNDER THIS LETT-tm OF CREDIT ARE NEEDBD TO PAy
FOR DEVELOPMENT OF MELEAR P. U. D. PHASE 3AJ._ 3B &: 30 IN ACCORDANCE
WITH THE CITY" S LAND DBVRLoPHENT CODE IN vuNNECTION WITH THE
PROPOSED SUBDIVISION KNOWN AS MELEAR P.U.D.PHASES 3A" 3B & 3C AND
CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED";
~D .
2. THE ORIGINAL LB'l'TER OF CREDIT AND ANY SUBSEQUENT AMENDMENTS.
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE
DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL
ONE (1) YEAR PERIODS UNLESS WE NOTIFY YOU IN WRITING AT LEAST
NINETY (90) DAYS PRIOR TO THE CURRENT OR ANY FlJTtJRE EXPIRATION
DATE THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANY SUCH
ADDITIONAL ONE YEAR PERIOD. NOTICE TO THE CITY THAT THE LETTER OF
CREDIT WILL EXPIRE. PRIOR TO THE PERFORMANCE OF THE OBLIGATIONS
GUARANTEED BY THIS LETTER OF CREDIT SHALL BE DEEMED A DEFAULT AND
SHALL ENTITLE CITY TO COLLECT ON Tiifs LETTER OF CREDIT BY
PRESENTATION OF SIGHT DRAPT( S) .
THE LETTER OF CREDIT IS IRREVOCABLE AND SHALL REMAIN ENFORCEABLE
UNTIL RELEASED BY A RESOLUTION ADOPTED BY THE CITY COMMISSION OR
THE CURRENT OR ANY FUTURE EXPIRY DATE. WHICHEVER IS EARLIER.
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 941574. PAGE 1
ORJc.;INJ.1
Exhibit "A" Sheet 2 of 4
JUL 01 1999 17:10 FR RE STBY LC
..........nlc-
2142092428 TO 98178568242
P.02/04
THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT
JURISDICTION IN PALM BEACH COUNTY. FLORIDA, AND IS TO BE
INTERPRETED BY FLORIDA LAW.
EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN THIS CREDIT IS
SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY
CREDITS (1993 REVISION). INTERNATIONAL CHAMBER OF COMMERCE
PUBLICATION NO. 500 AND IN THE EVENT OF ANY CONFLICT IS TO BE
INTERPRETED BY FLORIDA LAW. LITIGATION HBREUNDBRJ. IF NECESSARY,
SHALL BE IN A COURT OF COMPETENT JURISDICTION IN l"ALH BEACH
COUNTY. FLORIDA.
WE HEREBY ENGAGE WITH YOU THAT BACH DRAFT(S) DRAWN UNDER AND IN
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE
DULY HONORED IF PRESENTED WITH DOCUMENT{S) AS SPECIFIED AND THE
ORIGINAL OF THIS CREDIT. AT OUR OFFICE LOCATED AT 901 MAIN
STREET. 9TH FLOORJ._DALLA~J.....TEXAS 7520ix ATTN: LETTBH OF CREDIT
~~6MAT~~A~Y'~~D~EDATj'S~~~YDEDP~~i =fN~R ~Fl'( S)
DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERENCE OUR LETTER OF
CREDIT NUMBER.
fn:~~"&r~' IrA~
~
VICE PRESIDENT
FOR ASSISTANCE PLEASE CALL BARBARA TEAGUE AT 214-209-3097.
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 941574. PAGE 2
ORI(;lllJAI
:xhibit "A" Sheet 3 of 4
BP2::; C I 0 J_
CITY OF BOYNTON BEACH
Application Inquiry
8/23/06
09:00:36
Application number . . .
Application status, date
P""'-Y)erty .
E '"
LOl: Number
00 00001363
FINALED
3647 MINER RD
08-43-45-18-00-000-1020
6/21/02
-::iA~ ~\ll Nt:>
Zoning . . PUD PLANNED ZONED DISTRICT
Application type PO PAVING
Application date 3/29/00
Tenant nbr, name FOR TRACKING PURPOSES
Master plan nbr, revwd by PLANS ENG. FL
Estimated valuation 1344036
Total square footage . 0
Public building . . . NO
Work description, qty
Pin number . . . . . . 7998
Application desc . . .
Press Enter to continue.
F3=Exit F5=Land inq F7=Appl names F8=Trackinq inq F9=Bond inquiry F10=Fees
Fll=Receipts F12=Cancel F13=Val cales F14=Misc info F24=More keys
Exhitbit "A" Sheet 4 of 4
qr
~
VI.-CONSENT AGENDA
ITEM P.
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 August I, 2006 July 17,2006 (Noon.) 0
0 August 15, 2006 July 31,2006 (Noon) 0
0 September 6, 2006 August 14,2006 (Noon) 0
[8] September 19,2006 September 5, 2006 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
October 3, 2006
September 18, 2006 (Noon)
October 17,2006
October 2, 2006 (Noon)
November 8, 2006
October 16,2006 (Noon)
November 21,2006
November 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
[8] Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
J
0 City Manager's Report '_.' 'I .'-,
(/) --.-i"'-.:;....
0 New Business -,., -
1''''' ,
0 -"0
Legal
0 Unfmished Business co
-,
0 J:;r;;t
""):.:;c.o , .
tj') '-1
'":1W
RECOMMENDATION: Authorize the use of $2,500 from Commissioner Ensler's Community Investment Fund}or titi;;'2
construction of a base for the monument donated by Commissioner Ensler on the City traffic circle across from the Ameri6fu
Legion Hall, Post 164, located at 571 W. Ocean Avenue.
EXPLANATION: Commission approval is requested for allocation of$2,500 from Commissioner Ensler's fund for the
construction of a base for the monument donated by Commissioner Ensler on the City traffic circle across from the American
Legion Hall, Post 164.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to,allocate
subject to Commission approval.
Department Head's Signature
~
City Manager's Signature
AL TERNA TIVES: Decline to authorize the requested use.
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: August 29,2006
Requested by Mayor/Commissioner: Commissioner Ensler
Amount Requested: $2,500.00
RecipientJPayee: American Legion Post 164
Description of project, program, or activity to be funded: Funds to be used to purchase base
for monument at the American Legion Hall Post 164,571 W Ocean Avenue, Boynton Beach,
33426 for memorial eagle donated by Commissioner Ensler.
Dated: 'i'~'1-t1~ By:n g - /1'J<dU
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. $7,500 has been used to date by the requesting Member, leaving a
balance of available funds of $2,500. This request would bring the available amount down to
$0.00
Accordingl<;
A There are funds available as requested
o There are insufficient funds available as r
Dated: q/s/oc. By:
Part III. Eligibility Evaluation (to be completed by City Manager)
Dated:
ri"- The proposed expenditure of funds will not result in improvement to private
property;
~ The recipient/payee provides services within the City of Boynton Beach;
r"'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
ci/1>roper safeguards will be implemented to assure that the public funds being
appropriated will be used for :::~
ity anager
-
S:\City MgMdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
,.;.",,:,!;>:..: :','i:i~<:""'"'i:;:,,,,,:';",-,,,,"'<;;.;,_i.ffi":h.':;.;:~:;:'!.';',:l"r;,:j;t:i::u!;/(iiliiii)l}:~ii:i:.Jli~~;~'L;;:,.i~l,~o;;,;;,,~';;i,\~;~~r,~,;:mii:i;"i;,;;;.:.:"":,~,,,',;;;'j,~:.'\,,;:~;,.~';i"':".i;;;.:;~!>,}, 2;i~~,~,.~~;iiJ;..{dil"h,~iili2f~:,,,i;;~:~;,,:;~j:::Ji~_~;';jh~;';;;i~~:t~iiif~i~j,:;l;:~!i':i~~:g~jW.#~~f:1:"i;,1:~;jtrJiit}k.:;;~b'f"ib:k~,"<~".t"",~;<,,l!::1i';1:~t.i;,;:i::::';..;
t
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
Meetinl!: Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31,2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
[8] September ]9,2006 September 5, 2006 (Noon) 0 November 21,2006 November 6, 2006 ONoon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of $2,000 from Vice Mayor McKoy's Community Investment Fund for MAD
DADS of Greater Boynton Beach, Inc. to provide additional resources (fmancial, office space, etc.) for their Children and
Youth Division.
EXPLANATION: Commission approval is requested for allocation of $2,000 from Vice Mayor McKoy to MAD DADS of
Greater Boynton Beach, Inc. to provide additional resources.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use.
Department Head's Signature
~ntName
City Manager's Signature
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 14,2006
Requested by Mayor/Commissioner: Vice Mayor McKoy
Amount Requested: $2,000.00
RecipientJPayee: MAD DADS of Greater Boynton Beach, Inc.
Description of project, program, or activity to be funded: Funds to be used to provide
additional resources (financial, office space, etc.) for their Children and Youth Division.
Dated: '1-/I-d~ By: rr-- ~
/
Part II-Availability of funds (to be completed by the Fillance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $8,000 has been used to date by the requesting Member, leaving a
balance of available funds of $2,000. This request would bring the available amount down to
$0.00
Accordingly:
)( There are funds available as requested
o There are insufficient funds available as
Dated:
9 /r{ fDr,
I I
Finance DIrector
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
~The proposed expenditure of funds will not result in improvement to private
property;
tY The recipient/payee provides services within the City of Boynton Beach;
ij]/ 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
V Proper safeguards will be implemented to assure that the public ftmds being
appropriated will be used for the ~..p.... ... O..S:~
,.... (L( -0 b By: ...> . ...... ~
City anager
S:\City MgMdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVtSEOO5-
06.doc
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MAD DADS OF GREATER BOYNTON BEACH, INC.
(Men Against Destruction Defending Against Drugs & Social Disorder)
P.O. Box 549
Boynton Beach, FL 33425-0549
Tuesday, September 12, 2006
Honorable Vice Mayor Carl McKoy
District IV, City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Re: Financial Support
Vice Mayor McKoy:
Thank you! Your patriotism and continued support for the people of this great, ever-expanding city has
empowered all persons to celebrate and value the richness of our children and youth. And it is with this
same enthusiasm and continued assistance that the MAD DADS organization appeals to you for
sustainability.
We are asking that you help us in providing additional resources (fmancial, office space, etc.) for our
Children and Youth Division. Weare already grateful for the City's assistance in the past and know that
you understand that it is with this partnership that we are able to provide children and youth with
opportunities for good citizenship.
It is because of people like you that care, that we can go on and look to the future.
. Cordially,
(} . L.IL e:.. f3.A-f"'+-
~,~" Bryant, I
Executive Director
cc:
Kareem "Corey" Thompson ~
Vice President, Board of Directors
C. Lloyd Newton, Ph.D. €.J
President, Board of Directors
~
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
Meeting Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office
0 August 1,2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15, 2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14, 2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
[8] September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o
o
[8]
o
o
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
o
o
o
o
o
City Manager's Report
New Business
'.'
Legal
Unfmished Business
:0')
r' ,',
--0
) --i
;-<
<0
,-.J
; ,:':~)
COJ
7:
(:J
, -/
. "'-
RECOMMENDATION: Authorize the use of $2,000 from Commissioner McCray's Community Investment F\iild foi~
Lena RahminglMaude Ford Lee Scholarship Fund to provide assistance to former head start students to attend coll~ge.? i~
'.....J'in
EXPLANATION: Commission approval is requested for allocation of $2,000 from Commissioner McCray's fund to assiSt
former head start students attend college.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $ I 0,000 in Community Investment Funds to allocate
subject to Commission approval.
Department Name
AL TERNA TIVES: Decline to authorize the requested use.
Department Head's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: September 15, 2006
Requested by Mayor/Commissioner: Commissioner McCray
Amount Requested: $2,000.00
Recipient/Payee: Lena RahminglMaude Ford Lee Scholarship Fund
Description of project, program, or activity to be funded: Funds to be used to provide
assistance to former head start students to attend college.
Dated: j-/S"-t:J4:.
BY:~/~~
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. $8,000 has been used to date by the requesting Member, leaving a
balance of available funds of $2,000. This request would bring the available amount down to
$0.00
Accordingly:
)( There are funds available as requested
o There are insufficient funds available as
Dated:
9~5'/o(P
I {
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;
ii5" The recipient/payee provides services within the City of Boynton Beach;
q,.....-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
vProper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
OI/o.dob BY:.J!~
City Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
Welsh, Pam
From:
Sent:
To:
Subject:
Costello, Joyce
Friday, September 15, 2006 12:39 PM
Welsh, Pam
Community Investment Funds
Please prepare documentation for Commissioner McCray to donate $2,000 to the Lena Rahming/Maude Ford Lee
Scholarship Fund. Purpose: To assist former head start students to attend college. This one will be walked on Tuesday
evening. Thanks
Joyce
1
VIII.-PUBLIC HEARING
ITEM A.
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 Ci ty Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) 0 October I 7, 2006 October 2,2006 (Noon)
0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
[8] September 19, 2006 Septernber 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
[8] Public Hearing 0
RECOMMENDATION: Please maintain this request on the September 19, 2006 City Commission Agenda under
Public Hearing. The applicant requested that the subject item be tabled at the August 15,2006 Commission meeting, to allow
for consideration of design changes, and brought before the City Commission on September 19, 2006. For further details
pertaining to the request, see attached Department Memorandum No. 06-140.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Red Lobster (NWSP 06-018)
Linda Nunn
GMRI, Inc. (Neil Terwilliger)
Out lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast comer
of Congress A venue and Old Boynton Road
Request for New Site Plan approval to construct a 7,010 square foot restaurant and
related site improvements on Out Lot #3 of the Boynton Town Center site.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Ul1!I/ iIa<<~ /~
City Manager's gnature I ~
k V Assistant to City Manager
PI'nmDg ~, Directo, c;ty Attorn,,>, I Fimmc,
S:\Planning\SHARED\WP\PROJECTS\Red Lobster\NWSP 06-0l8\Agenda Item Request Red Lobster NWSP 06-018 9-l9-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-140
STAFF REPORT
FROM:
Chair and Members of the Planning and Development Board
and City Commission
Michael Rumpf\\~
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
July 10, 2006
PROJECT NAME/NO:
Red Lobster Restaurant / NWSP 06-018
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
1950 Congress Avenue, LLC
Applicant:
Neil Terwilliger of GMRI, Ine.
Location:
Approximately 450 feet north of northeast corner of Old Boynton
Road and Congress Avenue (see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Local Retail Commercial (LRC)/Community Commercial (C-3)
Proposed Land Use/Zoning:
No change
Proposed Use:
Request new site plan approval to construct a 7,010 square foot
restaurant and associated site improvements on Outlot #3 of the
approved Boynton Town Center project.
Acreage:
73,224.36 square feet (1.68-acres)
Adjacent Uses:
North:
Undeveloped Outlot #4 of Boynton Town Center with a Local Retail Commercial
(LRC) land use designation, zoned Community Commercial (C-3);
South:
Entrance drive for Boynton Town Center from Congress Avenue, then farther south
undeveloped Outlot #2 of Boynton Town Center(proposed RBC Centura Bank) with
a local Retail Commercial (LRC) land use designation, zoned Community Commercial
(C-3);
East:
Undeveloped commercial property (proposed Target site) with a Local Retail
Commercial (LRC) land use designation, zoned Community Commercial (C-3); and
Staff Report - Red Lobster Restaurant (NWSP 06-018)
Memorandum No PZ 06-140
Page 2
West: Right-of-way for Congress Avenue, farther west is developed commercial (Hops
Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned
Community Commercial (C-3);
Site Characteristic: According to the survey, the subject site is currently vacant, and approximately 235
feet deep and 310 feet wide. The subject parcel is one of the outlots associated
with The Boynton Town Center (Outlot #3). It is the third parcel along Congress
Avenue north of Old Boynton Road, fronting the proposed Target building.
Proposal:
Concurrency:
Traffic:
Utilities:
BACKGROUND
Linda Nunn, representing 1950 Congress Avenue; LLC and GMRI, Inc., is
requesting site plan approval for the construction of a 7,040 square foot restaurant
on the 10GB-acre parcel. Outlot #3 is one of four (4) parcels fronting on Congress
Avenue with Community Commercial (C-3) zoning as part of the approximately 25-
acre site located at the NE corner of Congress Avenue and Old Boynton Road. The
overall site plan for Boynton Town Center was approved by the City Commission on
September 20, 2005, and while it depicted the outlots, the in-depth detail for each
of the parcels was to be provided in the submittal of separate site plan applications
for each. As such, Smokey Bones, along with Red Lobster, are the second and third
of the lots respectively to submit for review, following last month's review of RBe
Centura Bank.
ANALYSIS
A traffic statement for the entire Boynton Town Center and Village project was sent
to the Palm Beach County Traffic Division for concurrency review in order to ensure
an adequate level of service. In a response dated February 1, 2005 , Palm Beach
County Traffic Division determined that the project meets the Traffic Performance
Standards, with conditions limiting the number of new PM peak hour external trips
that could be generated by any new construction and linking them to required
roadway improvements. Therefore, a monitoring matrix has been created between
the City and the master developer's traffic engineer to assist in the issuance of
building permits for the various phases, to ensure compliance with the overall
development order. Additionally, a CRAlLS (Constrained Roadway At lower Level
of Service) designation for various roadway linkages was adopted by Palm Beach
County which recognized the diffiCUlty of certain Intersection improvements (i.e.
additional turn lanes for certain turning movements at Old Boynton Road and
Congress Avenue). As stated earlier, construction of this component of the project
may only proceed with the initiation of the necessary road improvements noted in
the Boynton Village & Town Center development order(see Exhibit "c" - Conditions
of Approval).
The City's water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water for this project. local piping and infrastructure
Staff Report - Red Lobster Restaurant (NWSP 06-018)
Memorandum No PZ 06-140
Page 3
improvements may be required, especially on the water delivery system for the
project, depending on the final project configuration and fire-flow demands. These
local improvements would be the responsibility of the site developer and would be
reviewed at the time of permitting. Sufficient sanitary sewer and wastewater
treatment capacity is also currently available to serve the project. The applicant
has already paid the capacity reservation fee for the entire master development.
Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
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: School concurrency is not required for this type of project.
Driveways: The site plan (Sheet C3) shows that two (2) points of ingress/egress are proposed
for the restaurant outlot. One driveway opening would occur at the southeast
corner of the parcel, which would connect with 'One of the entry drives off of
Congress Avenue for the Boynton Town Center project. A second point of
ingress/egress is proposed at the northwest corner of the parcel, and serves as a
cross-access drive with Outlot #4 to the north.
Parking Facility: In the review of the master development for Boynton Town Center, parking was
calculated on the basis of a shopping center, due to the nature of the mixture of
uses proposed. According to the Land Development Regulations, shopping centers
require one (1) parking space per 200 square feet of gross floor area. The site plan
(Sheet 0) proposes a 7,040 square foot restaurant building, which would require
36 parking spaces. The site plan depicts 105 parking spaces, including five (5)
designated for handicap use. Therefore, there would be 69 excess parking spaces
provided. The master developer also entered into cross-access and cross-parking
agreements, which provides for overflow parking in times of need.
All spaces, excluding the handicap spaces, would be dimensioned 9 feet - six (6)
inches in width and 18 feet - six (6) inches in length. All proposed parking stalls,
including the size and location of the handicap spaces were reviewed and approved
by both the Engineering Division and Building Division.
landscaping:
The proposed open space or "pervious" area would be 16,817 square feet or
23.02% of the total outlot. The master plan for the entire Boynton Town Center
was approved with a 20 foot landscape buffer along the west (Congress Avenue)
side of the project, that Included Live Oak and Mahogany trees, Royal Palm trees,
Coco plum and Plumbago shrubs, among others. These 20-foot landscape buffer Is
the master developer's responsibility for installation and maintenance, along with
various other site Improvements, such as sidewalks and roadways. As such, no
Certificate of Occupancy (C.O.) wfll be Issued for the Red lobster Restaurant
Staff Report - Red Lobster Restaurant (NWSP 06-018)
Memorandum No PZ 06-140
Page 4
without the installation and final inspection of these common improvements (see
Exhibit "c" - Conditions of Approval). According to the landscape plan (LA-1), the
applicant proposes to landscape around the parking areas and building utilizing Live
Oak, Mahogany, Pitch Apple, Ligustrum and Tibouchina trees and Cocoplum,
Copper Leaf, Spanish Stopper, Hibiscus and Ixora shrubs/groundcovers. A non-
potable water source will be required for irrigation purposes.
