Agenda 03-05-07
The City of
oynton Be ch
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
March 5, 2007
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
DISTRI T I
Mack McCray
Commissioner - District II
Jose Rodriguez
Commissioner - District III
Carl McKoy
Commissioner - District IV
Kurt Bressner
City Manager
James Cherot
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES &. PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. If
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
March 5, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Greg Fitch - Police Chaplain
C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Community Caring Center of Boynton Beach Week - March 18-24,
2007
2. Presentation by Sherry Johnson, Executive Director of the Community
Caring Center, entitled "Creating a Healthier Community" Initiative.
Agenda
Regular City Commission
Boynton Beach, FL
March 5, 2007
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3)
IV McKoy Cemetery Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Code Compliance Board Alt 1 yr term to 4/07 Tabled (3)
I Weiland Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Community Relations Board Reg 3 yr term to 4/08
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
I Weiland Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Education and Youth Advisory Board Reg 2 yr term to 4/07
Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (3)
IV McKoy Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (2)
Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/07 Tabled (2)
Weiland Veterans Advisory Commission Reg 3 yr term to 4/07
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. Commission/CRA Workshop -- Affordable Housing - January 30/ 2007
2. Agenda Preview Conference -- February 9, 2007
3. Regular City Commission -- February 13, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
2
Agenda
Regular City Commission
Boynton Beach, FL
March 5, 2007
1. Approve the emergency repair work performed by Chaz Equipment
Engineering Contractor of Wellington, FL in the amount of $23,108.75 to
repair and rehabilitate a wet well at Lift Station #516 which was sinking;
and Uretek ICR LLC of Lakeland, FL in the amount of $18,385.50 for soil
stabilization work at the site, for a total of $41/494.25.
2. Approve the negotiation of a contract with APPLIED TECHNOLOGIES &
MANAGEMENT, Inc. of West Palm Beach, FL., RFQ# 021-1210-07 JOD
"FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH
(BOYNTON) INLET.
3. Approve a multi-award by manufacturer with primary, secondary, third and
some fourth place vendors, BID #026-1412-07jOD - "ANNUAL CONTRACT
FOR AUTOMOTIVE AND SMALL TRUCK PARTS AND ACCESSORIES" to the
lowest, most responsive and responsible bidder. The estimated
expenditure will be $95,000.
4. Award the "ANNUAL SUPPLY OF POL YPHOSPHATE TYPE CORROSION
INHIBITORS", Bid #019-2821-07jJA, to Shannon Chemicals of Malvern,
Pennsylvania for an estimated annual expenditure of $45,000.
5. Award a "TWO-YEAR AGREEMENT FOR SUPPPLY AND INSTALLATION OF
WATER SERVICE CONNECTIONS & RESTORATION", Bid #027-2821-07jJA
to LINE- TEC, INC. of Boynton Beach, FL for an estimated annual
expenditure of $350,000.
C. Resolutions
1. Proposed Resolution No. R07-021 RE: Approving and
authorizing execution of a two-year service and support agreement with
TelVue Virtual Television Networks (TVTN) to remotely organize, update
and maintain the City's public access television station at no cost to the
City. (Tabled to March 5, 2007)
2. Proposed Resolution No. R07-030 RE: Approving and
supporting the Community Redevelopment Agency's application to the
Waterfronts Florida Partnership for the Boynton Beach marina to be
designated as a "Waterfronts Florida" Community.
3. Proposed Resolution No. R07-031 RE: Approving and
authorizing execution of an Agreement for Water Service Outside of the
City Limits with Turtle Cove LLC for a 3.04 acre parcel of land located in the
utilities service area, approximately 1,000 feet west of Military Trail along
Hypoluxo Road.
3
Agenda
Regular City Commission
Boynton Beach, FL
March 5, 2007
D. Approve the purchase of updated computer and software to interface with existing
CrossMatch ID500 Fingerprint scanner to allow for creation of digital fingerprints to
submit electronically to the Florida Department of Law Enforcement.
E. Approve the "Surplus Vehicle List" as submitted by Pubic Works/Fleet Maintenance
and allow for the sale of same.
F. Approve the "Surplus Equipment List" as submitted by the Golf Course and allow for
the sale of same.
G. Approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT 1", a PUD Record
Plat, conditioned on the approval being the certification of the plat documents by
H. David Kelley, Jr. (City Engineer and Surveyor and Mapper).
H. Accept the City of Boynton Beach FY2005-2006 Annual Grants Report.
I. Assign City's interest in the Marina Village 2nd Amended Mediation Agreement to
the CRA.
J. Authorize Vice Mayor Jose Rodriguez to participate and serve as the City
Commission's representative on the Youth Violence Prevention Project Steering
Committee.
K. Authorize the use of $1,500 for Boynton Beach Symphony Orchestra, $3,000 for
Community Caring Center and $1,000 for Dancer's Alchemy from Commissioner
Weiland's Community Investment Funds.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A. Public Hearing to approve the Proportionate Fair-Share Mitigation Program (CDRV
07-001) - (1st Reading of Proposed Ordinance No. 07-006) Re: Amending
Chapter 1.5, Article VI. Concurrency Requirements of Land Development
Regulations, to comply with new growth management legislation directing local
governments to adopt a methodology for assessing proportionate fair-share
contributions from developers to meet traffic concurrency requirements for local
roads.
IX. CITY MANAGER'S REPORT:
A. Feasibility of Saturday hours for the Building Division
4
Agenda
Regular City Commission
Boynton Beach, FL
March 5, 2007
XI. NEW BUSINESS:
A. Landfill Study Update
B. Status report on City/CRA/Developer Negotiations for MLK Corridor
C. Discussion of Local Lobbyist Registration Ordinance
D. Amendment to City Code to Require Extra-Ordinary Vote for Dissolution of CRA
X. FUTURE AGENDA ITEMS:
A. Presentation by BB High School Principal (March 20, 2007)
B. Strategy Report Regarding latest Report on Crime Increases in Boynton Beach.
(March 20, 2007)
C. Water, Sewer and Stormwater Rate Study Report (April, 2007)
D. Update of Recreation and Parks Strategic Plan (April, 2007)
E. Revision of Fire Codes (April 17, 2007)
F. Ordinance to allow a new Commissioner, appointed or elected, to remove any
board members that were appointed by his/her predecessor, within 30 days.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-002 RE: Amending
Ordinance 05-060 to provide that the art fee does not apply to projects
which had applications pending on or before October 5/ 2005; providing
that the 30% of the 1% (.03) Public Art fee is collected by the Building
Department at time of Building Permit issuance and the 70% of the 1%
(.07) prior to and as a condition of issuance of the certificate of
occupancy which includes the Public Art. (Tabled to March 5,
2007)(Request to table to April 3, 2007)
2. Proposed Ordinance No. 07-005 RE: Amending the
Land Development Regulations, Chapters 5/ 6 & 7 to clarify that all public
and private development projects are subject to surety requirements.
5
Agenda
Regular City Commission
Boynton Beach, FL
March 5, 2007
C. Ordinances - 1st Reading
None
D. Resol utions:
None
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 MATTER 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 AcnVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR AcnVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA 3/02/20072:30 PM
S:\CC\WP\CCAGENDA\AGENDAS\Year 2007\030507 Revised First Draft.doc
6
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December] 8, 2006 (Noon) C2J
0 January 16,2007 January 2, 2007 (Noon) 0
0 February 13, 2007 January 22, 2007 0
Requested City Commission
Meeting Dates
March 5, 2007
March 20, 2007
April 3, 2007
NATURE OF
AGENDA ITEM
C2J Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
RECOMMENDATION: Present Proclamation
Date Final Form Must be Turned
in to City Clerk's Office
February 12,2007 (Noon)
March 5, 2007 (Noon) CJ
0 CJ:::j
March 19,2007 (Noon) -.J =i-<
.." -<0
F'T1
CXJ ()"
'CO
0 City Manager's Report W ''10
~:1
:::<~
0 New Business :t:a .-
U)-l
3: 0
0 Legal C? r::> -..
~;
0 Unfinished Business N 2:l",
'"';t:-
O 0 mn
::I:
EXPLANA TION: The Community Caring Center has requested a proclamation declaring March 18-24, 2007, as Community
Caring Center Week. The CCC was organized by the Boynton Beach Ministerial Alliance in 1987 and provides assistance to
those within the greater Boynton Beach area who are in need of food, shelter and other services.
FISCAL IMPACT: None
PROGRAM IMPACT: This presentation will help raise public awareness of the CCC's mission.
AL TERNA TIVES: Not present Proclamation
4~"'~. ~ _~~~
Departmen ead's S' ature
Public Affairs
Assistant to City Manager CIM /'
City Attorney / Finance
Department Name
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
WHEREAS, the Community Caring Center of Boynton Beach has been actively assisting
the hungry and the needy of our community since September 1987, alleviating the suffering of single
mothers, the unemployed, transients, and others who find themselves on the margin of society; and
WHEREAS, the religious community, as well as individual citizens of Boynton Beach, have
recognized the charitable work of the Community Caring Center in providing emergency shelter, groceries,
and other resources; and
WHEREAS, the Community Caring Center of Boynton Beach has made a difference in the
lives of those who needed that extra help to keep their family together, or to react to an emergency situation
that could result in the loss of a home or the lack of a meal.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim March 18-24, 2007 as
"COMMUNITY CARING CENTER OF BOYNTON BEACH WEEK"
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 5th day of March in the Year 2007.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
[II,-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORLvl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20, 2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) ~ March 5, 2007 February 12,2007 (Noon)
D January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
D February 13, 2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon)
~ Announcements/Presentati ons 0 City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda D Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Permit presentation.
EXPLANA TION: The Boynton Beach-based Community Caring Center has developed a "Creating a Healthier Community"
initiative, which seeks to address health and economic conditions in the Heart of Boynton area through the creation of a non-
profit grocery store and business incubator for grocery store components. Center staff has been working with the University of
Florida and the County Extension Program to introduce a financing plan called "The Fresh Food Financing Initiative" to the
state legislature. The Community Caring Center is seeking City support to assist in getting this initiative on the state's agenda.
The Community Caring Center was organized by the Boynton Beach Ministerial Alliance in 1987 and provides assistance to
those within the greater Boynton Beach area who are in need of food, shelter and other services.
PROGRAM IMP ACT: This presentation will help to raise public awareness of this initiative
FISCAL IMPACT: None to the City. The Center is hoping that this initiative will have a positive impact on the City's
economy.
ALTERNATIVES: Not pennit presentation.
0~~/~ ~ Ae~~
epartment ,d's Si re
Ci Manager's Signature
Assistant to City Manager ~
Public Affairs
Department Name
City Attorney I Finance
S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.~~
~
"Creating a Healt11ier COlnmunity" Initiative
Community Caring Center of Boynton Beach, Ine,
City Commission Presentation
March 5, 2007
Table of Contents
Background
Problem
Action is Needed
Conclusion
Acknowledgements
Attachments
Benefits of Ownership, incubator, visual
aide
Fresh Food Financing Initiative
3
4
6
6 - 7
8
9-10
1 - 5
"CREATING A HEAL1'HIEH COMMUNITY" INI1'I.\1'111
Background Founded m 1987. the Community Caring Center of
Boynton Beach. Inc.' s. ("'CCC"), primary focus has
been hunger, the issues preventing clients from
accessing healthy, nutritious, and affordable food, and the resulting nutritional
and economic impact on the lives of families and children. CCC has provided an
emergency food pantry for twenty (20) years: has been a host site for a food
distribution program called SHARE (Self Help and Resource Exchange) for
twelve (12) years; a member of Palm Beach County's Food Alliance and
participated in the 1 2004 Palm Beach County Hunger Survey (a collection of
data concerning hunger in Palm Beach County): is a board of director member
of the Boynton Beach Planned Approach to Community Health (PATCH)
creating a "Wellness Center" in Boynton Beach; teaches child nutrition
education at the Treasure Chest Early Learning Center using 2 Dole's "5 A Day"
curriculum; and is trained to teach nutrition cooking using -' "The Happy
Kitclten/LaCocina Alegre" method, a project of the Sustainable Food Center
located in Austin, Texas.
CCC recently conducted a study. funded by the Forrest C. Lattner
Foundation, on the nutritional evaluation of its SHARE program's food products
and its compatibiiity with ciient's dietary needs. CCC intervievved III of its 274
SHARE participants. It found that two-thirds of its participants were elderly and
suffered from nutrition related diseases: 9% hypertension, 32% diabetes, 18%
high blood pressure, 9% high cholesteroL and 32% heart disease. The majority
indicated that they felt the food was affordable. stretched their dollars and was
compatible with their approach to control their nutrition related diseases through
dietary mean in conjunction with their medication.
CCC has been able to expand its food programs to include USDA
products, meats from local grocers, and fresh produce from gleaning programs.
It now provides $300.000 of food to approximately 2,400 families each year.
CCC also addresses the nutritional and cultural needs of the community in its
emergency food programs in addition to providing affordable food program
options like SHARE. However, the need is much greater and requires a public
private partnership on a multi-level sector approach.
PAGE 3
"CREATING A HEALTHIER COMMUNITY" INITIATIVE
Problem Poor diet and lack of exercise are currently the object of
a great deal of media coverage, commercial marketing,
discussion and debate throughout American society.
Socioeconomic status is probably the greatest determinant of a person's ability to
maintain a healthy diet and get exercise.
The 2004 PBC Hunger Survey sited "insufficient funds" as the primary
reason that Palm Beach County households were food insecure (hungry). Palm
Beach County residents were not only hungry but they were double that of the
national average of households with the same income levels. In addition,
children living in Palm Beach County were three times the national average to .
NOT know where their next meal was coming from. CCC serves 1,638 of those
children. After calculating fixed costs such as health insurance, rent, utilities,
childcare and transportation, there were few if any discretionary funds left for
low-income households to spend on food. Respondents to the survey sighted
low-paying jobs, high utility bills, transportation problems and disabilities as
reasons.
The 4 Joint Center for Political and Economic Studies/PolicyLink
indicates that diet and nutrition related diseases disproportionately affect people
of color. This is particularly of concern for African Americans and Latinos, Not
only are the obesity rates for this group high, their rates are growing faster than
among whites, Mrican Americans have had a consistently higher rate of diabetes
than whites, as well as, disparities in heart disease that includes a premature
mortality due to heart disease.
CCC assists clients by providing medication vouchers to pay for
prescriptions, obtaining prescription drug assistance, applying for Medicaid and
Healthcare District assistance, registering for mammograms, providing financial
assistance to pay rent, mortgages, and utility bills, providing Palm Tran bus
passes, applying on-line for food stamps, providing job placement referrals,
providing hurricane preparedness and recovery programs, and providing food
programs. In order to better advocate for those that come to the CCC for
assistance not only does staff document the need, income, household size, and
ethnicity, but tracks the underlying reason: employment, domestic issues, &
PAGE 4
" C REA T I 'oJ G A H E A L l' H 1 F R C () ,\\ ,\\ U " 1 l' \" I NIT 1 .'\ l' ! 1 I
health issues. Programmatic expansion in the last three (3) years to included
frail/elderly care giving, and hurricane preparedness/response as provided
additional community health data. The resulting data collected by CCC is a
compilation providing detail and insight as to the health condition of the
conununity it serves.
There are 4,498 people served by CCC that are elderly, working pOOL
and single moms with children who have limited means of transportation. CCC's
clients make daily food choices that have a compromising affect on their health
largely due to a lack of understand and limited "opportunity structures" such as
sustainable food centers that provide fresh and affordable food. The result is an
increase in demand for food and financial assistance.
Of the CCC clients requesting financial aid each year, 55% of those
clients have been debilitated due to health related issues. For 28% of that group,
the health related issues are nutrition related diseases, i.e, some cancers, high
cholesterol and blood pressure, heart disease, and diabetes.
The lack of affordable nutritious food has had a tremendous economic
impact on the community resulting in the lack of productivity, increases in
PAGE 5
"CREATING A HEALTHIER COMMUNITY" INITIATIVE
healthcare costs, increased demands for social services, and large numbers of
children living in poverty. This cycle of impoverishment will continue to
economically impact this community until a "healthier community" initiative is
addressed as a collective whole from all sectors.
CCC began to track the data and understand
Action Is Needed
it's relationship to the economic impact of a
community in terms of loss of productivity and
increases in healthcare costs. After two years of hurricane activity and inflating
housing markets, there has been a substantial increase in the demands for social
services, including the emergency food pantries. What was nonnally an
"emergency" food resource, the pantry has become a sustaining food center for
increasing numbers of working families.
CCC's response so far has been three-fold: 1) to change the quality and
nutritional value of food offered from its food pantry, to include fresh, locally
grown produce, adequate amounts of protein, sugar-free and low-salt selections,
and whole grain items; 2) to support the efforts of the Boynton Beach Planned
Approach to Community Health (PATCH) program to create a "Wellness
Center"; and 3) to address prevention by educating and equipping the
community to begin to break the cycle of poverty imposed by nutrition related
diseases. However, much more needs to be more done,
Eliminating nutrition and health care activity related to disparities
requires a multiple level approach. To create a health-promoting community
environment, it must include public and private support from all sectors,
including industry, commerce, health care, transportation, policy, and medial
advertising.
Conclusion CCC is looking to partner with these sectors by
helping to address the health and economic
conditions ofthis community. As a result,
CCC is taking steps towards "Creating a Healthier Community" by creating a
not-for-profit grocery store. It is a 5-year program that begins by creating
awareness, educating the community, involving the faith community with Dole's
PAGE 6
"CREATING A HEALTHIER COMMUNI1'l" l"I1'IATI\1
"5 A Day - Body & Soul. " supported by Tom Joiner of "Black America," and
creating a business incubator. The incubator will include entrepreneurs interested
in catering, gardening, cafe's, bakeries, green market, fish & meat markets, and
nutrition & culinary classes.
CCC has established a steering committee conslstmg of a grocery
manager, food co-operative, land planner, realtor and construction estimator,
attorney, nutritionist/physician, faith community leaders. local business
representative, and local growers. CCC is in partnership with PBC's Economic
Development Department, the Department of Agriculture, PBC Extension, and
the University of Florida who are providing technical assistance with our
business plan, financing efforts, and legislative reforms required to bring these
efforts to fruition.
Financing is key. CCC has taken steps to introduce a financing initiative
called 5 "The Fresh Food Financing Initiative" to the State of Florida
legislature. The Fresh Food Financing Initiative was originally created twenty
years ago in response to the rising concern in Pennsylvania over the lack of
access to fresh foods in underserved communities. By providing underserved
people access to fresh food retailers with greater variety, the initiative will
provide this community the choice of a more nutritionally balanced diet. The
lower food costs also enables underserved persons living on budgets to purchase
higher quality foods.
The Joint Center for Political and Economic Studies/Policy Link states:
;'lIealthyfood options and physical activity are glaring abscntfi'oTll poor
i::Ornmunities and communities of color. When these opportunities are not
crvailable within a community, residents are much less likely to eat
nutritious foods or to be physically active. The disparity in food and
pnysicalactive resources is contributing to high levels o(nutrition and
\:!jipf,ysical activity related diseases in the Aji-ican American and Latino
'communities. "
PAGE 7
"CREATING A HEALTHIER COMMUNITY" INITIATIVE
CCC feels that this move is compatible with the social service and economic
development goals and objectives of the City of Boynton Beach and the
Community Redevelopment Agency and would ask for your participation in a
collective action to address the need to "Create a Healthier Community. "
Acknowledgements
I Palm Beach County "Food Security Project" October 2004 Summary funded
by United Way of Palm Beach County, Healthcare District, Palm Beach County,
and Children's Services Council is a I8-month strategy to collect qualitative and
quantitative data regarding hunger and food insecurity in Palm Beach County
that would support strategic planning on food systems.
2 The "5 A Day" program is the largest public-private education initiative so-
sponsored by the National Caner institute and Produce for a Better Health
Foundation, who primary function is to increase the consumption of fruits and
vegetables to improve health. 11'11'l1'.phbfc)()undatiol1. or<.:
3 Sustainable Food Center (SFC) is a nonprofit working to create a food secure
community by improving access to local, healthy and affordable food for
children and adults in Central Texas.
4 "A Place for Healthier Living" Joint Center for Political and Economic
Studies working to improve the health status of black Americans and other
ethnically diverse groups by expanding their participation in relevant political,
economic, and health policy arenas
5 "Fresh Food Financing Initiative, " Program Guidelines - The Reinvestment
Fund, 11 '11'11'. trfimd. com
PAGE 8
"CREATI'<G A HEALTHIER COMMUNITY" INITIATIYF
I Non-Profit Grocer Incubator I . Unique environment that
supports the success of small
companies b'j providing
shared services:
Strategic Guidance
Enhance Innovation
Accelerated Progress
. On-site incubator manager for
. Conceptual Design complete incubation services
Nonprofit including technical and
business development
Cooperative assistance:
Incubator Entrepreneurial Training
Cultural Diversit'j Business Plan Assistance
Emplo'jment & Training
. Management Programs
Board of Directors Shared Services & Equipment
Management & Marketing
Professional Services
. Opportunities
. Access to franchise
Ownership opportunities & financing:
Small Business SBA & Micro Business Loans
Retention Venture Capital Funding
Education Referrals to Traditional Lending
Training Institutions
Healthier Communit'j Seed Capital Financing
PAGE 9
"CREATING A HEALTHIER COMMUNITY" INITIATIVE
Events
Youth programs
Culinary Events
Health Program & Nutrition Classes
Green Market during season
Cultural Events celebrating diversity
Ownership Opportunities
Catering
BakeI'1;j
Events Planning
Fish Department
Produce Department
Meat Department
Deli
Coffee Shoppe
Marketing
Social Services
Faith Communit':J participation in "Bod':J & Soul" Program
Weekl':J food deliver':J to shut-ins
Training & Rehabilitation Services
Da':Jcare
Access to affordable, nutritionist, food and fresh produce
Incubator for small businesses
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Fresh Food Financing Initiati~c
Program Guidelines
Section I - INTRODUCTION
A. Statement of Purpose
The Reinvestment Fund (fRF) is a non-profit financing institution that created the Fresh Food Financing Initiative, an innovative new
capitalization program to increase the number of supermarkets, or other grocery stores in underserved communities across Pennsylvania.
1bis statewide program meets the financing needs of supermarket operators that plan to operate in underserved communities where
infrastructure costs and credit needs cannot be filled solely by conventional financial institutions. Under this program, TRF provides pre-
development grants and loans, land acquisition financing, equipment financing, capital grants for project funding gaps and construction
and permanent finance. TRF also provides technical assistance and workforce services to its borrowers and grantees through this initiative.
The initiative was created in response to the rising concern over the lack of access to fresh foods in underserved communities. According
to the House Report on Resolution No. 13, released by the Pennsylvania House Health and Human Services Committee, chaired by Rep.
George Kenney and Rep. Frank Oliver, the lack of supermarkets is a problem affecting major cities and towns across the Commonwealth
of Pennsylvania. By providing underserved people access to fresh food retailers with greater variety, the initiative will give these
communities the choice of a more nutritionally balanced diet, The lower food costs will also enable underserved persons living on fixed
budgets to purchase higher quality foods. Supermarkets and other grocery stores will also make valuable contributions to the community
by creating jobs and revitalizing neighborhoods.
TRF has a 20-year history of providing loans and investments as well as technical assistance to low-wealth communities and low-and
moderate-income individuals. Since inception in 1985, TRF has made loans and investments totaling $389 million.
B. Eligible Activities
1. Supermarkets and other grocery retailers that operate on a self-service basis, primarily sel1ing groceries, produce, meat, baked goods and
dairy products. Convenience stores do not qualify as supermarkets.
2. Real estate projects which have multi-tenant uses beyond a supermarket tenant may be eligible if: (1) the retail development intends to
lease space to retailers of fresh foods (for example, fresh seafood retailer) not sold in limited assortment grocery stores; (2) the viability of
the development site and proposed supermarket is contingent on ancillary non-food tenants and those non-food tenants do not represent
more than 50% of the building area; or (3) the development project has been split into separate foot prints, allowing the grant or loan to
focus only on the supermarket tenant portion.
c. Ineligible Activities
Multi-tenant projects cannot lease space to businesses involved in the following: religion, entertainment of a prurient sexual nature,
gambling, illegal activity, or pyramid sales.
Section II GRANTS
A. Eligible Applicants
An eligible applicant must demonstrate that its proposed project will benefit an underserved area, and may be a for-profit business
enterprise (including a corporation, limited liability company, sole proprietor, cooperative or partnership), or a non-profit organization,
including an institution of higher education.
Underserved area is defined as a low or moderate income census tract, an area of below average supermarket density or an area having a
supermarket customer base with more than 50% living in a low income census tract or other area demonstrated to have significant access
limitations due to travel distance, as detennined by TRF.
In order to determine eligibility, the applicant must complete a Fresh Food Financing Initiative A,pplication for Program
Eligibilil)'".
Page 1
B. Grant Purpose
Grants are limited to $250,000 per store. There are also limits to overall grants ro one operator.
Pre-development Grants may be awarded to eligible applicants. These grants may be used to pay for the eady costs associated
with project feasibility including professional fees, market studies, appraisals, and deposits on land and buildings and other
holding costs.
Land Assembly and Other Capital Grants* may be awarded to eligible applicants. These grants may be used to pay for
relocation, demolition, envirorunental remediation, unstable foundations and soil conditions. These grants may also be used for
other project costs related to land assembly and infrastructure improvement.