Building and Site: The building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. Architectural style,
building materials and colors for all buildings proposed within Boynton Town Center
were submitted and approved as part of the overall master plan. The Red Lobster is
designed as a one (l)-story structure, with an elevated entry/lobby area to proVide
mass in the architectural design of the building. The elevations (Sheets A2.0 &
A2.l) indicate the typical parapet roof line would be at a height of 18 feet, while
the ridge of the entrance hip roof would be 26 feet - 1 inch in height, well below
the maximum of 45 feet allowed in the C-3 zoning district.
DeSign: As noted above, architectural style, building materials and colors for all buildings
proposed within Boynton Town Center were submitted and approved as part of the
overall master plan. The applicant proposes to incorporate design elements from
the approved materials and color palette. The elevations show that the hip roof
would be constructed of standing seam metal, medium brown in color. The bUilding
also contains corbelled stone veneer at the base of the building entry and a stone
veneer base around the remainder of the structure at the watertable. The
identity/corporate image of this restaurant chain is that of a New England
waterfront seafood restaurant. The building elements previously discussed and the
appearance siding through the use of scored stucco, hardiboard trim,
porthole/nautical type windows and louvers, and gooseneck light fixtures, help
further the theme. According to the elevations and materials board, the main body
color of the restaurant would be a dark beige: "French Toast" (Dryvit 400). The
secondary body color would be a medium beige: "Sandlewood Beige" and the
trim/accent color is proposed as white. The stone veneer at the base of the
building would be a light tan: "Buffstone".
Signage: The master developer is working on a Sign Program for the entire development.
The review of all signage for this project will be based upon the regulations
contained within that final document. The elevation pages (Sheet A2.0 & A2.1)
depict the proposed location of the wall signs on the building (south, east and west
elevations, centered on the decorative gable roof ends and building entry). The
main entry sign would consist of white letters on a blue background with a red
lobster perched on top. The signs on the east and west elevations are proposed
with red channel letters centered on the decorative gable roof ends.
A key component of the Sign Program for Boynton Town Center Is the sharing of
monument sign space between tenants of the outlots, to minimize overall signage
for the center. Tenant monument sIgns are intended to be located between outlot
parcels, total approximately 40 square feet (5 foot tall X 8 feet In length), be
uniform In design and match the architectural characteristic and theme of the other
Staff Report - Red Lobster Restaurant (NWSP 06-018)
Memorandum No PZ 06-140
Page 5
site signage for the total project. In this particular case, the restaurant would share
the monument sign space with the tenant of Outlot #4 to the north. All site
signage, as noted earlier, will be subject to the Sign Program for the entire
center(see Exhibit "C" - Conditions of Approval).
RECOMMENDATION
The Technical Application Review Team (TART) has reviewed this request for new site plan approval and
recommends approval contingent upon 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\Red Lobster\Staff Report.doc
...
1 in. = 135.8 feet
Red Lobster
Exhibit A
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EXHIBIT "C"
Conditions of Approval
Project name: Red Lobster
File number: NWSP 06-018
Reference: 2nd review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning date stamp
marking.
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
-
PUBLIC WORKS- Traffic
Comments:
1. Construction of this proj ect IS contingent on construction of off-site X
improvements In accordance with the Palm Beach County Traffic
Concurrency notice dated February 1,2005.
2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section II.J); X
include a pavement message in yellow indicating "No Parking - Loading
Zone". See City Standard Drawings "K" Series for striping details,
UTILITIES
Cormnents:
3. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by Insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever
5. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
6. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
7. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviewed at the time of construction permit application.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
FIRE
Comments: None X
}>OLICE
Comments: None X
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at pennit review.
10. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
11. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
12. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
13. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 503 of the 2004
FBC.
14. General area modifications to buildings shall be in accordance with 2004 X
FBC, Section 506. Provide calculations verifying compliance with the
above code sections and the 2004 FBC, Table 503.
15. Buildings, structures and parts thereof shall be designed to withstand the X
DEPARTMENTS
mmImum wind loads of 140 mph. \Viml forces on every building or
structure shall bc detennined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered m the state of
Florida shall be submitted for revicw at the time of pCDllit application.
16.
- - - ,- ~~
At time of pemlit reVIew, submIt sIgned and scaled workmg drawmgs of thJ
proposed constructIOn.
- - - -
CBBCPP 3.C.3.4 requires the conservation of potable water. City water may
not, therefore, be used for landscape irrigation wherc other sources are
readily available.
A water-use permit from SFWMD is required for an irrigation system that
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
17.
18.
19.
If capital facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
20. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. For purposes of setting up property and ownership 111 the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time of permit review.
21. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
22. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
23. Show the proposed site lighting on the site and landscape plans. (LDR, X
Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your
TART plan submittals.
24. Submit calculations for the area modifications shown on Sheet A1.0 to X
ensure compliance with 2004 FBC, Table 503 and Section 506.
P ARKS AND RECREATION
Comments:
INCLUDE TREJEel]
xi
x~~t~ --
X
X
"~
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
25. Indicate the percentage of native species. Must be a minimum of 50%.
FORESTER/ENVIRONMENT ALIST
Comments:
26. Plant List- Sheet LA-t. LA-2
All shade and palm trees must be listed in the description as a minimum of
12-14 feet in height, three (3) inches DBH (4.5 feet off the ground) and
Florida #1 (Florida Grades and Standards manual). The height of the trees
may be larger than 12-14 feet to meet the three (3) diameter requirement.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.]
27. The shrub and groundcover planting detail should include a line indicating
where the height and spread of the shrubs and groundcover plants will be
measured at time of planting and inspection.
28. All shrubs and groundcover plants should have a height and spread
dimension.
29. Trees should have separate irrigation bubblers to provide water directly to
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
30. All shrubs and hedges are required to be at minimum 24 inches in height,
24 inches in spread, and planted with tip-to-tip spacing measured
immediately after planting to adequately cover the planted areas on the site
(Chapter 7.5, Article II, Section 5.C.4.).
II 31. Staff recommends additional and larger landscape material along all
elevations, to include a greater number of taller shrub specimens and trees.
32. No detail for a monument sign or proposed location has been provided.
Please provide a detail of the sign area, including the dimensions, exterior
finish, and letter color(s) (Chapter 4, Section 7.D.). The Master Developer
has created a typical monument sign, to be shared with the abutting out-
parcel. A sign easement for the shared monument will be required. All site
and building signage will be subject to the Sign Program for the entire
center.
33. Please provide, in tabular form, a breakdown of sign calculations for all
signage for the entire site, depicting the code requirement and that being
proposed, indicating; compliance with all code requirements.
34. No C.O. (Certificate of Occupancy) will be issued for this particular parcel
until all required landscaping has been installed, inspected an finaled, as
well as all depicted sidewalks.
35. It is the applicant's responsibility to ensure that the new site plan is publicly
advertised in accordance with Ordinance 04-007.
I DEPARTMENTS I INCLUDE I REJECT I
36. The applicant is responsible for compliance with Ordinance 05-060, the
"Art in Public Places" program and has demonstrated their participation
through the submittal of the Public Art Information Form. Associated Art
fees are due at time of permitting.
37. All equipment located on the building shall be painted to match the wall
where attached.
38. If for any reason, potable water use becomes necessary, the use of drought
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conservation desijOls (such as a drip system), where possible.
39. Construction of this project may only proceed with the initiation of the
necessary road improvements triggered by the number of external PM peak
hour trips noted in the Bovnton Village & Town Center development order.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S :\Planning\SHARED\ WP\PROJECTS\Red Lobster\NWSP 06-Ol8\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Red Lobster
APPLICANT'S AGENT:
Linda Nunn
APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2006
TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for 7,040 square foot "Red
Lobster" restaurant in the C-3 (Community Commercial) zoning
district.
LOCATION OF PROPERTY: Approximately 450 feet north of the northeast corner of Old
Boynton Road and Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" A IT ACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Red Lobster\NWSP 06-018\DO.doc
Meeting Minutes
Planning & Development Board
B~y~tf?!l_~e.()_ch,_Flo..~da _..__
July _2~,_2Q!!6
Mr. Gerlica indicated that was acceptable, and Mr. Casaine and Vice Chair Hay agreed also.
Chair Wische asked for a roll call vote. The motion to approve passed 3-2, Mr. Saberson and
Ms. Jaskiewicz dissenting.
Ms. Jaskiewicz inquired of the Chairman why the board had not voted to move the Red Lobster
and Smoky Bones items to precede the Quantum Park issue. Chair Wische remarked no one
had brought it up during agenda approval. Mr. Casaine thought the board should make a
motion about that.
B. New Site Plan
Description:
Red lobster (06-018)
Linda Nunn
GMRI, Inc. (Neil Terwilliger)
Out Lot #3 at Boynton Town Center,
Approximately 450 feet north of the
northeast corner of Congress
Avenue and Old Boynton Road.
Request for New Sit Plan approval to
construct a 7,010 square foot
restaurant and related site
improvements on Out Lot #3 of the
Boynton Town Center site.
1.
Project :
Agent:
Owner:
Location:
Chair Wische asked if the applicant was in agreement with all 39 conditions of approval.
Linda Nunn, 1807 South Indian River Drive, Ft. Pierce, Florida 34950, responded they
were in agreement with all the conditions of approval.
Ed Breese, Principal Planner, declared he was pleased with the proposed project.
Chair Wische opened the floor for public comment and closed it when no one came forward.
Vice Chair Hay asked when the estimated opening date would be. Ms. Nunn responded if
approved, construction would begin late winter 2006 to early spring of 2007.
Motion
Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 7,010
square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town
Center site. Ms. Jaskiewicz seconded the motion that passed 5-0.
C. New Site Plan
1.
Project:
Agent:
Owner:
Smokey Bones (NWSP 06-019)
Linda Nunn
GMRI, INC. (Neil Terwilliger)
23
Sap 15 06 02:05p
Linda Nunn
n2-59~5433
p.3
NUNNC01 INC.
~~
~to
Uncia D. Nunn
Re. Red lobster (NWSP 06-018)
September 15. 2006
Mr. Ed Breese
City of Boynton Beach Planning Department
Dear Mr. Breese,
As authorized agent for GMRI, Inc and Sembler Family Partnership #35, I have been asked to
respectfully request that the Proposed Red Lobster on Out lot 3 of the Boynton Town Centre
project be withdrawn from the upcoming City Commission Agenda on September 19, 2006. I
would ask that it instead be placed on the agenda for the first meeting in October to alow time for
~vaJuation of certain items. Please contact me should you have any questions or need any
further information at this time.
Sincerely,
Unda D. Nunn
Authorized Agent
U')
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1807 SO. INDIAN RIVER DR. . FT. PIERCE. Fl . 34950
PHONE: 772-595-3717 . FAX; 772-595-5433
VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 ONoon) 0 November 8, 2006 October 16, 2006 (Noon)
[8] September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
[8] Public Hearing 0
RECOMMENDATION: Please maintain this request on the September 19,2006 City Connnission Agenda under
Public Hearing. The applicant requested that the subject item be tabled at the August 15,2006 Connnission meeting, to
allow for consideration of design changes, and brought before the City Connnission on September 19, 2006. For further
details pertaining to the request, see attached Department Memorandum No. 06-139.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Smokey Bones (NWSP 06-019)
Linda Nunn
GMRI, Inc.(Neil Terwilliger)
Out lot #1 @Boynton Town Center, northeast comer of Congress Avenue and Old
Boynton Road
Request for New Site Plan Approval to construct a 6,436 square foot restaurant and
related site improvements on Out Lot #1 of the Boynton Town Center site.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES.
Assistant to City Manager
z()~~
Planning and Zo g rrector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Srnokey Bones\Agenda Item Request Smokey Bones NWSP 06-019 9-l9-06.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-139
STAFF REPORT
TO:
Chair and Members of the Planning and Development Board
and City Commission
'MOL
Michael Rumpf
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
July 5, 2006
PROJEcr NAME/NO:
Smokey Bones Restaurant / NWSP 06-019
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
1950 Congress Avenue, LLC
Applicant:
Neil Terwilliger of GMRI, Inc.
location:
Northeast corner of Old Boynton Road and Congress Avenue
(see Exhibit "A" - Location Map)
Existing land Use/Zoning:
Local Retail Commercial (LRC)/Community Commercial (C-3)
Proposed land Use/Zoning:
No change
Proposed Use:
Request new site plan approval to construct a 6,436 square foot
restaurant and related site improvements on Outlot #1 of the
approved Boynton Town Center project
Acreage:
72,309.60 square feet (1.66-acres)
Adjacent Uses:
North:
Undeveloped Outlot #2 of Boynton Town Center with a Local Retail Commercial
(LRC) land use designation, zoned Community Commercial (C-3);
South:
Right-of-way for Old Boynton Road, farther south developed commercial (Oakwood
Square) with a Local Retail Commercial (LRC) land use designation, zoned
Community Commercial (C-3);
East:
Undeveloped commercial property (proposed Target site) with a Local Retail
Commercial (lRC) land use designation, zoned Community Commercial (C-3); and
Staff Report - Smokey Bones Restaurant (NWSP 06-019)
Memorandum No PZ 06-139
Page 2
West: Right-of-way for Congress Avenue, further west is developed commercial (Longhorn
Steakhouse & Hops Restaurant) with a Local Retail Commercial (LRC) land use
designation, zoned Community Commercial (C-3);
Site Characteristic: According to the survey, the subject site is currently vacant, and approximately 275
feet deep and 260 feet wide. The subject parcel is one of the outlots associated
with The Boynton Town Center (Outlot #1). It is the first parcel along Congress
Avenue north of Old Boynton Road, fronting the proposed Target bUilding.
Proposal:
Concurrency:
Traffic:
Utilities:
BACKGROUND
Unda Nunn, representing 1950 Congress Avenue, LLC and GMRI, Inc., is
requesting site plan approval for the construction of a 6,436 square foot restaurant
on the 1.66-acre parcel. Outlot #1 is one of four (4) parcels fronting on Congress
Avenue with Community Commercial (C-3) zoning as part of the approximately 25-
acre site located at the NE comer of Congress Avenue and Old Boynton Road. The
overall site plan for Boynton Town Center was approved by the Oty Commission on
September 20, 2005, and while It depicted the outlots, the in-depth detail for each
of the parcels was to be provided in the submittal of separate site plan applications
for each. As such, Smokey Bones, along with Red Lobster, are the second and third
of the lots respectively to submit for review, following last month's review of RBC
Centura Bank.
ANALYSIS
A traffic statement for the entire Boynton Town Center and Village project was sent
to the Palm Beach County Traffic Division for concurrency review in order to ensure
an adequate level of service. In a response dated February 1, 2005 , Palm Beach
County Traffic Division determIned that the project meets the Traffic Performance
Standards, with conditions limiting the number of new PM peak hour external trips
that could be generated by any new construction and linking them to required
roadway improvements. Therefore, a monitoring matrix has been created between
the Oty and the master developers traffic engineer to assist in the Issuance of
building permits for the various phases, to ensure compliance with the overall
development order. Additionally, a CRALLS (Constrained Roadway At Lower Level
of Service) designation for various roadway linkages was adopted by Palm Beach
County whIch recognized the difficulty of certain Intersection Improvements (I.e.
additional turn lanes for certain turning movements at Old Boynton Road and
Congress Avenue). As stated earlier, construction of this component of the project
may only proceed with the initiation of the necessary road Improvements noted In
the Boynton Village & Town Center development order(see Exhibit "c" - Conditions
of Approval).
The Oty's water capacity, as Increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County UtIlities, would meet the
projected potable water for this project. local pIpIng and Infrastructure
Improvements may be required, especially on the water delivery system for the
Staff Report - Smokey Bones Restaurant (NWSP 06-019)
Memorandum No PZ 06-139
Page 3
project, depending on the final project configuration and fire-flow demands. These
local Improvements would be the responsibility of the site developer and would be
reviewed at the time of permitting. Sufficient sanitary sewer and wastewater
treatment capacity is also currently available to serve the project. The applicant
has already paid the capacity reservation fee for the entire master development.
Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
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: School concurrency is not required for this type of project.
Driveways: The site plan (Sheet C3) shows that two (2) points of ingress/egress are proposed
for the restaurant outlot. One driveway opening would occur at the southeast
corner of the parcelr which would connect with one of the major north/south loop
drives within the parking lot for the Boynton Town Center project. A second point of
ingress/egress is proposed at the northwest corner of the parcel, and serves as a
cross-access drive with Outlot #2 to the north (proposed RBC Centura Bank).
Parking Facility: In the review of the master development for Boynton Town Center, parking was
calculated on the basis of a shopping center, due to the nature of the mixture of
uses proposed. According to the Land Development Regulations, shopping centers
require one (1) parking space per 200 square feet of gross floor area. The site plan
(Sheet 0) proposes a 6r436 square foot restaurant building, which would require
33 parking spaces. The site plan depicts 110 parking spaces, including five (5)
designated for handicap use. Therefore, there would be 77 excess parking spaces
provided. The master developer also entered into cross-access and cross-parking
agreementsr which provides for overflow parking in times of need.
All spaces, excluding the handicap spacesr would be dimensioned 9 feet - six (6)
inches in width and 18 feet - six (6) inches in length. All proposed parking stalls,
including the size and location of the handicap spaces were reviewed and approved
by both the Engineering Division and Building Division.
Landscaping:
The proposed open space or "pervious" area would be 19,744 square feet or
27.33% of the total outlot. The master plan for the entire Boynton Town Center
was approved with a 20 foot landscape buffer along both the west (Congress
Avenue) and south (Old Boynton Road) side of the projectr that Included Uve Oak
and Mahogany trees, Royal Palm trees, Cocoplum and Plumbago shrubs, among
others. These 20-foot landscape buffers are the master developer's responsibility
for Installation and maintenance, along with various other site Improvements, such
as sidewalks and roadways. As such, no Certificate of Occupancy (C.O.) wll/ be
Issued for Smokey Bones Restaurant without the Installation and final Inspection of
these common Improvements (see Exhibit "C" - Conditions of Approval). The other
Staff Report - Smokey Bones Restaurant (NWSP 06-019)
Memorandum No PZ 06-139
Page 4
two (2) buffers are also scheduled to be part of the master planting for the site and
Include Southern Red Cedar and Tibouchina trees, along with Dwarf Scarlet Bush,
Cocoplum and American Beauty Berry shrubs. According to the landscape plan
(L201), the applicant proposes to landscape around the parking areas and building
utilizing Weeping Bottlebrush, Longleaf Pine and Bald Cypress trees and Cocoplum,
American Beauty Berry and dwarf Yaupon Holly shrubs/groundcovers. A non-
potable water source will be required for irrigation purposes.
Building and Site: The building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. Architectural style,
building materials and colors for all buildings proposed within Boynton Town Center
were submitted and approved as part of the overall master plan. The Smokey
Bones Restaurant is designed as a one (1 )-story structure, with an elevated
entry/lobby area to proVide mass in the architectural design of the building,
providing for a significant feature at the corner of this very visible intersection. The
elevations (Sheets A4.1 & A4.2) indicate the ridge of the typical hip roof at 25 feet
- 3 inches in height and 41 feet - 5 inches in height at the entry/lObby, below the
maximum of 45 feet allowed in the C-3 zoning district.