Soft Costs and Other Preopening Grants may be awarded to eligible applicants. These grants may also be used to cover training
costs, security, or other preopening expenses. These costs ",,-ill be considered on a project-by-project basis.
Construction Grants* may be awarded to eligible applicants. These grants may be used to pay for general conditions, builder
overhead and profit, labor, materials and contingency funding.
Other guidelines:
1. On a case by case basis, TRF -will make predevelopment grants on a recoverable basis.
2. No grantee shall receive more than $750,000.
*Grant funds used toward the payment of construction, renovations, demolition, infrastructure improvements, remediation, build-out,
alteration, or installation of machinery and equipment ($25,000 and above) may trigger applicability of the Pennsylvania Prevailing Wage
"\ct to a project. The P A Department of Labor and Industry has final authority to make prevailing wage applicability detenninations and
may be contacted by calling 717-787-4671 or 800-932-0665.
C. Application Process
To apply for funding, the applicant must complete a Fresh Food Financing Initiative Application for Financing. The
application is attached, and may also be found at \\'\\",SJrfund.,ilill. See Section n'~ Program Inquin'es, for additional information.
D. Application Evaluation
Applications will be approved on a monthly basis until all funds are committed to projects. TRF will review each application to determine
whether the proposed project demonstrates one or more of the following:
1. The project will have demonstrable impact on the economy or well-being of the neighborhood, community or region where the project
is located. This impact must be measurable and the methodology for measurement must be described.
2. The project will result in a substantial increase in revenues for the state, the host municipality or the market region.
3. The project adheres to sound land use principles.
4. The project requires an investment of public funding to move forward, to create impact, or to be competitive with similar projects in the
regIon.
S. The project is working in conjunction with other programs promoting community development.
An eligible project ,,>ill receive priority consideration if it demonstrates one or more of the following:
1. The project will positively impact economic conditions in aNew Markets Tax Credit eligible census tract, defined as any population
census tract if:
(a) The poverty rate for such tract is at least 20 percent, or
(b) (i) In the case of a tract not located within a metropolitan area, the median family income for such tract does nor exceed 80 percent
of statewide median family income, or
(b) (ii) in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent of
the statewide median family income or the metropolitan area median family income.
2. The project will positively impact economic conditions in an economically distressed census tract in the Commonwealth. An
economically distressed census tract is defined as a census tract where:
Page 2
For Metropolitan Areas
a) Unemployment rate is greater than 1.5X national average,
b) Poverty rate is greater than 20%,
c) Median family income is less than 80% of the area median income; and
d) Population is greater than 1,500.
For Non-Metropolitan Areas
a) Unemployment rate is greater than 1.5X national average,
b) Poverty rate is greater than 20%,
c) Median family income is less than 80% of the statewide or national non-metropolitan median family income; and
d) Population is greater than 500.
In addition, TRF will evaluate the feasibility and practicality of the proposed activity, and whether the end result is likely to be achieved if
the proposed activities are successfully concluded. Upon being satisfied that the requirements have been met, TRF may approve the
application for a Grant.
E. Awards and Contracts
Upon approval of an application by TRF, a grant agreement and commitment letter will be issued to the applicant explaining the terms and
conditions of the grant. The grant agreement and commitment letter must be signed and returned within 10 days of the date of the
commitment letter or the grant offer may be withdrawn. Upon full execution of the grant agreement and any contract between the
applicant and vendor( s) performing the work, the grant will be paid upon receipt by TRF invoices and final work products demonstrating
that the planning project has been completed. Partial funding prior to the submission of receipts and work completion documents will be
considered on a case by case basis.
F. Reporting Requirements and Record Keeping and Nonperformance
TRF will enter into a grant agreement with all Grantees. Grant proceeds are subject to audit by The Reinvestment Fund. Therefore, the
Grantee will agree that it will maintain complete financial records for all of its costs subject to its grant for a period of five (5) years after
the execution of an agreement and will cooperate with the TRF in any audit requests. In addition, Grantee will submit a Semi-Annual
Report and supporting documents to TRF within 60 days of report period end date, with the exception of audited financial statements,
which shall be submitted within 90 days of fiscal year-end. .Any material nonperformance to the Grant Agreement by Grantee may result
in exclusion of future loans or grant awards by TRF under the Fresh Food Financing or any affiliated programs.
Section III LOANS
A. Eligible Applicants
.An eligible applicant must demonstrate that its proposed project will benefit an underserved area, and may be a for-profit business
enterprise (including a corporation, limited liability company, sole proprietor, cooperative or partnership), or a non-profit organization,
including an institution of higher education.
Underserved area is defined as a low- or moderate-income census tract, an area of below average supermarket density or an area having a
supermarket customer base with more than 50% living in a low income census tract or other area demonstrated to have significant access
limitations due to travel distance, as determined by TRF.
In order to determine eligibility, the applicant must complete a Fresh Food Financing Initiative Ap.plication for Program
Eligibility.
B. Loan Purpose
Loans from the program will fund costs associated with land acquisition, pre-development, construction or rehabilitation, equipment,
inventory and other working capital needs, and interior fit-out Loans will be made in instances where conventional financial institutions
either do not offer financing, or the conventional financing offered is insufficient or on terms which are a detriment to the feasibility of the
supermarket. Supermarket operators and site developers will each be required to have cash equity at risk in addition to the financing
offered in this program.
Page 3
C. Application Process
To apply for funding, the applicant must complete a Fresh Food Financing Initiative Application for Financing, The
application is attached, and may also be found at ~:'-'':-,,!Ifutl(Lv.i1J) . See Section IV, Program Inquiries, for additional information.
D. General Terms and Conditions
1. The maximum loan amount is subject to TRF's current lending exposure policies.
2. Interest Rates, Loan Fees and other costs - Loans will be made with fIxed rates tied to a margin over the applicable Treasury Note, or
at variable rates tied to a margin over the Prime Rate as published in the Wall Street] oumal.
3. Loan Terms _ Loans for the development of a facility will have a term of up to 12 months. Amortizing loans ",111 have a term of up to
90 months. On a limited basis, amortizing loans may have a term of up to 120 months.
4. Collateral- Loans will be secured by a first priority lien on accounts, receivables, fIxtures and equipment, assignments of leases, and
real property. On a limited basis, loans may be secured by a subordinate lien position. Collateral will be valued in excess of the Loan,
and TRF may require that this valuation be confirmed by an acceptable appraisal report.
5. Cash-flow Projections _ Borrowers will provide TRF with operating projections which show suffIcient cash-flow to repay the Loan.
6. Real estate projects which have multi-tenant uses beyond a supermarket tenant may be eligible if: (1) the retail development intends
to lease space to retailers of fresh foods (for example, fresh seafood retailer) not sold in limited assortment grocery stores; (2) the
viability of the development site and proposed supermarket is contingent on ancillary non-food tenants and those non-food tenants
do not represent more than 50% of the building ar~; or (3) the development project has been split into separate foot prints, allowing
the grant or loan to focus only on the supermarket tenant portion.
7. Other: Loan funds used toward the payment of construction, renovations, demolition, infrastructure improvements, remediation,
build-out, alteration, or installation of machinery and equipment ($25,000 and above) will not trigger applicability of the Pennsylvania
Prevailing Wage Act to a project.
E. Application Evaluation and Approval Process
Applicants for financing will be evaluated and approved on a monthly basis while funds remain available in the loan pool. TRF will review
each application to determine whether the proposed project is fmancially viable and demonstrates one or more of the following:
1. The project will have demonstrable impact on the economy or well-being of the neighborhood, community or region where the
project is located. This impact must be measurable and the methodology for measurement must be described.
2. The project will result in a substantial increase in revenues for the state, the host municipality or the market region.
3. The project adheres to sound land use principles.
4. The project requires an investment of public funding to move forward, to create impact, or to be competitive with similar projects in
the region.
::>. The project is working in conjunction with other programs promoting community development.
6. "\n eligible project will receive priority consideration if it demonstrates one or more of the following:
A The project will positively impact economic conditions in a New Markets Tax Credit eligible census tract, defIned as any
population census tract if:
(i) The poverty rate for such tract is at least 20 percent, or
(ii) In the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80
percent of statewide median family income, or
(Ui) in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent
of the statewide median family income or the metropolitan area median family income.
B. The project will positively impact economic conditions in an economically distressed census tract in the Commonwealth. An
economically distressed census tract is defmed as a census tract where:
(i) For Metropolitan .Areas
a. Unemployment rate is greater than 1.5X national average,
Page 4
b. Poverty rate is greater than 20%,
c. Median family income is less than 80% of the area median income; and
d. Population is greater than 1,500.
(ii) For Non-Metropolitan Areas
a. Unemployment rate is greater than 1.5X national average,
b. Poverty rate is greater than 20%,
c. Median family income is less than 80% of the statewide or national non-metropolitan median family income; and
d. Population is greater than 500.
Upon being satisfied that the proposed project is financially viable and the above requirements have been met, TRF may approve the
application for a Loan.
E. Loan Closing
Upon approval of an application by TRF, a loan agreement and commitment letter will be issued to the applicant explaining the terms and
conditions of the loan. The commitment letter must be signed and returned within 10 days of the date of the commitment letter or the
offer may be withdrawn. Upon full execution of all closing documents, the loan will be disbursed.
F. Reporting Requirements and Record Keeping and Nonperfonnance
TRF will enter into a loan agreement with all borrowers. Loan proceeds are subject to audit by The Reinvestment Fund. Therefore, the
borrower will agree that it will maintain complete financial records for all of its costs subject to its grant for a period of five (5) years after
the execution of an agreement and will cooperate with the TRF in any audit requests. In addition, borrower will submit a Semi-Annual
Report and supporting documents to TRF within 60 days of report period end date, with the exception of audited financial statements,
which shall be submitted within 90 days of fiscal year-end. Any material nonperformance to the Loan Agreement by Borrower may result
in exclusion of future loans or grant awards by TRF under the Fresh Food Financing or any af@iated programs.
Section IV. PROGRAM INQUIRIES
The Food Trust serves as the initial point of contact for program inquiries from across the state. For further information, contact: Tracey
Giang, Program Coordinator, The Food Trost, 1201 Chestnut Street, 4th Floor, Philadelphia, PA 19107. Tel: (215) 568-0830
Extension 133. Email: tgiang@thefoodtrost.org
GPUAC will work with TRF to encourage program participation by minorities, women and disadvantaged businesses. For further
information, contact: Carlos Jones, Deputy Director, GPUAC, 1207 Chestnut Street, Suite 206, Philadelphia, PA 19107-4102. Tel:
(215) 851-1824. Email: cjones@gpuac.org.
Program inquiries can also be addressed directly to The Reinvestment Fund. For further information, contact: Tim Roseboro,
Managing Director, Commercial Finance, The Reinvestment Fund, 718 Arch Street, Suite 300N, Philadelphia, PA 19106. Tel:
215.574.5859 (Direct). Emai1: tim.roseboro@trfund.com.
Go to: WW\v. frrund.com for applications and program information.
Appendix I: APPliCATION FOR EliGIBILITY
Appendix II: APPLICATION FOR FINANCING
Page 5
. ~ . . . . . . . . . . . . . . . . . . . . . . . . " . " . . . " . . " . . ' . . < . . . . . . .. ..... . , .. . ........................".. .
PRESS RELEASE
February 7, 2007
Contact: Sherry Johnson, Executive Director
Community Caring Center of Boynton Beach, Inc. - www.cccbb.org
561-364-9501, Ext. 25 - Sherrvccc@aol.com
FOR IMMEDIATE RELEASE
WHAT:
The 2007 Annual HUNGER WALK - "Creating a Healthier Community" is sponsored by j
the Community Caring Center of Boynton Beach, Inc., on Sunday, March 18. Registration ~
begins at 3:00 PM with an aerobic warm-up at 3:30 PM at the Schoolhouse Children's Museum, ~
followed by a I-mile walk through Mangrove Walk at the Marina and returning to the ~
Schoolhouse Children's Museum. The event will include food vendors and local artisans, crafts ~
and face painting for the children, and exhibitors providing information on health, nutrition and ~
exercise. There will be live entertainment throughout the day, .
The proceeds from the event directly benefit local residents who may not know where their next ~
meal will come from. :
.:. Prizes for the top walker, top team, and top youth group will be presented after the walk.
.:. Free "Hunger Walk" t-shirt for each person who obtains $100 or more in sponsorships.
WHO:
Everyone! Families, individuals, congregational members, organizations - anyone who wan'
to help feed hungry people in Palm Beach County.
.:. A recruiter packet is available for any individual, business, organization, or congregation ~
that would like to get a team of walkers to help fight hunger and really "make a ~
difference" in our community. .
.:. Individuals who want to come out to support the CCC 2007 Hunger Walk can:
participate. A contribution of $1 0 to $20 and two nonperishable food items is suggested. j
WHERE: Schoolhouse Children's Museum, located at 129 East Ocean Blvd., Boynton Beach
WHEN: Sunday, March 18 - Exhibitors, food, arts & crafts, and entertainment from 1 :00 PM to 6:00 ~
PM. Registration is a 3:00 PM & aerobic warm-up at 3:30 PM; the I-mile walk begins at 4:00 j
PM
WHY: A recent hunger survey indicates that children in Palm Beach County are three times more likely ~
than the national average to NOT know where their next meal will come from.
BENEFITS: All of the funds raised at the CCC's 2007 Hunger Walk will benefit CCC's Food Pantry, ~
Holiday Cornucopia Program (Thanksgiving/Holiday Baskets), Nutrition Education Program, as j
well as, provide direct financial assistance to families in crisis. The Community Caring Center ~
served 4,434 individuals in 2007, of whom 1,638 were children living in poverty. .
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"- ~:i go ~ a ~.5 ~ 8 r.E ;3: a a ::0
Community Caring Center
of Boynton Beach, Inc.
. . ,. . . . . . . . . . . . . . . . . . . . . . . . . :
.
FY 2005/01
Annual Repor_
....0.00
"
The Community Caring Center provided $384,526 in program
services to clients. CCC serves 1,994 household, or 4,434
individuals, of which r ,638 are children living in poverty, Eighty-six
percent (86%) of clients are from the greater area of Boynton
Beach - Lantana & lake Worth to the north, Delray Beach to the
south, and Federal Hwy. to the western range line.
"Thank You" to the many foundations, the City of Boynton Beach
& PBC HCD agencies that provided grants and the public suPPOrt
that contributed towards this year's program Success.
United Way of Palm Beach County
tf?~~,
~.1 ~ACCESS
~.EW
Sun-Sentinel '1-
CHILDREN'S FUND l'
f"ol'rl EJ"!(J.;::h,'TJ!"o:.;ur~' C,,::;,o';l *
~.,~,
Get Connected. Get Answer:s.
A special "Thank You" to the many volunteers that assisted us
with our homeless outreach program, child nutrition education
program, volunteer care giving, food pantry and SHARE programs
and the agencies that provided funding and training assistance.
~,
'0 donace or YOlunceer call:
(561) JOt.50 I exc 25 or Yisic
our websice @ www.cccbb.ors
..........
.. "/,,,.':;\t~~;j::~~> '.
T
Table 01 Contents
Fiscal Accountability
Independent Auditor's Report prepared by
Steven J. Corso, Certified Public Accountants
Letter from the Executive Director
Programmatic Accountability
Highlights from our 4 impact areas
· Children & Families
· Emergency Food, Shelter & Financial Aid
· Vulnerable Populations
· Job Training & Economic Development
Roster of Board Members
To donate or volunteer call:
(SOl) :JOf.OSO. ext n l:iIr VIS.t
our webs.te a www,cccbb.Of!l
',:ji;;~i~;!~~':!;~:;,
..00..0.
v
Fiscal Accoun.altility
Independent Auditor's Report
The firm of Steven J. Corso, CPA prepared an audit as of June 30,
2006 in accordance with auditing standards generally accepted in the
United States of America and the standards applicable to financial
audits contained in Government Auditing Standards issued by the
Comptroller General of the United States. Their opinion indicated
that changes in net assets and the financial position of the Community
Caring Center ended in conformity with generally accepted
accounting principles. A copy of the IRS Tax form 990 and the audited
financial statement is available as public documentation through the
Internal Revenue Service and the Department of Agriculture, Division
of Consumer Services.
",ii(;;'\;'l".
~;~Vd7"'';'~
:'r~~1~K.~g;
&ncome:
$31,884 in contributions
& gifts
· $117,600 in grants &
contracts
$26,339 from
fundraising activities
$6,760 from rental
income
$218,896 from in-kind
food contributions
$9,325 in St-IARE
revenues a pass thru to
Tam pa Affiliate
$434 in interest
The Community Caring Center of
Boynton Beach, Inc, received
$424, 149 in public support &
revenues in this fiscal year and
spent $4 I 1,238 in administrative
I costs and program services. I
......'...'..',;.'.. '."...:':'.'.,..:".....'......,:.... ",...'."".
7>:<:;:'~.';5,:':<~;,':':,:',,:, ,,'
/Expenses:
.. $384,526 for program
expenses for
counseling, social,
financial & health care
II $14,45 1 for
management and
general operating
expenses
.. $12,911 in fund-raising
expenses
(I
,
i
\!
. . . . . . . . . 0 . 0 . . . . .
T
Dear Friends:
In October 1987, CCC was incorporated. We will
celebrate our "20th Anniversary" this coming October
2007. What an exciting time for all of us. Our success
would not have been possible without your financial
support & prayers, the tremendous dedication of the
staff and board of directors, and the volunteers that
give so lovingly of their time & talents. February 5th,
2007 is also the first anniversary of the death of our former board president,
Mildred Berg, my friend and mentor. She is remembered with love & gratitude
for her dedication & devotion to the Community Caring Center. I think she
would be pleased to see the following new initiatives implemented this year to
better serve our clients:
(
(
I) The Department of Families & Children trained and contracted with
CCC as a "Platinum" ACCESS community partner to provide on-line
applications for food stamps, Medicaid, & prescription drug assistance;
2) United Way provided staff training to teach nutrition cooking, CCC
is franchised by "La Cocina Alegre/The Happy Kitchen," a Sustainable Food
Center in Austin, TX, to provide classes. It will be included in the Child
Nutrition Education/Gardening program & CCC's "Healthier Community"
initiatives;
3) CCC will participation in the 'Bed & Gaps" survey documenting area
homeless as part of our partnership with PBC Homeless & Housing Alliance;
4) A strategic planning process was funded by a United Way Diversity
Venture Fund grant for $4,000 to determine our niche in a transitional housing
program;
5) The State of Florida Coalition of "Faith in Action" programs
received a $75,000 grant to provide technical assistance to local FIA programs,
like us;
6) A steering committee was established to start a non-profit,
cooperative grocery store using im incubator setting;
7) Two scholarship funds were established for liturgical music major
students: the "Mildred Berg Scholarship" for traditional vocalist & the "Robert
Murtagh Scholarship" for Gospel vocalist;
8) Hurricane Recovery & Preparedness began, with the help of the
City of Boynton Beach, a hurricane survey assessment & ribbon program to
identify the most vulnerable. A town meeting & clergy breakfast was held to
better coordinate an emergency disaster response.
Sincerely,
To donate or volunteer call:
(561) J6f.t501 ext 2S or 'isit
our website (a! www,cccbb.ors
Page 6 .......
T
Impact Area prosram HiShlishts
I
Children and Familip.~
I The Child Nutrition Program
. was a wonderful success. Moise
':.' ,~~~,._.,~" (bottom row, far left) announced
JJ"'~".I!-oliiiii.\f\l!l h b .. f h h
; """'~.!iD at t e eglnnlng 0 t e year e
not going to eat fruits and
veggies. Of course, to the
amazement of the teachers &
cook, "Spaghetti Squash" was a
hit, His mother was presented a
. spaghetti squash at graduation.
CCC provides food, I Emergenry Food, Shelter & lFinandal Aid I
financial aid and shelter to .,,"'~'
4,434 individuals, 90% _ 'i~'"
percent of which earn less
than 50% of median
income. Affordable
nutritional food is
important to local
residents: I ,026 depend on
the CCC pantry for food.
1.63H childrcn live Incolllc & Ethnicit~.: The following was
with single head of Nincty pcrccnt 90% provided in financial
houschold parents: of c1icnts al'e helow aid to dicJlls:
. 10% are being 50'1., of IIIcdian . $148,843 hunger
raised by III COlli C. . $84,733
grandparents . 63% African- transportation
\) 8% are being i American i . $30,508 utilities '!
raised by . 22% Caucasian . $22,701 rent!
disabled parents . 14% Hispanic mortgage
e 8% are . $6,640 shelter
h,.",.."...,o,loC'"e'" . 1% Other
"
, Impact Area Program Hishllshts
Of the 792 individuals that requested financial aid, 55% have been
debilitated as a result of health related issues. Nutrition related disease,
bl d h d d d b k 28%.
i.e. cancer 00 pressure, eart isease an ia etes. ma e up 0
Financial Aid & Community
Health Comparisons Frall/8derly
'''i:i~;~f){:'' . Injury/Surgery
Dialysis
Dlsabillt les
~ . Nut rlt Ion ReIst ed Diseases
- ".."...-,-,".
28% ~ 10% :3 HIVI AIDS
.Addlctlons
Lungs
.. , 2% .Ment ellllne..
12%
. Blind
Vulnerable Population!>
In October of 2005. Hurricane Wilma hit. It was a little further
south than Frances and Jeanne's path in 2004. FEMA & Project
Hope remembered our help the year before and we were
quickly thrown into relocation and recovery assistance again.
Our recovery and preparedness became much more intentional
for the "Heart of Boynton" after witnessing the disaster in New
Orleans with Hurricane Katrina. We contacted the City of
Boynton Beach for help and Fire Chief Bingham helped design a
ribbon program to go along with our survey to identify the
most vulnerable if faced with a mandatory evacuation. 676 individuals
depend on CCC for transportation. We held a clergy breakfast & town
meeting to organize the community help us identify frail. elderly & at-risk
populations: shut-ins. on breathing machines, oxygen, disabled, recent
surgery, on medication requiring refrigeration. Many volunteers are needed
so CCC can respond to disasters when they occur. Volunteers will need
to complete a background check & CERTS training, provided by the City of
Boynton Beach. in advance of a disaster to reassure frail/elderly concerned
about safety when letting people into their homes,
.. . .. . . . .
Board of IHreceors
Eugene Cericola, President
Lillian Ostiguy, Vice President
Janet Dixon, Secretary
William Kelly, Treasurer
Everlene Bakel"
Michele Benner
Chris Hemmingway
Lois Horky
II
II
II
Martto Mattila
Joyce Portnoy
lula Roberts
Eileen Schlechting
Mary Whalen
Art Wittman
145 NE 4th Avenue
Boynton Beach, FL 33435
III
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CCC's 2007 Hunger Walk
Hunger Walker Envelope
Walker(s) Name:
Address
E-mail
State
City
Phone
Zip
Age( s)
Team N arne/Congregation/ /SchooI/Organization
( 'o//ecr Ihc\!oney Ilhcn rou .\'ign lip 's)70nson\fuke Checks Pavable 10 ,he
('Oi\l/\fl.\!7T C1R/:VG CE:\TER (CCC; oIBo)'n/on Beach. Inc. Re/urn /he Fund\ in/his
Em'elope {() YOllr ]{)()-:' JIunger IVa/k Recruiler u//he regis/ration table during the lime oj
registrationf(yr the event. or make arrangements with .vour recruiter prior /0 the even!.
1.
2. ,
3. ,
4.
5. I I
I
6. ,
,
I
7. , I i
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8. I I
9. I I
10.
11.
12. I i
13. I
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14. ! I
15. I
16. I I
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('nntrihution are lax deductihle as allowed b\ la\\
TOT AL $
STATEMENT OF CONCENT I understand the risks
involved in participating in the CCC Hunger Walk and
willingly and voluntarily accept these risks. I attest that
I am physically fit and prepared for this event. I grant
permission for the organizers to use photographs and/or
images and quotations from me in accounts and
promotions of this event.
Plea"\.... fl~tllrn ;'lJl 2fH17 lllln~er \Valk r:rndl'pC\ U'lcd ilnd
LJilu-';L'd. fll '-'ILll" RL"Cfllitl'r
Recruiter's Name:
Address:
Signature(s)
E-mail:
Parent or guardian's signature if under 18 years of age:
Phone:
Signature
. . . . . .
. . . . .
. . . .
. . . . .
. . . . .
. . . .
. . .
. . . . .
March 18
.
. . . . .
.
Community
Caring Center
.
WHERE:
WHEN:
WHO:
Schoolhouse Children's Museum
COME JOIN us for The Community Cering Center's
2007 HUNGER WALK! 'Creeting e Heelthier Community'
The 1-mile walk is being held in downtown Boynton Beach, starting at the Schoolhouse
Children's Museum, located at 129 East Ocean Avenue adjacent to Kids Kingdom
Playground. The walk continues through Mangrove Walk at the Marina and back.
Directions to the Children's Schoolhouse Museum: south 1,4 mile of Boynton Beach Blvd. on
Seacrest Blvd., then, 2 Blocks east on Ocean Avenue.
Sunday, March 18 - 1 :00 PM to 6:00 PM - Local food vendors, entertainment. exhibitors, &
artisans. Registration begins at 3:00 PM. Aerobic warm-up begins at 3:30 PM, and the walk
begins at 4:00 PM. The event includes exhibitors providing information & demonstrations
regarding exercise, good health, and nutrition.
Everyone! Families, individuals, church members, organizations! Anyone who wants to
help hungry people and to create awareness regarding hunger, nutrition, and social
justice issues in our community can register to walk. You help raise money for CCC by
putting together a team or obtaining individual sponsorships. Please call for a team/walker
packet. You can walk for free. However, for individual walkers who would like to
contribute, a $10 to $20 donation, and/or two nonperishable food items for the pantry is
suggested (and would be very much welcomed and appreciated).
BENEFITS: CCC will use the funds for its programs that are serving 4,494 clients - child nutrition
education, nutrition cooking classes, emergency financial aid, and food pantry. CCC's hope is to bring
awareness that children in Palm Beach County are three times higher than the national average to NOT
know where their nexf meal will come from. CCC's pantry feeds 1,638 of those' children. For more
information, call Sherry Johnson, Executive Director of the Community Caring Center of Boynton Beach,
Inc., at (561) 364-9501, ext. 25.
For information about participating as a vendor, artisan, or entertainer please contact: Sherry Johnson,
Executive Director of the Community Caring Center of Boynton Beach, Inc., at (561) 364-9501, ext. 25.
~ I - , ~ ' I, " . ,~ . ,t ',14' 1 ';r 11 ' , I ,I' ,,( I'
'- 2007 Hup~r Walk - "Creating,~ Healthier Community" , ,'\
- - ' I " ,1\ I
The Dixie Six
New Orleans-style Dixieland Ja::::
Trumpet, Clarinet, Trombone
Piano, Bass, Drums...
...The classic line-up for your traditional Dixieland Jazz band.
The Dixie Six is a band within the 16-piece Bob Roberts Society Orchestra. They are featured
every Friday afternoon as part of the weekly Boynton Beach Civic Center dance... a dance put on
by the City Parks and Recreation Department for an amazing 18 years now. All together Boynton
Beach keeps the dancers jumpin' every week for about ten months out of the year.
The Bob Roberts Society Orchestra started 1980 and has played at the Boynton Beach Civic Center
since 1988. In 2003 retired and turned the baton over to Dick Reid, one of his trombone players.
In time Dick followed the model of Jimmy Dorsey's band-within-a-band. -"The Clambake Seven",
and formed the "Dixie Six". Ray Sacks plays trumpet and flugelhorn, Jimmy Hansen plays clarinet,
sax and sings, Len Wolfson is on piano, Jim Smith on bass and the irrepressible Arnold Most plays
the drums.
The Dixie Six plays music that is light-hearted, fun and improvised... a cross-section of the history
of Dixieland Jazz. They play high-spirited tunes like "When Those Saints Go Marching In''; down
and dirty songs like "The Basin Street Blues" and fun stuff like making a ChaCha out of "Jada".
They even play sweet songs and ballads. Variety is the spice of their musical life.
f,^, '
_ ;i~_ ;._
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V.ADMINISTRATIVE
ITEM A.
APPLICANTS ELIGIBLE FOR APPOINTMENT 03/05/07
LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION
SUBMITTED
Aikens Willie L. Community Redev. 6/20/06
Agency Board
Buchanan James (Buck) Community Redev. 7/10/06
Aqency Board
Burgess Alan Arts Commission 1/19/07
Collins Susan Sr. Advisory Board 1/19/07
Hillery, Jr. Edward G. Planning and 11/15/06
Development Bd.
Wolf Halena Arts Commission 1/24/07
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.L
[x. - CITY MANAGER'S
REPORT
ITEM A
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
0 December 5,2006
0 January 2, 2007
0 January 16,2007
0 February 13,2007
November 20,2006 (Noon.) 0
December 18, 2006 (Noon) [8J March 5, 2007
January 2, 2007 (Noon) 0 March 20, 2007
January 22, 2007 0 April 3, 2007
February 12,2007 (Noollb
-....J
-"
March 5, 2007 (Noon) rrt
CO
N
March 19,2007 (Noon)-
J:>
:x
n
" --!
:::;-<
-<0
"j -"
"-OJ
,-qo
;!;~
vi --i
Cl
Oz
::;Jen
-fTl
C"'),l>
fTlC"')
:r
NATURE OF
AGENDA ITEM
o
o
o
o
o
Announcem entslPresentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
[8J
o
o
o
o
City Manager's Report
New Business
-
-
u
o
Legal
Unfinished Business
RECOMMENDATION:
Accept report from the Development Department providing survey feedback and additional analysis of the option for adding
Saturday hours for the Building Division.
EXPLANATION: At the request ofa member of the City Commissim, the Department of Development has surveyed the
City's residents and property owners and researched permit history to gage receptivity and demand for Owner/Builders to
support addition of Saturday operating hours for the Building division. Out ofa total of 34,487 surveys, there were 1,299
responses, for a response rate of only 3.8%. Of these 1,299 responses, 697 or approximately 53% indicated that they would
take advantage of Saturday hours.
PROGRAM IMPACT: Should Commission determine there is value and demand to opening the Building division for the
purpose of issuing limited OwnerIBuilder permits on Saturdays, staffwll need to prepare appropriate funding requests for
either the current or next fiscal year, depending on direction.
FISCAL IMPACT: Depending on the alternative chosen, there may be costs involved with facility usage, consulting
services, and/or staff overtime.
ALTERNATIVES: Not to allow report.
~p~
u~
, City Manager's Signature
Assistant to City Manager
Department of Development
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
VI.-CONSENT AGENDA
ITEM B.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates... in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) [gJ March 5, 2007 February 12, 2007 (Noon)
0 January 16, 2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to award "TWO-YEAR AGREEMENT FOR SUPPLY AND INSTALLATION OF
WATER SERVICE CONNECTIONS & RESTORATION", Bid# 027-2821-07/JA to LINE-TEC, INC., of Boynton
Beach, Florida, for an estimated annual expenditure of $350,000.00
CONTRACT PERIOD: MARCH 06, 2007 TO MARCH 05, 2009.
This is a two (2) year agreement with a provision for one (1) additional one-year renewal at the same terms,
conditions, prices, subject to vendor acceptance, satisfactory performance and determination that renewal is in the
best interest of the City.
EXPLANATION: On January 17, 2007, Procurement Services opened and tabulated two (2) proposals for the above
mentioned bid. Both proposals were reviewed and it was determined that Line-Tee, Inc., of Boynton Beach, Florida is
the lowest, most responsive, responsible bidder who meets all specifications. Line-Tech, Inc., has satisfactorily
performed work for the City of Boynton Beach, Broward County, Palm Beach County and other local utilities. Kofi
Boateng, Utilities Director, concurs with this award (see attached memo #07-08).
PROGRAM IMP ACT: The purpose of this bid is to provide a two (2) year agreement for the supply and installation
of water service connections related to the 2" galvanized water main replacement program to include taps; service
connections; placement of meter boxes; valves; service lines and restoration; along with relocation of water services,
meters, and mains from rear easements to front yards at various locations within the City of Boynton Beach Utility
service area. This bid is also used by the Parks Department to supply water connections for various irrigation needs.
FISCAL IMPACT: The cost to replace a typical 80-foot domestic service is $350.00 and includes abandonment of the
rear easement services.
ACCOUNT NUMBER:
#403-5000-590-96-02
ESTIMATED ANNUAL
EXPENDITURE:
350,000.00
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: There are no alternatives for this bid. These projects are expected to continue for several years
and are part of our attempt to improve water volume, increase fire protection, improve water quality and provide
better access to water lines and meters.
...
/
f~m
City Manager's Signatur
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
MEMORANDUM
UTILITIES # 07 - 08
To:
Bobby Jenkins
Assistant Finance Director
Kofi Boateng, P.E. vi \
Utilities Director 1:\1 ,""
-'~
January 19, 2007
c-~
From:
( ~.
/ \ . / ._--=:;? '-
" i..ff _'--"_ ).-
~.~.-y\ J i L \..' ,'~. - "~~.-:--.-- t.> ,-. - ~,
-""',. I'
/.-.~ I
I
Date:
Subject:
Recommendation for Award
Bid #027-2821-07/JA - Two -Year Contract for Supply and
Installation of Water Service Connections and Restoration
Agenda Item
The water system has over 2,000 rear easement water services and several hundred
galvanized water service lines that need replacement and/or relocation. These projects are
expected to continue for several years and are part of our attempt to improve water volume,
increase fire protection, improve water quality and provide better access to water lines and
meters. We have been replacing approximately 250 of these lines per year.
On January 17, 2007, a total of three (3) bids were received, one was a no bid. Two (2) bids
were open for unit pricing for this work. Line Tec is a local contractor that has satisfactorily
performed work for the City of Boynton Beach, Broward County, Palm Beach County and other
local utilities. After reviewing the line items and comparing the bid prices, Line Tec is the
apparent low bidder based on a typical water service reconnection.
The cost to replace a typical 80-foot domestic service is $350.00 and includes abandonment of
the rear easement services. We estimate an annual expenditure of $350,000.00 for these
needs.
Funding for this task is available from several sources dependent on the specific task assigned.
The majority of work will be charged to the Renewal and Replacement account and Utility
General Reserve #403-5000-590-96-02.
Please present this request to the Commission for their approval recommending Line Tec as the
most responsive, responsible bid. This is a two-year contract for unit pricing for the supply and
installation of the water service connections and restoration including all items specified.
If additional information is needed you may contact Les Sarkkinen directly at extension 6476.
KB/hs
Attachment:
cc: Kofi Boateng
Les Sarkkinen
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Submit Bids To:
BIDDER ACKNOWLEDGEMENT
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City): DECEMBER 5, 2006
Bid Title:
Bid Number:
Bid Received By:
TWO - YEAR CONTRACT FOR THE SUPPLY AND
INSTALLATION OF WATER SERVICE CONNECTIONS AND
RESTORATION
027-2821-07/JA
JANUARY 17,2007, NO LATER THAN 2:30 P.M.
(LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: JANUARY 17, 2007, no later than 2:30 P.M. (local time) and may not
be withdrawn within ninety (90) days after such date and time,
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City. L . ~,--:-
Name of Vendor: t Y\.J 7: . - {E'....c.... ~ 11 (~
(y 5 - O<6Lfll? ~ l
~\ l) r ~J ,(\.
Telephone Number: '"3 '/ ~ - 1 ~ q ~
I~--;- 9r~T
Federal I.D. Number:
A Corporation of the State of:
Area Code: S& \
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
s~-
\ 9-\b
~O'1 J^\-~ liY'- 'b<:,
JJI~/{)'1
t r::- c.
"' / !
33~3S
E:-l (~l'~IN
Name Typed
IS
THIS PAGE TO BE SUBMITTED ALONG WITH YKOYOSAL
TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
FOR
TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION
OF WATER SERVICE CONNECTIONS AND RESTORATION
Date: I (\ ~J ~01J ~
To All Bidders:
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of product/service called for.
When submitting more than one bid proposal price for this product and/or service, indicate how
many individual and/or combination item(s) are to be tabulated and considered. Attach a separate
proposal sheet for each.
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of:
ITEM ITEM DESCRIPTION UNIT OF UNIT PRlCE
NO. MEASURE
I Furnish and install water servIce Each
connection from City installed meter to '300*00
house valve (gate valve) Size I"
2 Furnish and install 1" schedule 40 PVC Linear foot
water pipe and sod restoration over 3,00
trench
3 Installation of I" meter box and lid Installation per unit :3 O~ 00
4 Installation of 2" meter box and lid Installation per unit 3 5- 00
5 Furnish and install two inch corporation Installation! materials '-\ ',5.00
stop and saddlelless than 4' in depth per unit
6 Installation and price, per foot, of 2" Installation: ,. DO
service line with PVC casing Price per foot: \ '1 . lJO
7 Price to terminate/abandon existing Labor per unit
water service \ OQ. 0--0
Items 8-11 will be used lIS unit pricing for 6" DIP water lines
to enhance execution of this proiect
8 Furnish and install 6" gate valve with Installation/material s
box per unit L"150. ~
9 Installation and price, per foot, of 6" Installation: i.OO
DIP water main installed with fittings Price per foot: Y 'S ' 00
10 Installation of fire hydrant assembly Installation only
with 6" gate valve complete } ~OO- 0-0
J
16
TIllS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
11 Installation of sam Ie oints Installation only . {yO
12a *Installation of tapping sleeves and SEE NOTE *
valves/non- aved area
12b *Installation of tapping sleeves and SEE NOTE *
valves/ aved area ~ .00
13
14
Items 1-12b will be used as bid evaluation.
Items 12-20 will be used as seconda evaluation criteria.
15
Additional cost for hand di . n trench Linear foot
Additional cost for restoration of Square foot
halt driveways
Additional cost for restoration of Square foot
concrete driveways/sidewalk
HourI labor rate
HourI rate for trencher, if needed
Hourly rate for backhoe, if needed
Hourly rate for boring machine, if
needed
Mark up on wholesale cost for Percent Markup
additional vegetative restoration (if
required), based on invoice provided by
vendor indicatin wholesale cost:
. )0
5. SO
16
17
18
19
Per hour
Per hour
Per hour
Per hour
00.00
20
~O/~
*To include all labor and appurtenances normally associated with water mam replacement
programs. Two prices should be provided: (12a) installation in non-paved area, and (12b)
installation in paved area. Both prices should include restoration to "as found" or better condition.
ALL PRICES F.O.B. BOYNTON BEACH
It is further agreed that the product/service will be completed/delivered within ~ calendar days
from the date of the Purchase Order from the City.
l
~a<J
YesINo
~t1A1
es/N 0
Number of Bid Proposals submitted
Original and two copies submitted
Evidence of possession of required licenses
Specification "check-off' sheets (pages 3-5)
Submitted:
~Oo
~
17
TillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Anti-Kickback Mfidavit Submitted
Confirmation of Minority Owned Business
Submitted
Drug Free Workplace Submitted
~"\I\ ~ -'"~L..~ -r:n. L-
COMPANY NAME
~t, ) 3 7~ --q~ q~
TELEPHONE NUMBER
C OL 0 5 { \ 0 5
Florida Contractor's License Number
~e~o
~c~
Ys/No
~
It es/N 0
s,~ stt$~~
,
PRINTED NAME
~ f<-~id-e/hr
TITLE
18
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
ST A TE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By:
Sworn and subscribed before me
-/_ f.h ~
this I If' - day of j C(.M (;l {t{ '-I
...... ,
,20 0'7
Printed Information:
~:Tf' E-ll <; LA ro--rrt-L
NAME
~~"'5;, \.J~ r--T
TITLE
~
L \ ~ ~ -::JZc -:r::1 '--
COMPANY
4-:f.;~-'~~~ j~1~7 LOu VVllsCil
;,i,lj;':' ~Commission #DD432278
1?l...Y~,Hxpires: MAY 22 2009
';.~ OF f\.~~ '
~;'l""" WWW.AARONNOTARY.com
"OFFICIAL NOTARY SEAL" STAMP
19
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
() AMERICAN INDIAN
() ASIAN
() BLACK
( ) HISPANIC
() WOMEN
(~ OTHER
s V\f'....- ~ \'
; (' .
~u 'S \ V"\. "'-.os "S c _ V'- ~ \rt>y. /"~..e
~~trz..t\ CounT,)
(specify) {
'Y{J t '^'"'
Do you possess a Certification qualifying your business as a "Minority Owned Business"?
YES NO ~
If YES, name the Organization from which this certification was obtained and date:
Issuing Organization for Certification -PbC-
S f~A\ \ \ bU$ \~6YS .4~'I~~~
~( it ,.J..~, J.L'7J'-t'
Dat of Certific.{tion I
20
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CON~ID~UD comrLErn A1iD .t\CCEfT tillLE
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that t
the above requirements.
21
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CON~IDJl:IaD COmTLETE AffD ACC]1jtTIlDLIi
Contact Bid #027-2821-07/JA Date: January 17,2007
Alternate Bid ItelllS
City of Boynton Beach Water Service Contract,
Additional services available in association with this Contract.
Item
Description
Unit Price
#21. Furnish and install 1" corporation stop and saddle less than 4' in depth. $275.00
#22. Installation of 4" C900 PVC price per foot with fittings $31.50
#23. Installation of 6" C900 PVC price per foot with fittings $38.50
#24. Installation of 8" C900 PVC price per foot with fittings $45.50
#25. Replacement of fire hydrant (only) with materials using existing valve $2500.00
#26. Installation price per foot of 2" P.E. service line wlo casing for short side $15.50
#27. Installation price per foot of 1" P.E. service line w/o casing for short side $13.00
#28. Installation price per foot of 1" P .E. service line with casing for long side $15.00
#29. Installation of 1" ball meter, yoke bar and tail piece $125.00
#29. Installation of 1 1/2" or 2" ball meter and meter connection $250.00
#30. Installation of2" resetter (labor only) $350.00
#31. Installation of 2" blow off assembly $325.00
#32. Installation of 2" RS gate valve and saddle complete with valve box $550.00
#33. Installation of 4" Gate Valve with box $550.00
#34. Installation of 8" Gate Valve with box $750.00
#35. Installation of2" backflow preventer $625.00
#36. Installation of 1" backflow pre venter $325.00
Item
Description
#37. Installation of MXU on existing TR meter (plug unit only)
#38. Installation of 5/8" water meter
#39. Installation of 1" water meter
#40. Installation of 1.5" water meter
#41. Installation of 2" water meter
#42. Furnish and install 1 1;4" SCH 40 PVC water service pipe
#43. Furnish and install 1 Yz" SCH 40 PVC water service pipe
#41. Furnish and install 2" SCH 40 PVC water service pipe
#42. Reconnect to existing sprinkler connection at house
#43. Sod restoration for water main projects price per SF
#44. Pass through on materials not covered under line items
Unit Price
$10.00
$22.00
$28.00
$150.00
$175.00
$ 4.25
$ 5.00
$ 6.25
$ 75.00
$ 1.00
Cost plus 20%
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The City of
Boynton Beach
__, ~'H n,",
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r -, . ":",-
r F:;...: . - -~>';'<
- '
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
FAX: (561) 742-6316
REQUEST FOR BID
FOR
TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION
OF WATER SERVICE CONNECTIONS AND RESTORATION
BID # 027-2821-07/JA
Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E.
Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or
by: JANUARY 17.2007. No Later Than 2:30 P.M. (Local Time).
Bids will be opened in:
PROCUREMENT SERVICES-CITY HALL
2ND FLOOR
unless otherwise designated
All bids received will be publicly opened and read aloud. Bids received after the assigned date
and time will not be considered. The Procurement Services time stamp shall be conclusive as to
the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private
couriers in regard to mail being delivered by a specified time so that a bid can be considered. The
City reserves the right to consider bids that have been determined by the City to be received late
due to mishandling by the City after receipt of the bid and no award has been made.
Any questions relative to any item(s) or portion of this bid should be directed to Janet Allen,
Buyer, (561) 742-6322.
The following language IS made a part of and is to be included In the specifications hereto
attached:
If and whenever in the specifications a brand name, make, name of any manufacturer, trade name
or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of
material only. Since the City does not wish to rule out other competition and equal brands or
makes, the phrase OR EQUAL is added. However, if a product other than that specified is
proposed, it is the vendor's responsibility to name such a product within his bid and to prove to
the City that said product is equal to that specified and to submit brochures, samples, and/or
specifications in detail on item(s) submitted. The City shall be the sole judge concerning the
merits of the bid submitted.
SCOPE OF BID: The purpose of this bid is to provide a two (2) year contract for the
supply and installation of water service connections related to the 2" galvanized water
main replacement program to include taps; service connections; placement of meter boxes;
valves; service lines and restoration; along with relocation of water services, meters, and
mains from rear easements to front yards at various locations within the City of Boynton
Beach Utility's service area.
Contact: City of Boynton Beach Procurement Services
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
(561) 742-6322-Janet Allen
Office Hours: MONDAY - FRIDAY, 8:00 A.M. TO 5:00 P.M.
2
SPECIFICA TIONS
FOR
TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION
OF WATER SERVICE CONNECTIONS AND RESTORATION
This specification is for the two (2) year supply and installation of water service connections and
service lines, to include water taps and restoration related to the 2" galvanized water main
replacement program; relocation of rear easements to front yards; and replacement of existing
water mains and service connections utilizing published Utility Department Standards of
Construction from the mains through the meter box and Standard Plumbing Code from the meter
box through the building connection at various locations within the City of Boynton Beach
Utility's service area, Boynton Beach, Florida.
Please place an (x) on the blank line next to each item if a specification is met. If exception is
taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit
specifications "check-off' sheets (pages 3-5) with the proposal sheet in order for a bid to be
considered. One set of original and two sets of copies ofproposaI.
'x. The unit bid price for house water service connections at the new City installed meter and
house valve includes the 1" gate valve at the house connection and sod restorations
specific to each house
~ This price will be for all labor and materials necessary to perform the installation in
accordance with the Standard Plumbing Code, City of Boynton Beach Codes and
Ordinances, and includes all work not paid for under separate item
L Also included in the unit bid price for water service connection and restoration will be the
cost for all permits outside the City of Boynton Beach. These permits will be obtained by
the Contractor. The City of Boynton Beach requires one permit drawn for each
installation within the City, and these fees will be waived. The Contractor shall provide
all information required for the permit application. The requirement for individual site
plan is waived in lieu of the typical installation site plan which you will provide with your
permit application submittal
)(
All new water services will be connected at the same point of connection at the existing
house valve or service point
X'
Quantities estimated at 350 services per year are provided for estimating purposes only.
Payment will be based on actual installed quantities
3
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
L
x
x
X-
X.
X-
A 12 foot wide temporary easement, the center of which coincides with the relocated
water service, will be secured by the City for the purpose of this installation. The
Contractor will confine his activity to within these limits
The Contractor's entry onto the property for the purpose of this installation, will be
reported to the City Utility inspector 48 hours prior to such entry
The Contractor will provide 48 hours notice to the homeowner by door hanger stating the
Contractor's intention to begin work. Information contained on the hanger will include as
a mmrmum:
Contractor's Name
Name of Contractor's Representative
Date of Entry
Date, Time and Duration of Interruption of Water Service
All work related to each installation including restoration, will be completed within ten
(10) calendar days of the date of entry onto any property
The Contractor's liability insurance will be in effect for all work related to this contract
The Contractor is to submit one (1) original and two (2) copies of their bid
L The Contractor will not store material or equipment on any of the temporary easements.
Equipment and material storage within the right of way shall be with the approval of the
Utility Department inspector and at the risk of the Contractor. No material will be stored
in front of any residence
L All trenches will provide a minimum of 12 inches cover and be a maximum of 8 inches
wide and will be hand dug or performed using trenchless methodologies. No other
equipment will be allowed in the yards. Any request by the property owner to either the
City or Contractor that the trenches be hand dug will be honored and a walk behind
trencher will not be allowed on any private properties
x
X'
Contractor will provide a one (1) year warranty for all work and materials related to the
water service connection, service line and restoration
A daily project inspection by the City Utility will be made and all customers will be
connected to the new water service before the Contractor's quitting time
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
4
y.. The Contractor will respond to all emergency requests within one (1) hour and non-
emergencies within 24 hours. A contact phone number available 24 hOUTS a day 7 days
per week must be provided
X Contractor will prepare a listing of items and quantities from the proposal page on a per
property basis
'x
X
X'
X
This listing will be presented to the Utility Department inspector and mutually agreed
upon prior to any work commencing
Bid proposal prices are valid for two (2) years with the possibility of an extension of one
(1) additional year, pending mutual agreement
The Contractor agrees to commence work within seven (7) calendar days after receipt of
order and will complete the work within ten (10) days per individual property
The Contractor must have an Underground Utility License
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
5
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VI.-CONSENT AGENDA
ITEM C.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) l:8J March 5, 2007 February 12, 2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM l:8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve the City of Boynton Beach to enter into a five-year service and support
agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the city's public
access television station at no cost to the city for the first two (2) years of the contract. After the first two years, the city will
have the option to renew the contract on a yearly basis but in no case would the cost to the city exceed $500 per month.
EXPLANATION:
TVTN is a network of municipally owned and operated Public, Educational and Government (PEG) cable television channels.
TVTN provides municipalities with access to equipment, expertise and supplementary content that augments, but does not
replace locally produced programming. TVTN also aggregates these channels; making it easier to attract corporate
sponsorship funds by providing a single point of negotiation, distribution and invoicing. TVTN services are provided to
municipalities free of charge in exchange for allowing TVTN to broker the network to corporate and local sponsors. TVTN
account representatives will work with city staff to gather video, photos and copy. Their designers use that material to create
full motion video station !D's, various screen templates with photo backgrounds, and professional voice narration within a
unique customized program wheel designed specifically for our channel.
PROGRAM IMP ACT:
In an era when corporate consolidation is threatening media localism and advertising clutter is eroding effectiveness, TVTN
provides a truly local, clutter free television medium that benefits all parties.
FISCAL IMPACT: (Include Account Number where funds will come from)
The cost for the TelVue TVTN service to Boynton Beach is $12,000 in development cost and $500 per month maintenance
cost. During the first two years of the contract, there is no fee to Boynton Beach as TelVue will obtain local business
sponsors to offset these costs. At the end of the two years, the city will have the option to renew the contract on a yearly
basis, and the sponsors will continue to offset the costs to the city. If there are not sufficient sponsors, the city can either
assume the monthly maintenance (or partial maintenance) costs, but in no case would the cost to the city exceed $500 per
month. The city is not responsible for the $12,000 development cost. Should the city not wish to assume the monthly
maintenance cost, we can cancel the service without penalty with a 90 day notification.