Design: As noted above, architectural style, building materials and colors for all buildings
proposed within Boynton Town Center were submitted and approved as part of the
overall master plan. The applicant proposes to incorporate design elements from
the approved materials and color palette. The elevations show that the hip roof
would be constructed of standing seam metal, dark bronze in color. The building
also contains manufactured stone elements on certain columns as well as the
chimney and a stone veneer base around the entire structure. The
identity/corporate image of this restaurant chain Is that of a lodge In the
northwestern area of the United States. The building elements previously discussed
and the use of heavy timbers in the roof design on two facades carry through this
theme. According to the elevations and materials board, the main body color of the
restaurant would be a dark beige: "French Toast" (Dryvit 400). The trim/accent
color is proposed as an off-white: "Cotton" (Dryvit 442). The stone veneer at the
base of the building would be a light tan: "Sandstone".
Signage: The master developer is working on a Sign Program for the entire development.
The review of all slgnage for this project will be based upon the regulations
contained within that final document. The elevation page (Sheet A4.1) shows the
proposed location of the wall signs on the building (south and west elevations,
centered on the decorative gable roof ends). The Signs would have red channel
letters above the emerald green forest logo on yellow baCkground.
A key component of the Sign Program for Boynton Town Center Is the sharing of
monument sign space between tenants of the outlots, to minimize overall slgnage
for the center. Tenant monument signs are Intended to be located between outlot
parcels, total approximately 40 square feet (5 foot tall X 8 feet In length), be
uniform In design and match the architectural characteristic and theme of the other
site slgnage for the total project. In this particular ease, the restaurant would share
the monument sign space with the tenant of Outlot #2 to the north (RBC Centura
staff Report - Smokey Bones Restaurant (NWSP 06-019)
Memorandum No PZ 06-139
Page 5
Bank). All site signage, as noted earlier, will be subject to the Sign Program for the
entire center(see Exhibit "C" - Conditions of Approval).
RECOMMENDATION
The Technical Application Review Team (TART) has reviewed this request for new site plan approval and
recommends approval contingent upon 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\Smokey Bones\Staff Report.doc
T
1 in. = 135.8 feet
Smokey Bones Exhibit A
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EXHIBIT "(~"
Conditions of Approval
Project name: Smokey Bones
File number: NWSP 06-019
Reference: 2nd review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning date stamp
marking.
I DEI> ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
. ~
PUBLIC WORKS- Traffic
Comments:
1. Construction of this project IS contingent on construction of off-site X
improvements 111 accordance with the Palm Beach County Traffic
Concurrency notice dated February 1,2005.
2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section 11.J): X
include a pavement message in yellow indicating "No ParlOng - Loading
Zone". See City Standard Drawings "K" Series for striping details. To be
provided at time of permitting.
.. -. . -.---_-...0 '" -- .~~
UTILITIES
Comments:
3. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12). As a
general rule, restaurants require this approval to insure that grease traps are
properly designed.
4. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.rn. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by msurance undenvriters,
whichever is greater (CODE, Section 26-16(b)).
5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
6. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
7. Utility construction details will not be reviewed for construction X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviev,'ed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at pennit review.
10. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
pennitting.
11. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction pennit application.
BUILDING DIVISION
Comments:
12. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 503 of the 2004
FBe.
13. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
Structure shall be detennined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
I - -. ~- -- T .. . . . . cr====c=]
DEP ARTI\1ENTS .1 INCLUDE I REJECIJ
are signed and scaled by a design professional registered in the state of I I ~~
I
Florida shall be submitted for review at the time of permit application I
14. At time of permit review, submit signed and sealed working drawings of the X
proposed construction. -"~I
- ,,- I .-
15. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the J i
pem1it shall be submitted at the time of permit application, F.S. 373.216. -~-_""c=
16. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building pennit application:
y The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
y The total amount paid and itemized into how much is for water
and how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
17. At time of permit review, submit separate surveys of each lot, parcel, or X
tra c1. For purposes of setting up property and ownership 111 the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time ofpennit review.
18. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVlew at the time of pennit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
19. The full address of the project shall be submitted with the construction X
documents at the time of pennit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building pennit application at the time of application submittal.
20. A section of the bar counter shall comply with the 2004 FBC, Section 11- X
5.2.
21. The construction documents shall be routed to the Florida Department of X
Business and Professional Regulation (DBPR) for review and approval prior
to submittal to the Building Division. The DBPR can be contacted at 850-
487-1395.
PARKS AND RECREATION
Comments:
22. Trees must be a minimum of 12 foot to 14 foot with a three (3) inch X
diameter at DBH.
FORESTER/ENVIRONMENT ALIST
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
Comments:
Plant Schedule Sheet L201.L202 X
23. All shade trees must be listed in the description as a minimum of 12-14 feet
in height, three (3) inch DBH (4.5' off the ground) not caliper, and Florida
#1 (Florida Grades and Standards manual). The height of the trees may be
larger than 12-14 feet to meet the three (3) inch diameter requirement; or
any clear trunk specifications. [Environmental Regulations, Chapter 7.5,
Article II Sec. 5.C. 2.]
24. Tree species listed on the Palm Beach County "prohibited plant species' list X
cannot be used on the site. [Environmental Regulations, Chapter 7.5,
Article II Sec. 5.C. 2.]
25. The applicant should add a note on Sheet L20 I that all utility boxes or X
structures (not currently known or shown on the plan) should be screened
with Coco plum hedge plants on three sides.
26. The applicant should add a note on Sheet L20 I the no Cypress mulch may X
be used on the site.
27. The applicant should show the 50% native species calculations for each of X
the categories of trees, shrubs and groundcovers/.
28. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
29. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
30. Staff recommends additional and larger landscape material along the north X
elevation, and include a greater number of taller shrub specimens and trees
along the west and south elevations.
31. Full size trees, a minimum of 12-14 feet tall, with a minimum 3" caliper X
dbh, must be planted every 30 feet in perimeter landscape around parking
lots.
32. No detail for a monument sign or proposed location has been provided. X
Please provide a detail of the sign area, including the dimensions, exterior
finish, and letter color(s) (Chapter 4, Section 7.D.).The Master Developer
has created a typical monument sign, to be shared with the abutting out-
parcel. A sign easement for the shared monument will be required. All site
and buildin~ signagewill be subiect to the Sign Prom-am for the entire center
33. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X
until all required landscaping has been installed, inspected and final ed, as
well as all depicted sidewalks.
34. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
35.
-,
The app Ii cant " ccspom:::P ~,:~:'::: ~::e w. th (M oance 05060, the i I Nt IXl! D F ~ R EJ:~~Tll
"Art in Public Places" program and has demonstrated their partIcipation i
through the submittal of the Public Art Information Form. Associated A11
fees are due at time of permitting.
All ground equipment shall be adequately screened on at least 3 sides with
hedge material.
All equipment located on the huilding shall be painted to match the wall
where attached.
If for any reason, potable water use becomes necessary. the use of drought
tolerant plant species (per the South Florida Water Management District
Manual) shall he maximized and the inigation system should have water
conservation designs (such as a drip system), where possible.
Construction of this project may only proceed with the initiation of the
necessary road improvements triggered by the number of external PM peak
hour trips noted in the Boynton Village & Town Center development order.
36.
x
37,
x
Ji
38.
x
39,
x
ADDITIONAL PLANNING & DEVEI~()PMENT BOARD CONDITIONS
Comments:
'.~
1. None
l-=x ,
~--~~~
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
II. To be detennmed.
S:\Planning\SHAREDlWP\PROJECTS\Srnokey Bones\NWSP 06-0 19\COA,doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Smokey Bones
APPLICANT'S AGENT:
Linda Nunn
APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2006
TYPE OF RELIEF SOUGHT: Request New Site Plan Approval for a 6.436 square foot "Smokey
Bones" restaurant in the C-3 (Community Commercial) zoning district.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\PlanningISHARED\WPIPROJECTS\Smokey Bones\NWSP 06-019IDO.doc
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
n__~~1y~5, 2_~~~n
- ~-_._~--_._--,----_.~-_.----_..._-----
Mr. Gerlica indicated that was acceptable, and Mr. Casaine and Vice Chair Hay agreed also.
Chair Wische asked for a roll call vote. The motion to approve passed 3-2, Mr. Saberson and
Ms. Jaskiewicz dissenting.
Ms. Jaskiewicz inquired of the Chairman why the board had not voted to move the Red Lobster
and Smoky Bones items to precede the Quantum Park issue. Chair Wische remarked no one
had brought it up during agenda approval. Mr. Casaine thought the board should make a
motion about that.
B. New Site Plan
Description:
Red Lobster (06-018)
Linda Nunn
GMRI, Inc. (Neil Terwilliger)
Out Lot #3 at Boynton Town Center,
Approximately 450 feet north of the
northeast corner of Congress
Avenue and Old Boynton Road.
Request for New Sit Plan approval to
construct a 7,010 square foot
restaurant and related site
improvements on Out Lot #3 of the
Boynton Town Center site.
1.
Project:
Agent:
Owner:
Location:
Chair Wische asked if the applicant was in agreement with all 39 conditions of approval.
Linda Nunn, 1807 South Indian River Drive, Ft. Pierce, Florida 34950, responded they
were in agreement with all the conditions of approval.
Ed Breese, Principal Planner, declared he was pleased with the proposed project.
Chair Wische opened the floor for public comment and closed it when no one came forward.
Vice Chair Hay asked when the estimated opening date would be. Ms. Nunn responded if
approved, construction would begin late winter 2006 to early spring of 2007.
Motion
Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 7,010
square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town
Center site. Ms. Jaskiewicz seconded the motion that passed 5-0.
C. New Site Plan
1.
Project:
Agent:
Owner:
Smokey Bones {NWSP 06-019}
Linda Nunn
GMRI, INC. (Neil Terwilliger)
23
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
July 25, 2006
Description:
Out Lot #1 at Boynton Town Center,
northeast corner of Congress
Avenue and Old Boynton Road
Request for New Site Plan approval
to construct a 6,436 square foot
restaurant and related site
improvements on Out Lot # 1 of the
Boynton Town Center site.
Location:
Chair Wische asked Ms. Nunn if the applicant was in agreement with all of the conditions of
approval, and Ms. Nunn responded they were in agreement with all conditions of approval. She
added that the same company owned Red Lobster and Smokey Bones.
Chair Wische opened the floor for public comment, closing it when no one came forward.
Ms. Nunn responded the opening date of Smokey Bones would most likely coincide with that of
Red Lobster.
Motion
Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 6,436
square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town
Center site. Ms. Jaskiewicz seconded the motion that passed 5-0.
VIII. Other
Not addressed.
IX. Comments by Members
Not addressed.
X. Adjournment
Since there was no further business before the board, the meeting was duly adjourned at 9:30
p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(072606)
24
NUNNCO, INC.
~~
~ '/)(~
p;1i12j
Unda D. Nunn
Re. Smokey Bones (NWSP 06-019
September 15, 2006
Mr. Ed Breese
City of Boynton Beach Planning Department
Dear Mr. Breese
As authorized agent for GMRI, Inc and Sembler Family Partnership tl35. I have been asked to
respectfully request that the proposed Smokey Bones on Out Lot 1 of the Boynton Town Centre
project be withdrawn from the upcoming City Commission Agenda on September 19, 2006. I
would ask that it instead be placed on the agenda for the first meeting in October to allow time for
re-evaluatlon of certain items. Please contact me should you have any ques6ens or need any
further infonnalion at this time.
Sincerely,
Linda D. Nunn
Authorized Agent
1807 SO. INDIAN RIVER DR. · FT. PIERCE, FL · 34950
PHONE: 712-595-3717 · FAX: 712-595-5433
VIII.-PUBLIC HEARING
ITEM C.
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 August I, 2006 July 1 7,2006 (Noon.) 0
0 August 15,2006 July 31, 2006 (Noon) 0
0 September 6, 2006 August 14,2006 (Noon) 0
[8] September 19, 2006 September 5,2006 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meetinl!: Dates in to City Clerk's Office
October 3, 2006 September 18,2006 (Noon)
October 17,2006 October 2, 2006 (Noon)
Novernber 8, 2006
C)
October 16, 2006 (Noon)
;'--)-4
November 2 l, 2006
-"T"'n
November 6, 2006 (NoOh~
C)
-, .,
.-
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(..-.J 'i.~
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
[8] Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfmished Business
o
]:~-:}
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RECOMMENDATION: Please place this request on the September 19,2006 City Commission Agenda under
Public Hearing. The Planning and Development Board, on August 22, 2006, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department Memorandum No. 06-151.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Boynton Village Condo Parcel-WR 1 (COUS 06-007)
Carl Klepper, Compson & Associates
1950 Congress Avenue LLC
Northeast comer of Old Boynton road and Congress A venue, just south of the Boynton
C- I 6 Canal
Request for conditional use I major site plan modification approval to increase
maximum building height from 65 feet - 1 inch to 75 feet by the addition of a sixth
(6) floor to the previously approved five story condominium buildings, including an
increase in total condominium units from 376 to 440 units (64 additional units) on
an 8.968-acre portion of the 106.5-acre Boynton Village and Town Center site.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNATIVES:
2(~ ~ A"i"m' to City Mmagcr
Planning and Zo g Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I \Boynton Village Parcel 4 & 5 Condos NWSP 05-019\COUS 06-
007\Agenda Item Request Boynton Village Condo Parcel 4 COUS 06-007 9- 1 9-06.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-151
FROM:
Chair and Members
Planning & Development Board
Michael Rum~
Planning & Zoning Director
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
July 27, 2006
PROJECT:
Boynton Village Condominiums Parcels 4 (WR 1)
COUS 06 - 007
REQUEST:
Request for conditional use / major site plan modification approval to
increase maximum building height from 65 feet - 1 inch to 75 feet by the
addition of a sixth (6) floor to the previously approved five story
condominium buildings including an increase in total condominium units
from 376 to 440 units, (64 additional units) on an 8.g68-acre portion of the
106.5-acre Boynton Village and Town Center site.
PROJECT DESCRIPTION
Property Owner:
1950 Congress Ave LLC
)
Applicant: WR 1, LLC
Agent: Carl Klepper, Compson & Associates
Location: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the Boynton (C-16) Canal (see Location Map - Exhibit "A")
Existing Land Use: Mixed Use Suburban (MX-S)
Existing Zoning: Suburban Mixed Use (SMU)
Proposed Use: 440 condominium units (Addition of 64 units over previous approval)
Acreage: 8.968 acre portion of the 106.5-acre parcel
Adjacent Uses:
North:
Undeveloped land proposed for townhomes within the Boynton Village
and Town Center Master Plan with a Suburban Mixed Use (MX-S) land
Boynton Village Condominiums Parcels 4 COUS 06-007
Page 2
Memorandum No. PZ 06-151
South:
East:
West:
use classification, zoned Suburban Mixed Use (SMU), then farther
north is right-of-way for the Boynton (C-16) Canal, and still farther
north is Phase I of the Renaissance Commons mixed use project.
Undeveloped land proposed for mixed use development within the
Boynton Village and Town Center Master Plan with a Suburban Mixed
Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU),
then farther south is right-of-way for Old Boynton Road, and still
farther south is developed commercial property (Oakwood Shopping
Center), with a Local Retail Commercial (LRC) land use classification,
zoned Community Commercial (C-3);
Right-of-way for the proposed main north/south road within the
Boynton Village and Town Center Master Plan, then farther east is
vacant land proposed for townhomes and condominiums within the
Boynton Village and Town Center Master Plan, farther east is the right-
of-way of the LWDD E-4 Canal, and still farther east is developed
single family residential (Sky Lake) with an Low Density Residential
(LDR) land use classification, zoned Single Family Residential (R-1-AA);
and
Undeveloped land proposed for commercial use within the Boynton
Village and Town Center Master Plan with a Suburban Mixed Use (MX-
S) land use classification, zoned Suburban Mixed Use (SMU), then
farther west is right-of-way for Congress Avenue, still farther west is
developed commercial property (Boynton Beach Mall).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use 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.
BACKGROUND
The subject site is the location of former pastureland (Winchester Property), currently undergoing site
and infrastructure improvements as the approved Boynton Village and Town Center master planned
project. On February 15, 2005 the City Commission approved the applicant's request for a change to the
land use and to rezone (LUAR 04-006) 81.814 acres of the property from Single Family Residential (R-1-
AA) to Suburban Mixed-Use (SMU) and also 25 acres at the southwest corner of the parcel (LUAR 04-
007) from Single Family Residential (R-1-AA) to Community Commercial (C-3). On September 20, 2005,
the City Commission approved the Conditional Use / New Site Plan application for the five (5) story
condominium buildings containing 376 dwelling units that are the subject of this request.
WR 1, LLC is now seeking Conditional Use / Major Site Plan Modification approval to add a sixth (6) floor
to the previously approved five story condominium buildings and relocate 64 dwelling units originally
approved in the Main Street portion of Boynton Village to be combined with the 376 condominium units,
for a total of 440 units. The SMU zoning district requires Conditional Use approval for buildings proposed
Boynton Village Condominiums Parcels 4 COUS 06-007
Page 3
Memorandum No. PZ 06-151
over 55 feet in height. Therefore, the addition of a sixth floor requires a new Conditional Use approval
because the previous approval was for buildings 65 feet - 1 inch in height. The proposed Conditional
Use / Major Site Plan Modification depicts the condominium buildings at a height of 75 feet, the
maximum height allowed in the Suburban Mixed Use (SMU) zoning district.
CONCURRENCY
The Master Plan for the entire 106.5 acres has previously been approved by the Utilities Department for
potable water and sanitary sewer. Palm Beach County School District approved the Master Plan for
1,120 dwelling units. The City previously received a letter from Palm Beach County Traffic Engineering
indicating that the entire Master Plan for Boynton Village and Town Center meets the traffic performance
standards, with a series of conditions which limit or time aspects of the development with certain
roadway improvements (see "Exhibit C" - Conditions of Approval). Since the 64 dwelling units do not
represent an increase in project size, but rather are being relocated within the same project, there are
no additional traffic impacts
The Engineering Division of Public Works reviewed the drainage plans to ensure compliance with all
applicable codes and regulations regarding legal positive outfall. The conceptual plans submitted herein,
are acceptable to the Engineering Division but as per staff policy, a more detailed version would be
required at the time of permitting (see Exhibit "c" - Conditions of Approval). The Police and Fire
Departments note no additional impacts.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 1l.2.D 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.
The proposed addition of a sixth floor to the condominiums does not modify or impact the ingress or
egress associated with the project. As illustrated on the master plan, the condominiums would be
located in the northwest quadrant of the Boynton Village and Town Center development and vehicles
would enter from five (5) different points of ingress / egress. Two (2) points are proposed along
the major north/south road depicted on the master plan, which is intended to link Old Boynton Road
Boynton Village Condominiums Parcels 4 COUS 06-007
Page 4
Memorandum No. PZ 06-151
with Gateway Boulevard. The other three (3) point of ingress / egress are proposed on the west side
of the buildings, on one of the development's internal drive aisles. There are four (4) proposed
entrances that directly access the parking structures, one on the north and south side of each
structure. Lastly, there is one access point from the west that connects to Congress A venue. As
proposed, all entrances would allow for safe vehicular and pedestrian access into the condominium
building. The applicant states that ingress and egress for the project has been carefully planned to
provide exemplary pedestrian access throughout the site in a safe and convenient manner.
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.
One-bedroom apartment units require one and one-half (10) parking spaces. Two and three
bedroom apartment units require two (2) parking spaces each. The project, as requested in this
amendment, proposes four (4) condominium buildings consisting of a total of 84 one (1 )-bedroom
units, 296 two (2)-bedroom units, 60 three (3)-bedroom units, and a recreation area. Therefore, a
total of 843 parking spaces would be required. The Site Plan (Sheet SP-1) tabular data indicates that
852 spaces or an excess of 9 spaces would be provided. The vast majority of the approved parking
spaces are to be located inside the parking garages (730 spaces), while 122 spaces are designed as
off-street/surface parking.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
As originally approved, each of the four (4) buildings would have two (2) trash rooms proposed on
the ground floor. The refuse would be contained within a room screened from public view.
However, on trash pick-up day, each dumpster would be transported to a single designated area,
which is proposed at the north side of the northern buildings and at the south side of the southern
buildings. The plan shows that the trash trucks would have enough space to maneuver around to
pick up the containers because of a proposed 60-foot back up area. No trash trucks would have to
enter the parking garage. Staff reviewed the plans and determined that the number, location, and
orientation of the enclosures and the pick-up area are adequate for efficient trash removal.