ALTERNATIVES:
Do not enter into this service and support agreement. Purchase the necessary equipment to produce full motion video station
!D's, screen templates, photo backgrounds, and professional voice narration. This equipment will cost approximately
$45,000. City staff could approach sponsors on an individual basis,
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
"7-........,_~~
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City anager's SIgnature
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Peter Wallace, Director
Information Technology Services
Assistant to City Manager
~
Department Name
City Attorney / Finance
S.\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
27
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RESOLUTION NO. R07 - 021
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A FIVE-YEAR ACCESS
CHANNEL SERVICE AND SUPPORT AGREEMENT
WITH TELVUE CORPORATION TO REMOTELY
ORGANIZE, UPDATE AND MAINTAIN THE CITY'S
PUBLIC ACCESS TELEVISION STATION AT NO COST
TO THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, TelVue (TVTN) is a network of municipally owned and operated
15
Public, Educational and Government cable television channels which provides municipalities
16
with access to equipment, expertise and supplementary content that augments, but does not
17
replace locally produced programming; and
18
WHEREAS, upon recommendation of staff, the City Commission has determined that it
19
is in the best interests of the residents of the City to approve and execute an Access Channel
20
Service and Support Agreement with TelVue Corporation to remotely organize, update and
21
maintain the City's public access television station at no cost to the City for the first two years.
22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23
24
25
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
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
hereof.
Section 2.
The City Commission ofthe City of Boynton Beach, Florida, hereby
29 authorizes and directs the City Manager to execute a five -year Access Channel Service and
30 Support Agreement with TelVue Corporation to remotely organize, update and maintain the
S:\CA \RESOlAgreements\ T elVue .doc
1 City's public access television station at no cost to the City for the first two years, a copy of
2 said Agreement is attached hereto as Exhibit "A".
3
Section 3.
This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this _ day of March, 2007.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Mack McCray
20
21
22 Commissioner - Carl McKoy
23 ATTEST:
24
25
26 Janet Prainito, City Clerk
27
28 (City Seal)
29
S :\CA \RE SOlAgreements\ T elVue .doc
UVTN-
TelVue Virtual
Television Networks
ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT
(Sponsorship)
f:: ){ , iT
~07- 0;>'1
This Access Channel Service and Support Agreement (Sponsorship) ("Agreement") is made and entered into as of
the __ day of _, 20_, by and between TelVue Corporation, a Delaware corporation with its principal place of
business at 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 ("TeIVue"), and City of Boynton Beach, a FL municipality
or school district, with its principal place of administration located at 100 East Boynton Beach Blvd., Boynton Beach, FL
33435 ("Customer").
WHEREAS,
A. TelVue has developed a proprietary system (the "System", as further defined herein) to assist
municipalities, school districts and others in remotely organizing, updating and maintaining the content of
their cable television access channel(s); and
B. Customer desires to have TelVue supply the System and its TelVue Virtual Television Network Service
(together, the "Services"), and TelVue desires to supply the Services to Customer at no charge to Customer for an
initial two (2)-year period; and
C. TelVue and Customer believe that the costs of the Services may be supplied to TelVue through
sponsorships ("Sponsorships") by third party sponsors (each, a "Sponsor") to be carried on customer's access
channel(s) as part of the Services.
NOW, THEREFORE, in consideration of the premises set forth above and the mutual covenants
contained herein, and intending to be legally bound hereby, TelVue and Customer agree as follows:
1) Pro\lisioQ ot$eryi~~3',
a) There shall be no charge by TelVue to Customer for the Services for the first two (2) years of this Agreement.
Thereafter, a charge for the Services may be made, but only if TelVue determines that revenues from
SponsorshIps are insufficient to cover its normal charges for the Services, and Customer agrees to pay for the
Services, all as more fully provided hereafter in this Agreement.
b) During the term hereof, Customer shall have a license to use the Services solely in connection with the designated
access channel(s) ("License"). The Services will remain at all times the property of TelVue, and nothing herein
shall be deemed to grant to Customer any right, title or interest in or to the Services, or any portion thereof, other
that the License.
e) Customer may not give, sell, lease, assign copy, sublicense or otherwise transfer, in whole or in part, this
Agreement, the License, the Services, other TelVue-provided materials, or any licenses or rights granted
hereunder, except as approved by TelVue in writing.
2) l:JJ~tQrn~r Obliililtions.
a) Customer shall provide TelVue with access to Customer's technical personnel, facilities, systems, databases and
information as necessary or appropriate for TelVue to perform its obligations under this Agreement.
b) Customer shall appoint a Coordinator to act as liaison between Customer and TelVue. If there is equipment to be
located at the Customer location, Customer shall provide and maintain a suitable installation site for such
equipment, and shall provide all necessary electrical, cable and modem connections to such location(s). Except
as otherwise expressly provided herein, Customer and its users shall have sole responsibility for acquiring and
maintaining their own technology environment, including without limitation PC's, laptops, operating systems,
servers, Internet access, local area networks and wide area networks (collectively, the "Customer Environment')
Customer hereby represents and warrants to TelVue that the Customer Environment will meet or exceed the
minimum requirements for same set forth on Exhibit C hereto. Except as otherwise provided herein, Customer
shall be responsible for making any necessary modifications to the Customer Environment, including without
limitation all firewalls, proxy servers and other hardware and software, necessary to access or use the System.
c) The License granted hereunder is for the object code version of the Software ane TelVue-Provided Content only.
Customer has no rights to the source code for the Software or the TelVue-Provided Content. Customer shall not,
and shall not permit anyone under Customer's direction or control to, reverse engineer, disassemble, de-compile
or remove any identifying mark of TelVue or its Licensors from the Software or the TelVue-Provided Content or
16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054
, 10nll
Tel -1.800.885.TVTN ( 8886) Fax-1.856.866.7411
www.tvtn.tv
attempt to do so. Customer may not modify, adapt, translate or create derivative works of the Software or the
TelVue-Provided Content without TelVue's express written consent. The System is licensed as a single product.
The Software and the TelVue-Provided Content may be used only in conjunction with the System.
d) Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants
to TelVue that such content will not violate or infringe any COPYright, patent trademark, trade secret, confidentiality
or other proprietary right of any third part.
e) Customer hereby represents and warrants to TelVue as follows: (i) Customer has the full power and authority to
make, execute, deliver and perform thiS Agreement, and such execution, delivery and performance have been
duly authorized by all necessary action on the part of Customer; (ii) the execution, delivery and performance of thiS
Agreement by Customer does not contravene or conflict with, or constitute a breach of, any agreement to which
Customer is a party.
3) TJC3d~!Dar~ClQ(:L~LJ2tgm~rJ~gDlentli.~~n~~. Customer hereby grants TelVue a license to use and modify content
supplied by Customer as necessary or appropriate in performing the Services hereunder and/or in marketing and
advertising materials describing the Services.
4) II1l.J)l~D1en@Jio n..L\{ill\d~.-l>.dd_~~L9Dc:J Adc:JitiQDC3I';;~.l\lic;~~.
a) In connection with establishing connectivity to the System, TelVue shall provide Customer the implementation,
installation, training and other services set forth on Exhibit D hereto (collectively, the "Implementation Services")
b) From time-lo-time during the term hereof, Customer may desire to have TelVue perform certain additional services
("Additional Services"). TelVue shall perform such Additional Services as agreed in writing by the parties subject
to the terms and conditions hereof.
5) $uppoR~iE!c{K&S. During the term of this Agreement, TelVue will furnish Customer support services in connection with
the Software (the "Support Services") in accordance with TelVue's then-current support policies and procedures. Any
services requested by Customer and provided by TelVue outside the scope of the Support Services shall be billable on
a time and materials basis at TelVue's then-current rates.
6) ~p()Q.s.9!~bip, SE!_r\li~~s.
a)TelVue shall have the exclusive rights to sell Sponsorships to be carried on the access channel(s) that carries the
Services Sponsorships shall be strictly limited to those Sponsors that qualify under the guidelines of the Public
Broadcasting stations as shown on Exhibit G. All fees paid for the Sponsorships shall be paid to TelVue
Customer shall not invoice for or collect Sponsorship fees, and shall promptly (but in any event within five (5) days
after receipt) remit to TelVue any Sponsorship fees received by Customer.
b) From time to time a Corporate Sponsor may conduct or support a local event and may Wish to notify the public
about these events. Customer agrees to approve and air such announcements
7) T~!rrL aJl~:LT~r:rl1iD,aJi()r1,
a) The initial term of this Agreement shall be for five (5) years commencing on the launch date of the Service (the
"Initial Term"). Thereafter upon the written agreement of both parties, this Agreement may be renewed Tor
additional one (1) year terms ( "Renewal Term") Each renewal must be made within 90 days of the expiration of
the then current term.
b) Notwithstanding, this Agreement may be terminated as follows
i) The intent of the parties is that the Services will be provided with no charge to Customer and supported by
Sponsorship revenues received by TelVue and no charge shall be made to Customer for the Services for the first
two (2) years of this Agreement. However, if at any tirne after the first two (2) years of this Agreement TelVue
determines that Sponsorship revenue is insufficient to cover its normal charge for the Services supplied Customer.
TelVue may, by ninety (90)-days' prior written notice, provide Customer with the option of paying fees specified by
TelVue for continuation of the Services or terminate the Agreement. Failure of Customer to respond to the option
within the ninety (90)-day period shall be deemed to be an election by Customer to continue the Agreement and
pay the specified fees for the Services
ii) By either party. In the event of a material breach hereof by the other party, which ~xeach remains uncurerl thirty
(30) days after written notice thereof is given to the breaching party; or
iii) By TelVue, in whole or in part, immediately if TelVue ceases providing the Services to its customers generally.
'fiQQP Horizon Way, Suite 500, Mt Laurel, NJ 08054
Tel - 1800885TVTN (8886) Fax- 1.856.866.7411
wwwtvtn.tv
8) E'lQprielar:Lfiights; Q.Qnfiden1iality.
a) As between TelVue and Customer, TelVue and its Licensors shall own all right, title and interest (including without
limitation all Proprietary Rights) in and to the System and the TelVue-Provided Content and all components,
reproductions, modifications or derivative works thereof, in whole or in part.
b) Customer acknowledges and agrees that the Software shall constitute Confidential Information of TelVue for all
purposes hereof. Confidential Information shall not include any information which (i) is or becomes available to the
public other than as the consequence of a breach of any obligation of confidentiality; (ii) is actually known to or in
the possession of Recipient without any limitation on use or disclosure prior to receipt from Disclosing Party' (iii) is
rightfully received from a third party in possession of such information who is not under obligation to the Disclosing
Party not to disclose the information; or (iv) is independently developed by Recipient without access to the
Confidential Information; or (v) is required by customer to be made known by statute, courts or other legal
regulation..
9) l-imited Warranty"
a)TelVue will use commercially reasonable efforts to correct any error or defect in the Services (each, an "Error"),
provided that Customer timely reports such Error to TelVue in writing and assists TelVue in documenting or
replicating such Error. In the event that TelVue determines that any reported Error was not caused by the
Services, but was the result of a cause within Customer's control, TelVue shall be entitled to reimbursement from
Customer for time and materials expended by TelVue in identifying and rectifying such Error.
b) TelVue does not warrant that operation of the Services shall be uninterrupted or error free or that TelVue will be
able to correct all Errors. To the extent that data is being transmitted over the Internet hereunder, Customer
acknowledges that TelVue has no control over the functioning of the Internet and TelVue makes no
representations or warranties of any kind regarding the performance of the Internet. TelVue has no responsibility
for the accuracy, appropriateness, continuity or availability of TelVue-Provided Content.
10)1DJj~mDlfication. TelVue shall defend, indemnify and hold Customer harmless from and against any and all claims
(including any claim or action brought by Customer's cable television operator), liabilities, damages, demands,
penalties and expenses (including, without limitation, court costs and attorneys' fees) arising out of or in connection with
(a) access to and/or use of the System by TelVue or the TelVue-Provided Content, including Sponsorships, (b) any
claim that the System infringes on the Proprietary Rights of any Third Party, or (c) any breach by TelVue of any
representation, warranty or covenant of TelVue hereunder. Customer shall, to the same extent, defend, indemnify, and
hOld TelVue harmless from any use of the System by Customer.
11 )Ml.scellaneous. This Agreement is made under and shall be governed by construed in accordance with the laws of the
States of New Jersey.
IN WITNESS WHEREOF, the parties hereto have, by their duly authorized representatives, executed this
Agreement as of the date first above-written.
TELVUE CORPORATION ("TeIVue"):
CITY OF BOYNTON BEACH ("Customer"):
By:
By:
Title:
Title:
Date:
Date:
I,FPROVED (_s:: ~-c
CITY AITORNEY
1pQ9,0 Horizon Way, Suite SOD, Mt. Laurel, NJ 08054
Tel - 1800.885.TVTN (8886) Fax- 1.856.866.7411
www.tvtn.tv
Exhihit List:
A. Channel
B. Hardware and Software
C. Minimum Requirements of Customer Environment
D. Implementation Services
E. Value-Added Services
F. Fees
G. TVTN Sponsorship Guidelines
HiqQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel - 1.800.885NTN ( 8886) Fax, 1.856.866.7411
WWW.tvtn.tv
. Channel Number:
· Access Type: Government
. Cable Operator: Adelphia
· Exclusive or (shared with): Shared
E:Xbit?Lt 6
Cbc3n o.eJ
Agreement by and between TelVue Corporation and City of Boynton Beach
dated January 8, 2007.
1fiQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN (8886) Fax- 1856.866.7411
www.Mn.tv
Exhibit~
Hardware and Software
lliQo n so rsJljJ::LMoQ~12
. Switching Hardware will be installed on the feed to the Cable Operator for recognizing the switching
between the TVTN Feed and alternate sources of video. so that Sponsor Acknowledgment verification
can be performed.
. Equipment capable of "playing proprietary multi-media program screens and digital video movies, as
well as receive text messages from remote locations and display those messages.
. Information Screens (screens that contain programming codes that will display a multi-media
presentation that can contain: Photographic backgrounds, foreground photographic images. text,
animations, voice-over narration, short digital video clips.)
. Design and production of video screen templates comprised of photographic background, logos and
text. Some containing voice over announcements describing their contents.
. Remote access capability for updating text message pages using TVTN's proprietary Internet based
WEBUSR system. Users can post text community announcements or trusted users can generate
emergency announcements.
. Local emergency screens and related WEBUSR connectivity.
. School emergency closing screens and related WEB US" connectivity.
. Weather screens that can be updated remotely from a weather service to be provided as part of the
monthly support program.
. Local traffic conditions screen that can be updated from local traffic cameras (if the data is available in
your area).
. Store and archive video (MPEG) on the TVTN Media Player.
. Contain a program wheel.
. Scans of photographs for production of templates and program wheel.
. Fu II motion video based statIon breaks and channel IDs.
. Audio library of screen setups and generic ani1ouncements.
. Firewall device for installation on High-Speed Internet access connection.
Agreement by and between TelVue Corporation and City ()f Boynton Beach
dated January 8, 2007..
16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885TVTN ( 8886) Fax- 1.856.866.7411
WWW.tvtntv
Exhibit C
Minimum Requirements When
Installed at Customer's Location
Site Preparation:
· Secure, adequate desktop or equipment rack space (minimum 4 U), in an environmentally controlled
space, to accommodate the TVTN Media Player within 100 feet of the Cable Operator supplied
Channel Modulator.
· Uninterruptible AC power source to accommodate up to a quantity of 4, 115 volt-20 amp receptacles
· An operational High-Speed Internet Access connection (minimum 768K down, 128K up or better),
with an IP address, and open access to the Internet so that TelVue may install its Firewall/VPN
equipment.
· Calibrated Video Signal for each channel(s) supplied from the serving Cable Operator's Channel
Modulator.
· Customer extends a coax cable connection from the Channel Modulator, and a Category 5, 5e or 6
network connection from a High-Speed Access demarcation, each not to exceed 100 feet, and each to
terminate where the TVTN supplied Media Player will be located.
· Minimum of one WEBUSR capable desktop or laptop.
· A site survey conducted by TVTN personnel or their agents may determine that more minimum
requirements may be required, based on the customer's facility.
Implementation Phase:
· Access to and support from technically proficient individuals familiar with the Cable Operator Channei
Modulator connectivity and the customer managed WAN and LAN connectivity during the Implementation
Phase.
· Minimum of one customer-designated individual for the on-site training and WEBUSR testing.
Agreement by and between TelVue Corporation and City of Boynton Beach
dated January 8, 2007.
1RQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN (8886) Fax- 1.856.866.7411
www.tvtn.tv
Exhibit D
---~-_._-- --
Implement~!l~o$ervice~
TelVue shall implement within days of the execution of this agreement or by_____ _ 20__ _' whichever IS
later. complete system capable of activation on the customer's Cable Access Channel, and includes the following features
. Installation and use of the hardware and software for the designated contract.
. Setup of content for the initial program wheel.
. Scans of up to twenty five (25) photographs provided by Customer for production of templates
and program wheel.
. Record up to twenty five (25) generic Audio Announcement Library messages.
. Develop up to four (4) category Templates for WEBUSR Screens.
. Create up to tenfour category Bumper Screens with Audio.
. Create up to four (4) local Emergency Alert Templates with "Instant Insertion".
. Setup of school closing screens four (4) with "Instant Insertion".
. Production of up to two (2) full motion video hased station hreak channel ID. From video
provided by Customer.
. Setup of a series of Weather screens that can he updated remotely from a weather service to he
provided as part of the monthly support program.
. Setup of local traffic condition screen that can be updated from FLDOT (if the data is availa
from them).
. Setup for one administrator and up to twenty (20l users (either "trusted" or ., moderated" in
any comhination Customer selects). Users can post text community announcements or trustee!
users can generate emergency announcements.
. Development of Network Content Templates.
Agreement by and between TelVue' Corporation and City of B\,ynton Beach
dated January 8, 2007.
11WPO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411
wwwtvtn.tv
Exhibit E
Value-added Services
During the term of this agreement, TelVue will provide to the customer in consideration for the monthly support fee:
Monthly Services Include:
· Use of the TVTN Media Player.
· Maintenance and repair of all TVTN provided equipment and software at Installed location.
· Emergency equipment replacement or repair.
· Twenty-four hour, seven-days a week remote monitoring of TVTN equipment with the
ability to diagnose hardware and software problems, repair them and reboot the player.
· Distribution and scheduling management of up to two hundred (200) total channel screens.
· Capability to display up to twenty (20) High Production Screens
· Delivery of TVTN formatted information and programming from third party governmental
and educational sources.
· Licensing and server support for five (5) WEBUSR users (remote access).
· Production of up to four (4) "highly produced" screens (Photos, video clips, headlines,
animations, graphics and audio voiceover) for special events. from materials and copy
provided by Customer, or Superuser status. TVTN superuser status allows a user to create
[heir own High Production Screens.
· As needed Program Wheel Screen Position adjustments.
· Up to included Video to MPEG Conversion (:30 seconds per conversion).
· Weather forecasting licensing service to run on the weather screen.
· Real Time Traffic (if available).
· TVTN County, State & Federal Network (if available).
· PSA-Public Service Announcements.
Agreement by and between TelVue Corporation and City of Boynton Beach
jated January 8, 2007.
1R~0 Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel - 1.800.885.1VTN ( 8886) Fax- 1.856.866.7411
www.tvtn.tv
Start-Up Charge: S12,000.OO
Monthly Service Fee: S 500.00
Billing Infonnation
Address:
Attention:
Purchase Order or File #:
Exhibit F
----~-- .--
Fees
(First two years waived under Sponsorship Plan)
[]Quarterly Billing
or
DAnnual Billing
Agreement by and between TelVue Corporation and City of Boynton Beach
dated .T anuary 8, 2007.
1,EiQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel - 1800.8851VTN ( 8886) Fax - 1.856866.7411
www.tvtn.tv
Exhibit G
TVTN Sponsorship Guidelines
In order to meet non-commercial requirements TVTN has set out guidelines that are followed Public
Broadcasting Stations:
Sponsorship Acknowledgment Guidelines (PBS-Iike):
Permissible:
Name ofproduct(s) and/or service(s)
I. Up to : 15 seconds of acknowledgement
2. Name ofproduct(s) and/or service(s)
3. Company location
4. Number of years in business
5. E-mail address or website (preferably visually depicted)
6. Telephone number
7. Non-promotional, value-neutral descriptions of products or services
8. Use of well-known mottos or slogans that are non-promotional in nature
o Signature music or appropriate sound effects as a means of enhancing visual and voice-over that are
non-promotional in nature
N on- Permissible:
I. Overt promotion of products or services
2. Price reference
3. Call to action or inducement to buy
4. Comparative or qualitative descriptions of products or services
5. Third-party reviews (from newspapers, magazines, etc.)
Standards and Practices:
Sponsorships will not be accepted from the following:
I. Liquor stores or bars or other establishments whose primary business is the sale of alcohol. (Restaurants
that serve alcohol excluded, provided alcohol is not mentioned in the acknowledgement).
2. Any manufacturer or distributor of beer, alcohol or tobacco.
3. Any entity that promotes the use or sale of illegal drugs or drug paraphernalia.
4. Adult bookstores, adult movie houses and video dealers or strip clubs or any other entity that provides
aduit oriented content or products by mail-order or through the internet.
5. Political parties, lobbying groups, political action committees or cause based organizations.
6. Direct Broadcast Satellite services or competitive media.
7. Any illegal or off shore gambling entity or entity that provides infonnation that enables or can be
associated with illegal gambling.
8. Manufacturers or sellers of firearms, ammunition, gun repairs, accessories, targets, stUll guns, tear or
pepper gas dispensers, and rifle and pistol ranges. Retailers who sell other products not fireann related
can be sponsors provided they do not promote firearnl related products (for example, department stores
and sporting goods stores).
1RQQO Horizon Way, Suite 500, Mt Laurel, NJ 08054
Tel - 1.800.885.TVTN ( 8886) Fax- 1.856.866.7411
www.tvtn.tv
VI.-CONSENT AGENDA
ITEM B.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 5, 2006
D January 2, 2007
D January 16, 2007
D February 13,2007
November 20,2006 (Noon.) D
December 18,2006 (Noon) ~ March 5, 2007
January 2, 2007 (Noon) D March 20, 2007
January 22, 2007 D April 3, 2007
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March 19,2007 (Noon) (."
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NATURE OF
AGENDA ITEM
D AnnouncementslPresentations
D Administrative
~ Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D City Manager's Report
D New Business
D Legal
D UnfInished Business
D
RECOMMENDATION: A motion to approve the emergency repair work performed by Chaz Equipment Engineering
Contractor of Wellington, Florida in the amount of $23,108.75 to repair and rehabilitate a wet well at Lift Station
#516 which was sinking; and Uretek ICR LLC of Lakeland, Florida in the amount of $18,385.50 for soil stabilization
work at the site, for a total of $41,494.25.
EXPLANATION: On Friday, December 22, 2006, Wastewater Pumping Stations staff discovered during a
maintenance inspection, the wet well at Lift Station #516 was sinking. They identified cracks in the concrete deck
portion, as well as shifting and leaning of the control rack. Further investigation discovered leaks in the wet well's
concrete walls. The infiltration in the wet well caused a sinkhole around the station and the earth had become
unstable. After staff met with Chaz Equipment it was recommended that we proceed immediately with chemical
grouting around the outside of the walls of the wet well. This would slow the infiltration so the leaks could be
repaired from the inside of the wet well. The next step was to pump a cementitious grout outside the wet well at the
base of the structure to stabilize the earth and support the structure from further movement. The Utility Department
used Uretek ICR LLC of Lakeland, Florida for the soil stabilization work. Once the ground was stable and leaks had
been repaired, the final process of SewperCoating the structure was applied. This final process restored the wet well's
overall structural integrity and prevented any future leaks.
The emergency work performed by Chaz Equipment Engineering was procured by piggy-backing the City of Delray
Beach Bid# 2002-37. Three (3) quotes were obtained for the soil stabilization work, with Uretek being selected as the
lowest responsive quote.
PROGRAM IMP ACT: The repair pr,ocess needed to start immediately to reduce further risks or even complete
failure of the structure. Such failures have resulted in replacement of the wet well.
FISCAL IMPACT: The urgency saved us spending in excess of $250,000.00 in replacement costs, thus justifying the
emergency repairs. Account#: 403-5000-590.96-04 SWR 011
C: Pete Mazzella - Deputy Director of Utilities
Michael Low Deputy Director of Utilities
File
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Lift Station #516 located in the Sandalwood community near North Congress Ave. & Miner Rd.
was sinking therefore, the only alternative was to repair such.
Department Name
City Attorney! Finance
C: Pete Mazzella - Deputy Director of Utilities
Michael Low Deputy Director of Utilities
File
Memorandum
Utilities # 07- 17
RECEIVED
FEB n i~ 2n'l7
- IV vVl
From:
Bobby Jenkins
Assistant Finance DirectojJJ
Kofi Boateng, PE V /\t<'. , ~__
Utility Director ~. . ~~---1
February 1, 2007
Piggy-Back Delray Beach Bid #2002-37
"Manhole Interior Rehab"
Uretek ICR LLC
"Soil Stabilization"
To:
~Ho~
Date:
Subject:
Agenda Item I Emergency Repairs to Lift Station #516
On Friday December 22, 2006, Wastewater Pumping Stations staff discovered
during a maintenance inspection, the wet well at Lift Station #516 was sinking.