However, the onus is on the property owner(s) in making sure that on trash pick-up days, the
dumpsters are transferred from their room to the "common trash pick-up area'~
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. Again, with simply the proposed relocation of 64
dwelling units already approved in the overall development, no changes or impacts are anticipated.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The Site Plan (Sheet SP-1) indicates that the pervious area for this condominium project (Parcel 4)
equals 2.976 acres or 33% of the site. The landscape material would consist of a large quantity of
shade trees, palm trees, and shrubs / groundcover. The Plant List (sheet L8 of 8) shows that the
shade trees would consist of the following species: Seagrape and Orange Geiger. The palm trees
would be comprised of the following species: Coconut, Alexander, Sabal, Florida Royal, Areca,
Montgomery, and Christmas palm trees. A note on the landscape plan indicates that 100% of the
Boynton Village Condominiums Parcels 4 COUS 06-007
Page 5
Memorandum No. PZ 06-151
shade trees/ 63% of the palm trees/ and 59% of the shrubs would be native. In order to lessen the
impact of the building height the landscape material proposed on the facades would include 24-foot
tall Royal palm trees/ 21 foot to 37 foot tall Coconut palm trees/ and 12 foot to 35 foot tall Sabal
palms. In genera~ the plans meet the above-referenced standard for screening/ buffering/ and
landscaping.
Relative to buffering these six (6) story structures from the single family residential community to
the east (Sky Lake)/ these buildings are in excess of 1/000 feet from any home and would have
intervening residential buildings with heights between 35 feet (proposed townhomes in the Cortina
portion of the Master Plan) and 65 feet (proposed condominium buildings on Parcel 3 of the Master
Plan). The Suburban Mixed Use (SMU) zoning district contains regulations establishing minimum
building setbacks through the use of a "Height Setback Envelope'~ These regulations are applicable
where the SMU development is adjacent to a developed single-family residential zoning district In
such instances/ the minimum setback shall be three (3) times the building height and shall be
measured from the common boundary of the SMU and the single family residential zoning district or
the midpoint of any intervening right-of-way. The tallest element of the condominium buildings is the
top of the roof over the stair tower, measuring 75 feet in height. Using the "Height Setback
Envelope/; three (3) times 75 feet equals a minimum required setback dimension of 225 feet and as
mentioned previous/~ the condominium buildings on Parcel 4 are proposed at a distance of over
1/000 feet from the single family residential homes to the east (Sky Lake).
Additionall~ buildings in excess of 55 feet in height must be internal to the project such as
separated from adjacent single family neighborhoods (Sky Lake) and arterial roadways (Congress
Avenue) by another project building equal to or less than 55 feet in height. This is to be
accomplished to the east by the separation of the condominiums from Sky Lake by the approved 35
foot tall townhomes in the Cortina portion of the Master Plan/ and to the west by the proposed
construction of 35 foot tall outparcel buildings along Congress A venue in the Boynton Village portion
of the Master Plan.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
Two (2) monument signs are proposed for the proposed condominiums. The site plan (sheet SP-1)
shows that the signs would be located at the main entrance/ on the east and west sides of the
buildings. The detail of the monument signs shows that the wall would be six (6) feet in height and
have pilaster caps on top of each column. The top of the sign would reach as high as seven (7) feet
in height The actual face of each sign would have six (6) to eight (8) inch brass letters and a
decorative brass logo.
The exterior lighting levels proposed on the photometric plans have been reviewed and approved by
staff. The proposed lighting levels would not produce glare and cause unsafe driving conditions in or
around the development. The applicant states that the ''signs and all exterior lighting have been
designed to direct their lighting pattern in a manner to achieve maximum coverage while being
compatible and harmonious with adjacent properties'~ Staff concurs.
7. Required setbacks and other open spaces.
Boynton Village Condominiums Parcels 4 COUS 06-007
Page 6
Memorandum No. PZ 06-151
considered "all other uses" in the SMU zoning district as it relates to usable open space. The useable
open space requirement for multi-family dwellings is 20%/ with the condition that up to 50% of the
usable open space may be hardscaped plazas and public gathering places. The tabular data for the
Master Useable Open Space Plan (sheet MaS) indicates that the condominium buildings would
require 1.675 acres of useable open space/ while 2.98 acre~ or 33.2% is provided. The useable open
space is provided through the green areas around the buildings/ the clubhouse/recreation building
and surrounding grounds/ and the four (4) courtyards which consist of landscaped garden areas and
pool amenities.
The SMU zoning district has a provision allowing heights of buildings to exceed 45 feet However,
those buildings must adhere to the "height setback envelope// limitation. The ''height setback
envelope" is applicable when the SMU development is directly adjacent to a developed single-family
residential zoning district. Basicall}j the setback would be the building height multiplied by three (3).
With the addition of a sixth floor, the buildings are now proposed to be 75 feet in height and
therefore/ a 225 foot setback would be required from the Sky Lake development to the east Scaling
of the site plan indicates the buildings would be setback over 1/000 feet from Sky Lake/ thus
complying with the requirements within the SMU zoning district.
8. General compatibility with adjacent property and other property in the zoning district.
The Master Plan for Boynton Village and Town Center allows for a greater integration of uses and a
more innovative design for the entire property. The SMU zoning district is compatible with the
Renaissance Commons project to the north and utilizes many of the same planning and design
concepts whereby the taller structures are located centrally within the development to keep the taller
and more intense structures away from the perimeter of the property. This portion of the project
mirrors the condominiums approved in Phase V of the Renaissance Commons development as to
height mass and design and separation from adjacent properties by roadways or canals.
Condominium buildings are an appropriate use for the mixed-use development contemplated for the
subject site and the SMU zoning district in general.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The SMU zoning district is appropriate for low to mid-rise developments that provide for medium
density residential uses. The district allows for a maximum building height of 55 feet and a
residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55
feet and 75 feet measured to the peak of the structure or any architectural details may be allowed
only for interior buildings/ if approved as a conditional use. These condominium buildings are
proposed six (6) stories tall, at 75 feet in overall height (top of the stairwell roof) and 67 feet - 6
inches at typical parapet roof level. The centralized placement within the master planned
development qualifies for conditional use review. The proposed building height would not exceed the
SMU zoning district's maximum height limitations and would be compatible in comparison with the
neighboring commercial and residential properties. The applicant states/ "The height of the
structures (75 feet) is located toward the center of the project to create a wedding cake approach to
height. This allows lower structures on the perimeter of the SMU zoning district to shield the higher
structures/ which would conform to the conditions and intent of the SMU zoning district. // Staff
agrees.
Boynton Village Condominiums Parcels 4 CO US 06-007
Page 7
Memorandum No. PZ 06-151
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The relocation of 64 dwelling units within the Master Plan is not anticipated to change the economic
effects of the project on adjacent and nearby properties/ or 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
buildings would exist in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach. The project would not create smoke/ odors/ fumes/ or
toxic matter that would negatively impact the neighboring properties.
RECOMMENDATION
Based on the discussions 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.
S:\Planning\SHARED\WP\PROJECfS\Boynton Village-Boynton Town Center 1\Boynton Village Parcel 4 & 5 Condos NWSP OS-019\COUS 06-
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Conditions of Approval
Project name: Boynton Village Parcel 4 (WR-l) Condominiums
File number: COUS 06-007
Reference: 2nd review plans identified as a Conditional Use with a July 25,2006 Planning & Zoning date stamp
marking.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12.) (COA
#4 - Development Order dated 9/23/05)
2. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)) (COA #5 - Development Order dated
9/23/05)
3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand. (COA #6 - Development Order dated
9/23/05) Note: Reservation fees have not yet been paid for Parcel 4.
Contact the Senior Engineer for reservation fee due.
4. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
5. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15. (COA #7
- Development Order dated 9/23/05)
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
6. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets. (COA #11 - Development Order dated
9/23/05)
7. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review. (COA #12
- Development Order dated 9/23/05)
8. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting. (COA #15 - Development Order dated 9/23/05)
9. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Constrnction Standards"
and will be reviewed at the time of construction permit application. (COA
#16 - Development Order dated 9/23/05)
BUILDING DIVISION
Comments:
10. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
11. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
DEP ARTMENTS
12.
Buildings three-stories or higher shall be equipped with an automatic
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
13.
At time of permit review, submit signed and sealed working drawings of
the proposed construction.
14.
At the time of permit review, submit details of reinforcement of walls for
the future installation of grab bars as required by the FFHA, Title 24 CFR,
Part 100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
15. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may
not, therefore, be used for landscape irrigation where other sources are
readily available.
IINCLlJDE I REJECTl
X
X
X
X
16. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
17. If capital facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
? The full name of the project as it appears on the Development Order and the
Commission-approved site plan.
? If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
? The number of dwelling units in each building.
? The number of bedrooms in each dwelling unit.
? The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
x
18. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
19. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
20. This structure meets the definition ofa threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2004 FBC, Sections 109.3.6.1 through 109.3.6.6. The following
information must be submitted at the time of permit application:
? The structural inspection plan must be submitted to the enforcing agency
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
prior to the issuance of a building permit for the construction of a threshold
building.
~ All shoring and re-shoring procedures, plans and details shall be submitted.
~ All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best of
the architect's or engineer's knowledge, the plans and specifications comply
with the applicable fire safety standards as determined by the local authority
in accordance with this section and F.S. Section 633.
21. Clearly indicate on the site plan the square footage of each floor of the X
residential structures and the garages.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
22. Correct sheet SP-l to correctly reflect 8 parking spaces as opposed to 10 at X
the SE corner of the surface parking and 7 spaces as opposed to 6 at the SW
corner.
23. The approval of the Conditional Use application is contingent upon X
satisfactory completion and approval of a minor site plan modification for
Boynton Village SMU Parcel 5, reducing the number of dwelling units by
64 total.
24. Construction of this project may only proceed with the initiation of the X
necessary road improvements triggered by the number of external PM peak
hour trips noted in the Boynton Village & Town Center development order.
25. If for any reason, potable water use becomes necessary, the use of drought X
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conservation designs (such as a drip system), where possible.
26. It is the applicant's responsibility to ensure that the conditional use/major X
site plan modification is publicly advertised in accordance with Ordinance
04-007.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I DEP ARTMENTS I INCLUDE I REJECT I
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I II
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Parcel 4 & 5 Condos NWSP 05-019\COUS 06-
007\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Boynton Village Parcel 4 (WR-1) Condominium
APPLICANT'S AGENT: Compson Associates, Inc.
APPLICANT'S ADDRESS: 980 North Federal Highway Suite 200 Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2006
TYPE OF RELIEF SOUGHT: Request for conditional use / major site plan modification approval to
add a sixth (6) floor to the previously approved five story condominium buildings and increase the
previously approved 376 condominium units by 64 for a total of 440 units, on an 8.968-acre portion of
the 106.5-acre Boynton Village and Town Center site.
LOCATION OF PROPERTY: North of Old Boynton Road; East of Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
TH IS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village Parcel 4 & 5 Condos NWSP
05-019\COUS 06-007\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 22, 2006
6. Old Business:
None.
7. New Business
A. Boynton Village Condo Parcel 4
Conditional Use
1. PROJECT: Boynton Village Condo Parcel 4 (WR 1) (COUS 06-007)
AGENT: Carl Klepper, Compson & Associates
OWNER: 1950 Congress Ave LLC
LOCATION: Northeast corner of Old Boynton Road and Congress
Avenue, just south of the SPWMD C-16 Canal
DESCRIPTION: Request for conditional use/major site plan modification
approval to increase maximum building height from 65'1"
to 75' by the addition of a sixth (6th) floor to the
previously approved five story condominium buildings,
including an increase in total condominium units from 376
to 440 units, (64 additional units) on an 8.968-acre portion
of the 106.5 acre Boynton Village and Town Center site.
Chair Wische read the request and noted staff recommended approval.
Mr. Breese gave an overview and general idea where the project was in the context of Boynton
Village and Town Center. He explained the request was to increase the height of the building
and transfer 64 of the dwelling units into the condominium building, basically adding a floor to
the building. There would also be an increase in the parking resulting in nine excess spaces.
One requirement of the conditional use was the height setback element of the Suburban Mixed-
Use (SMU) zoning district required the building placement to be set back three times the height
of the building, which would be 225'. The building was in excess of 1,000' from the Sky Lake
development to the east.
The units being transferred were included in the initial approval of the Main Street, Boynton
Village project, part of which had 80 condominium units located to the east. Sixteen units were
being incorporated to the Main Street retail/office building. The remaining 64 were being
transferred from Parcel 5 to Parcel 4 which would create a sixth floor to the condominium
building. The number of dwelling units per acre was not being exceeded. There were no
additional traffic impacts associated with the request.
Carl Klepper, Compson & Associates, 980 N. Federal Highway, Suite 200, Boca Raton, the
applicant for the project was present and agreed with all the staff comments.
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 22,2006
Chair Wische opened the floor to public comments. Hearing none, Chair Wische closed the
public hearing.
Mr. Saberson spoke about the units being transferred. He asked if anything was being added to
the space where the units were being taken from in terms of additional intensity of use. Mr.
Breese explained the request was part of a minor modification for eight townhome units at the
end of the Main. Street office/retail building and the other eight on the top of the building.
There would be no other changes in the area where the 64 units were taken from except for
the parking garage. As a result of not needing the parking at that location, the parking garage
would now be surface parking.
Chair Wishce noted Vice Mayor McKoy and Commissioner Ensler were in attendance.
Ms. Jaskiewicz indicated she did not like the flat roofs without any decorative elements, and
commented Renaissance Commons had different architectural features over their patios.
Aesthetically, it could be more pleasing.
Mr. Klepper indicated the elevations did not properly articulate the rooflines and they were
similar in nature to Renaissance Commons, San Rafael and Villa Lago. Ms. Jaskiewicz thought
San Rafael was the most pleasing to look at.
Mr. Blehar asked for additional clarification about what would be in the area the units were
being taken from. Mr. Breese responded the retail office building would have residential units
above the Main Street building and at the end of the Main Street building. The remainder of
the project would be the transferred 64 units. The parking garage would be eliminated from
that portion of the project and shifted over to the previously approved condominium project.
Mr. Blehar asked whether the additional parking requirements were made up in the parking
structure. Mr. Breese confirmed they were made up by adding the additional floor within the
condominium building. The conditional use approval included the parking within the structure.
Mr. Blehar noted that adding a floor to the parking garage was not mentioned. Mr. Breese
responded that aspect was not noted in the presentation, but he did indicate the increased
parking was included in the project and they had an excess of nine parking spaces.
Mr. Blehar said he could not think of a single development in Boynton Beach or Lake Worth that
did not have Mediterranean architecture. He asked if that bothered the Planning and Zoning
Division. Mr. Breese explained Planning and Zoning encourages several types of design. Much
of what was in this project and Renaissance Commons had Spanish Mission/Mediterranean
influences to it. There were some metal roofs in the development and they thought it blended
in. They did not have a problem with the design as it was depicted. Mr. Blehar thought
perhaps it might blend in too much and there may come a time when everything was
Mediterranean.
Mr. Casaine congratulated the developer on the adjustment in the parking. Not all developers in
every area had considered this and it improved what the board was concerned about, which
was the infrastructure.
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 22, 2006
Ms. Jaskiewicz asked if the color scheme would be continued and noted it was very attractive.
Mr. Comparato, of Compson Associates, was present and responded they kept similar designs
from building to building, trying to create character in the development. The color range and
change in some design features would be continued. He also clarified the elevations Ms.
Jaskiewicz alluded to earlier would have depth. He thought it was appropriate the whole
project was one cohesive architectural statement and there would be variation from building to
building. The variation would be in the number of building units, the size of the building, and
roof heights.
Motion
A motion was made by Vice Chair Hay to approve the request for a conditional use/major site
plan modification to increase maximum building height from 65'-1"to 75' by the addition of a
sixth (6th) floor to the previously approved five story condominium buildings, including an
increase in total condominium units from 376 to 440 units, (64 additional units) on an 8.968-
acre portion of the 106.5 acre Boynton Village and Town Center site with all staff comments.
Mr. Casaine seconded the motion that unanimously passed.
Ms. Jaskiewicz asked whether the water reuse project would be extended to the development.
Mr. Breese did not know the answer. Ms. Jaskiewicz hoped the extension would be considered
in the future.
8. Other
None.
9. Comments by members
None.
10. Adjournment
There being no further business, the meeting adjourned by consensus at 6:52 p.m.
Respectfully submitted,
Catherine Cherry-Guberman
Recording Secretary
082306
4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlvI
IX. - CITY MANAGER'S
REPORT
ITEM A
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 August I, 2006 July 17, 2006 (Noon.) D October 3,2006 September] 8, 2006 (Noon)
D August 15,2006 July31,2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
1 September 6, 2006 August ]4,2006 (Noon) D November 8, 2006 October 16,2006 (Noon)
",:,.;J
rg September 19, 2006 September 5,2006 (Noon) D November 21,2006 November 6, 2006 (Noon)
D AnnouncementslPresentations I:8J City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Accept report from the Development Department on the feasibility/cost analysis of Saturday hours
for the Building Division. Should the Commission determine that Saturday hours are desirable, staff recommends selection of
option 3 to permit further investigation into general demand for service and analysis of type of service requested.
EXPLANATION: At the request ofa member of the City Commission, the Department of Development has formulated an
analysis of three (3) alternative work schedules to accommodate Saturday service hours. Two of the alternatives rely on a
consolidated work week to allow flexibility for existing staff to work a compressed work week, accommodating additional
work hours on Saturday and avoiding overtime rates. Under the third alternative, service would be provided at the overtime
rate on an on-call basis as the public requests service.
PROGRAM IMPACT: Depending on the alternative chosen, the level of service could be affected on those weekdays that
Plan Reviewers and Field Inspectors are not available, which could result in the need for additional outside consulting
services.
FISCAL IMPACT: Depending on the alternative chosen, there may be costs involved with facility usage, consulting
services, and/or staff overtime.
~"s;gnature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
Memorandum
DD 06-022
TO:
FROM:
THROUGH
DATE:
RE:
Kurt Bressner, City Manager
Nancy Byrne, Assistant Development Di~or~~
Quintus Greene, Development Directo~
8/14/06
Ir-.,
1 ~ ,-~ '
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,
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i, AUG b 2006
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Feasibility/Cost Analysis of Saturday hours for the Building division
At the request of Commissioner McKoy, the Department of Development is pleased to present the
following analysis of an Alternative Work Schedule to accommodate Saturday service hours.
Alternative I
· Location: City Hall
· Hours: Flexible
· Staff Schedule - Permit Intake; Plan Review & Field Inspection, all disciplines.
Assumptions:
The Consolidated Work Week Rate allows flexibility for existing staff to work a compressed work
week, accommodating additional work hours on Saturday and avoiding overtime rates. The proposed
work schedule would consist of a nine (9) hour (7:30 - 5:30, 1 hr lunch), four (4) day work week, with
a four (4) hour Saturday (variable time - see alternatives below.) Occasional occurrence of overtime
rate will be unavoidable during peek vacation and holiday periods.
The drawback to this scenario is that the City does not employ multiple Plan Reviewers and Field
Inspectors in every discipline, which will result in lower levels of service on the weekday staff is not
working. This may result in the need for additional outside consulting services to cover those areas of
Plan Review and Field Inspection. At the current contract rate of $75.00 per hour, an eight hour (8)
day would cost an additional $600.00.
Position
Hourly
Consolidated Work
Week Rate*
$12.65
$13.41
$10.65
$26.75
$22.43
$26.34
$15.19
$22.91
$21.80
$23.50
$195.63
Hourly Overtime
Rate
Personnel: Reception - City Hall
Cashier - City Hall
West Wing Reception
Plans Analyst (Structural)
Plans Analyst (Electrical)*
Plans Analyst (Plumb/Mech)*
Application Technician
Field Inspection (Structural)
Field Inspection (Electrical)
Field Inspection (Plumb/Mech)
Summary of Personnel Cost per hour:
$18.98
$20.12
$15.98
$40.12
$33.65
$39.51
$22.78
$34.37
$32.70
$35.25
293.45
Facility Cleaning Staff $156.00
Operation: (West Wing 1st floor & City Hall Lobby)
Facilities operation cost
(water/sewer/electric - West Wing & City Hall $426.13
Lobby)
Summary of Facilities Cost per day: $582.13
*Disciplines employing single staff person that will require weekday contract coverage
S:\DevelopmentlAdministrationlMemorandums\2006\06-022 Bressner - Saturday work hours. doc
DD Memorandum 06-22
Saturday Work Hour Cost Analysis
08/15/06 Pg. 2 of 3
Alternative I estimated expense for four (4) hour Saturday hours:
Regular time rate; weekday contract service coverage and facility operations = $1,964.65
Overtime rate; weekday contract service coverage and facility operations = $2,355.93
Alternative II
. Location: City Hall In The Mall
. Hours: 10:00 a.m. to 2:00 p.m.
. Staff Schedule - Plan Review - Structural Only
Under this proposal, limited service for residential. owner-builder applications, defined as "turn-around
permits" would be provided. This allows for improved weekday level of service, as only a single Plan
Reviewer is needed. eliminating the need to use contract services during the week. The proposal
assumes a Structural Plan Reviewer, as this is the highest owner/builder demand. Occasional
occurrence of overtime rate may be unavoidable during peek vacation and holiday periods.
This alternative also relies on a Consolidated Work Week to allow flexibility for existing staff to work a
compressed work week, accommodating additional work hours on Saturday and avoiding overtime
rates. In order to reduce operating costs, staff is recommending the use of City Hall in the Mall as the
primary operating site for Saturday hours. This will eliminate the facility operating costs and
dramatically reduce the amount of personnel required. Please note that either the Recreation staff or
the Plan Reviewer would need to be a Notary to facilitate processing of turn-around permits.
-he drawback to this scenario is that the efficiency of utilizing the Plan Reviewer's time reviewing
applications for permit between customers is lost at City Hall in the Mall. They will not have the ability
to review permits while waiting for customers, since those records are maintained in the Building
division. The variety of permits for "turn around" issuance will be very limited. Only those permits that
require just structural review could be completed. Fences and sheds, other than exact replacements,
would not be able to be issued unless a P&Z Plan Reviewer is added to the cost.
Plans Analyst (Structural)
Hourly
Consolidated Work
Week Rate*
$26.75
Hourly Overtime
Rate
Position
Personnel:
$40.12
Capital
Expense
Workstation & Computer
$2,750
Reception/Cashier duties would be absorbed by existing Recreation Department staff, normally
scheduled for Saturday work hours at CHITM.
No additional facilities costs are incurred, since this office normally operates Saturday hours.
Alternative 1\ estimated expense for four (4) hour Saturday hours:
Regular time rate = $107.00 plus one time capital expense to set up workstation and computer
$2,750
Overtime rate = $160.48
S\DEVE,_OPMENT\ADMINISTRATION\rv1EMORANDUMS\2006\06-022 BRESSNER - SATURDAY WORK HOURS.DOC
DD Memorandum 06-22
Saturday Work Hour Cost Analysis
08/15/06 Pg. 3 of :3
Alternative III
· Location: City Hallin The Mall
· Hours: By Appointment
· Staff Schedule - Plan Review - Disciplines as required
Under this proposal, service would be provided at the overtime rate on an on-call basis as the public
requests service. This accommodates our current weekday schedule while still adding the desired
additional service. Demand for service would need to be closely monitored to gauge maximum return
for services provided and determine when demand reaches the cost threshold for establishing regular
Saturday hours.
Position
Hourly
Consolidated Work
Week Rate"
$26.75
Hourly Overtime
Rate
Personnel:
Plans Analyst (Structural)
$40.12
Capital
Expense
Workstation & Computer
$2,750
Reception/Cashier duties would be absorbed by existing Recreation Department staff, normally
scheduled for Saturday work hours at CHITM. Please note that either the Recreation staff or the Plan
Reviewer would need to be a Notary to facilitate processing of turn-around permits.
No additional facilities costs are incurred, since this office normally operates Saturday hours.
Alternative III estimated expense for an average Saturday appointment based on a re-roof permit:
(structural review only)
Overtime rate = $80.24** plus one time capital expense to set up workstation and computer
$2,750
** White collar bargaining agreement Article 18.4 - Minimum call back pay rate = two (2) hour minimum at one
and one-half (11/2) hourly rate.
Alternative III estimated expense for an average Saturday appointment for two disciplines based on
an Ale unit change out (Electrical & Mechanical review)
Overtime rate = $70.50** Mechanical Review; $67.30 Electrical Review - total review cost
$137.80
plus one time capital expense to set up workstation and computer $2,750
** White collar bargaining agreement Article 18.4 - Minimum call back pay rate = two (2) hour minimum at one
and one-half (1112) hourly rate.
It should be noted that the average owner/builder permit for the limited services which would be
offered averages between $35 and $45 in permit fees. All applicants wishing to schedule
appointments would be "pre-screened" via telephone to assure they bring all required documents for
the appointment, as incomplete applications would result in the City absorbing the overtime cost
regardless of the success of the submittal.
Prior to implementation of any of the options presented, staff would like the opportunity to poll the
customer base for interest in expanded hours and determine types of services desired.
S\DEVELOPMENT\ADMINISTRf\TIONlMEMORANDUMS\2006\06~022 BRESSNER ~ SATURDAY WORK HOURS.DOC
,~ ~ \~ . v 0.'...
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Budget Recap and Issues List
Tax Rate and Assessment Review
From meeting of July] ], 2006 and Meeting of Ju]y 12, 2006 - This summarizes any changes in the budget.
Reviewed options to further reduce the tax rate beyond the recommended rate of7.4%. Based on new assessment data and
new state shared revenue. The rate could be reduced to 7.2% w/elimination of the Water Utility Tax and still have a surplus
of about $200,000. The value of each l/JOlb ofa mill is $457,137.
8/7/06 Update: See data sheet as Exhibit A for Specifics on Millage Projections.
Staffing Issues
Police: Lt. - kept in budget
HR: HR AnaJyst - kept in budget
Bui]ding: Fee Coordinator and GIS Addressing Analyst _ Kept in Budget.
Planning and Zoning: Planner *
Library: Community Re]ations/Mkt Mgr - deleted from budget ($52,268)
· Commission asked staff to review hours of operation to consider IOOIITliI!U ttGUiS for permit handling.
· Commission asked staff to verity revenues for building activities as at least one member of the Commission fell the
revenues were too low. Finance and CM will review and report back results of analysis.
8/7/06 Update:
BUdget will be changed to reflect this staff cut.
Saturday Building Department Hours are being reviewed by staff and a supplemental report will be provided.
Goal is to add service hours without cost increases.
Building Permit Revenues have been reviewed. One additional project - Gulfstream lumber has not been added.
This would generate approximately $1,025 M. if built. Staff recommends not including this in the revenue base
for 2006-07.
Building Hotline Update - Interim Report prepared and distributed to Commission 7/]2/06.
8/7/06 Update: Additional copy attached as Exhibit B.
Fire Assessment Accounting - consensus was to show aJ) revenues and expenses through the Fire Assessment Fund instead of
General Fund and CIP (no dollar difference - just reporting.)
8/7/06 Update: These fund accounting changes will be completed for the final budget document There will be
no change in the bottom line.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
XII. - LEGAL
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting. Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon)
l'8J September 19,2006 September 5, 2006 (Noon) 0 November 21 , 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda l'8J Legal WI Reading)
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Approve first reading of Ordinance No. _ establishing a policy for naming City facilities
within the City of Boynton Beach, providing for the appointment of a committee to act in an advisory role to the City
Commission on the naming of city facilities.
EXPLANA nON: By establishing a policy for naming City facilities, this will ensure that streets, parks, recreational areas
and facilities are easily identified and located and that the names are consistent with the values and character ofthe area or
neighborhood served. It will encourage public participation in the naming, renaming and dedication of streets, parks,
recreation areas and facilities, and encourages the dedication of lands, facilities, or donations by individuals and/or groups.
The process to name facilities commences with a recommendation ofthe City Manager, Mayor or a City Commissioner that a
City Facility be named or renamed. City staff as designated by the City Manager will review the proposal for adherence to the
stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to an
advisory committee of five (5) persons appointed by the City Commission. The advisory committee will review the proposed
naming or renaming and will offer the opportunity for public input on the proposed naming. The advisory committee will
then forward their recommendation to the City Commission for final approval.
PROGRAM IMP ACT: This policy will establish a systematic and consistent approach for the official naming of streets,
parks and recreational areas and other public facilities.
FISCAL IMPACT: None
ALTERNATIVES: Not to approve this ordinance and not have a systematic and consistent procedure for naming City
facilities.
~~~'
Departm ead's Signatu
Assistant to City Manager
~
City Manager's Signature
OJK-
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
] ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ESTABLISHING A POLICY FOR NAMING
5 CITY FACILITIES; PROVIDING FOR THE APPOINTMENT
6 OF A COMMITTEE TO ACT IN AN ADVISORY ROLE TO
7 THE CITY COMMISSION ON THE NAMING OF CITY
8 FACILITIES; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
IO DATE.
] ]
]2 WHEREAS, the City Commission has determined that it is advantageous to have a
]3 uniform procedure for naming City facilities; and
14 WHEREAS, the City Commission finds that it would be beneficial to have committee
15 designated to evaluate suggestions and proposals for naming of City facilities.
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
18
19 being true and correct and are hereby made a specific part of this Ordinance upon adoption
20 hereof.
21
Section 2.
The following policy is established for naming City parks, recreation
22 facilities, streets, and facilities, buildings and rooms in buildings:
23 Purpose:
24 The purpose of this policy is to establish a systematic and consistent approach for the official
25 naming of streets, parks and recreational areas and other public facilities, buildings and rooms
26 in buildings.
27 Obiectives:
28 . Ensure that streets parks, recreational areas and facilities, buildings and rooms in
29 buildings are easily identified and located.
S:\CA \Ordinances\naming public facilities-revised(KB).doc
1 · Ensure that given names to streets, parks, recreational areas, facilities, buildings and
2 rooms in buildings are consistent with the values and character of the area or
3 neighborhood served.
4 · Encourage public participation in the naming, renaming and dedication of streets,
5 parks, recreation areas, facilities, buildings and rooms in buildings.
6 · Encourages the dedication of lands, facilities, or donations by individuals and/or
7 groups.
8 · Encourages long term monetary sponsorship.
9 Definition:
10 Facilities means parks, recreation areas, streets, buildings, rooms in buildings and other
11 facilities, or parts thereof, which operate for the benefit of the public and includes all property
12 under the City's ownership, administration or control including buildings, structures, open
13 spaces, public parks, natural areas, wetlands, environmental habitat and land, or parts thereof.
14 Criteria:
15 The policy of the City is to name Facilities through an adopted process utilizing established
16 criteria emphasizing community values and character, local history, geography,
17 environmental, civics, monetary support and service to the Boynton Beach community.
18 The following criteria shall be used in determining the appropriateness of the naming
19 designation:
20 1. Geographic location (neighborhood, significant areas, etc.)
21 2 . Natural features
22 3. A person (non-living) or place of historical or cultural significance.
23 4. A person (non-living), group, or feature particularly identified with the land or facility
24 5. Commitment for monetary sponsorship
25 The process to name Facilities commences with a recommendation of the City Manager,
26 Mayor or a City Commissioner that a City Facility be named or renamed.
27 Conditions of property donation as agreed upon by the donor and the City shall be honored
28 regarding the naming of the Facilities subject to these adopted policies.
29 Names that are similar to existing Facilities in the City should not be considered in order to
30 minimize confusion.
31 The City reserves the right to change the name to maintain consistency with these policies.
32 Procedure:
S: \CA \Ordinances\naming public facilities-revised(KB ).doc
1. Naming or Renaming of Facilities
2
3
4
a. A request for naming of a facility shall be initiated by a request by the City
Manager to the City Commission or by request of any member of the City
Commission through the City Manager.
5
6
7
8
b. City staff as designated by the City Manager will review the proposal for
adherence to the stated criteria and authentication of statements relative to
contributions in the case of an individual before forwarding to an advisory
committee of five (5) person appointed by the City Commission.
9
10
c. The advisory committee review the proposed naming or renaming and will
offer the opportunity for public input on the proposed naming.
11 d. The advisory committee shall forward their recommendation to City
12 Commission for final decision.
13 2. Renaming of Parks, Recreation Areas, Facilities, Buildings and Rooms in Buildings
14 Renaming of facilities carries with it a much greater burden of process compared to initial
15 naming. Tradition and continuity of name and community identification are important
16 community values. Each suggestion or request for renaming must meet the criteria in this
17 policy, but meeting all criteria does not ensure renaming.
18 Section 3. Each and every other provision of the Code of Ordinances not herein
19 specifically amended, shall remain in full force and effect as originally adopted.
20
Section 4.
All laws and ordinances applying to the City of Boynton Beach III
21 conflict with any provisions of this ordinance are hereby repealed.
22
Section 5.
Should any section or provision of this Ordinance or any portion
23 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
24 affect the remainder of this Ordinance.
25
Section 6.
Authority is hereby given to codify this Ordinance.
26
Section 7.
This Ordinance shall become effective immediately.
27
28
29
30
31
32
,2006.
FIRST READING this _ day of
S:\CA \Ordinances\naming public facilities-revised(KB).doc
1 SECOND, FINAL READING AND PASSAGE this _ day of
2 , 2006.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Carl McKoy
11
12
13 Commissioner - Robert Ensler
14
15
16 Commissioner - Mack McCray
17
18
19 Commissioner - Muir C. Ferguson
20 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
S:\CA \Ordinances\naming public facilities-revised(KB).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 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
[;gI September 19,2006 September 5, 2006 (Noon) 0 November 21,2006 November 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
[;gI Legal
o UnfInished Business
o
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RECOMMENDATION: Adoption of the proposed Ordinance. ~;c,:::
(~ ::~ (-:;-'
EXPLANATION: The City Commission adopted Ordinance No. 02-026 on June 18,2002 providing a supplemciiRll b~
to the retirees of the General Employees' Pension Plan in the form of a 13th check. A 13th check is an extra monthly paymiBt
to the Plan's retirees in the event that the net investment returns of the Plan exceed the assumed rate of investment return.
The proposed ordinance clarifIes the intent of the 13th check benefIt in order to ensure that the benefIt is only issued in
compliance with the statutory requirement that a 13th check will be paid only if the present value of such supplemental benefIt
exceeds the net actuarial experience of the Plan accumulated from all sources of gains and losses since the supplemental
benefIt was enacted. This ordinance will clarify and ensure that the issuance of the 13th check is not based solely upon the
Plan's net investment returns in any given year, but instead that the net investment returns of the Plan in any given year must
exceed the Plan's actuarial investment returns from the time that this benefIt was enacted. The attached chart, prepared by the
Plan's actuary, demonstrates the amount of positive investment returns that the Plan must experience in order for a 13th check
to be issued.
PROGRAM IMPACT: To clarify the terms of the 13th check benefIt offered by the Plan and to ensure compliance with the
statutory requirements for when such a 13th check may be issued to the Plan's retirees.
FISCAL IMP ACT: (Include Account Number where funds will come from.) None. This amendment serves to ensure
aged in an actuarially sound manner thereby curtailing the City's contribution to the Plan.
City Attorney,
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
- 89/81/2??~ 20:23
9547714923
GOREN CHEROF ET 4L
P4GE 132/82
II Cumulative Actuarial Gains (losses) I
Balance at
Year Ending Beginning Gain (loss) Balance at
9130 of Year Interest for Year 13th Check End of Year
2002 $ 0 $ 0 $ (4,227'.408) $ 0 $ (4,227,408)
2003 (4,227.408) (338,193) (5.398,187) 0 (9,963,788)
2004 (9,963.788) (797,103) (4,994,196) 229,585 (15,984,672)
2005 (15,984,672) (1,278,774) (1,174,319) 0 (18,437,765)
8oynton &aCh Gen..", employ... Penslo. PIa.
ORDINANCE 06-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 4
OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON
BEACH, FLORIDA TO AMEND SECTION 18-111, ENTITLED
"NORMAL RETIREMENT," TO CLARIFY THE INTENT WITH
RESPECT TO ISSUANCE OF A SUPPLEMENTAL BENEFIT;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 18, 2002, the City Commission adopted Ordinance No.
02-026 providing a supplemental benefit for the participants of the General Employees'
Pension Plan (the "Plan") in lieu of providing a cost of living increase to the retirees
each year; and
WHEREAS, the intent of the supplemental benefit was to provide a
supplemental benefit, or 13th Check, to the retirees of the Plan in any year in which the
net investment rate of return exceeds the assumed rate of return for the Plan; and
WHEREAS, the supplemental benefit must comport to the regulations of Part
VII of Chapter 112, Florida Statutes, which provides that the present value of any
additional benefit may not exceed the net actuarial experience accumulated from all
sources of gains and losses; and
WHEREAS, pursuant to this requirement, the determination of when a
supplement benefit payment will issue is an actuarial determination, as opposed to a
financial determination; and
Page 1 of5
JFK: 8-1-2006/8-22-06
S:\CA\Ordinances\Pension\GeneraJ Employees Pension - J 3th check amendment rev .doc
WHEREAS, Plan participants mistakenly assumed that a supplemental check
would issue in any year that the Plan realizes greater than an 8% return on investment
without regard to total performance; and
WHEREAS, it is the desire of the City Commission to amend the Plan, as
recommended by the Board, to clarify this matter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as
being true and correct and are incorporated herein by this reference. All exhibits
attached hereto are hereby incorporated herein.
Section 2.
The City Commission of the City of Boynton Beach, Florida
hereby amends Chapter 18, Article II, Division 4, Section 18-111 of the City Code of
Ordinance of the City of Boynton Beach, entitled "Normal Retirement", as follows:
Section 18-111.
Normal Retirement.
(e) Commencing October 1, 2001, in lieu of receiving a cost of
living increase retirees may be eligible to receive a supplemental pension
distribution payable by the following July I st, the amount of which shall be
determined as of September 30th of each year. The amount of the distribution is
equal to the amount the net investment return exceeds the assumed rate of
investment return divided equally among all participants whose benefit was in
pay status as of the previous October 1 st. The amount of the distribution shall
be the same for all eligible retired members regardless of years of service, age,
years retired or amount of monthly benefit. In no event shall the supplemental
benefit exceed the average monthly benefit of those retirees receiving a
monthly benefit calculated as of the previous October 1 st.
Page 2 of5
JFK: 8-1-2006[8-22-06
S:\CA\Ordinances\Pension\General Employees Pension - 13th check amendment rev .doc
(1) The actuary for the Pension Fund shall determine the rate of
investment return earned on the Pension Fund assets during the twelve
(12) month period ending each September 30th and shall be the rate
reported in the most recent actuarial report.
(2) The actuary for the Pension Fund shall, as of September 30th,
determine the actuarial present value of future pension payments to
current retirees.
(3) The supplemental benefit shall not be paid in any year that the
net investment return does not exceed the assumed rate of investment
return. present value of such benefits does not exceed the net actuarial
experience accumulated from all sources of gains and losses since this
benefit was enacted.
(4) If there shall be a supplemental distribution, the Board of
Trustees shall authorize a supplemental pension distribution, unless the
administrative expenses of distribution exceed the amount available for
distribution.
(5) The eligible persons to receive a supplemental distribution are
retirees, including participants in the DROP, and their beneficiaries.
(6) For members who participate in the DROP as provided in SI8-
127 of the Plan, the supplemental pension distribution, if distributed,
shall be deposited in the member's DROP account during their term of
participation in the DROP.
Section 3.
It is the intention of the City Commission of the City of Boynton
Beach that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this
ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed
to "Section", "Article" or such other word or phrase in order to accomplish such
intention.