Lift station #516 is located in the Sandalwood community near north Congress
Ave. and Miner Rd. They identified cracks in the concrete deck portion, as well
as shifting and leaning of the control rack. Further investigation discovered leaks
in the wet well's concrete walls. The infiltration in the wet well caused a sinkhole
around the station and the earth had become unstable. The Lift Station was
placed on bypass until repairs were completed.
A call was made to Chaz Equipment Engineering Contractors of Wellington,
Florida. Chaz Equipment has worked with the City on many occasions repairing
and rehabilitating manholes, wet wells and piping. After City staff met with Chaz
Equipment, it was recommended that we proceed immediately with chemical
grouting around the outside of the walls of the wet well. This would slow the
infiltration so that the leaks could be repaired from the inside of the wet well.
The next step was to pump a cementitious grout outside the wet well at the base
of the structure to stabilize the earth and support the structure from further
movement. The Utility Department used Uretek ICR LLC of Lakeland, Florida for
the soil stabilization work. Uretek was the most responsive and cost effective
proposal of the three proposals submitted. Once the ground was stable and leaks
had been repaired, the final process of SewperCoating the structure was applied.
This final process restored the wet well's overall structural integrity and
prevented any future leaks.
This repair process needed to start immediately to reduce further risks or even
complete failure of the structure. Such failures have resulted in replacement of
the wet well. The urgency saved us spending in excess of $250,000.00 in
replacement costs, thus justifying the emergency repairs.
Attached is Chaz Equipment's proposal of $23,108.75, based upon a copy of the
Delray Beach bid, Uretek ICR LLC's proposal of $18,385.50; a map of the lift
station location and pictures. The cost of the repair project is $41,494.25 Funding
is available in account # 403-5000-590.96-04 SWR 011.
Please present these two items at the next City Commission meeting for their
approval. If you have any questions contact me at ext. 6401 or Tony Lombardi at
ext. 6421.
TL/kb
Attachments
Xc: Pete Mazzella
Michael Low
Tony Lombardi
Barb Conboy
Dan Spooner
George Peck
File
~pler, Carol
":rom:
ant:
fo:
Cc:
Subject:
Mazzella, Pete
Thursday, February 08, 2007 2:38 PM
Doppler, Carol; Low, Michael
Jenkins, Bobby
RE: Agenda Item Request for Emergency Repairs to Lift Station #516
Carol
The first item in the Chaz quote mentions Sewpercoat, which is the trademark name for the cementitious material
specified in the Delray bid. You will note that the unit price per square foot is the same as that listed in the Delray bid for
lift stations. The last item on the Chaz bid was for grouting by a specialty subcontractor. This work was essential to
controlling the inflow of groundwater, and the subsequent repair of the station. Due to the nature of the emergency repair,
we had to proceed quickly to avoid additional damage.
Regarding Uretek's selection, they were the lowest responsive quote. Southwest Pressure Grouting did not furnish
sufficient information for us to perform a technical evaluation of what they were proposing. We therefore could not accept
their quote as fully responsive.
Michael is in a meeting until later this afternoon, so I took the liberty of responding, in hopes that we can stay on the March
5 agenda, and get the contractor paid in a timely manner. I hope you will consider my explanation favorably, and be able
to accommodate our request.
Sincerely.
Pe,te,1" tI. ;tfazze,11a
Deputy Director of Utilities
ity of Boynton Beach
561-742-6404
Fax 561-742-6298
From: Doppler, Carol
Sent: Thursday, February 08,2007 1:16 PM
To: Low, Michael
Cc: Mazzella, Pete; Jenkins, Bobby
Subject: Agenda Item Request for Emergency Repairs to Lift Station #516
Michael:
After reviewing the referenced item I found some discrepancies in the pricing :
You will note on the Proposal from Chaz Equipment, the first and last item are not on their proposal that they submitted to
the City of Delray Beach. I would not normally be too concerned but these items total $16,587.75 which is like 2/3 of the
job. Please explain.
The company that was selected for soil stabilization was Uretek ICR, LLC for $18,385.50 and yet Southwest Pressure
Grouting, Inc. Quoted $15,200.00. Please explain.
Unfortunately this will not make the March 5, 2007 agenda as the deadline is Monday the 12th.
Thank you.
Carol Doppler, CPPB
;enior Buyer
ity of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
561-742-6323
1
.E.2fpler, Carol
From:
Sent:
To:
Cc:
Subject:
Doppler, Carol
Thursday, February 08, 2007 1: 16 PM
Low, Michael
Mazzella, Pete; Jenkins, Bobby
Agenda Item Request for Emergency Repairs to Lift Station #516
Michael:
After reviewing the referenced item I found some discrepancies in the pricing :
You will note on the Proposal from Chaz Equipment, the first and last item are not on their proposal that they submitted to
the City of Delray Beach. I would not normally be too concerned but these items total $16,587.75 which is like 2/3 of the
job. Please explain.
The company that was selected for soil stabilization was Uretek ICR, LLC for $18,385.50 and yet Southwest Pressure
Grouting, Inc. Quoted $15,200.00. Please explain.
Unfortunately this will not make the March 5, 2007 agenda as the deadline is Monday the 12th.
Thank you.
Carol Doppler, CPPB
Senior Buyer
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
561-742-6323
1
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CITY OF BOYNTON BEACH
UTILITIES DEPARTMENT
LOCATION REQUEST FORM
Sunshine State One Call 1-800-432-4770
DATE:_l' ,I .O"l BEGIN WORK DATE: A9i.p
TICKET#:O\ IlmcDq EMERGENCY(iyN
48 HOURS: REQUESTED BY: ILX\'-{
GOOD UNTIL: d' Ie 0 CALLED IN BY: M.l(,~~ .H..Q
UPDATE BY: ~. IY SPOKE WITH: -
PROPERTY ADDRESS: LS 5U~ S(lf\c10\LuUexJ -b~l-
SUBDIVISION: \ ~ CROSSING INTERSECTION: ~ CJ++onl.Doc::d l"-v
TYPE OF WORK:
LOCATION DESCRIPTION: } CD' U('OUfld (
'-"'
DURATION OF JOB: 3 dOLfS [HEAVYEQUIP:WORNO] DIGGING DEPTH: ~~
AREA WHITE LINED: YES OR@ DIRECTIONAL DRILLING: YES O~
WORK SHOULD NOT COMMENCE WITHOUT PROPER CLEARANCE
NEED
CLEARANCE
FROM:
y.
,,/
MEMBERS WHO WILL BE
NOTIFIED
CLEAR/MARKED
DATE
BELLSOUTHI CLS
ADELPHIA
FPL
FPU/GAS
PALM BEACH TRAFFIC
SPRINT
MCI WORLD COMM
WILLIAMS TELECOMM
QWEST COMM
EPIK COMM
;. CITY OF BOYNTON
PROGRESS TELECOMM/CLS
XSPEDIS
PALM BEACH WATER
FPL PB
FPL SUBAQUEOUS
FPL DIGITAL NETWORK
OTHER
y
1.1~.
I .) .
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PLEASE GIVE DIRECTLY TO FRONT DESK CLERK
location request form 2003Updated 1/17/2007
tt!:l ..... v 11 V~... r
C!~~~c!~o~I'IIJI
i
3180 Ftir1ane Fanns Road, Suite 1
Welll~on. Florida 33414
Tel: (58/1) 339-2109 Fax: (561) 333-2180
LIFT
STATION
REHABILIT A TrON
PRCJ)POSAL
CIty of Boynton Beacl'l
Mr. Tony Lamtwtrdi
124 EIISt Woolbright Road
BgyrltDn Seedl, Florida 33435
JanUlNy 8. 2007
(561) 742-6421
(581) 742-62f18
I
PIea&e I'8VIew this proposal for !he ~illtation cf Lift SIation ~16 using SewperCoat and Other related wartt Items;
TrIll propoI8' and II In IICCOrdence WIth "p1ggy-bec:kh1ct our CItv fII D.e... ........... ConhcII ROo2~
I
lift 8bItIon No. 511: Lcx:ation; Sandalwood Drive
D1menlJoIll: Co/lecIlon Wet Well Chamber - 8' dlemeter X 2" deep;
Sewpercoet 803 sq. fl. S18.00Isf:
Remove ....ng COIItinga 603 '.r. . S7/"t
Recanstrud 8' diamelBr fillet @ $12OO1ea:
(X2) ReIna.." 8ldsting S" pump base .. S5S0Jea: ,
Repeir n'l8jor inlillr8tion (E$timal8 - 10 be lin8Iized onca W8lW8" is c1e.ned & 1nIpecIed:
$10,854_00
$4,221.00
$1.200.00
$1.100.00
,..S7...5OO.oo
$24.875.00
Total Propcijsal EstIm8I8:
$24.87s.oo 1
~-~~
C _~ l
aB-. ~
Project Utnlger
P8ae 1 of1
SII'/".lllC'alTlil
19j ~)I.)'::::/ 1.)1.).;:
C!~~gC~~O~I'1111
I
3180 F.irlane Farms Road, Suite 1
I
I
Wellington, Aorida 33414
Tel: (56\1) 333-2109 Fax: ($61) 333-2180
INVOICE
City of Boynton B88ch
Fln8ncl81 SelvIcee Depat'lrnenl
P.O, Box 310
BoynIan Beach, Florida 330425
Inyolce 107-114
.Hinu.ry 28. 2.007
PkNlM remit tow8rd1 thlllnvok:e for IIIOf1t compleI8d on reh8bllltltlng LIft $bation lJ516 u~ the Delray Besch Contract 12002-37;
This work ..,. aulhorlzed and compIe1Bd under the guidance and authortxatIon r:I the City Of! Boynlgn ~-
Lift station !aJ1I; Location: Sandalwood Drive
Dlmenalons: CoIedIon Wet Wet Chamber ~ 8' diameter X 21' deep;
Sewpert:08t 803 sq. ft. . $18.00I1f: . I
Remove existing C08lings B03 d.@f7fd'/"
ReconeU'Uct S' d...".. tlIIet. $12OO1ea: .. (
,/
(X2) R.il'll!llan exi8ting 6" pump b8ee @ $550/e8:
RepaIr mBjor infilntion (RocIdlne lMIbcontl'8Cled - not in contract):
$10,854.00
$4,221.00
$1,200.00
$1,100.00
$5;733.75 .
$23,108.75
r- TcDll,..ce Amount:
$23,111.7151
.._-~
~
BlBd MIIIIr
PTVjIIcI MIIn8ger
Pllp1C1'11
SEw-.QlCoIr.~
v II r(..1 (..VVI VV. ("l- I nl\ """0 l~h..hJ(" ruv
vlr""L Lb/U.L' II'LI' 1 UU .Ll'u
~ VV(..I VVL
.1i=N-FI"28l!17 15:51 FROM:
TO:1SiS133321se
P.2
p'
.',
, ROCKLlNE VAC SYSTEMS. INC.
2580 S.W. 32nd. StreBt
. Ft. Lauderdale, Fl. 33312
DATE
1./ a/07
INVOice tII
31541.
BILl. TO
. .
CHAZ EQUIPMi:NT
J1BO Fairlane. Farms Roaa
Sui te #1: .
Welii~gtpn,Ft ~3414
o.
.
"1'
'. P.o. NO. TERMS
Net 30
, .
:QTY' . .. DESCRIPTION RATE . AMOUNT
~
, : STATION iIIS16
LIFT
SanClalwood n.r.
, Cit.y Of Boynton Beach
,
114/07 & 1/5/07
, .
6.25Hr ' Seal leaks in lift station 185.00 $1,156.25
1/4/07 .
. J
, .
1 . Hr Travel 165.00' 185.00
11_"J.z;\r~ Grout Use'(! 14.50 2,610.00
5.5 H:r Seal lea.ks in lift station 195.00 1,017.50
1/5/07
1 . Hr. Travel 165.00 1 as. 00-
40 GAL Grout Used . . 14.50 580.00
.
,
,
.
Total $5,73J.7$
Thank you for y,our, bu.ln.... ' ..
FROM :CHAZ EQUIPMENT CO., INC.
FAX NO. :5513332180
Aug. 29 2005 02:12PM P2
[ITY DF DELRAY BEACH
.r,:,
'I...
;. "i I " ~
Ll[~1 ,RAY DEACH, I'LORIDA 3:;4;1~
SO 1 /:24c\- 7001l
DElRAY BEACH
....,
All-America City
, , III!
100 N.W. bl AVFNLJl=
July 12, 2006
19(n
~onl
Gary C7.ajkowsk.i~ President
Chaz EquipllJ.ent Co. Inc.
3460 Fairlane Road, Suite #8
Welli11gton, Florida. 33414
REF: Bid #2002-37
Sanitary Sewer Manhole Interior Rehab
Annual Contract, 4th Year Renewal
Dear Mr. Czajkowski;
Our City Manager, on July 05, 2006 ha~ approved thc one (1) year renewal with your company for the
above referenced sul~iect.
Term. of the contract will be frnm October 01, 2006 to S~pt.ember 30. 2007. Hem(s) shall be ordered
via individual purchase orders and/or blanket order releases on an "as need~d basis" for the contract
term .
We would like to thank. you for your good service and interest in the City of Delray Beach. If you have
any questjons, you may reach me.~t (561) 243-7163.
Sincerely,
~~~~Pif~
.J acklyn Rooney
purchasing Manager
~
CI~: J oseph Safford~ce Director
Victor Majtenyi, Deputy Director Public Works
Richard 1 lasko, Director of Environmelltal Services
Scott Solomon, Manager Water & Sewer Network
rl-....~ ~.;.:"..;;-:-rC.;"'.:-;::::=~-;,:.-;.':-:;:.::"
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JUL 1 S 2006
\....:.0..:.1.
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@) PrinlG:d 011 n""yd/ild Pill"'"
THL. EFFORT ALWAY~) MATTER~.3
FROM :CHAZ EQUIPMENT CO., INC.
FAX NO. :5613332180
Aug. 29 2006 02:13PM P3
CITY DF DELRRY "EAtH
,~
DELRAY BEACH
.~
AII.Amlirlca City
" III~
100 N.W. '1 ~i AVLNUF
IJEl.HAY BEACH, Fl.Ol.\IrJA 33'IA4
t:,61/~~'1:~..70QO
June 26, 2006
rt:~. ~;:=:': :-=1:.:':;: . ';~-'.: ':' ..' .. :,,~:,:'-
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1~93
2001
Gary Cutikowski, President
Chaz Equipment Co,Inc.
3460 Fairlane Farms Road, Suite #8
Wellington, Florida 33414
REF: Bid #2002-37
Sanitary Sewer Manhole Interior Rehah
AnnuaJ Contract, 4nd Year Renewal
Dear Mr. Czajkowski;
The annual contract for the above referenced Hid e)(.pires on September 09, 2006. Per page #5, Section 20
"Renewal" of the Genera.l Conditions of this bid package: "The City Manager may renew the contract, at the
same terms, conditions, and prices for four (4) consecutive tenns of one (1) year subject to vendor(s)
acceptance, satisfactory performanco and deter,mination that renewal will be in the best interest of the City".
Please advise if thilil extension of your contract at prices quoted in your original Bid dated August 27, 2002
would be acceptable.
Respond by signing below and returning one original copy to my attentjon~ Jaeklyn Rooney, Purcha.~jng .
Division, City of Del ray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444.
Sincerely.
c;,-e.A~r~. K07Jvui.~)~ /
Jacklyn Rooney, Purchasing Ma~ager
/'
.r;::.bY . ( t~ the DDe (1) year extcn,iOD Df tho 'Dbject Bid
to provide a one (1) year extension of the subject Bid
_~..;) C; - Q~,
Date
,,-
,
s~;~rc
/'l~.' ,
(-;/1.. ,~!'(nr~J-5,4(
Name (p t)
cc: Joseph Saffo~ance Director
..
@ r'I:/)h~('! (WIn R~cyc.;,'r.J(~ r';lt)I~'
THC Et-:F()RT ALWAYS f\.,~ATTrn'::,
:;[I1Y DF DELAAY BERtH
,~
DELRAY BEACH
.,.,
All-America City
ltllt!
100 fl Ii. "; s\ f\VEI',JU E
DELR/\'( BEf\CH, FLOP.IDp, 33444
56ii2il3-7000
July 15, 2005
1993
2001
Gary Czajkowski, President
Chaz Eql.lipment Co. Inc.
3460 Fairlane Farms Road, Suite #8
Wellington, Florida 33414
r R.EC T~~T~IEIJ
IB;UL 2 0 Z005 .
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RE: Bid #2002-37
Sanitary Sewer Manhole Interior Rehab
Annual Contract - 3rd Year Renewal
Dear Mr. Czajkowksi;
Our City Manager, on July 14, 2005, approved the one year renewal with your company for the
annual contract for Sanitary Sewer Manhole Interior Rehab.
Tenn of the contract will be from October 01,2005 to September 30,2006. Items will be ordered
via individual purchase orders and/or blanket order releases on an "as needed" basis for the
contract tel1.n.
Please forward to my attention, an updated certificate of insurance,_ naming the City of Delray
Beach as additional insured at limits specified in the bid package.
We would like to thank you for your good performance and interest in the City of Deh-ay Beach.
If you have any questions, yqu may contact me at (561) 243-7163.
Sincere!')',
Cp..:.J0.1Z,'fi-^-- R rJ2Vl)t~t-'1.-
(J t, 0
J aclclyn Rooney
Purchasing Manager
cc: Joseph Saffor~ance Director
Dan Beatty, Deputy Director Public Utilities
llichard Hasko, Director of Environmental Servi~es
Scott Solomon, Manager Water & Sewer Network
@ ,":"rir:t.s',_-/ Oil F1e~--:.'Y,:'E<j F~~~,!)6(
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[ITY OF DElRRY BER[H
..
DELRAY BEACH
~
All-America City
l111E
100 N.W. 1HI AVENlJF.
OF.L8AY AFA,-H, FI Onlfl^ :.\:';.14.1
(j()1/2-13 7000
JW1e 28,2005
1993
2001
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3330 F:1irliL-"le r:armsRo.~rl, ;o:!16
Wellington, Florida 33414
REF: Bid #2002-37 - SanitarY,Sewer Manhole lnrerior
Rehab - Annual Contract, 3rd Year Renewal
Dear Mr, Czajkowski;
The annual (;ontra~t for lhr.: above: referenced Bid expires on September 30, 2005. Per page #5, Section 20
"Renewal" of the General COI'Iditions of this bid package, "The City M.magerrruiy rene~ the contract, at the
same terms, oonditions, and prioes for four (4) consecutive terms of one (1) year subject to' vendor(s)
acceptance, satisfactcny performance and determination that renewal will be in the best interest of the City".
.~..., ,.!
Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002 would be
acceptable. .
Please respond by signing below and returning one original copy to my .attention~Jacklyn Rooney, Purchasing
Division, City of Delray Beach, 100 N. w. First Avenue, Delray Beach, Florida, 33444.
Sincerely,
,.........~ . ,-:( /,1 "iJ/,. "'d'
'- _ ,f,~~ .'-Y.,J-~/,'J/\._ / ~ (,:!, )" 7.?. ."....... /
J acklyn Rooney, Purchasing anag,i
~
7;'here: ~7 Ofte (1 {year extension of the subject Bid
--'- I am / ti provide a one (I) year extension of the subj eot Bid
/ ."-'=---~- . . 1'-/ ;J - oS
~~ . Date
6:g,.,; dolo ~kSii
Name (print,(
cc: Joseph Safforcf,~ance Director
~ PmllL.'C/ [If! AL'cvt~'h\l! P:IfJ/"
Till E,i(")nl AIWAY~; MAllf'HS
,_I ,-11; _ 1 1~:.'4
r"y DF DELAAY BEACH
lJiLRAY BEACH
~
All. America City
1 " I t'
,c
"',i;JW I',IJ\I/H'JI!!
Illl HAY RFN;/I.I-l onlflJ\ :n1~;1
!inl/c4:J 7000
11)(n
:::or J J
January 14, 2004
Mr. Gary Czajkowski
3460 Falrlane Farms Road. #8
Wellington, Florida 33414
, ..:.- ~If(.:
To whom it may concern,
This letter is to confirm that the City of Delray ~~ach Contract #f002-37 for Sanitary Sewer Manhole
Interior Rehabilitation - Annual Contract isan open-ended unit-price contract applicable to one or
lore" unit measurements herein with rio limit on price total so long as unit prices reniain constant in
accordance to the contract document.
Consideration in awarding rehabilitation of sanitary manhole to Chaz Equipment Company in
accordance with the above contract by 1..jnij price oonsideration and without limit to' total sum by any
municipality or governing body within ~f1e State of Florida may be given under "piggy beck'
provisions without f.urther need of appr~wal from the City of Delray Bea'ch.'
8-incerely,
J:.~.Ia/<<-_"
. Patsy d I, Buyer
City 0 ray Baach
cc: Joseph SaffordS::k:t:~e Director
Jackie Rooney, ~'~sing Manager
(-.
~J jltjll{~tJ On HtJ(:v,~Jf:lr1 p,~",."
THE E F F () R T A I 'A/n v C' f\ It ^ -" r ~ ~
, i '-TY DF DElRAYBEAtH
L__..AY BEACH
~.
AII.America City
"III!
1993
2001
{:iA ~"
.~
100 N,W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
August 19,2004
Gary Czajkowski
Chaz Equipment Co. Inc.
3380 Fairlane Farm Road, #16
Wellington, FL. 33414
REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab
Annual Contract - 2nd Year Renewal
. 1<1: ~ "'::. ,~ .
Dear Mr. Czajkowski;
SEp.O 8 20D~
Our City Manager, on August 18, 2004, approved the one year renewal with your company for the
annual contract Bid# 2002-37-Sanitary Sewer Manhole Interior Rehab.
Term of the contract will be from October 01, 2004 to September 30, 2005. Items will be ordered
Via individual purchases orders and/or blanket releases on an "as needed~' basis for the contract term.
Plea::;e forward to my attention. an updated certificate of insurance. naminlZthe City ,')fDelrav Beach
as an additional insured at limits specified in the bid package.
We would like to thank you for your good service and interest in the City of Delray Beach. If you
have any questions, you may contact me at (561) 243-7161.
~cerelY, . .
U~71~
Pats#adal, Buyer
/
cc: Joseph Safforffian{e Director
Dan Beatty, Dep. Difector of Public Utilities
Scott Solomon, Martager Water/Sewer
"
THE EFFORT ALWAYS MATTERS
)1"'" DF DElRRY BEAtH
Dh._,(BEACH
~
AII.Arnenca City
, , " I!
1993
2001
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444,561/243.7000
July 14,2004
Gary Czajkowski
Chaz Equipment Co. Inc.
3380 Fairlane Farm Road, #16
Wellington, FL. 33414
JUL '!.. 6 LUUlt
REF: Bid #2002-37 Sanitary Sewer Manhole Interior
" Rehab- Annual Contract
2nd Year Renewal
Dear Mr. Czajkowski;
The annual contract for the above referenced Bid expires on September 30, 2004. Per page #5, Section
20 "Renewal" of the General Conditions of this bid package, "The City Manager may renew the
contract, at the same terms, conditions, and pric'es, four (4) consecutive term(s) of on~ (1) year(s)
subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the
best interest of the City". .
Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002
would be acceptable.
You may respond by signing below and returning one original copy to my attention, Patsy Nadal,
Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444.
Sincerely, - ~', J."
\ '+ /. j, .)
,,-,',l}/V.,,/ ;' . ./7/ /1./ _.../
, Patsy, adal, Buyer
~e one (I) year extension of the subject Bid Package,
7 /;;;7 /6i
Date /
Sign ture
C /4,..../
Name (printy
Joseph Saffor~ance Director
Brad Miller, Chaz Equipment Co. Inc.
rLJliow~k"
"
cc:
T\-1i= F>=FnRT ALWAYS MATTERS
/ ~:~T~lo,D
'~~!l ~r
i
L .Y BEACH
~
AII.Amerlca City
\, HI!
Il)l) .1
21)[) I
f DELRRY BERCH
JUL 2 5 200l
',::' ~I l'i .,',.. 1:;~ _~VE~Jl)~
C:,::Lf':.!J 3E,c..CH FLORIDA 33444
5611243-7000
July 18, 2003
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3?80 Fairlane Farms Road, #16
Wellington, ,.Florida 33414
iL....
Our City Manager, on July 13, 2003, approved the one year renewal withyour company for the
annual contract for Sanitary Sewer Manhole Interior Rehab.
~ Term ofthe contract will be from October 01, 2003 to September 30,2004. Items will be ordered
via individual purchase orders and/or blanket order releases on an "as needed" basis for the
contract term.
RE: Bid #2002-37
Sanitary Sewer Manhole Interior
Rehab - Annual Contract
Dear Mr. Czajkowksi;
. Please forward to my attention, an updated certificate of insuranc-S?, naming the City of Delray
Beach as additional insured at limits specified in the bid package.
We would like to thank you for your good service and interest in the City of Delray Beach. If
you have any questions, you. may contact me at (561) 243-7163.