Page 3 of5
JFK: 8-1-200618-22-06
S:\CA \Ordinances\Pension\General Employees Pension - ) 3th check amendment rev .doc
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of
such conflict.
Section 5.
If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application shall be considered as
eliminated and so not effecting the validity of the remaining portions or applications
remaining in full force and effect.
Section 6.
This Ordinance shall become effective when the following have
occurred:
(a) the City Commission has received and has accepted a report establishing
the actuarial soundness ofthese amendments;
(b) when a collective bargaining agreement ratifying the foregoing changes to
pension benefits has been ratified by the City Commission and the General
Employees' Pension Board of Trustees, or their successor organization;
and
(c) a copy of this Ordinance is transmitted to the State of Florida Division of
Retirement.
Upon satisfaction of all of the above requirements, then in that event, the terms
and provisions of this Ordinance shall become effective.
Page 4 of5
JFK: 8-1-200618-22-06
S:\CA \Ordinances\Pension\Genera1 Employees Pension - 13th check amendment rev .doc
FIRST READING this _ day of
,2006.
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
CITY OF BOYNTON BEACH,
FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
ATTEST:
Commissioner - Mack McCray
CITY CLERK
Commissioner - Muir C. Ferguson
(CORPORATE SEAL)
Page 5 of5
JFK: 8-1-200618-22-06
S:\CA \Ordinances\Pension\General Employees Pension - 13th check amendment rev .doc
Meeting Minutes
Employees' Pension Plan Quarterly Meeting
Boynton Beach, Florida
August 18, 2006
Mr. Swanson will schedule the presentations at the December 1, 2006 quarterly meeting.
C) Julie Klahr. Pension Attorney/Steve Palmquist. Actuary
Ms. Klahr declared at the last meeting the board directed the drafting of an ordinance to modify
the 13th Check provision to the effect that the decision to have a 13th Check would be made by
the financial advisor instead of the actuary, to accelerate the process. After meeting with Jim
Cherof, the City Attorney, they spoke with Mr. Palmquist, the actuary, who agreed having the
financial advisor make this determination would circumvent the statutory requirements. The
State statute provides: Actuaria/ experience may be used to fund additional benefits, provided
that the present value of such benefits does not exceed the net actuarial experience
accumulated from all sources of gains and losses. They also discussed the misconception that a
13th Check was payable in any year that the Plan realized greater than an 8% return on
investment, without regard to total performance.
Ms. Klahr incorporated the comments of the actuary in the draft ordinance, which was
presented to the trustees attached to a letter from Mr. Cherof and Ms. Klahr on the topic. She
brought it back to the board for review and discussion.
Mr. Bressner asked what should trigger the 13th Check and who should do it. Ms. Klahr's office
recommended having the actuary trigger the 13th Check and not the financial advisor. They also
recommended the date of determination of the 13th Check not be changed unless it was done
to clearly reflect that the determination must follow an actuarial determination and not the
report on return rates by the financial advisor. Her office also recommended the Plan language
be clarified to clearly express the legal requirement that a 13th Check was not based on a single
year's rate of return but could only be issued when the present value of such benefits did not
exceed the net actuarial experience accumulated from all sources of gains and losses. That
recommendation was based upon the common but incorrect belief that an annual rate of return
exceeding 8% in any given fiscal year would result in a 13th Check.
Mr. Bressner was concerned about the time period as far as when the actuarial reports were
available versus when the financial advisor report was available. The actuarial report would
probably be a more conservative and cautious look at the situation. Ms. Klahr said that caution
was not the only factor - it also had to comply with State requirements. The actuary would
have to determine there had been a positive net experience before a 13th Check could be
triggered. Mr. Palmquist remarked the ordinance had been adopted in 2002. Mr. Bressner
asked again about the timeline. Mr. Palmquist responded the Plan right now said if the
investment return exceeds 8%, then something was payable to the retirees. The Statute
allowed that, but the cumulative amount paid out from the time the provision was implemented
may not exceed the cumulative amount of actuarial gains over that period. The gains from all
sources, not just investments, had to be taken into consideration. The problem was that since
that provision had gone into effect, cumulatively there had been large actuarial losses. Those
losses, according to the statute, should prevent the Plan from paying the 13th Check until such
time as they had actuarial gains that exceeded the losses they had accumulated since 2002.
Mr. Bressner did not think it was probable that this would occur in the near future.
12
Meeting Minutes
Employees' Pension Plan Quarterly Meeting
Boy,,-~~,,- B~~<:hL ~1()!i<J~
August 18, 2006
Mr. Bressner asked Mr. Palmquist if the Plan had issued 13th Checks in error as a result of this
statutory provision, and Mr. Palmquist responded that was the case.
Mr. Palmquist displayed a table entitled "Gain or Loss Per Year." They had losses for the past
four straight years. Ninety percent of that was due to the gradual recognition of the investment
losses in 2001 and 2002, due to smoothing. All the losses were not recognized at once. Just
like in the good years, they did not recognize all the gains at once. Mr. Bressner said the Pay
Plan implementation would have an effect next year because there had been big increases
across the board. Mr. Palmquist stated the table only looked backwards. When they started with
the year in which the 13th Check ordinance passed (2002) and went through the analysis as
approved by the State, there was $18M in the negative. According to this accounting, they
could not payout a 13th check until future gains overcame that $18M loss.
Mr. Bressner asked what the corrective action would be. Ms. Klahr responded what they
wanted to do was amend the 13th Check ordinance so anyone reading it would understand they
would not get a 13th Check because there was a good year.
Ms. Klahr reviewed the proposed changes to the 13th Check ordinance.
On page 2, line 17, the word "net" was stricken. Mr. Palmquist asked that be put back in. Mr.
Palmquist stated he wanted to be clear they were talking about the net rate of investment rate
of return for the year, meaning the return after subtracting investment expenses. Ms. Klahr
agreed this would be put back in. The board concurred.
On page 3, the words "net investment return does not exceed the assumed rate of investment
return" were replaced with, "present value of such benefits does not exceed the net actuarial
experience accumulated from all sources of gains and losses." Ms. Klahr declared they wished
to add the phrase, "since this benefit was enacted" following that. The board agreed.
Mr. Palmquist will keep this language in his annual report.
Richard Stone, 4510 Nutmeg Tree Lane, Boynton Beach, retiree from the City of Boynton
Beach, asked if there would be any way the retirees could benefit from the Fund performing
greater than 8% in a given year. Mr. Palmquist replied they could, if they had a return of $20M
over expectations. The only other way to do it was some kind of automatic cost of living
adjustment, but that would cost a lot of money.
Motion
Mr. Bressner moved the 13th Check ordinance be finalized with the language changes agreed to
and submitted to the City Commission for approval. Mr. MacIntyre seconded the motion that
passed 5-0.
Mr. Stone asked if the Fund had been in the negative by $18M, and the response was that it
had been, actuarially speaking. Mr. Palmquist stated that the situation was due primarily to
investment returns in 2001 and 2002. The smoothing method contributed. Also, Mr. Bressner
commented the recent payroll changes would impact the Pension Fund this year and next year,
as the MGT Study was implemented. Mr. MacIntyre asked if this were the last year of the
smoothing and Mr. Palmquist responded the 2001 and 2002 losses were not fully realized
13
Meeting Minutes
Employees' Pension Plan Quarterly Meeting
Boynton Beach, Florida
August 18, 2006
through September 30, 2005. Starting with the next report, this would no longer be an issue.
Mr. Bressner remarked this year's contribution from the General Fund and the Utilities Fund into
the General Employees' Pension Fund subsidized the loss from the Pension Fund. That number
had gone down some this year. All the Pension Funds had suffered during this period. Mr.
Bressner added that next year, they would have the impact on the actuarial expense side that
was going to be triggered by the salary increases.
V. Correspondence
1) Alliance Bernstein - 2nd Quarter 2006 Proxy Reoort
This was included for the members' information.
VI. Old Business
1) Expired term on Trustee Position. Minutes of June 9. 2006 - Status
Ms. LeJeune referred to a letter in the agenda packet stating there had been no nominations for
her expired trustee position. At the June 6 meeting, the board agreed they would informally try
to interest someone in the position. Ms. Lejeune spoke with Michael Low, the new Deputy
Director of Operations in Utilities, and discovered he had extensive pension experience from
previous employment. His resume was attached.
Motion
Ms. LeJeune made a formal nomination of Michael Low to replace her on the Pension Board.
Ms. Kruse seconded the nomination. The motion passed 4-0 (Mr. Bressner was out of the
room. )
Mr. Low mentioned he was willing to serve and~ was welcomed to the board as a trustee to
commence with the next regularly scheduled meeting.
Mr. Stone asked about the process whereby Mr. Low was made a trustee. Ms. Klahr advised
him the board had adopted procedures where if there were only one nomination, they would
appoint that individual. Ms. LeJeune confirmed a notice had gone out and no one had come
forward to express interest in the position. She added this was not the position the City
Commission appointed. There was another position that was still open that the Commission
appointed and that had been tabled.
2) Resource Center - Review and Discussion (tabled from June 9, 2006 meeting)
Ms. LeJeune remarked this was the firm that made a presentation about outsourcing the
Pension Administrator's duties.
Motion
Mr. Bressner moved to table the Pension Resource Center discussion to the next meeting. Ms.
LeJeune seconded the motion that passed 5-0.
14
XII. - LEGAL
ITEM C.4
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 August ], 2006 July 17, 2006 (Noon.) 0 October 3, 2006 September ]8,2006 (Noon)
0 August] 5, 2006 Ju]y 3], 2006 (Noon) 0 October] 7, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October] 6, 2006 (Noon)
~ September 19, 2006 September 5, 2006 (Noon) 0 November 2], 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve Ordinance #
and creating a SmalllMinority Business Enterprise Program.
amending the City of Boynton Beach Code of Ordinances
EXPLANATION: Pursuant to the July 28,2006 City Commission, workshop staff was charged with the task of developing
a SmalllMinority Business Program that could benefit the City and making a recommendation to the City Commission
outlining a program specifically designed for the City of Boynton (see "attachment A" proposed ordinance). The City
Commission recognized that proactive steps must be taken to help ensure that local Small and Minority Business Enterprises
thrive and continue to benefit the community economically and socially. Moreover, the City should commit the necessary
time, human resources, and financial support to achieve the program goals and objectives. Commitment to this program is
best demonstrated by enacting legislation to create a local 5MBE Program that sets forth the policies, operating procedures,
and program benefits to help ensure the utilization and success of such businesses.
Proposed sections of new Ordinance:
Sec. 2-201 General
Sec. 2-202 Policy Statement
Sec. 2-203 Definitions
Sec. 2-204 Program Administration
Sec. 2-205 Equal Opportunities
Sec. 2-206 Program Eligibility
Sec. 2-207 Goals
Sec. 2-208 Counting Participation ofSMBE's
Sec. 2-209 Contract Pre-Award Compliance Procedures
Sec. 2-210 Good Faith Efforts
Sec. 2-211 Contracts
Sec. 2-212 Contract Performance Compliance Procedures
Sec. 2-213 Contract Language Required
Sec. 2-214 Penalties
Sec. 2-215 5MBE Program Advisory Board
Sec. 2-216 Annual Program Review
Sec. 2-217 Notice
Sec. 2-218 Severability
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Sec. 2-219 Waiver
Sec. 2-220 Limitation of Remedy
PROGRAM IMP ACT: The creation of a program whereby smalVrninority businesses desiring to do business with the City
can do so in an equitable manner. The program would include implementation of race and gender neutral measures to
facilitate the participation ofSMBE's in City contracting and procurement activities. The goal of the program would be to
facilitate increased participation ofSMBE's in contracting and procurement opportunities with the City through education and
training, increase the diversity of businesses utilized by the City for the procurement of goods and services to be more
representative of the business community at large, promote local business start-ups, retention and expansion, and to provide
business services that grow the local smaIVrninority business community. The proposed ordinance also creates an 5MBE
Advisory Board appointed by the City Commission to advise the Commission on issues and concerns relative to the local
small and minority business community, develop strategies to address the issues and concerns, develop and implement
outreach programs designed to assist small and minority owned businesses to succeed. The City will utilize our partnership
with the Greater Boynton Beach Chamber of Commerce to access their resources, and bring these programs to fruition.
FISCAL IMPACT: Proposed 2006-07 budget
* Consultant
Software
Travel
Miscellaneous
$20,000.00
15,000.00
5,000.00
2,500.00
$42,500.00
*Professional services to provide a need assessment for the City and provide technical assistance in establishing the 5MBE
program.
ALTERNATIVES: Not to approve staffs recommendation and continue status quo, without programs designed to increase
participation in City contracting and procurement opportunities by Small/Minority" usiness Enterprises.
Department Name
~~~Q~/~~
Assist Direct ofFinan1
Procurement Service
S:\nULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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36 ARTICLE XV
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING CHAPTER 2,
ADMINISTRATION OF THE CODE OF ORDINANCES
TO ADD A NEW ARTICLE XV; SMALL AND
MINORITY BUSINESS ENTERPRISES; ESTABLISHING
A PROGRAM TO ASSIST SMALL AND MINORITY
BUSINESS ENTERPRISES IN COMPETING FOR AND
BEING AWARDED CITY CONTRACTS;
ESTABLISHING PROCEDURES FOR DESIGNATION
OF SMALL AND MINORITY BUSINESS ENTERPRISE
STATUS; AUTHORIZING ADMINISTRATIVE ACTION
TO IMPLEMENT, ADMINISTER AND MONITOR
PROGRAM GOALS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission finds that it is in the best interests of the City to create a
program whereby business desiring to do business with the City can do so in an inclusive and
equitable environment; and
WHEREAS, The program would include implementation of race and gender neutral measures
to facilitate the participation of small and minority business enterprises (SMBE) in City
contracting activities, recruitment, certification, and maintenance of data bank, business
development, City project compliance, monitoring, and reporting. In addition, staff
recommends establishing a business advisory board. It would be the responsibility of City staff
to support the Advisory Board and coordinate activities.
Section 1.
The foregoing whereas clauses are true and correct, and are now ratified by the
City Commission.
Section 2. Chapter 2, Administration, of the Code of Ordinances is amended to add a new
Article XV, titled Small/Minority Business Enterprises as follows:
37 Sec. 2-201. General.
38
39 (a) This Article establishes the City's Small and Minority Business Enterprise Program.
40
41 Sec. 2-202. Policy statement.
42
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1 (a) The policy of the City is that all businesses be afforded an opportunity for full
2 participation in the City's system for the procurement of goods, services or
3 construction projects.
4 (b) It is the policy of the City to provide equal opportunities for City contracting for
5 small businesses owned by socially and economically disadvantaged persons doing
6 business in the City's contracting marketplace.
7 ( c) It is the policy of the City to prohibit discrimination against any business in pursuit of
8 these opportunities, to conduct its contracting activities so as to prevent
9 discrimination in the solicitation or award of public contracts or the acquisition of
10 goods and services.
11 (d) It is declared to be the policy of the City to take all necessary, reasonable and legal
12 action to prevent discrimination, be it direct or indirect, in its procurement process; to
13 ensure that all businesses, including small businesses, are afforded the maximum
14 opportunity to participate in the City's procurement process; and to establish a
15 recordkeeping system to monitor small business participation in procurement.
16
17
18 Sec. 2-203. Definitions.
19
20 The following words as used in this chapter have the indicated meanings:
21
22 Affiliation means a relationship between two (2) or more businesses which one business
23 controls or has the power to control the other, or a third party or parties controls or has the
24 power to control both, or an identity of interests exists between such businesses. In
25 determining affiliation, the City shall consider all appropriate factors, including common
26 ownership, common management, contractual relationships and shared facilities. Affiliates
27 must be considered together in determining whether a business is a small business enterprise.
28
29 Annual participation goals mean the targeted levels established by the City for the annual
30 aggregate participation in City contracts of small/minority business enterprises S/MBE.
31
32 Bid means the offer to furnish goods or services, including formal and informal bids, and
33 responses to requests for proposals qualifications.
34
35 Bidder means a person that has submitted a bid to the City.
36
37 Brokering means filling orders by purchasing or receiving supplies from a third party
38 supplier rather than out of existing inventory, and providing no commercially useful function
39 other than acting as a conduit between a supplier and a customer.
40
41 City manager means the City manager of the City of Boynton Beach or his or her designee.
42
43
44
45 City's contracting marketplace means the geographic and procurement areas in which the
46 City contracts on an annual basis.
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2 Commercially useful function means a function which results in the provision of needed
3 materials, supplies, equipment or services to the City. A small business must demonstrate
4 expertise in the commodity area that they are supplying and those commodity area must be
5 identified and listed in the certification approval letter. Acting merely as a conduit to transfer
6 funds to another business does not constitute a commercially useful function.
7
8 Contract means any written agreement or purchase order through which the City procures
9 goods or services.
10
11 Contractor means a person that has a contract with the City to provide goods or services.
12
13 Controlled, for the purposes of determining whether a business is a minority or woman-
14 owned business, means the minority, the woman or combination of minorities and women, as
15 the context requires, who:
16
17 (1) Possesses legal authority and power to manage business assets, goodwill and
18 daily operations of the business; and
19 (2) Actively and continuously exercises such authority and power in determining the
20 policies and directing the operations of the business. The term "controlled" for the
21 purposes of determining whether a business is a small business shall mean that no
22 large business:
23 a. Possesses legal authority and power to manage business assets, goodwill
24 and daily operations of the business; and
25 b. Actively and continuously exercises such authority and power In
26 determining the policies and directing the operations of the business.
27
28 Debarment means the exclusion for cause of a vendor or contractor from bidding and/or
29 doing business with the City.
30
31 Director means the City Manager or those individuals or departments designed to administer
32 all or part of the small/minority business enterprise program.
33
34 Economically disadvantaged means an individual whose personal net worth is less than
35 $750,000.00.
36
37 Emergency procurement, as authorized by the City Manager, means a procurement made
38 in response to a requirement when a delay caused by complying with all governing rules,
39 regulations and/or procedures would be detrimental to the interests, health, safety or welfare
40 of the City.
41
42 Expertise means demonstrated skills, knowledge or ability to perform in the field of
43 endeavor in which certification is sought by the business as defined by normal industry
44 practices, including licensure where required.
45
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1 Good faith efforts means actions that the City finds are sufficient to meet the standards
2 hereinafter set forth in section 2-210 which provides for contract pre-award compliance
3 procedures..
4
5 Goods means apparatus, materials, supplies and equipment.
6
7 Joint venture means an association of two (2) or more persons, or any combination of types
8 of business enterprises and persons numbering two or more, proposing to perform a single for
9 profit business enterprise, in which each joint venture participant contributes property, capital,
10 efforts, skill and knowledge, and in which the S/MBE is responsible for a distinct, clearly
11 defined portion of the work of the contract with the City and whose share in the capital
12 contribution, control, management, risks, and profits of the joint venture are commensurate
13 with its ownership interest. Joint ventures must have an agreement in writing specifying the
14 terms and conditions of the relationships between the joint venture participant and their
15 relationship and responsibility regarding to the contract with the City.
16
17 Large business means a business that does not meet the definition of small business as
18 defined in this article.
19
20 MB means a minority-owned business.
21
22 Minority person means an individual who is a citizen or lawful permanent resident of the
23 United States who is:
24
25 (1) An African American, a person having origins in any of the black racial groups of
26 Africa;
27 (2) A Hispanic American, a person of Spanish or Portuguese culture who has origins
28 in Central or South America, or the Caribbean, regardless of race;
29 (3) An Asian American, a person having origins in any of the original peoples of the
30 Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;;
31 (4) A Native American, a person who has origins in any of the Indian tribes of North
32 America prior to 1835; or
33 (5) A female
34
35 Owned, for the purposes of determining whether a business is a minority or woman-owned
36 business, means that the minorities or women, as the context requires, shall possess an
37 ownership interest of at least 51 percent. The term "owned," for the purposes of determining
38 whether a business is a small business, shall mean that no large business shall possess an
39 ownership interest in excess of 49 percent.
40 Participation plan means the list of 5MBESMBE that the bidder commits will be utilized,
41 their scopes of work, and dollar value or the percentage ofthe project or the scopes of work of
42 the contract they will perform.
43
44 Personal net worth means the net value of the assets of an individual after total liabilities are
45 deducted. An individual's personal net worth does not include the individual's ownership
46 interest in the applicant and the individual's equity in his or her primary place of residence.
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1 An individual's personal net worth includes his or her share of assets held jointly with the
2 individual's spouse. Property held by the entireties is deemed to be owned equally by the
3 spouses.
4
5 Practicable means reasonably capable of being accomplished.
6
7 Prime contractor means any person or business entity who has a contract with the City.
8
9 Procurement code means the City's procurement code set forth in this chapter, as it may be
10 amended from time to time.
11
12 Procurement goals means goals expressed as percentages of the total dollar volume for
13 participation of small businesses on individual bids, proposals, resulting work authorizations,
14 purchase orders (Pas) or City contracts.
15
16 Professional services means any narrow discipline wherein a known practitioner has,
17 through education and experience, developed expert advisory and programming skills as a
18 vocation, any service performed primarily by vocational personnel which requires the
19 certification of a professional before the services are acceptable to the user of the service, or
20 any other advisory study or programming activity where the procurement official determines
21 that the level of skills and/or creativity of the potential or known practitioner warrant a
22 solicitation process other than the competitive bid process.
23
24 Program means the equal business opportunity (EBO) program.
25 Project specific goals means the goals established for a particular project or contract based
26 upon the availability of 5MBEs in the scopes of work of the project, delineated into
27 percentages of 5MBEs owned by blacks and women.
28
29 Proposal means an executed formal document submitted to the City stating the goods,
30 services and/or construction offered to satisfy the need as requested in the requisition, request
31 for proposal, request for information or request for qualifications.
32
33 Quotation means any oral or written offer as a result of an informal request by a vendor to
34 the City to furnish specific goods, services and/or construction at a stated price.
35
36 Request for quotation means a request, either oral or written, to solicit prices for specific
37 goods, services and/or construction.
38
39
40 SED means socially disadvantaged and economically disadvantaged.
41
42 Services means the furnishing primarily of labor, time and/or effort by a contractor, wherein
43 the provision of goods or other specific end products other than reports, studies, plans,
44 advisories, contractual documents or other documents, relating to the required performance is
45 incidental or secondary. This term "services" shall not include construction or employment
46 agreements.
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2 Small business means a person or business that:
3
4 (1) Is domiciled in Palm Beach County which is an independently owned and
5 operated business concern organized to engage in commercial transactions and whose
6 adjusted gross margin and number of employees, including those working in all
7 offices or locations, does not exceed the following:
8 a. In construction, the annual adjusted gross margin less than $3,000,000.00
9 (averaged over the previous three years, or if in business, less than three years,
10 averaged during duration of business), and does not employ more than 30 full-
11 time employees.
12 b. In commodities, the annual adjusted gross margin less than $1,500,000.00
13 (averaged over the previous three years, or if in business, less than three years,
14 averaged during duration of business), and does not employ more than 30 full-
15 time employees.
16 c. In professional services, the annual adjusted gross margin less than
17 $2,000,000.00 (averaged over the previous three years, or if in business, less
18 than three years, averaged during duration of business), and does not employ
19 more than 30 full-time employees.
20 (2) Meets the certification criteria set forth in this article.
21 (3) The limits described in subsections (l)a., b. and c. above shall apply to all small
22 businesses certified by the City (or other entity as heretofore listed) as of October 1,
23 2003.
24
25
26
27 Small business enterprise (SBE) means a small business concern meeting the size standards
28 established by the City or a federal, state, county, or local school board agency under similar
29 programs.
30
31
32 Small business listing means a supplier list of certified small businesses approved by the
33 City Manager and made available to contractors or vendors for use in identifying
34 subcontractors and material suppliers.
35
36 Small minority business enterprise (S/MBE) means a business, including a sole
37 proprietorship, partnership, corporation, limited liability company, joint venture or any other
38 business or professional entity:
39
40 (1) Which is at least fifty-one (51) owned by one (1) or more socially and
41 economically disadvantaged individuals, or in the case of a publicly owned business,
42 at least fifty-one (51) percent of all classes of the stock of which is owned by one or
43 more socially and economically disadvantaged individuals;
44 (2) Whose management, policies, major decisions and daily business operations are
45 independently managed and controlled by one (1) or more socially and economically
46 disadvantaged individuals;
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1 (3) Which is small business enterprise;
2 (4) Which has a physical location from which to engage in for profit activities in the
3 scope(s) of expertise ofthe in the City's marketplace; and
4 (5) Which is certified as a 5MBE by the City of Boynton Beach, the State of Florida,
5 Palm Beach County, the School Board of Palm Beach County, or any other
6 municipality, notwithstanding the terminology used to designate the enterprise.
7
8
9 Socially disadvantaged means an individual who has been subjected to racial or ethnic
10 prejudice or cultural bias within American society because of his or her identity as a member
11 of a group and without regard to individual qualities. Social disadvantage must stem from
12 circumstances beyond the individual's control. A socially disadvantaged individual must be a
13 citizen (or lawfully admitted permanent resident) of the United States who is either:
14 (1) Black/African-American, which includes persons having origins in any of the
15 black racial groups of Africa;
16 (2) Female; or
17 (3) Any individual found by the City on a case-by-case basis to have been subjected
18 to racial or ethnic prejudice or cultural bias within American society because of his or
19 her identity as a member of a group, without regard to individual qualities. Social
20 disadvantage must stem from circumstances beyond the individual's control. Evidence
21 of social disadvantage must include:
22 a. At least one (1) objective, distinguishing feature that has contributed to
23 social disadvantage, such as disability, long-term residence in an environment
24 isolated from the mainstream of American society or other similar barriers not
25 common to individuals who are not socially disadvantaged;
26 b. Personal experiences of substantial and chronic social disadvantage in
27 American society, not in other countries; and
28 c. Negative impact on entry into or advancement in the City's contracting
29 marketplace and participating on City contracts because of the disadvantage, as
30 demonstrated by the individual's education, employment and business history.
31
32
33
34
35
36 Subcontractor means any person providing goods, services and/or construction to a prime
37 contractor for profit, if such goods, services and/or construction are procured or used in
38 fulfillment of the prime contractor's obligations arising from a contract with the City,
39 excluding providers of goods directly acquired by the City.
40
41 User department means the department of the City that the City manager designates as
42 responsible for initiating the procurement process.
43
44 Vendor means an actual or potential supplier of goods, services and/or construction.
45
46 WB means a woman-owned business.
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1
2 Sec. 2-204. Program Administration.
3
4 (a) The City Manager shall administer the City's Small/Minority Business Enterprise
5 program.
6 (b) The City Manager is authorized to:
7
8 (1) Adopting rules for the implementation and monitoring of the program and to
9 incorporate those rules into the City's procurement code.
10 (2) Develop a system to inform S/MBEs of City contracting opportunities.
11 (3) Providing information and staff assistance to 5MBEs relating to City procurement
12 practices and procedures, and bid specifications, requirements, and prerequisites.
13 (4) Maintain a list of business that are certified as 5MBEs and maintain that list in a
14 5MBE availability data bank.
15 (5) Establish project specific goals.
16 (6) Evaluate bidders' and contractors' achievement of project specific goals or good
17 faith efforts to meet project specific goals.
18 (7) Direct hislher administrative staff to monitor contracts to facilitate prompt
19 payments to 5MBEs and compliance with project specific goals and commitments.
20 (8) Receive, review, and act upon complaints and suggestions concerning the
21 program.
22 (9) Collect and maintain data through software systems in order to report on
23 compliance with the article and monitor and report on utilization of minority and
24 woman-owned business as compared to their availability.
25 (10) Monitor and report on the program and the City's progress towards the annual
26 participation goals.
27 (11) Prepare an annual budget detail that allocates resources, including budget and
28 staff to carry out the mandates of this article.
29 (12) Delegate all or part of the responsibilities listed herein.
30
31 (c) The City staff or City departments which receive appropriate delegation for project
32 management, contract management, and/or construction and/or design contract responsibility
33 shall have the following duties and responsibilities with regard to the program:
34
35 (1) Assisting with setting project specific goals.
36 (2) Assisting in the identification of available 5MBEs, and providing other assistance
37 in meeting the annual participation and project specific goals.
38 (3) Performing other activities to support the program.
39 (4) Gathering and maintaining subcontracting data for those contracts which they
40 manage.
41 (5) Submitting subcontracting data to the City Manager.
42 (6) Managing contracts in a consistent manner to facilitate contract compliance in
43 utilization of 5MBEs.
44 (7) Submitting to the City Manager, on or before the beginning of each fiscal year,
45 the administrator's or department's annual 5MBE contracting goal based upon a
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1 project identification survey listing all upcoming projects, estimating the probable
2 monetary value, the projected bid advertisement date and the necessary qualifications.
3 (8) Department directors shall, whenever practicable:
4
5 a. Separate discrete and unconnected work elements from projects for
6 separate contracts, where separation will not cause substantial adverse fiscal,
7 administrative, or legal impact;
8 b. Divide procurements into component parts or work elements on a report so
9 that the City Manager can determine which small businesses are available to
10 participate as subcontractors; and
11 c. Establish delivery schedules that do not discourage small or large business
12 participation, especially, in master agreements.
13
14
15 Sec. 2-205. Equal opportunities
16
17 The City shall develop and use race- and gender-neutral measures to facilitate the
18 participation of 5MBEs in City contracting activities. These measures shall include, but are
19 not limited to:
20
21 (1) Arranging solicitation times for the presentations of bids, quantities,
22 specifications, and delivery schedules so as to facilitate the participation of interested
23 persons.
24 (2) Providing timely information on contracting procedures, bid preparation, and
25 specific contracting opportunities.
26 (3) Holding pre-bid conferences, where appropriate, to explain the projects and to
27 encourage potential bidders to solicit available S/MBEs as subcontractors or as joint
28 venture participant.
29 (4) Adopting prompt payment procedures, including requiring by contract that
30 contractors pay their direct subcontractors within a stated period of receipt of payment
31 from the City, subject to appropriate exceptions.
32 (5) Reviewing bonding and insurance requirements to eliminate unnecessary barriers
33 to contracting with the City.
34 (6) Maintaining a bidders list, consisting of all persons bidding on City prime
35 contracts and bidding or quoting on City-funded subcontracts.
36 (7) Providing technical assistance, which may include:
37 a. A surety bonding assistance and support program to provide access to
38 surety bonding and contract financing.
39 b. A mentor-protege program.
40
41
42 Sec. 2-206. Program eligibility.
43
44 Only a business that is managed and controlled by socially or economically
45 disadvantaged(SED) owners may be certified as a S/MBE, provided:
46
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1 (1) A business must not be subject to any formal or informal restrictions that limit the
2 discretion of the SED owner(s). There can be no restrictions through corporate charter
3 provisions, by-law provisions, contracts or any other formal or informal devices that
4 prevent the SED owner(s), without the cooperation or vote of any non-SED person,
5 from making any business decision of the business.
6 (2) The SED owner(s) must possess the power to direct or cause the direction of the
7 management and policies of the business and to make day-to-day as well as long-term
8 decisions on management, policy and operations.
9 (3) The SED owner(s) may delegate various areas of the management, policymaking
10 or daily operations of the business to persons who are not SED. Such delegations of
11 authority must be revocable, and the SED owners must retain the power to hire and
12 fire any such person. The SED owners must exercise control over the business's
13 operations, work, management and policies.
14 (4) The SED owner(s) must have an overall understanding of, and managerial and
15 technical competence, experience and expertise, directly related to the business's
16 operations and work. The SED owner( s) must have the ability to intelligently and
17 critically evaluate information presented by other participants in the business's
18 activities and to make independent decisions concerning the business's daily
19 operations, work, management, and policymaking.
20 (5) If any law requires the owners to have a particular license or other credential to
21 operate, own and/or control a certain type of business, then the SED owner(s) must
22 possess the required license or credential. If the law does not so require, that the
23 owner(s) lacks such license or credential is a factor in determining whether the SED
24 owner(s) actually controls the business.
25 (6) A SED owner cannot engage in outside employment or other business interests
26 that conflict with the management of the business or prevent the owner from devoting
27 sufficient time and attention to the affairs of the business to manage and control its
28 activities.
29
30 (d) Only an independent business may be certified as a S/MBE. An independent business is
31 one whose viability does not depend on its relationship with another business. Recognition of
32 an applicant as a separate entity for tax or corporate purposes is not necessarily sufficient to
33 demonstrate that a business is independent. In determining whether an applicant is an
34 independent business, the City manager will:
35 (1) Scrutinize relationships with non-S/MBEs in such areas as personnel, facilities,
36 equipment, financial and/or bonding support, and other resources.
37 (2) Consider whether present or recent employer/employee relationships between the
38 SED owner(s) of the applicant and non-SMBEs or persons associated with non-
39 5MBEs compromise the applicant's independence.
40 (3) Examine the applicant's relationships with non-SMBE prime Contractors to
41 determine whether a pattern of exclusive or primary dealings with a prime contractor
42 compromises the applicant's independence.
43 (4) Consider the consistency of relationships between the applicant and non-SMBEs
44 with normal industry practice.
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1 (e) In order to be certified as an 5MBE, a business must be a small business enterprise and
2 must have a physical location, in the City's contracting marketplace, from which it engages in
3 for-profit activities in the scope(s) of its expertise.
4 (f) An applicant shall be certified only for specific types of work in which the SED owner(s)
5 has the ability and expertise to manage and control the business's operations and work.
6 (g) The City shall certify the eligibility of joint ventures in which the joint venture
7 participant are 5MBEs and non-SMBEs.
8 (h) In lieu of conducting its own investigation to determine whether an applicant is eligible
9 for certification, the City may consider a formal certification by another entity to determine
10 whether the applicant meets the requirements of the program, provided that the City manager
11 determines that the certification standards of such entity are comparable to those of the City.
12 (i) Where federal or state law or regulations or any agreement between the City and a federal
13 or state agency requires different eligibility standards, the applicable federal or state standards
14 shall apply, including, if applicable, the regulations promulgated by the United States
15 Departments of Transportation and Housing for contracts involving federal funds. Where the
16 City is to receive, apply, administer, or use funds from the federal government or the state
17 government or any entity, agency, or grantee of either of them, if the City is required to apply
18 a disadvantaged business program or program whose purposes are to help ensure
19 opportunities for small businesses owned by socially and economically disadvantaged
20 persons, that other program, instead of this chapter, shall apply in the award and
21 administration of the contract.
22 G) The certification status of all 5MBEs shall be reviewed biannually by the City manager.
23 Failure of a 5MBE to seek recertification by filing the necessary documentation with the City
24 manager within ninety (90) days from the date of receipt of written notice shall result in
25 decertification.
26 (k) It is the responsibility of the 5MBE to notify the City manager of any change in its
27 circumstances affecting its continued eligibility for the program. Failure to do so within a
28 reasonable time of the change may result in the business's decertification.
29 (1) The City manager shall decertify a business that does not continuously meet the eligibility
30 criteria.
31 (m) A business whose average annual gross receipts exceed the size standards for SBEs for
32 three (3) consecutive years shall graduate from the program.
33 (n) The City manager may decertify a 5MBE that repeatedly fails to respond to requests for
34 quotations from bidders who timely solicit participation on a contract, attend relevant pre-bid
35 conferences, or honor bids in good faith.
36 (0) A business that has been denied certification or recertification or been decertified may
37 protest the denial or decertification as follows:
38 (1) Within (7) days of receipt of denial of certification or recertification, or notice of
39 intent to decertify, the business may protest such action in writing to the City manager.
40 (2) A hearing shall be held by the City manager at which the business may present
41 additional facts and evidence in support of its eligibility. The City manager shall
42 control all aspects of the hearing, including scheduling, conduct, witnesses, and
43 evidence, and may request the attendance of witnesses and production of documents.
44 The applicant's failure to comply promptly with these requests may be grounds for
45 denial of relief sought by the applicant.
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1 (3) The City manager shall send notice of the written decision to the business within
2 thirty (30) days of the hearing. The City manager's decision shall be final.
3 (P) A business found to be ineligible cannot apply for certification for one year after the
4 effective date of the final decision.
5
6
7 Sec. 2-207. Goals
8
9 (a) Annual goal. Small business partIcIpation goals will be set on a procurement by
10 procurement basis as set forth in this article. At the request of the City commission, but no
11 less than on an annual basis, the City Manager shall provide a formal report on small business
12 utilization and availability data to the City commission. Upon evaluating such data, the City
13 commission may establish or revise an annual participation goal for the next fiscal year.
14 (b) Annual budget detail. Each department shall, by no later than October 1, provide the
15 City Manager with its annual budget detail. The City Manager shall compile a prospective
16 procurement list based on the annual budget detail received from the individual departments
17 and make these listings available to the City Commission for their use and consideration in
18 establishing procurement goals and to SMDEs for the purpose of providing them with
19 advance notice of upcoming opportunities.
20 (c) Goals for procurements over twenty-five thousand dollars. Specific goals for each bid or
21 proposal shall be adopted on a procurement by procurement basis.
22 (1) Criteria for bid or proposal goal establishment. In setting bid or proposal goals,
23 the following factors shall be considered:
24 a. The type of work required;
25 b. The contracting and subcontracting opportunities for small businesses,
26 including support and ancillary services, and the number of certified small
27 businesses available in comparison with other registered vendors;
28 c. Past and current experience of the City in meeting its goal and the results
29 and reasons therefore; and
30 d. Special circumstances relating to the procurement including, but not
31 limited to, scheduling constraints.
32 (d) The department responsible for the procurement shall prepare a report that identifies its
33 various components. The report will be submitted to the City Manager outlining the potential
34 contracting and subcontracting opportunities and the estimated percentage that each bears to
35 the total bid, proposal, work authorization, or procurement. The report shall show the scope of
36 the work for each component that has potential for being subcontracted and the qualifications
37 required of the subcontractor to do the work if they are not evident in the scope of work. The
38 report shall also identify if the procurement has any other specific requirements such as may
39 be imposed by a federal/state grant. The report is forwarded to the City Manager.
40 (e) The City Manager then compares the report against the listing of certified small business
41 vendor database to determine the availability of small businesses qualified to do the work in
42 each potential subcontract component, reviews the listing of other vendors and calculates the
43 goal for each bid, proposal and work authorization. Upon calculating the goal, the City
44 Manager shall provide the completed a report, the list of qualified small business vendors and
45 the list of other vendors to the procurement official, the department responsible for the
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1 procurement, and all members of the goal setting team. The individual goal approved by the
2 City Manager shall become final.
3 (f) No individual procurement goal for small business participation may exceed 50 percent. If
4 there are no available certified small businesses for the procurement, no goal will be
5 established.
6 (g) The established goal shall be applied to the full monetary value of the procurement; no
7 portion of the procurement is exempt from consideration in determining whether the goal was
8 met or not.
9 (h) In case of a certified small business submitting a bid as a prime contractor, the small
10 business is credited with meeting the percentage of the procurement goal that the small
11 business will perform with its own forces plus the percentage of subcontractors awarded to
12 other certified small businesses.
13 (i) A single purpose joint venture or partnership consisting of a small business where the
14 small business owns and controls at least 51 percent of the entity and a non-small business,
15 functioning as a prime contractor, will be credited with small business participation on the
16 basis of percentage of ownership, participation in the work, risk and profit by the small
17 business.
18 (j) Bidders or proposers will receive credit for small business participation goal attainment
19 only for subcontractors who are certified and licensed, if required, in the specific area of
20 expertise for which credit is sought at the time of bid or proposal opening.
21 (k) Quotes for small procurements valued at $2,500.00 to $25,000.00. Whenever
22 practicable, the procurement official shall obtain quotes from small businesses when they are
23 listed on the computerized supplier lists by NIGP codes.
24 (I) Procurement card and other purchases valued at less than twenty-five hundred dollars.