/
Sincerely, /
~R~'
Ja'klyn R:oney ,
Purchasing Manager
cc: Joseph safford,~e Director
Dan Beatty, Deputy Director Public Utilities
Richard Hasko, Director of Environmental Se~ices
Scott Solomon, Water & Sewer Network Manager
I~ ,C~.'_I":'.~ ,"'r: Q,...J-"-'e.-f P~;''l~r
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THE E F FOR T A 1_ 'N ;..'(S MATT E R S
- ~ ..--
'.i 0 1 ~n 1 . i J I J J 0 1 21103
(I~ DF DELARY BERtH
Y BEACH
. , f\ ..
~
All-America City
\'111'
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:.-)' ~~:;-7Ci~'.)
June 25, 2003
Il 1\ , ~
'1:1 JI
Gar)- Czajkowski, President
Chaz Equipment Co. Inc.
3380 Fairlane Farms Road, #16
Wellington, Florida 33414
REF: Bid #2002-37 - Sanitary Sewer Manhole Interior
Rehab - Annual Contract
I st Year Renewal
~ .;;.~, '
Dear Mr. Czajkowski;
The annual contract for the above referenced Bid expires on September 30, 2003. Per page #5, Section 20
"Rene\val" of the General Conditions of this bid package, "The City Manager may renew the contract, at the
same terms, conditions, and prices for four (4) consecutive terms of one (1) year subjec'l to vendor(s)
acceptance, satisfactory performance and determination tbat renewal will be in the best interest of the City".
Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002 would be
acceptab Ie.
Please respond by signing below and returning one original copy to my attention, Jacklyn Rooney, Purchasing
Division, City of De1ray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444,
Sinreret',
~dr 7Y OUJ'
J acklyn Rooney
Purchasing Manager
I hereby agree to the one (1) year extension of the subject Bid
_ I am unable to provide a one (1) year extension of the subject Bid
7&103,
Datel /
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~
~~tu/1
U/1I'/
Name (print) /
cc: Joseph safford~e Director
6I1jkOi(I'5X:
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~ITYDF DElRRY BEACH
uElRAY BEACH
~
All-America City
1'11'"
"
100 N,W. 1st AVENUE. DELR.4Y BEACH, FLORIDA 33444 .561/243-7000
October 24,2002
1993
2001
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3380 Fairlaneg~s Rp,ad~ #16
Wellingtop., Florida 33414
..--~. .
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PD~rvo7 5lfc9
lb/l/o9. -9 (~ol o~
REF: Bid #2002-37
Sanitary Sewer Manhole Interior
Rehabilitation- Annual Contract
Dear Mr. Czajkowski,
Enclosed is one original copy of the contract for the above referenced bid awarded to your
company by City Commission October 01, 2002.
Term of the Contract will be from October 01, 2002 to September 30, 2003, with the
option to renew for four (4) additional one (1) year periods.
We would like to thank you for your good service and interest in the City of Delray
Beach. If you have any questions, you may contact me at (561) 243-7163.
Sincerely, ~
~7)~
J att{lyn Roo~ey //
Purchasing S1ipervisot
Attachment
cc: Joseph Safford, Finance Director
C. Danvers Beatty, P.E., Deputy Director of Public Utilities
Richard C. Hasko, P.E., Director of EnviroruTI.enta1 Services
Scott Solomon, Water & Sewer Network MaIitager
ffi p,..,..,..~..... ~..........I..~ 0",,,,,,,,
THE EFFORT ALI,'1.4.YS MATTERS
) ,
CITY OF DELRAY BEACH
INVITATION TO BID
PURCHASING OFFICE
100 N.W. 1st AVE
DELRAY BEACH, FL 33444
(561) 243-7163
BID NO. #2002-37
DATE: July 23.2002
TITLE: Sanitary Sewer Manhole Interior Rehabilitation
BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, Auqust 27, 2002, prior to 3:00
~. at which time all bids will be publicly opened and read.
INVITATION TO BID
"
This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda
and/or any pertinent document form a part of this bid and by reference are made' a part thereof.
PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed
herein for the City of Delray Beach, Florida, hereinafter called the CITY.
,
SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated
above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged
to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach,
Purchasing Office, 100 N.W. 1st Ayenue, Delray Beach, Florida 33444. Outside of envelope shall plainly
identify bid by: BID NUMBER, TITy=; AND DATE OF BID OPENING. It is the sole responsibility of the bidder
to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown
above. RETURN ONE COpy OF ALL BID SHEETS. Any failure on the part of the supplier to comply'withthe .
ensuing conditions and specific;ations shall be reason for termination of contract.
CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days
from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission.
AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and
technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept
bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General
Conditions.
! ' ENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
~
,
1. SUBMISSION AND RECEIPT OF BfDS:
A. Bids, to receive consideration, must be received prior to the specified time of opening as
designated in the invitation.
B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the
spaces provided in tris Invitation to Bid, Failure to do so may cause your bid to be rejected.
However, you may attach supplemental information.
C. Bids having any erasures or corrections MUST be initialed by bidder in ink.. Bids shall be-
signed in ink. All prices s'hall be typewritten or filled in with pen and ink.
D. All bids MUST be signed with the firm name and by an officer or employee having the a\.lthority
to bind the company or firm by his/her signature.
"'~ "~.'
2. QUANTITIES OR USAGE:
Whenever a bid is solicited seeking a source for a specified time for materials or services in the
quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or
implied by the City of Delray Beach as to the total amount that rqay or may not be purchased from any
resulting contracts. These quantities are fo( bidders' information only and witt be used for tabulation
and presentation of bid. .
3. PRICES:
A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be
firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise
stated by the City or bidder.
B. prices should be stated in units of quantity specified in the bidding specifications. In case of
discrepancy in computing the amount of the bid, the unit price(s) quoted will govern.
C. Consideration in awarding bids for term contracts will be giv~,n firs~ to bidder offering firm
prices subject to market price reduction and second to bidder offering firm prices for full
contract period. If at any time during the period of this contract, the City of Delray Beach is
able to purchase the items and/or services at prices I~ss tha'n our contract price, the
successful bidder shall meet these prices and in the event of his failure to do so, the City of
Delray Beach may?egotiate for a new contract on the open market.
D. The City reserves'the right to purchase items on state contract ifsuch items can be obtained
on the same te~ms, conditions, speCifications and in the best interest of the City.
E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be
considered in determining the lowest net cost for bid evaluation purposes. Bidders should
reflect any discounts to be considered in the bid 'evaluation in the unit prices bid. .
4. DELIVERY:
A. All items shall be delivered F.G.B. destination, and delivery costs and charges included in the
bid price. Failure to do so may be cause for rejection of bid.
! (
B.
Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves
the right to cancel such orders, or any part thereof, without obligation if 'delivery is not made at
the time(s) specified on bid'form.
5, BRANr:i NAMES:
If and whenever in the specifications a.brand name, make, name of any manufacturer, trade name, or
vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material
only. Since the City does not wish to rule out other competition and equal brands or make, the phrase
OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's
responsibility to name such product within his bid and to prove to the City that such product is equal to
that specified.
6.
QUALITY:
All materials used for the manufacture or construction of any supplies, materials, orequipment covered
by this bid ~hall be new. The items bid must be new, the latest model, of the best quaiity;c:lilci;',fghesi
grade workmanship.
7. SAMPLES: .
Samples; when requested, must be furnished free of expense to the City and if not used in testing or
destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense.
8. ACCEPTANCE:
The material delivered under this proposal shall remain the property of the seller until a physical
inspection and actual 'usage of this material and/or service is made and thereafter accepted to the
satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications
and of the highest quality. In the event the material and/or services supplied to the City is found to be
defective or does not conform to specifications, the City reserves the. right to cancel the order upon
written notice to the seller and return product to seller at the seller's expense.
9. DEFAULT PROVISION:
In case of default by the bidder or contractor, the City of Delray Beach may procure the article or
services from .othersources and hold the bidder or contractor responsible for any excess costs
occasioned or incurred thereby.
10. COPYRIGHTS OR PATENi RIGHTS:
Bidder warrants that thefe has been no violation of copyrights or patent rights in manufacturing,
producing, or selling the/goods shipped or ordered as a result of this bid, and seller agrees to hold the
City harmless fromany:and all liability, loss, or expense occasioned by any such violation.
11. COMPLIANCE WITH SAFETY STANDARDS:
A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all
provisions of the Florida State Safety Standards.
B. Whenever a bid is sought and services secured for any type of on-site construction the
awarded bidder shall remove from the work site at the end of each working day all rubbish and
waste debris resulting from his operations. " The awarded bidder shall also secure the work
site before leaving at the end of each working day.
C. MANUFACTURER'S CERTIFICATION:
The City of Delray Beach reserves the right to request from bidders separate mar1'ufacturer certification
of all Statements made in the proposal. .
13. SIGNED BID CONSIDERED AN OFFER:
This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be
deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray
Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of
Delray Beach may take such action as it deems appropriate including legal action for damages or .
specific 'performance.
14. LIABILITY, INSURANCE, LICENSES AND PER~2~~:
A. PERMITS: \('Jhere bidders are required to perform work on City structure(s) or property as a
result of bid award, .the City.will waive the cost for permits. Contractor shall pay for permits for
allbtherwork.. - ":"...- c.. .
B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST
obtain an Occupational License before a Notice To Proceed will be issued.
C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a
BEST Rating no less than A-, VII or better. If you have any questions regarding the City's
Insurance and/or Bond requirements, please contact the City's. Risk Management Office at
(561) 243-7150. See pages 14 & 15 for Insurance Requirements. A .sample" certificate has
been attached.
15. SPECIFICATIONS: r' .,
A. For purposes ?f evaluation, bidder must indicate any variances from our specifications and/or
conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be
assumed that the product or service fully complies with our specifications.
B. Any omissions of detail specifications stated herein that would render thematerial/service from
use as specified will not relieve the bidder from responsibility.
16. AWARD OF CONTRACT:
The City of Delray Beach r~servesthe right to accept any Bid or combination of Bid alternates which, in
the City's judgment will ~est serve the City's interest, reject any and all Bids, to waive any and all
informalities and/or irregUlarities, and to negotiate contract terms with the Successful Bidder, and the
right to disregard all /non-conforming, non-responsive, unbalance.d or conditional Bids. The City.
reserves. the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid,
and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of
Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in favor of the c0rrect sum.
17. TAXES:
The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal
Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No.
60-08-116241-54C appears on each purchase order.
\
FAILURE TO 810:
If you do not bid, return "Statement of No Bid Form" and state reason, Otherwis\3\ YOUR NAME MAY
BE REMOVED FROM OUR MAILING LIST.
19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate)
Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special
Provisions will prevail.
20. RENEWAL:
The City Manager may renew the contract, at the same terms, conditions, and prices, FOUR
consecutive term(s) of ONE year(s) subject to vendor acceptance, satisfactory performance and
determination that renewal will be in the best inte.r~st of the City.
21. ANTI-COLLUSION:
A. Bidder certifies that this bid is made without prior understanding, agreelnen'o. (~',_,:;:Il',iBr::tior.
with any corporation, firm or person submitting a bid for the same materials, services, supplies,
or equipment and is in all respects fair and without collusion or fraud.
B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of
material or provision of services. Any such violation may result in contract cancellation, return
of materials or discontinuation of services and the possible removal from the vendor bid list (s).
22. CONFLICT OF INTEREST:
. i
A.
Bidder declares and certifies that no officer, employee or person whose salary is payable in
whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the
supplies, materials, equipment or services to which it relates or in any portion of the profits
thereof; or
B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must
disclose with their bid the name of any officer, director or agent who is also an employee of the
City of Delray Beach. Further, all bidders must disclose the name of any City employee who
owns, directly or indirectly, an interest of ten percent (10) or mGre in the bidder's firm or any of
it's branches.
23. NON-DISCRIMINATION:
The Bidder shall not discriminate against employees or applicants for employment because of race,
creed, color, religion, s~x, age, handicapped status, disabilities, or national origin. The Bidder will
endeavor to ensure th?t applicants are employed and that employees are treated during employment, .
without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national
origin. Such action shall include but not be limited to the following: employment, upgrading, demotion,
or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation;
and selection for training including apprenticeship. The bidder agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the
subcontractors to bein compliance.
DISCRIMINATION:
An entity or affiliate Who has bee.n placed on the discriminatory vendor list may hot submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor
or consultant under contract with any public entity, and may not transact business with any publi~
entity.
~.~..'-
. - "
I
~. ~- '.
STANDARD FORM OF AGREEMENT
BETWE.EN CITY AND CONTRACTOR
THIS AGREEMENT made this
day of
I 20_, by and
between the CITY OF DELRAY BEACH (hereinafter called CITY) and
Chaz Equipment Co. rne. (hereinafter called CONTRACTOR).
WITNESS-ETH:
The CLTY and the CONTRA~TCR in consideration of the mutuai covenants
-~ - .
hereinafter set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined all Contract documents, and will perform the. contractuai requirements pursuant
t.o all covenants and conditions.
,
2. The CONTRACTOR. as evidenced by the execution of this contract,
acknowledges that it has examined the physicai characteristics of the job requirements.
The CONTRACTOR further acknowledges that the bid price includes all costs and
expenses required for the satisfactory completion of the contracts requirements.
3. The contract between the CITY and the CONTRACTOR include the following
,
documents which are atta.ched hereto and incorporated herein by reference of the following:
CONTRACT DOCUMENTS
Invitation to Bid
Standard Form of Agreement
Corporate Acknowledgment
Certificate
Insurance Req uirements
Sample Insurance Form
Drug Free Work Place Certification
Specifications
Proposal (Schedule of Pricing)
Bid Signature Page
PAGE NUMBERS
1 - 6
7 - 11
12
13
14
15
16
17 - 24
25 - 26
27
)NTRACT DOCUMENTS (cont'd)
statement of No Bid
References'
PAGE NUMBERS
28 .~
29
Addenda numbers n/a to
n /p. I inclusive, and any modifications, including
Change Orders, duly delivered after execution of this Agreement.
4. The term of this contract shall commence on the date indicated on the Notice
to Proceed.
5. This agreement shall be governed by the iaws of the State of Florida as Now
-~.~'."
/ .,"~. . ~'- ",' . ..
and hereafter in force. The venue for actions arising out of this agreemer,:'shaU,he Palm
Beach County, Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City: ' .
City of Delray Beach, FL
100 NW 1 st Avenue
Delray Beach, FL 33444
As to CONTRACTOR:
Chaz Eauinment Co. Inc.
3380 Fairlane Farms Road. H16
Wellington. Florida 33414
i
7. The CONTRACTOR shall not, without prior written consent of the CITY, .
assign any portion of its interest under this contract and, specifically, the CONTRACTOR
shall not assign any moneys due or to become due without the prior written consent of the
CITY.
8. The CITY and the CONTRACTOR each binds himseif, his partners,
\
successors, assigns and iegal representatives to the other party hereto In respect to all
covenants, agreements and obligations contained in the contract documents.
9. In consideration of ten dollars ($10.00) and other valuable consideration, the
CONTRACTOR shall defend, indem'nify and save harmless the CITY, it~ officers, agents
and employees, from or on account of any iiabilities, damages, losses and costs received or
sustained by any person or persons by or in consequence of any negiigence (excluding the
sole negiigence of the CITY), recklessness or intentional wrongful misconduct of the
CONTRACTOR and any persons employed or utilized by the CONTRACTOR In the
performance of this project. CONTRACTOR agrees that negligent, reckless or Intentional
. wrongfUl m i sdon'd oct il'lcli'rdj'js, '1'1 oh s not Ii m itedto ,u se ofa oy im proper.. m 3"""""\<' ..or
lIabiiitles, damages, losses or costs caused by or on account of the use of any improper
materials, CONTRACTOR agrees that negiigent, reckless or intentional wrongful
misconduct also includes but is not limited to the vioiation of any Federai. State, County or
. I
',ity .Iaws, by-iaws, ordiJjances or regulations by the CONTRACTOR, his subcontractors,
. ,
agents. servants or employees, CONTRACTOR further agrees to defend, indemnify and
save harmless the CITY from all such claims and fees, and from any and all suits and
actions of ever; name and description that may be brought against the CITY on account of
any claims, fees, royalties, or costs for any invention or patent, and from any and all suits
and actions that may be ~rought against the CITY for the infringement of any and ail
patents or patent rights claimed by any person, firm, or corporation,
The indemnification provided above shall obiigate the CONTRACTOR to defend at
his own expense or to provide for such defense, at the CITY'S option, any and all claims or
iiability and all suits and actions of every name and description that may be brought against
the CITY which may result from the operations and activities under this Contract whether
the construction operations be performed by the CONTRACTOR. his subcontractor or bv
"one directly or indirectly employed by either. This indemnification includes all costs and
fees including attorney's fees and cost? at trial and appellate levels. "
The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and
other good and valuable consideration as specific consideration for the indemnification
provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes
said cons.ideration for the indemnification provision.
10. This Agreement sh?" be consider~d'-null and void unless signed by both the
. CONTRACTORandthe.CITY.. .:::, , ... ,,", '"
.,. .....
...... . ....1.'. .,"
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11. The, contract documents constitute the entire agreement between the CITY
and the CONTRACTOR and may only be alt~red, amendedC?r repealed by a duly executed
written instrument.
! '1
-,
\
10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST:
j&/~J
City Clerk '
Approved as to form:
< 0'1
,,-City Attorney
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wmf1l h(]fllkn~~~
J\'O OJi :h{\~ ~;Wtu*1
(Print or type name and title) /
CITY OF DELRAY BEACH, FLORIDA
"'-~.""-'
By: 0~.J,~S::~- ..
David W.Schmidt, Mayor
CONTRACTOR:i
BY:
/ . ~--
~f\ell r)jJ.:Wnu~
(Print or type name and title)
,.----
(SEAL)
11
.
.
CORPORATE ACKNOWLEDGMENT
COUNTY of
't
STATE OF
. J f)e.. .f~re~~in: ins::u~:,:.wa~ .ackno~led~e.. d,be.fore me this~O /" da~ of
\l:r/ 'r. , 20 n{J.. ,by ~R\u.+Ger.:Wd lk,kl.'(OOmeOf
officer oragen!, titie of officer or agent), of ~l eel d('\ (state
or place of incorporation) corporation, on behalf of the corporation:
He/She is (personally known to me) (or has produced identification) and has used his/her
I , ;type of i~tifi~9~n);~s identiffcation.
I r J/u.&v '-t.:, l{;1) iJ~hO
st;ft~re of personlTakrh!l
Acknowledgment . . . .
~ (-.\q(\t? . QsP.le.~
Name of Atknowledger Typed, .
Printed or Stamped
...,;.
A'*~ [),!JUNE It I\lSEl.EY
...:~.~ w CCMIw\ISS~ t cc 004425
~. . :.j EXPIP.ES: January 23, 2004
"t-?;~:r,(' ,- BonlodThnlIlolalY P<tl!i: UndoIWrbr1
12
CERTIFICATE
(If Corporation)
STATE OF FUJLRIDA )
~ _ ^ /1' . ) SS
COUNTY OF . ry\ ~({ )
)
~.. &R~2CERTfFYlfi~~ a;~~~~:80~f ~~~;~~:dl~:~i~~~~~~~~I~~rtY[ ....~ u ('merct--.
~ of_~\.M (~ 10 ,20 D~e following resolution
was duly passed and adop
"RESOLVED",lh I :.\, as ~e8 .
President of the corporatio , he/she is hereby authorized to execute the Agr~ement
~ated ,20_, between the City of Delray Beach, Florida and this
orporation, and that his execution thereof, attested by the Secretary of the Corporation and
with corporate seal affixed, shall be the official act and deed of this corporation".
I further certify that said resoiution is now in fuli force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this 10 day of(D(?~r ,2009-
m h(/h'=1.fk~U fLl
~ry) L
(Seal)
J '-
INSURANCE REQUIREMENTS
,-
A. GENERAL
During the term of the contract with the City, the contractor shall procure and maintain
insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below.
B. COVERAGE
Except as otherwise stated, the amounts and types of insurance shall conform to the
following minimum requirements:
1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in -
compliance with the applicable State and Federal Laws. In addition, the policy must
include Employer's Liability with a limit bf$1 oO,oqo each accident.
L~ . .'. eomorehensive..GeA8fat.UabUit'l.,., C.oYerag~ must be; afforded on a form n0 more
restrictive than the latest edition of the Comprehensi~e G'enerai Liability ~orl'cy 'fii€d'
by the Insurance Services Office and must include:
3. Business Auto Policy - Coverage must be afforded on a form' no more restrictive than
the latest edition of the Business Auto Policy filed by the Insurance Service Office
and must include:
a) Minimum limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Premises and/or Operations.
c) Independent Contractors.
d) Products and/or Completed Operations.
e) N~ exclusion for Underground. Expl?sion or Collapse hazards.
, t
a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Owned Vehicles.
c) Hired and Non-Owned Vehicles.
d) Employer Non-Ownership.
3. Certificate of In~rance - Certificates of all insurance evidencing the insurance
coverage specifjed in the previous Insurance Administrator prior to commencement
of work. The required certificates of insurance shall not onlv name the types 'of
~olicies ~rovicfed, but shall also refer specifically to this bid and section and the above
;aragra_hs in accordance with which such insurance js bein. furnished, and shail
~tate that such insurance is required bv such paraqraphs of this contract. The
successful bidder will include the City of Delrav Beach as additidnal insured. If the
initial insurance e'xpires prior to the completion of the work, renewal certificates shall
be furnished thirty (30) days prior to the date of expiration. Also, under the
Cancellation section of the Insurance Certification the words "endeavor to" and "but
failure to mail such notice shall imposi;3 no obligation or liability of any kind upon the
company, its agents or representative" shall be crossed out as indicated on the
attached "Sample of Insurance Certificate".
1 A
5612437156
CITY OF DELRAY BEFlO1
,
870 P08
DEe 21 '00
10:23
GOOD rnSURANCE, DiC..
P.O. BOX A-l
BEST CITY, USA 00000
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THIS CSlTIACATE IS lSsUE:C 1oS). U,l.iTER OF LHFOOI-U.'11ON ot{L y Axe CON"" ..
tlO AIOHTS IJPOH THe ~R11FlC.&.TE ~ THIS CERTff1CJ,Tc: CO€S H<lT )J,(EH~
E;(T'fl;D Of\ ALTER llil; CO';C1'V.OE, ~ llY THE F'OU01;.s ~OW. .
COMPANIES AFFORDING COVERAGE
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~ A RIGIIT GUARD WSURAllCE co..
ff'i,~ a COHPLETE COVERAGE I NSlJRANCE CO..
COMP I-HY C
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IDLLING ~O.RK.ERS fl.$soc.
ABC DRIVE
ANYTOWN, USA 00001
COMP ANY D
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COMPANY E
LETTER -~ .
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tHIS IS TO camrY THAT?OU< lES Of'~.usn.c a.a.OWW-VE BUH..lSSUE!JTCil'lE.lN$l.tREOtuJ,lEI) A&OY1! FOA. THEPOUCT PEJUOoIHOiCA'rEO '
H<)T'l't'\T}fST.l.HOlHO ANY flf.OlJ1lIl!JolEHT. TJ:Rl,l OR ~ 01' ;,NY c:oKt:fW:1' OflOTHER D<;lO.JWeHT WTTh flf.SPECT TO Wl1/'Cli THl$ oom!FlC'" TT" IoU of
De 'ISSUED OO'IU.Y PERT A.IH."r~ 'J:'~ AFF<>f\Dm ,ay. !fr<<;. .!>QUOEB-.oesa:uSIi O-~ElH ~.s:tl[l.JJ;c:.r T04."....l!'K6 'TE.CtW>;EXCUJ~'JC}i::;'fj .~.~~'hl'''D~ ." .
TlOtiS OF SUCH P~. .
'TYPE OF INSUFVJ.ICE PCJUCY NUMBEJI /'Q..r:1 1ffi:CTh'E 1'0.. 'Cf W"Al1l:>i LlA61UTT UMrTS rN THOUSANOS
t)J.1t 1\.l1NCOI'f11 DLTl ~ : 'C"~.','....::' ~H
=AA~><:E .l.COA.>GJ, "'
OEHERAL UABIUTY IlOO<l y
X CWPREJiEIlSlVt F<JfW Gl..P077 604 3-01-90 3-01-91 l>VJRY $ $
X m~nCt!S ~'~ I'l'OPERTY
Uh'OEAQlCJJHO ~ S S
EXPLOSlOH & ca..LJJ'S<: flA.Z).P.:)
X 1'l'ICCJlJ:1s.I::OMP\.EnO oPERA m t$
~. ~ en PO $ 300 300
Q)I{TR.l.CTUJ.l ..': CQo.llllH E 0 S
X l1IOU'€NOEJI! CONTWOORS l~
!lRQ.IJ) FOlW PROPE f\ TY OA.~C<
PU\SON~ HWfrf PERSONAl WJ\JRY $
AUTOMOIlILE LLAe.lUJr lI;O.l ,:
Al.P07J60S 3-01-90 3-(11-91 &JJ<:1 .
A}(i MO fR/f-<:O>\ :s
IJJ. OHHEO MOS (P?N, pm.) lID. r . '
.l4 L CIM-lEO .llJTOS (0 THl:1\ TKAi ) t<J/<1
ptZ .oa:roII) S ,.
~.pm.
~O .llJTOS ~Fll'Y
hQH-Q,'IliED )JJTOS ~ S
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~ lJ,l.,S1\JT'( 6J "'0 ,.
~o S 300 .. . -
~DS S
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WORl<ERS' CO'-' f'9/S..l j IOH q.r077606 3-01-90 3-01-91 (E.,tl); ,o,t;:C()t1lT)
AND (OISE.lSE~t::Y lMll
E~PLOYeRS' ~UTY (O(SEI-StVOi EW\OTEEl
OTHER
OES>::P.li'T1Ot-l Of OPEAATJON$It.OCA ~ ITEJ.lS
THIS INSUR.ANG}: .APFLI;lI1\LE 'IO (sr.ate p.-roject)
*CITY OF' DELRAY BUC 1 IS !Dnl'IIONAL DlSURED
ex.ac t Y.
as belO<J. Cross out i'O.dica.ted '\lording
& provide 30 days vritten notice)
~ I-,J-N OF "r!i:!: ~ ~ POl)Cl:ES ae CIJtCEU.ED ~ TliE EX-
PIAAT1..OO OATE THEREOF, TKE ISSVIRQ COIolPAIi'1' WILL ~'lIllU. "Cff
j,(M. jU OAYS.~ Jt011C2: TO f/-II! ~n I-lOLDEJ'\ WJ,lEO TO n1€
LffT.~lund~,l["uu ~~","J:I1 ~~Wl~,.~::!~~I6"u
7
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DRUG FREE WORKPLACE CERTIFICATION'
.
,.
;
If identical tie bids exist, preference will be given to the vendors who submit a certification with their
bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida
Statutes. The drug-free workplace preference is applied as follows:
. Jj"",;.r .'
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more bids which are equal with respect to price, quality, and service are received
by the State of by any political subdivision for the procurement of commodities or contractual -
services, a bid received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award proc:.~s,~' Established procedures for processing tie
bids will be followed if none of the tied vendors have a drug-free workplace program.
As th'~. pers'~nautho'rized' 'fo~ sT~in 'fhi~ staten':e't'I~;1 certify that th1s..fjf.r.n,.complicsJullv.wlth,J.hE:' <
following requirements:
'.i,"+~ -:,.,
1) This firm publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of
such prohibition.
2) This firm informs employees about the dangers of drug abuse in the wo~kplace, the
business's policy o! maintaining a drug-free workplace, any available drug counseling ,
rehabilitation, and employee assistance programs, and the penalties that may be Imposed
upon employees for drug abuse violations.
3) This firm gives each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4)h the statement specified in subsection (1), this firm .notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will abide by the te.rms. of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of chapter 893 or of any controlled substance law of the United
I
States or any state, for a/violation occurring in the workplace no later than five (5) days after
such conviction. /
5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6) This firm will continue to make a good faith effo.rt to maintain drug-free workplace through
implementation of this section.
----
'_ AR Z f~t 1~ em mt r n The .
Contractor's Name
~~t.;
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CITY OF DELRAY B~ACH
BID #2002-37
SANITARY SEWER MANHOLE INTERIOR REHABILITATION
ANNUAL CONTRACT
BID SPECIFICATIONS
PART 1: GENERAL
1.01 SUMMARY
A. This specification shall govern alllabo~, materi<3is,"equipment and appliances necessary for sanitary
sewer manhol~ interior rehabilitation for .the purpose of eliminating infiltration and inflow, providing
-OOfposiop protection.,.repaifr.:.p..f.~9r.<?Rts and v(Jid~~~ct resto.xatio~ of the stru~~uralintegrity of th.€!
manhole as. a result of the application of a monorlthlc -fiber_re'i1forte'dstnlctUrElTlSi:ructurZ'~~;;';"rrrar'iced
pure calcium aluminate cementitious liner to the wall,ceiling and bench surfaces of concrete, brick or
any other masonry construction material.
1.02 SUBMITTALS
A. Submit manufacturer's material data and application and installation instructions for all products
used.
B. Provide documentation that the proposed manhole rehabilitation process has a minimum 5 year
history for reconstruction of sanitary sewer manholes on projects of similar size and scope.
I
1.03 QUALITY ASSURANCE
A. Use, mix, apply and cure all products in accordance with the manufacturer's recommendations and
instructions.
B. provide recommended daily or per lot test specimens for compressive strength and other testing per
applicable ASTM standards.
PART 2: PRODUCTS
2.01 MATERIALS
A. Patching Mix:
1. A quick-setting, fiber-reinforced, calcium aluminate-based cementitious material for patching and
filling voids and cracks.
2. Material shall have the following minimum requirements
Compressive Strength
Shrinkage
Bond
Cement
Density, when applied
ASTM C-109
ASTM C-596
ASTM C-321
Sulfate resistant
105 + 5 pef
6 hr 1,400 psi
0% at 90% R.H.
28 day 150 psi
B. Infiltration Control Mix:
1. A rapid-setting cementitious product specifically formulated for infiltration control.
2. Material shall have the following minimum requirements:
Compressive Strength
Compressive Strength"
Bond
Bond
C. Grouting Mix:
ASTN C-109
AS1M C-109
ASTM C-321
ASTM C-321
1 hr
24 hr
1 hr
24 hr
600 psi
1,000 psi
30 psi
80 psi
.~
1. A rapid setting cementitous grout specifically formulated for stopping very active infiltration and
filling voids.
2. A rapid setting chemical grout specifically formulated for stopping very active infiltration.
D. Liner Mix:
..--.....
1. A fiber-reinforced pure-fused calcium aluminate cement and calcium aluminate aggregate to be
. ',.. ~wetmrxed.ao.d.loW ~.t~r;;sV~~.'~pr:3y'.a,p'pliedtoform the ~tructuraV~tructurally enhanced mon.olithic
cementltious liner covering all interior'''rTlanhole s'urtaces:' t:..tnerri';aterial'to"~~.>c":::a::':"~,ge
SewperCoat PG or a pre-approved equal.
2. Material shall be pre~mixed and specially formulated to withstand .H2S (hydrogen sulfide)
bacterial corrosion and abrasion in sewer networks.
3. Material shall have the following minimum requirements:
Compressive Strength
Compressive Strength
Compressive Stfemgtl1
Compressive Strength
Flexural Strength
Flexural Strength
. Shrinkage
E. Bonding Compound:
ASTM C-109
_ ASTMC-495
ASTMC-495
ASTMC-495
ASTM C-293
ASTM C-293
ASTM C-596
6 hr 1,400 psi
1 day> 8,000 psi
7 day> 9,000 psi
28 day> 9,000 psi
12hr > 1,000 psi
28 day> 1,400 psi
o percent at 95% R.H.
Material shall be a modified cementitious bonding compound that protects exposed reinforcement
steel and enhances bond of overlay to substra.te.
F. Water.
Water shall be clean and pftable.
PART 3: EXECUTION
3.01 MANHOLE PREPARATION
A. Place covers over sewer inverts to prevent extraneous material from entering the sewer lines.
B. Remove foreign loose and unsound concrete and masonry material not able to be removed by high
pressure water spray may require the use of mason's or mechanical tools for removal.
C. Loose, unsound, and protruding concrete and masonry material not able to be removed by high
pressure water spray may require the use of mason's or mechanical tools for removal.
\ .
D. Clean the interior surfaces of the manhole with high pressure (3,500 psi minimum) wGlter spray,
using detergent. muriatic acid, antibacterial agent or other chemicals to remove grease, oil and other
contaminants that would prevent good bond between the existing manhole interior surface and the
liner material.
18
I: E.
F.
G.
H.
I.
Active hydrostatic leaks (infiltration) shall be stopped using the rapid-setting specially formulated
infiltration control mix. ,f
Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid-setting grouting
mixes specially formulated for control of very active infiltration.
Clean and prepare exposed reinforcement steel, and apply and cure bonding compound, in
accordance with the product manufacturer's instructions and recommendations.
Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance
with the product manufacturer's instructions and recommendations.
Areas of manholes that are found to be structurally damaged and in need of repair beyond the scope
of this specification shall be brought to the attention of the Engineer. A suitable repair method shall
be developed for each area and submitted to the Engineer for review prior to comme\1cing the repair.
'..;..........r.-..
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Prepare,c!ean;and repairmanReh,,"..benchB6.-and im:erts in the s.am~rn<l.nlJ$.r..~.~prE:!;<:;9rihE!q.?t-i"J~:.
3.02 LINER APPLICATION, CURING AND TESTING
A. Prepare manhole surfaces, wet batch-mix liner material, low pressure spray apply liner mix to
manhole ceiling, wall and bench surfaces and allow liner to cure in accordance with the product
manufacturer's instructions and recommendations.
8. Liner application shall be 0.5 inch minimum thickness. The application shall be completed with a
minimum of two coats. The first coat shall be applied at a thickness adequate to cover the s.ubstrate
and be trowled to c,ompact the material into voids and set the bond. The second coat shall b.e
applied to ensure complete coverage at the specified 0.5 inch minimum thickness.
C. Inverts shall be lined with patching mix, trowl applied in one coat to a 0.5 inch minimum thickness.
D. Prepare, label and submit recommended daily or per lot test specimens for testing.
3.03 CLEANING
A. Clean manhole interiors and remove all construction-related materiais, equipment and appliances
from the manholes prior to reinstatement of the manholes to service.
PART 4: MEASUREMENT AND PAYMENT
I
4.01 MANHOLE INTERIOR LINING
A. Measurement:
Measurement basis for payment for manhole interior lining shall be vertical feet of manhole interior
surface lined at 0.5 inch minimum thickness.
B. Payment:
Payment for manhole interior lining shall be the number of vertical feet of manhole interior surface
lined times the unit price bid per vertical foot of manhole interior lining.
C. Incidentals:
All Manhole preparation, liner application, curing and cleaning shall be considered incidental to the
unit price bid per vertical foot of manhole interior lining.
'2 MANHOLE STRUCTURAL REPAIRS
,.
A Measurement
No measurement will be made for payment for manhole structural repairs.
B. Payment:
All costs for manhole structural repairs must be included in price per vertical feet of manhole lining.
-";-."'....
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It IV: Contract Information/Requirements:
MINIMUM QUALIFICATIONS AND INSTALLER REQUIREMENTS
The installer shall have been engaged in the installation of Manhole and Lift Station System Rehabilitation
Contracting Services for a minimum of Seven (7) Years and have rehabilitated a minimum of Four Thousand
(4000) sanitary sewer manholes and 50 lift stations, in the State of Florida, utilizing a system that offers pure
fused Calcium Aluminate.
The selected contractor will be responsible for knowledge of and compliance with all relative local, state, and
federal codes and regulations.
The installer must include in t.l1e bid a list of Twenty five (25) refere.nces, for which manhole, lift station, or wet
well rehabilitation contracting services have been provided within the last Seven (7) years. At least Ten (10) of
these references must be current, having had installations within the previous Three (3) years. A contact
person and telephone number must be provided for each.
~;:orall work performed.underthi.s contract, th8 succes~ful Contractor shall provide a competent job-site
supervisor and any necessary assistants, all approved by The'Wasfe Water Departmento1 D::iJif8)L'r-':Jch. . '\8
job-site supervisor shall be present at all times while work is in progress. The job-site supervisor shall
represent the Contractor at all times while all directions given him shall be binding as per the contract
documents. The job-site supervisor shall have a minimum of Seven (7) years experience in the rehabilitation
of Sanitary Sewer Manholes, Lift Stations, and Wet Wells utilizing a product that consists of a pure fused
Calcium Aluminate Cementitious Liner.. .
TERMS OF CONTRACT
,is Contract will commence on the date of award and be in effect for one (1) year.
, .,
CONTRACT RENEWAL
The City retains the right to renew this contract with the consent of the vendor, under the same terms and
conditions for four (4) additional one (1)year periods, renewable annually. Any price adjustments requested by
the Contractor will be based on the consumer-price-index (CPI) and amendment to the agreement to be
processed and approved by the City Commission.
All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on
the annual change to the Consumer Price Index~Southern States for the immediate twelve-month period
preceding the renewal of the Agreement. The value of this annual adjustment wiUbe determined by the
Owner. If the City determines to renew this Agreement, it shall provide the Contractor written notice of such
renewal thirty (30) days period to th~ termination of the contract term, then in effect.
TERMINATION
Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City as per
the Technical Specifications, the City may terminate this Agreement immediately for cause; further the City
may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge
of non-performance.
METHOD OF AWARD
The general criteria that will be used for the evaluation of this bid is set forth in the general bidding
requirements along with the responses as stated on the bid proposal pages. Award of this bid shall be made to
the most qualified, responsible bidder to whom the City (on\basis of City's evaluation as hereinafter provided)
makes an award that is the most advantageous to the City. The City's evaluation of the bid shall take into
consideration the cost (total, unit price, or combination of both), City prior experience with bidder, demonstrated
expertise of bidder, references of bidder, qualifications of bidder, and ability of bidder to complete the project in
a timely manner.
21
PART V _ MEASUREMENT AND PAYMENT
. . ~ dl
SCOPE
A, Payments to the ContraCtor shall be made on the basis of unit prices in the Proposal Bid Form as full
and complete payment for furnishing all materials, labor, tools and equipment, and for performing all
operations necessary to complete the rehabilitation work of sewer manholes, lift stations, and wet wells
by various trenchless methods as authorized by th'e City. The City will establi'sh an annual reneWable
contract for these services with the successful bidders as described in the Bid Specifications pages 17
through 24.
The unit prices slated in the Proposal Bid Form include all costs and expenses for taxes, labor,
equipment, materials, commissions, transportatioo.pl1~rges and expenses, patent fees and royalties,
labor for handling materials during inspection, together with any and all other costs and expenses for
performing and completing the work as shown on the details and specified herein. The Basis of
~Payment. for :an. item at th€'... pJip,e, ..$hov;~rl.jn the Proposal Bid Form shall be in accordance with its
description of'the item in this Section andas related to the WbrK'sp-etified:'l::lnit priceswri; ti.<..,;:~~:~(J~rJ
the actual quantities furnished and installed in conformance with the Contract Documents.
B. The Contractor's attention is called to the fact that the quotations for the various items of work are
intended to establish a total price for completing the work in its entire.ty. Should the Contractor feel that
the cost for any item of work has not been established in the Proposal Bid Form or this Section, the
cost for that work shall be included in some other applicable Bid item, so that the Proposal for the
project reflects the total price for completing the work in its entirety? '
. .
No separate payment will be made for the following work if required and its cost shall be included'in
appropriate payment items:
. Applications and pulling of all utility and construction permits;
. Dewatering and disposal of surplus water,
. Structural repairs;
. Cleanup;
. Testing materials and apparatus;
. Maintenance of utility service;
. Appurtenant work;
. Inspection Photo Records
. Maintenance of traffic.
. /
The following paragraphs '\Yill clarify the work included for the items listed in the Proposal Bid Form.
MEASUREMENT
The' quantities for payment under this Contract for each Work Order authorized shall be full
compensation determined by actual measurement of the completed items, in place, ready for service
and accepted by the City unless otherwise specified. The City will witness all field measurements.
When depths are indicated in the bid items, they shall be measured vertically from the existing grade.
paved or unpaved, to the pipe invert.
It is intended that all work required to complete this Work will be included in the various bid items as
described in the following paragraphs.
1. ADD MOBILlZATION/DEMOBlLlZATION
The mobilization/demobilization cost is applied if a wor!< order has less than 10 sewer
manholes or less than 750 square feet (SF) of-wall to be rehabilftated for the work order, this
cost item shall be included for payment to the Contractor for the additional
mobilization/demobilization costs which becomes significant with the smaller project work
orders of less than 10 sewer manholes or less than 750 square feet (SF) of wall to be
rehabilitated.
2. CEMENTITIOUS LINING MANHOLE, BRICK, OR PRECAST REHABILITATION
This item of work will be measured and paid for at the unit price per vertical foot of 48-inch or
50-inch diameter of manhole wall named in the Proposal Bid Form. Measurement will be
made from the bench, at its highest point, to the upper limit of actually treated wall, cone or
chimney. Payment of the unit price per vertical foot will provide complete compensation for
cleaning of the wall by both pressurized water and sand or soda blasting; relief of hydrostatic
pressure outside the manhole, if necessary; injecting chemical grout to stop active leaks into
the manhole, if necessary; furnishing and supplying of all materials or combination of materials
making up the patching and coating (waterproofing) and applying or installing them;
manufacturer's representative's presence or assistance, if required; isolation of the manhole by
plugging entering lines; testing; safety egl,!.ip.ment; and all incidentals necessary to obtain a
watertight, sealed manhole wall and bench, complete in place.
Payment for bypass pumping, if required (other than because of damage caused by
. Contfa'ctor); wiHbepaid'for-ui'l'dei'B separ:ate item.--<-- -." -^'.- , .
CEMENTITIOUSLlNING OF LIFT STATIONM'ET WELL SURFACES
This Item of work will be measured and paid at the unit price per square foot of wall in a lift
station or wet well. Measurement will be made 0 the actual surface area repaired. Payment of
the unit price per square foot will pr.ovide compensation for cleaning of the wall by both
pressurized water and sand or soda media blasting methods; relief of hydrostatic pressure.
outside the structure if necessary; injecting chemical grout to stop active infiltration, if
necessary; cleaning; surface preparation as specified herein; furnishing and supplying of all
materials or combination of materials, including liner manufacturer's representative's presence
or assistance, ,if ,required; isolation of the lift station or wet well by plugging entering lines;
testing; safety equipment for personnel; labor, tools and equipment; and all incidentals
necessary to obtain a watertight, sealed wall and bench complete in place.
Payment for bypass pumping, if required (other than because of damage caused by the
Contractor); will be paid for under a separate item.
3. BYPASS PUMPING OF SEWERS
a. BYPASS PUMP AND PIPING SETUP
These pay items provide complete compensation for bypass pumping operations required
for sewer manhole, lift station and wet well rehabilitation. The Contractor shall attempt to
perform the rehabilitation sewer work without bypass pumping. However, if in the opinion
of the City bypa}s pumping is necessary, it will be identified as a payment item. The pay
item is a one-time charge for all bypass pumping setup operations during a given lining
installation, induding services, regardless of the number of pumps required. Bypass
pumping shall be bid on the basis of sewer size which is bypassed,
These items shall include, but are not limited to: all necessary and required traffic control;
pumps; piping; gasoline/diesel fuel; maintenance; transportation and storage; temporary
bypass and service piping; labor; materials and/or any other costs associated with bypass
pumping.
Plugging or blocking a sewer line shall be included in the appropriate bid item for which the
flow must be stopped, this is considered incidental work and no additional payment shall
be considered.
b. BYPASS PUMP
These items shall be paid for on a per day basis for operation of the bypass pumps.
Bypass pump operation shall be bid on the basis of the size of the pump used. These
items shall include fuel operating costs.
23
4. ADJUSTING EXISTiNG MANHOLE CASTINGS
These pay items provide complete compensation for furnishing all necessary labor, equipment
and material to adjust existing manholes to match existing elevations. ,.
5. FURNISH NEW MANHOLE RING AND COVER
This pay item provides complete compensatibn for furnishing new manhole ring and covers as
specified by the City to be installed under pay item 4.
6. RECONSTRUCT BENCH AND FLOW CHANNEL
This item provides complete compensation for. all necessary labor, equipment and material
required to re-construct acompletE3 bench and flow channel, as required per the City's
minimum standards. .
7. INSTALLATION OF CHIMNEY SEALS .-
This pay item provides complete compensation for fumishing all labor, equipment and material
required to .install manhole chimney seals.
8. RE:'lNSr'ALL ptIMFS'BASES" ,A..._..>;.... ,. ..- , .',
These pay items will include complete compensation for furnishing all necessary labor,
equipment and material required to re-anchor existing pump bases, where, under the opinion
of the owner's representative, is required.
9. INSTALLATION OF INTERIOR PVC DROPS
These pay items provide complete compensation for furnishing all labor, equipment and
material required to installinteribr PVC drop piping.
10. REMOVAL OF.EXISTING COATINGS
This item provides complete compensation for furnishing all necessary labor, equipment and
materials necessary to remove any existing coatings that may exist in full or any portion of an
existing structure.
11. REMOVE AND REPLACE EXISTING PIPING AND VALVES
This item provides complete compensation for furnishing all necessary labor, equipment and
materials necessary to remove and replace all existing piping, check valves, plug valvescand
all miscellaneous material required for this installation. This work will start at existing pump
bases and will terminate prior to where discharge piping exits existing valve vault. All work
shall complywith City of Delray Beach minimum standards.
24
ITEM
MANHOLElLlFT STATION REHABILITATION
BY CEMENTiTlOUS LINING
SCHEDULE OF PRICING
BID FORM
1.) Mobilization/Demobilization
2.)
3.)
4.)
5.)
6.)
7.)
8.)
9.)
10.)
11. )
12.)
13.)
a. Mobilization/Demobilization if less than
10 manholes or less than 750 SF per job work order
~!5o ,m
~~o,tO
. ' q;,
liD'
393.~
~0l.~
I~I~
per square foot
each
Cementitious lining of Brick Manhole - 48" Diameter
per vertical foot
Cementitious lining of Pre-cast Manhole - 48" Diameter
per vertical foot
Cementitious ling of Brick Manhole - 60" Diameter
per vertical foot
..:.::: " q...:..... - ',-'- -'
Cementitious'lining otPre-cast Manhole - 60" Diarrieter
.. per vel1'.~,,': ',:;.",;
Lift Station Surface Rehabilitation by Cementitious Lining
Sewer By-Pass
By-Pass Pump Setup with Bypass Pumping
c;b
a. Bypass 8" Sewer Setup ~ron each
b. Bypass 10' to !2" S.ewer Setup 2cco'~ each
r !5 (XX) . CD
c. Bypass 15" to 18" Sewer Setup each
Cb
d. Bypass 24" Sewer Setup '7 OW . each
1"- tZl
e. Bypass 4" Pump dO' per day
8co. tb
f. Bypass 6" Pump per day
9ao' ct>
g. Bypass 8" Pump per day
..300 . CO
h. Bypass 10" Pump per day
eo
Adjust Existing Manhole Casting within Asphalt Pavement f'] 00 . each
ODO' to
Adjust Existing Manhole Casting within Green Area each
600' t!J.)
FUfTlish New Ring and Cover each
SCO' to
Re-Gonstruct Manhole Bench and Flow Channel each
!!:Eo ' 6D
Furnish and Install Manhole Chimney Seal each
500. CO
Re-lnstall Existing Pump base 4" each
6" S~O,6~ each
f2So' r3J
8" each
25
14.) Furnish and Install 6" PVC Interior Drop
15.) Furnish and Install 8" PVC InteriorDrop
16.) Re-construct Lift Station Fillet
17.) - . Removal of E;xisun'g Coating ,..'
...... t.f1" ~..
18.)
Remove and Replace Existing Piping and .
Valves, within Existing Submersible Lift
Station through Existing Valve Vault ..
~ .,
2' to 4'
4' to 6'
6' to 8'
2' to 4'
4' to 6'
6' to 8'
6' Diameter
8' Diameter.
-~."'.
1 0' Diameter
4"
6"
8"
26
17 r. t:b
~O · each
r::-' . ctl
:~ C('l' each
000 I to ;:ach
L I """r'\,(J)
~ each
toaD ,tb each
'700' ,Cb
each
[!D
I Oct>. each
em
r ~oo. 'each
6b
1.300 I each .
. . '] I.~_ per _~:P <;l,r'? f:':.Q.t.. .
, Lf fX:XJ ,OJ each
. . . Eb
.I.~, 000' each
~
I ~ . ()[t) I each
.
~D SIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
BID #: 2002-37
Openinq Date: Tuesdav, Auqust 27, 2002
BID TITLE: Sanitary Sewer Manhole Interior Rehabilitation
COMPANYNAM~C,AA? ~J.:~\r.rY\6~~p" ~CO "" PATE:,",.,_7U];;J .8.:..,
NAMElTITLE: ~r 12s' GP,::rvOI O~~ 1~-et1d"rt
ADDRESS;0,?,q,Q ~n.-"rl(l,De- ~Qm? ~oPrc\ I llo
..JITY L\ )ej \\ (\.cgr-i}"' ,
STATE~ ZIP CODE :s3t+1 ~
FEDERAL TAX 1.0. #: (06; - on[{)~ln% tt
TELEPHONE: ( ~ l 0 I
) ~33 - ~loq
*SJGNA TURE
3?:'~ - ~l '6 0
FACSIMILE (
.---
bf\\ZJi C?J\~\
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME: G fW L;\s
,,-
TELEPHONE: ( ~lo \
r:m~OU:td~
) ~-=?::'3 - ~I 0 CJ
27
STATEMENT OF NO BID
E?Id # 2002-37 Sanitary Sewer Manhole Interior Rehabilitation .
!fyou are not bidding on this service/commodity, please complete and return this form to:
City of Delray Beach Purchasing Office) 100 NW 1st Avenue, Delray Beach, FL 33444 or fax to (561)
243-7166.
Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City
of Del ray Beach.
COMPANY NAME:
. .,APP.F--pSS:
~._~"
TELEPHONE: ( )
SIGNATURE:
DATE:
Minority Owned Business:
, ) Black () Hispanic (.) Woman () Other
(Specify)
t .,
We, the undersigned have declined to bid on your Bid # 2002-37
For: Sanitary Sewer Manhole Interior Rehabilitation
_Specifications too "tight", i.e.
geared toward brand or manufacturer
only (explain below)
_Our product schedule wouLd not permit
tiS to perform -.