25 The procurement official shall encourage the use of small businesses.
26 (m) For procurements using requests for proposals, the procurement official or, if applicable,
27 evaluation team established to evaluate the proposals, shall consider compliance with the
28 small business goals as a material criterion for selection, Le., such goals shall be given
29 significant weight.
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33 Sec. 2-208. Counting participation of 5MBEs.
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35 (a) 5MBEs that are owned by SED persons who are not blacks or women may be counted by
36 the bidder towards either 5MBE goal.
37 (b) The entire amount of that portion of a construction contract that is performed by the
38 5MBE's own forces shall be counted, as well as the cost of goods obtained or leased by the
39 5MBE for the work of the contract (except goods the 5MBE subcontractor or joint venture
40 partner purchases or leases from the prime contractor or its affiliate).
41 (c) The entire amount of fees or commissions charged by a 5MBE for providing a bona fide
42 service, such as professional, technical, consultant or managerial services, or for providing
43 bonds or insurance specifically required for the performance of a contract, shall be counted,
44 provided the fee is reasonable and not excessive as compared with fees customarily charged
45 for similar services.
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1 (d) When a 5MBE performs as a participant in a joint venture, only the portion of the total
2 dollar value of the contract equal to the distinct, clearly defined portion of the work of the
3 joint venture's contract that the 5MBE performs with its own forces and for which it is
4 separately at risk shall be counted.
5 (e) Only expenditures to a 5MBE that is performing a commercially useful function shall be
6 counted. To determine whether a business is performing a commercially useful function, the
7 City will evaluate the amount of work subcontracted, industry practices, whether the amount
8 the business is to be paid under the contract is commensurate with the work it is actually
9 performing and other relevant factors. To perform a commercially useful function, the 5MBE
10 must be responsible, with respect to goods used on the contract, for negotiating price,
11 determining quality and quantity, ordering the goods, installing (where applicable) and paying
12 for the goods itself. A 5MBE does not perform a commercially useful function if its role is
13 limited to that of an extra participant in the contract through which funds are passed in order
14 to obtain the appearance of 5MBE participation. If a 5MBE subcontracts a greater portion of
15 the work of a contract than would be expected on the basis of normal industry practice, it is
16 presumed not to perform a commercially useful function. When a 5MBE is presumed not to
17 be performing a commercially useful function, the 5MBE may present evidence to rebut this
18 presumption at a time and manner as determined by the City manager.
19 (f) One hundred (100) percent of the cost of the goods obtained from a 5MBE manufacturer
20 or regular dealer shall be counted. "Manufacturer" means a business that operates or
21 maintains a factory or establishment that produces, on the premises, the goods required under
22 the contract. "Regular dealer" means a business that owns, operates, or maintains a store,
23 warehouse, or other establishment in which the goods of the general character described by
24 the specifications or required under the contract are bought, kept in stock, and regularly sold
25 or leased to the public in the usual course of business. To be a regular dealer, the business
26 must be an established business that engages, as its principal business and under its own
27 name, in the purchase and sale or lease of the goods. Packagers, manufacture representatives,
28 or other persons who arrange or expedite transactions are not regular dealers.
29 (g) One hundred (100) percent of the fees for the delivery of goods required on a job site
30 shall be counted only if the payment and amount of such fees are customary in the applicable
31 industry. The cost of the goods shall not be counted towards the fees.
32 (h) If a 5MBE is decertified during its performance of a contract, the dollar value of work
33 performed after it has ceased to be certified shall not be counted.
34 (i) In determining achievement of project specific goals, the participation of a 5MBE shall
35 not be counted until that amount has been paid to the 5MBE.
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38 Sec. 2-209. Contract pre-award compliance procedures.
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40 (a) The City manager may prequalify all bidders or proposers based upon their efforts to
41 meet program objectives prior to the solicitation of bids for construction contracts with an
42 estimated contract amount over two hundred thousand dollars ($200,000.00) and proposals for
43 professional services contracts with an estimated contract amount over thirty thousand dollars
44 ($30,000).
45 (1) The City manager shall evaluate the bidder's or proposer's past, current and future
46 activities and achievements in utilizing M/WBEs on City projects and private sector
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1 projects, and its recruitment, retention and promotion of minority and women
2 employees and other relevant information.
3 (2) The City manager may refuse to prequalify a bidder or proposer.
4 (3) The City manager's denial of pre qualification may be appealed to the City council
5 in writing within seven (7) days of receipt. The City council's decision shall be final.
6 (4) That a bidder or proposer is denied prequalification on a contract does not
7 prohibit it from seeking to prequalified on future contracts.
8 (5) A prequalified bidder or proposer must make good faith efforts to meet project
9 specific goals.
1 0 (b) In all solicitations for which project specific goals have been established, the bidder shall
11 submit a participation plan when required by the City manager detailing all subcontractors
12 from which the bidder solicited bids or quotations and its achievement of the project specific
13 goals or its good faith efforts to do so. The plan shall be submitted in accordance with the
14 schedule and instructions required by the City manager. If the bidder fails to achieve the
15 project specific goals, documentation of its good faith efforts to do so is due at the time
16 specified in the solicitation. The list of 5MBES provided by the City to a bidder establishes
17 the universe from which a bidder must solicit 5MBEs.
18 (c) Any agreement between a bidder and a 5MBE in which the bidder requires that the
19 5MBE not provide subcontracting quotations to other bidders is prohibited.
20 (d) 5MBEs shall respond to relevant requests for quotations.
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23 (f) In determining whether a bidder has made good faith efforts, the performance of other
24 bidders in meeting the project specific goals may be considered.
25 (g) A signed letter of intent from all listed 5MBEs describing the work, including goods and
26 services to be performed or provided by the 5MBE and the agreed upon dollar value for bids
27 or percentage of professional services pursuant to a request for proposals or description of the
28 services to be rendered pursuant to a request for qualifications shall be due in accordance with
29 the City manager's instructions.
30 (h) The City manager shall review the participation plan prior to award, including the scope
31 of work and the letters of intent from 5MBEs. The City manager may request clarification in
32 writing of items listed in the participation plan, provided such clarification shall not include
33 the opportunity to augment listed 5MBE participation or good faith efforts.
34 (i) If the City manager determines that the participation plan demonstrates that the project
35 specific goals have been achieved or good faith efforts were made, or that award is in the best
36 interest of the City, then the City manager shall recommend award to the City council.
37 G) If the City manager finds that a bidder did not make good faith efforts, the City manager
38 shall send notice ofthe finding to the bidder.
39 (1) The bidder shall have seven (7) days from receipt of the notice to notify the City
40 manager of its request for a hearing.
41 (2) The City manager shall hold a hearing within fourteen (14) days, and shall control
42 all aspects of the hearing, including scheduling, conduct, witnesses, and evidence, and
43 may request the attendance of witnesses and production of documents. The bidder's
44 failure to comply promptly with these directions and orders may be grounds for denial
45 of the relief sought.
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1 (3) The City manager shall send notice to the bidder of the written decision on the
2 appeal within fourteen (14) days ofthe hearing. The City manager's decision shall be
3 final.
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5 Sec. 2- 210 Good faith efforts.
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7 (a) Contractors submitting bids or proposals to provide goods, services and construction to
8 the City shall attempt to comply with small business participation goals. In the event the goals
9 are not achieved, the contractor must include with its bid evidence of good faith efforts to
10 achieve the goals. A bidder or proposer may still be selected subject to the provisions of this
11 article, and the City shall consider the following criteria in determining good faith efforts:
12 (1) Attendance at the pre-bid conference, if held;
13 (2) Whether and when the contractor provided written notice to all certified small businesses
14 that perform the type of work to be subcontracted appearing on the listings by commodity
15 codes established by NIGP as published by the City Manager and advising the small
16 businesses:
17 a. Of the specific work the contractor intends to subcontract;
18 b. That their interest in the contract is being solicited; and
19 c. How to obtain information for the review and inspection of contract plans and
20 specifications;
21 (3) Whether the contractor selected feasible portions of work to be performed by small
22 businesses, including, where appropriate, dividing work elements in any manner that
23 maximize the opportunity for small business participation. The ability of the contractor to
24 perform the work with its own work force will not in itself excuse a contractor from making
25 positive efforts to meet goals for small business participation on the contract;
26 (4) Whether the contractor considered all quotations received from small businesses, and for
27 those quotations not accepted, the contractor shall provide a written explanation of why the
28 small business will not be used during the course ofthe contract. Receipt of a lower quotation
29 from a non-small business will not in itself excuse a contractor's failure to meet project goals;
30 (5) Whether the contractor provided interested small businesses assistance in reviewing the
31 contract plans and specifications;
32 (6) Whether the contractor assisted interested small business businesses in obtaining
33 information regarding required bonding, lines of credit or insurance if such assistance was
34 necessary;
35 (7) Whether the contractor advertised the subcontracting opportunities in publications of
36 general circulation, trade associations, and small business focused media;
37 (8) Whether the contractor followed up initial solicitations of interest by contacting small
38 businesses to determine with certainty whether the small business was interested;
39 (9) Whether the contractor negotiated in good faith with interested small businesses, based
40 on a reasonable investigation of their capabilities;
41 (10) Whether the contractor effectively used the services of available small business
42 associations (community organizations, contractors business groups); local, state and federal
43 small business assistance offices; and other organizations that provide assistance in the
44 recruitment and placement of small business businesses;
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(11) Whether the contractor has utilized small business subcontractors on other (City and
private sector) contracts within six months preceding the date of the specific contract under
consideration;
(12) Whether the contractor's efforts were merely pro forma, given all relevant
circumstances, and could not reasonably be expected to provide sufficient small business
participation to meet the goals.
(b) This list is not intended to be all inclusive, and the City will consider the quality,
quantity, intensity and timeliness of the contractor's efforts. The City Manager shall develop
procedures and clarifications which provide objective guidelines pertaining to the criteria for
determining of good faith efforts.
(c) It is the responsibility of the contractor to exercise good faith efforts. Any act or omission
by the City shall not relieve the bidder or proposer of this responsibility.
Sec. 2- 211 Contracts
The following shall be included in the body of the contract with the City for the provision of
goods, services, and construction:
(1) A provision indicating that this article is incorporated by reference.
(2) A requirement that the contractor shall comply with the commitment to use small
businesses made in their proposal or bid. Small businesses that no longer remain associated
with the contract of the contractor shall be replaced with other certified small businesses
unless approval to the contrary is granted by the City Manager manager.
(3) A requirement to maintain relevant records and information necessary to document
compliance with this article and to permit the City to inspect and audit such records.
(Code 1979, ~ 2-462)
Sec. 2-212
Contract performance compliance procedures.
(a) The Finance Department will establish procedures for monitoring and evaluating
program performance and compliance. Failure to comply with the small business
requirements of an awarded contract may result in suspension or debannent of the businesses
or individuals involved in accordance with all applicable articles. Contracts shall provide that
the participation plan is binding on the contractor. Project specific goals become elements of
performance by the contractor in favor of the City.
(b) The contractor shall provide a listing of all subcontractors to be used in the performance
of the contract, and subcontractor payment information to the City with each request for
payment submitted to the City. The director and the user department shall monitor
subcontractor participation during the course of the contract and shall have reasonable access
to all contract-related documentation held by the contractor relevant to the contract.
(c) After the City and the contractor have executed the contract, the contractor shall not
make changes to the participation plan or substitute 5MBEs named in the participation plan
without the prior written approval of the City manager. Unauthorized changes or substitutions
shall be a violation of this chapter, and may constitute grounds for rejection of the bid or
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1 proposal, termination of the contract for breach, the withholding of payment and/or subject
2 the contractor to contract penalties or other sanctions. When a change is requested:
3 (1) All requests for changes or substitutions of the subcontractors named in the
4 participation plan shall be made to the City manager on a form provided or approved
5 by the City, and shall clearly and fully set forth the basis for the request. A contractor
6 shall not substitute a subcontractor or perform the work designated for a subcontractor
7 with its own forces or with any other subcontractor unless and until the City manager
8 approves such substitution in writing. A contractor shall not allow a substituted
9 subcontractor to begin work until both the director and the City's project manager have
10 approved the substitution.
11 (2) The facts supporting the request must not have been known nor reasonably should
12 have been known by either party prior to the submission of the participation plan. The
13 contractor must negotiate with the subcontractor to resolve the problem. If requested
14 by either party, the City shall facilitate such a meeting. Where there has been a
15 mistake or disagreement about the scope of work, the 5MBE can be substituted only
16 where an agreement cannot be reached on commercially reasonable terms for the
17 correct scope of work.
18 (3) The City manager shall allow changes or substitutions of the subcontractor only
19 on the following bases:
20 a. Unavailability after receipt of reasonable notice to proceed;
21 b. Failure of performance;
22 c. Financial incapacity;
23 d. Refusal by the subcontractor to honor the bid or proposal price or
24 qualifications description;
25 e. Mistake of fact or law about the elements of the scope of work of a
26 solicitation where agreement on commercially reasonable terms cannot be
27 reached;
28 f. Failure of the subcontractor to meet insurance, licensing or bonding
29 requirements; or
30 g. The subcontractor's withdrawal of its bid or proposal or qualifications
31 description.
32 (4) The City manager shall give written notice to the contractor and the affected
33 subcontractor of the decision whether to permit or deny the proposed change or
34 substitution.
35 (5) Where the contractor has established the basis for the substitution to the
36 satisfaction of the City manager, or if the City requires the substitution of a
37 subcontractor listed in the participation plan, the contractor shall make good faith
38 efforts to fulfill the participation plan. The contractor may seek the assistance of the
39 City in obtaining a new 5MBE subcontractor. If the project specific goal(s) cannot be
40 reached and good faith efforts have been made, the contractor may substitute with a
41 non-SMBE.
42 (d) If a contractor plans to hire a subcontractor on any scope of work that was not previously
43 disclosed in the participation plan, the contractor shall obtain the approval of the City
44 manager to modify the participation plan and must make new good faith efforts to ensure that
45 5MBEs have a fair opportunity to bid on the new scope of work.
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(e) Changes to the scopes of work shall be documented by the user department at the time
they arise, to establish the reasons for the change and the effect on achievement of the 5MBE
goals.
(f) If the City manager determines that the contractor has failed to comply with the
provisions of the contract, the City manager shall notify the contractor in writing of the
deficiencies. The contractor shall have fourteen (14) days, or such time as specified in the
contract, to cure the deficiencies or establish that there are no deficiencies. If the deficiencies
are not cured, the City shall have the right to take all lawful actions.
Sec. 2-213
Contract language required
Every contract let by the City for the performance of work shall contain a provision
requiring the prime contractor to certify in writing that all small business subcontractors, sub-
consultants, and suppliers have been utilized in accordance with the participation levels
provided by the prime contractor at the time of contract and have been paid for work and
materials from previous progress payments received, less any retainage, prior to receipt of any
further progress payments. During the contract and upon completion of the contract, the City
shall require documentation from the prime contractor to certify utilization and payment to
small business subcontractors, sub-consultants or suppliers. This provision in no way creates
any contractual relationship between any subcontractor, sub-consultant, or supplier and the
City or any liability on the City for the contractor's failure to make timely payment to the
subcontractor, sub-consultant or supplier.
Sec. 2-214 Penalties.
(a) The following violations of this chapter are unlawful and may be prosecuted as a
misdemeanor.
(1) Providing false or misleading information to the City in connection with an
application for or challenge to certification, recertification or decertification as a
5MBE.
(2) Providing false or misleading information to the City in connection with
submission of a bid, responses to requests for qualifications or proposals, good faith
efforts documentation, post-award compliance or other program operations.
(3) Substituting 5MBE subcontractors without prior approval.
(4) Committing any other violations of this chapter.
(b) A contractor is subject to withholding of payments under the contract, termination of the
contract for breach, contract penalties, decertification as a 5MBE, or deemed non-responsive
or not responsible in future City solicitations and contract awards, if it is found to have:
(1) Provided materially false or misleading information in connection with this
chapter, an application for certification or recertification.
(2) Provided false or misleading information in connection with the submission of a
bid or proposal or documentation of good faith efforts, post-award compliance, or
other program operations.
(3) Failed in bad faith to fulfill project specific goals, thereby materially breaching
the contract.
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(4) Repeatedly failed to comply in good faith with substantive provisions of this
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Sec. 2-215
5MBE Program advisory board.
(a) The City may appoint a board to advise City Commission on the program and to review
proposed changes to this article and make recommendations to the City Commission for
modification of the program.
(b) The advisory board membership shall be appointed by City Commissioners. The City
Manager shall serve ex officio.
(c) Members shall serve two-year, staggered terms.
(d) Membership shall be composed of the following:
(1) Two (2) 5MBE construction business owners or representatives of disadvantaged,
minority or women construction trade associations.
(2) One (1) non-SMBE construction business owner or representative of general or
subcontracting construction trade associations.
(3) Two (2) 5MBE professional services business owners or representatives of
disadvantaged, minority or women professional services associations.
(4) One (1) non-SMBE professional services business owner or representative of
professional services associations.
(5) One (1) 5MBE non-professional services or commodities business owner or
disadvantaged, minority or women trade association.
(e) Each member shall serve without compensation and may be removed by the City
Commission without cause. All members must be residents of Palm Beach County and
preference shall be given to residents of the City.
(f) A chair and vice-chair shall be elected by a majority vote of the small business board and
shall serve for a term of one year. The duties of the chair shall be to preside at small business
board meetings. The vice-chair shall perform the duties of the chair in the chair's absence.
(g) Meetings of the small business board shall be held at the call of the chair or according to
a meeting schedule adopted by the board. Four members of the small business board shall
constitute a quorum and a majority of the quorum shall be sufficient to take action. The small
business board shall adopt such rules for its operation, meetings and proceedings as it deems
desirable.
Sec. 2-216
Annual Program review.
(a) The City Manager shall make an annual report to the City Commission, detailing the
City's performance under the program department by department for the preceding fiscal year.
(b) The City Commission will review this report, including the annual participation goals
and the City's progress towards meeting the annual participation goals and eliminating
discrimination in its marketplace, and revise the program as necessary to meet legal and
program requirements.
(c) If the City Commission finds that the objectives of the program have been achieved, the
City Commission, by super-majority vote may discontinue the program.
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Sec. 2-217
Notice.
All notices required or allowed by this chapter shall be in writing and shall be given either by
personal delivery, fax, or United States mail, addressed to the last-known address ofthe
addressee. The notice shall be deemed given at the time of actual delivery, if it is personally
delivered or sent by fax. If sent by United States mail, it shall be deemed given upon the third
calendar day following the day on which it is deposited with the United States Postal Service.
Sec. 26-218 Severability.
If any section, subsection, clause, or provision of this chapter is held to be invalid by a court
of competent jurisdiction, the remainder of the chapter shall not be affected by such
invalidity.
Sec. 26-219 Waiver
(a) Whenever an emergency procurement is authorized by the City Manager pursuant to the
procurement code, the requirements of this article shall be deemed waived.
(b) Whenever the procurement official makes a single source determination pursuant to the
procurement code, the requirements of this article shall be deemed waived.
(c) The City Manager may waive compliance with this article if such compliance is no
longer possible or practicable during the period of performance of the contract.
Sec. 26-220 Limitation of Remedy
In the event of a challenge to the granting of any contract to a 5MBE by any other party, the
challenging party the sole remedy to the challenging party shall be the costs the challenging
party incurred in preparing its bid or proposal.
Section 3. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provision of this ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5.
Section 6.
Authority is hereby given to codifY this Ordinance.
This Ordinance shall become effective immediately.
FIRST READING this _ day of
, 2006.
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2 SECOND, FINAL READING AND PASSAGE this _ day of , 2006.
3 CITY OF BOYNTON BEACH, FLORIDA
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6 Mayor - Jerry Taylor
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9 Vice Mayor - Carl McKoy
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12 Commissioner - Robert Ensler
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16 Commissioner - Mack McCray
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19 Commissioner - Muir C. Ferguson
20 ATTEST:
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24 City Clerk
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27 (Corporate Seal)
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