~Unable to meet specifications
_Insufficient time to respond
to the Invitation to Bid /
/
/
_We do not offer this product
or an equivalent
_Unable to meet bond requirements
_Specifications unclear (explain below)
_Other (specify below)
REMARKS:
28
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URETEK
FLORIDA
The URETEK Method'M
Deep Injection'M
Th.
UR!TIIK
_od'
. t t
Uretek ICR
FLORIDA.
8404 Epicenter Blvd.
Lalceland, FL :
33809
Toi. Free 866 9URETEK
Fax 801 6972619
www.uretekicr.com
~.d
January 16,2007
Mr. Anthony Lombardi
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida
Re: Lift Station.
Scope of Work:
To stabilize and densify the soils aroWld an 8 foot diameter lift station at the -10
foot elevation. It is our understanding that the leaks in the wall joints have been or
will be repaired prior to our arrival on site.
Work Description:
URETEK ICR LLC proposes to use its patented Geotechnical "Deep Injection
System" of ground densi fication, utilizing lightweight, expanding, high-density,
hydro-insensitive, polyurethane resin materials, URETEK 486, to densifY and
stabilize the soils at specific elevations.
URETEK ICR LLC offers this ground densification process as a permanent repair
method to stabilize earth-supported structures. URETEK 486 is warranted for ten
years against significant shrinkage or breakdown. The lightweight nature of the 486
material when compared to cementitious products used for the same purpose, allows
for a shallower scope of injections that essentially transfers the loads across weaker
layers of soils deeper down without the necessity of injecting full depth to a deeper
t load bearing stratum.
Two penetrometer tests iwill be conducted prior to the polyurethane grouting and
two upon completion. The first tests will indicate the density of the soils at various
depths. This will enable us to grout at the specific elevations requiring densification.
It will also indicate whether grouting is actually required.
Working Conditions:
We would like to requeSt the following:
1. Maintenance of traffic is provided by others.
2. Water level is kept to:a depth of2 feet above the pumps.
Completion Time:
Estimated completion time is 1 day depending upon the weather and other factors
beyond our control. I
Pricing;
URETEK ICR LLC shall provide all supervision., labor, material and equipment
unless noted otherwise, to accomplish this work.
Con~rolling Concrete Lifting & Soil Stabilization
Xl:L:I 1.3f~3Sl:ll dH
Wd~v:8 ~002 EO u2f
Mobilization: $1,500.00
Penetrometer Testing: $1,200.00
Polyurethane Grouting! $14,000.00 Material usage estimate is 1,600100
Additional material will be at a cost of $8.75 per lb.
(In the event grouting is not required there will be a minimum charge of $5,875.00).
Estimated Cost: $16.700.00
Warrant)': .
URETEK warrants that the injected URETEK 486 synthetic resin materials will not
significantly shrink: or deteriorate for a period of ten years from date of completion.
URETEK ICR will replace during the first year warranty period any failed material
I
at no cost. If the materijil should fail beyond one year from the completion date,
URETEK ICR will protate the labor and application fees to the client, but will
waive all material costs'.
In the event it becomesinecessary to re-inject, URETEK ICR will not be liable or
subjected to any costs wcurred due to the warranty work. For example, disruption,
loss of revenue, etc. '
This limited warranty swersedes any other warranties, expressed or implied. This
guarantee does not include external causes not dependent on our material, for
example, ground subsidence or settlement of native soils, structural deficiencies,
dynamic or static loads :much higher than the design loads at the time of the
URETEK interventio~ damages caused by excavations, product tampering, natural
catastrophes (storms~ fl~od, drought, tides, earthquakes, explosions. fire, eOO).
i
If you have any questiohs or require clarifications, please contact me at 813 -766-
7398.
Sincerely,
pui~
Mike Trout
URETEK ICR
Eod
Xbl.::l 1.3L~3Sbl-' dH
WdGv:a GOOG EO U~L
Invoice
URETEK ICR, LLC
8404 Epicenter Blvd.
Lakeland, FL 33809
Date
Invoice #
I
1/2312007
l824
I
Bill To:
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, PI 33435
,
P.O. No. Terms Project
.
Item Quantity Description Rate Amount
Mobilization 1,500.00 1.500.00
Penetrometer Test 2 300.00 600.00
URETEK 486 Includes material, labor and supplies to install URETEK 486 14,000,00 14,000.00
Additional Material 261.2 Lbs; 8.75 2,285.50
I
I I
I
All work is complete! Total
$18,385.50
~.-l
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URETEK leR
;>rojeCt: City tl-f ~YVTOtJ ~l-\-
,-ocalion !;I:vvMil.'l!.t'(D or f LJuT1D(,""-'q>o LM
Date: /--: d.'d... -O-:J
Job#: Nil. "'h~
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URETE.. -:;R, PENETROMETER LOG
Date: / / ') ) / ~ 7
$V(/V1t/A/ /3C/fcJ./
Job: {1/7 S'/41;'tl.-1/ It J/J'#,/),<JL W,?,p/)
Pene1rometer #: i
e /.3 vT/tlP W t'# j) ,[) j'<:; // C. .
(centemeters)
Depth Before After
10
20
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240
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260
270
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URETEK ICR, FIELD MEMO
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PROPOSAL
FROM: SOUTHWEST PRESSURE GROUTING, INe.
4739 Pinfish Conn
Bonita Springs, FL 34134
J anllBt'Y 6, 2007
. Page 1 of2
#2007-01-04
PROPOSAL SUBMITTED TO:
JOB NAME:
Chaz Euipment
ATTN~ Tom Vitale, Jr.
3180 Fairlane Fanus Rd, #1
Wellington. FL 33414
Boynton Beach Lift Station
TEL: (561) 333-2109
FAX: (561) 333.2180
CELL: (561) 719-4625
tommy@c~equipment.c()m
We hereby submit specifications and estimates for pressure grouting immediate area
around lift station, as discussed.
lbis work will be performed by placing %" grout pipes into the soils at a depth of
approximately 24' around the lift station. Lifting is not reqtpred. A cement base grout
will be pumped under controlled pressures to stabilize and i solidify the soils with the
intent to stop erosion of soils and settlement.
Our proposal is to fum:ish equipment, material and pemonnel for the above referenced for the
sum of fifteen thousand two hund.red dollars ($15,200.00). Payment in advance shall be as
follows:
Three thousand seven hundred dollars ($3.700.00) upon acceptance of
Proposal. Balmlce in full upon date of job completion. No retainers held.
*If it is found void is larger than anticipated) and additional m~eria1 is needed beyond the
projected amount, cost will increase accordingly. This will be determined onjob-site vvith
approval by ~ Equipment and Southwest Pressure Grouting.
1: . cOl
6e.Ea-~.6-SE2
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"EO=60 La 90 1..l1ltC
Page 2 of 2.
ITEMS TO BE FURNISHED BY CONTRACTOR:
1. Water
2. Access to job site, and continuous work
3. Place to wasb out equipment on job site) as nCl~ed
I
SOUTIlWEST PRESSURE GROUTING lNe. WILL NOT BE RESPONSIBLE FOR:
I. All underground utilities
2. Cosmetic work
3. Damage to landscape Ol' driveway
i
All material is guaranteed to be as specified. All wo* to be coPtpleted in a workmanlike
manner ac:eording to stancltmi practices. Any alteration or clIevilltion from the abOVQ
specifications involving extfa eo~ will be executed only upon written orders, and will
become an extra charge over and above the estimate. All 8gteements contingent upon
strikes, accidents or delays beyond our control. Ibis propo~a1 subject to acceptance
within 30 days and is void thereafter at the option of the unders~gned.
j
AUTHORIZED SIGNATURE:
The above prices, specifications an conditions are ut:i~ory:and hereby accepted. You
are authorized to do the worlc as specified. Payment will be made as outlined on page 1.
ACCEPTED:
SIGNATURE:
DATE:
aod
seee-l....s-se~
;jIIrWp$':~ '>IO~.J
B'!;:O:SO LO 90 u~r
FACSIMILE
COVER
SHEET
CHAZ EQUIPMENT COMPAlIV, INC.
I
3180 FAIRLANe FARMS ROAD, UNIT 1.
WELLINGTON, FLORIDA 33414
(T) 561-333.2129
(F) 561-333.2180
~/
ATTN:
COMPANY:
FAX#:
FROM:
DATE:
iotal number of pag- Including this Bheet:0
IG!~ -
I
COMMENTS:
~ ;/~/,..-
/ (
-
This racsimile contains PRIVILEGED AND/OR CONFIDENTIAL INFORMATION Intended for the use tne Addressee(s)
named ebove. If you are not the Intended reclplent of this facsimile, Of the employ~e or agent mponslble for delivering It to
the Intended recipient, you are hef1lby notlfled that any dllsemlnatlon or copyln; a1\ thlll f8C11lmlle I. strictly prohibited.
If you have received this facsimile In error, please immediately notify UG by telephore and return the original facsimile to us
at the addreu billow via the U.S. Poetal service. Thank you for your oooperltlon.
U.&.'*~'~\I""f ~.......
~__ .1_-...... I........ ......__ ... __ ____..-_____
Hayward Baker Inc.
2300 W. Si\mpl~ Road, Suite I 02
Pompano Bl!il;h, FL 33073
HAYWARD
BAKER
Geotechnical Construction
Tel: 9SH77-B117
Fax: 95~-977-B 121
January 12, 2007
Chaz Equipment Co., Inc.
3460 Fairlane Farms Road, Suite 8
Wellington, FL 33414
ATTENTION: Mr. Gary Czajkowski
SUBJECT:
Chemical Grouting
Boynton Beach Pump Station
Intersection of Sandalwood Dr and Buttonwood Lri
Boynton Beach, FL
HBI File No. T-07-9901
Gentlemen:
Hayward Baker, Inc. (HBI) is pleased to present this propoul for ~hemical Grouting on the above
referenced project Our opinions and statements regarding this project shall remain confidential to
yourself and shall not be made available to another party without Jhe expressed written consent of
HBI. All concepts and procedures stated in this proposal shall be deemed as intellectual property of
RBI. We have performed this evaluation in a manner consiste~t with the standard of practice
exercised by members of the geotechnical engineering community practicing in the site area.
This quotation is based upon the following:
1. Site visit by Joseph Mann ofHS! on January 10,2007
2. Attached sketch by HBI
INTRODUCTION
The City of Boynton Beach has contracted with Chaz Equipment Co., Inc. (Chaz) for repairs to an
existing pump station, The pump station consists of an 8 foot di~meter vertical pre-cast pipe to a
depth of 21 feet below ground surface. Several cracks aroupd the station were pennitting
groundwater to flow into the structure, and the groundwater wa~ noted to be carrying soil. The
cracks in the pipe have since been repaired and sealed by Chaz. Hqwever) depressions in the asphalt
and surrounding grounds are apparent at the subject site. This, combined with an unknown duration
and volume of soils that were transported through the station. hais prompted the City of Boynton
Beach to assume the presence of voids in the soils surrounding the station.
".LLER
CllirQl'nlil . ColoI"do . Flol1da . GeOrllr., . IIlinoi; . Iowa
M~l'ylnntl . M.'~$:\~I\\,I:;1:1l,\ . N_ J-I''''*Y . N_Ya,-K . NOI'Lh C~I'oIIM
"le''It\e',;sec . 't~l<<l1; . W~!>hingLon . British Columbia' Me>lK:o Cily.I"lcxico
WWw,h~YWirr;lbikvr.~Qm
~q"'11 Ll'~IOII""ly r,'"/lIo:'c1
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Chemical Grouting
Boynton Beach Pump Station
Boynton Beach. FL
J al'lUary 12, 2007
Page 2
Chaz asked HBI to review the project and provide a solution to ensure the City of Boynton Beach
that no voids were present in the soils sl.lrrounding the station. FIB! hereby offers its proposal for
chemical grouting on the above referenced proj ect
CHEMICAL-GROUT PROGRAM
PURPOSE AND SCOPE
The purpose of the chemicaJ grouting will be to adhere the gran~lar soils surrounding the 8 foot
diameter pipe into a coherent mass. The chemical grout will permeate site sands containing less than
10% fines, significantly reducing the permeability of the soil.
GROUT MATERIAL
The chemical grout to be used is GELOC-4, a. sodium silicate~bas~d grout used extensively for the
past several years. GELOC-4 is a proprietary product of Hayward Baker. Over three million gallons
ha.ve been plaoed successfully in the u.s. The grout has a. viscosit~ of 4 to 6 centipoise, al'ld can be
regulated to gel in 2 to 50 minutes. GELOC-4 is permanent, nOQ-toxic, non-corrosive, and non-
odorous. It will be formulated on this project to contain 50 percent $odium silicate, 8 percent organic
reactant, and the balance water.
GROUT PIPE LAYOUT AND INST ALLA TXON
Vertica.l sleeve port grout pipes will be installed. Angled grout pipes may be installed ifnecessary to
avoid underground utilities and meet the proj~ct scope as describ~d herein.
Sleeve-port grout pipes have one-way ports along their length. The sleeve pipes are installed by
drilling a nominal 3~inch diameter steel casing. filling the casing with cement-bentonite slurry, and
then inserting a nominal I-inch diameter sleeve pipe into 1he casing to full depth. The casing is then
withdrawn, and the slurry hardens to form a brittle seal ill the annular spaces between the sleeve-port
pipe and the soil. The sleeve port grout pipe installation reduces the amount of grout comml.Uiication
to the surface a.nd insures proper penl1eation.
CHEMICAL GROUTlNG PROCESS
Grout Volutp.,es.: The volume of chemical grout needed to solidify a zone of granular soil is
calculated by assuming that the grout flows radially from the inj ection point Using a spherical flow
model and the maximum grout take of2.5 gallons/c.r. of soil. the required maximum design volume
can be calculated. A design spherical diameter of 3 feet was chosen on this project. Therefore, the
design volume for each injection port will be a maximum of35 gallons of chemical grout. Based on
a 3 foot design sphere, a smaller 2 to 3 foot grout pipe al1.d grout port spacing was chosen. The
smaller grout pipe a.nd grout port spacing will allow for overlapping and a continuous chemical grout
mass between grout pipes. For additional information, refer to the attached sketch.
HAYWARD
BAKER
Ai l(lIIl1grCamfUC'J'
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Chemical Grouting
Boynton Beach Pump Station
BoyntOll Beach, FL
January 12, 2007
Page 3
Grouting EQui.,pment: The chemical grout components will be sto~d in separate containers located
within a chemical grout plant tanker. The components will be continuously mixed using a series of
varia.ble pumps. The chemicals are thoroughly mixed and the gd1ation process begins, Using a '
variable speed positive displacement pump the chemicals are transported to the grout manifold and
the grouting operation proceeds in several holes at once. The manif~ld contains a valve far sampling
the grout as requited.
Iniection Process: When grout injection begins, B double-ended packer is inserted into a grout pipe
and placed at the appropriate sleeve-port elevation. A short burst ofhigh-pressure water is used to
crack the cement-bentonite seal around the grout pipe. Several packers placed in different grout
pipes are connected to a grouting manifold which distributes gJout mix under pressure to the
individual grout pipes. The manifold uses optical flow meters and pressure gauges for monitoring
flow and pressure at each grout port, Grouting continues on a given sleeve-port until the design
volume has been placed, or grout refusal is attained. Upon completion at an individual port the grout
packer is withdrawn to the next grout port and the injection continues.
QUALITY CONTROL
All injection data will be recorded on a grout manifo Id report. Thi ssheet is the technician's working
sheet for recording activity in each grout pipe. Submitted daily for all completed grout pipes, each
sheet corresponds to each grout pipe and contains the following:
Pipe No,
Date
Sleeve No. and Elevation
Injected Volume
Design Volume
Pressure and Flow Readings
Remarks
This data will be reviewed in order to detennine the stability and formation of the chemical grout
mass.
TECHNICAL CONSIDERATIONS
1. Soils: HBI has assumed a clean, fine sand at the subject site, A severe underrun in the
planned grout quantities may indicate a dirty soil which cannot be chemically grouted. If the
soil contains fines (silt and clay) it will limit the porosity, and thus, the success of the
chemical grouting program. Therefore, a geotechnical engineer should monitor the chemical
grout injection and evaluate the effectiveness of the chemi~al grout p1'OgraIn.
HAYWARD
BAKER
,,~ CGIl1jlI,,!,
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Chemical Grouting
Boynton Beach Pump Station
Boyntol1 Beach, FL
January 12,2007
Page 4
2. Working Grade: HBl is expecting to work from ground surface surrounding the pump
station. To a.ccommodate HBl's equipment, we envision that 2 sides of the surrounding
chain~ link fence will need to be removed.
CONSTRUCTION SEOUENCE
1. Access for HBrs chemical grouting equipment is provided by others.
2. RBI mobilizes to the site.
3. HBl performs chemical grouting to the satisfaction of the Engineer and Contractor.
4. HBl demobilizes from the site,
LAYOUT
RBI will detennine an initial grout point layout. The location of all underground utilities shall be
provided by others. HBl will use this layout to locate the grout ptJItnts in the field.
TESl'lNG AND INSPECTION
HBI has not included the cost of allY testing, certification or inspection. All testing, inspection and
engineering is to be provided by others,
SCHEDULE
We estimate the work could be completed in a two week time frame.
ACCEPTArlCE OF WORK
IfHBI is directed to mobilize and perform the work in the absence of a fully executed contract, the
conditions of this proposal shall govern and this proposal shall become the contract until such time
that a fully executed contract is in place. By proceeding, RBI will incur costs associated with off-site
preparation and mobilization for which it is entitled to payment.
HAYWARD
BAKER
It. ~tf CO\1I(WO'
01l1:;1/2007 l1'RI !l131 FAX J.~::HI~' IlIJ.".!. J:oJJ!I.L 1"'1::. "'1i~r;>t:I.r;>."'l;l
lIIrJuuur "'1tI..
Chemical Grouting
Boynton Beach Pump Station
Boynton Beach, FL
January 12, 2007
Page 5
We have attached our schedule of prices and list of conditions herein. This letter and its attachments
constitute HBl's proposal and will be made a part of any contract between Chaz Equipment Co., Inc.,
or the City of Boynton Beach, and RBI. The acceptance of the pric~ of this Proposal shall evidence
the concurrent acceptance of all terms and conditions recited herefn or incorporated by reference.
Any resulting contract will not include any other agreements or dOcfnents not specifically given to
HBl and referenced herein. We trust this proposal is of interest to yem and we look forward to being
of service. Ifwe can be of any assistance in clarifying any points in this proposal, please COlltact us
at (954) 977 - 8117.
Sincerely,
HAYWARD BAKER INC.
>A All.
Joseph A. Mann
Project Manager
J AMJam
HAYWARD
BAKER
A .c.ov t:'''''IpMI,
Ol./l2/2007 PRI 51L 3l FAX l5154' 1711.J.":~ M.liIJ; ~1;. .a..1I1oig,l:n;I;I,/U.Cl
WJ'W \,I f ( '" ""..
Chemical Grouting
Boynton Beach Pump Station
Boynton Beach, FL
January 12, 2007
Page 6
SCHEDULE 9F PlUCES
Hayward Baker Inc. (HBI) proposes to perfonn the work described ~ the accompanying letter for the
lump sum price of $75.000 subject to the following terms and conditions.
CLARIFlCA TJONS
1. Required survey and layout of all underground utilities by others.
2. Water and access to be provided by others.
3. Vehicular and pedestrian traffic control to be provided by others.
4. HBI has assumed one mobilization in their price. Any additional mobilizations will be billed
at $15,000 each
5. The proposed scope of work will create a coherent mass of the 3 feet of soil surrounding (but
~ beneath) the station. If, per the Engineer or the Owner, additional chemical grouting is
requested, it would be billed at the following rates
lTltM
!!2: DESCRIPTION
01 Drilling
~
LineaJ Feet
UNIT
PRICE
$18
02 Grouting
Gallon
$8
HAYWARD
BAKER
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Chemical Grouting
Boynton Beach Pump Station
Boynton Beach, FL
January 12, 2007
Page 7
SPECIFIC TERMS AND CONDITIONS
The following facilities and services are to be provided to HBI by others free of all costS to HBI:
Site Acc..ess; Preparation and maintenance of dear, well drained, uninterrupte~ access ways and working platforms
suitable fer HBI equipment moving under its own power. Access inc.ludes ad~q~atc ramps at suitable levels and should
be available at the time and to the ex.tent necessary to suit HEI's Qpel'a.tiOlls. i
I
Seq)1ence: Work is to be made available in a sequence that will enable HBI to work efficiently and systematically
without restriction,
Proirc!lllion of the Vi ork: HBI's proposal is based upon canying out the work in ~n unobstructed maMer durins regular
worlcing hours, Monday through Friday, in a single uninterrupted visit to the I site. HBI reaerves the l'ight 10 work
overtime or weekends llt BBl's own discretion without incurring charges ror inlJp~ction, site overhead or other
conseq.uential charges. In the event that RBI's work is interrupted for any r~son beyond our control HBI shall be
compensated at the rate of$5,000 per shift. or $600 pel' hour for standby of the crew and equipment. At the prosent time,
>>Dr Bnticipates commencing work on-site within three weeks after receipt of a written order to collllt1ence work. It is
anticipared that the work will require two weeks to complete.
~ite Pre,ptta!ion and MaJntenance: Removal of all surface or subsurface top~it. brush, orsanic material and other
unacceptable material in accordance with the requirements of !he contract docuPtents.
Rough grading of the site prior to treatment and any grading necessary during treatment to pencit movement of HBI's
equipment. Working areas will be level to within one percent, and this may requ*,e excavation, pl'ovisioll and placing of
fill to proper levels of compaction.
Water COIW.'ol: All work neccssary to eontl'ol e.nd maintEl,in the site and excavation frl!lC of ground or surface water
problems as they relate; to HBrs operations.
Sil;1: Work: The work under this proposal does not include any excavation, g.\'8~ng or sealing Workrequired On the site to
l!lsrnblish a wOl'kil18 platform or to l'Cstore the site to the original 01' finished grade. All such work is to be furnished by
others in a timely manner, so as not to lrl.1pede the progress of the work or cause damage to the fillished work.
Excavation and Spoil Remov!l1: All n~cessary excavation and disposal, including removal of solid and liquid waste
mllterials resulting from the work. .
Trame Control: All pedestrian and vehicular traffic control including signs ani! barricades, if and when required.
Ytilities: Location of utilities is not included in rhe scope of work of HBI. The Owner or Contractor is obligated to
ensure that all utilities ue property located including the proper notification ofany utility locating service applicable to
the wOl'k. Fu~thennon~, it is possible that damage may occur as a result ofheave,.gettlen'lCnt or intrusion caused by gl'out
material due to the unforesec-able condition ofthe ground Qr utility. FOr this reas~ HBl cannot accept responsibility for
damages thus cau.'led.
Layout: Survey and field layout of all necessary lines and gl'ades from which RBI's work can be established. Any post
construction S\lrvey of the work shall .Iso be performed.
Ell,gimerins; All plal1s, specifications Bnd desiglls necessary fol' tbe work.
Pel'm!ts and Easements; All site permits and easements l'l:ilquired to legally perfonn the wod(.
HAYWARD
BAKER
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Ol/12/2007 l"RI !1lL,j~ ~'Jl.lI. .L~~"':.r 111l.l..o::.1. /'11:1.1. ,n;, ~Clu"Clrl.Le<J.'='
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Chemical Grouting
Boynton Beach Pump Station
Boynton Beach, FL
January 12,2007
Page 8
Water SupDly: Adequate: supply of cleall. fresh potable water supplied to within 100 feet ofHBI1s OpCl'lltions at the fare of
50 gpm a~ SO psi.
Sanit8.ty Facilities: On-site sanitary facilities for the use of HB! employees,
~bor Affiliations: This propoul is made with tne underatal1du1g that HB! wil1,employ open shop labor. In the event
that union labor must be used the client will pay for any cost differentiaL
Vibration Liabilitv: !fiX cannot accept any liability for di9turbance to existing structllreli and their inhabitants on 01' near
the; site. HBI requir"9 that the; Owner/General Contractor indemnify I"IBI againllt~ny and 1111 claims for such disturbancl:S
and also take precautions a8 necessalY to avoid any such claims. This may include vibration monitoring, excavating
trellcheS around tho affcoted area, etc,
Hazardous Material: In the event that Hal encounters any hazardous material on the site, Wllich has not been render~d
hannless, HBI shall immediately stop work in the area affected and report tne condition in writing to the Ownel' and
Engineer. To the fullest extent permitted by law, the Owner and Contractor shallindemJufy and hold hamUC9s HBI, their
agents, consultants, and employees from and against aU claims, damages, losses ~d expenses, including but not limited
to attorney fel!ls arising out of 01' resulting fl'on1 performance of the work in Lhe affected area.
The following additional terms .and conditions will apply to the proposed ~ork:
Liauid.a.ted Damal!es: The Own~r or Contl'actor shall not be entitled to any liquidated damage, delay damage or other
time related penalties arising from the WOt'k.
Sodium Silica.te Curin2: The streng1h of Sodium smcate grout incl'eases with time. When used as excavation support, it
is recOIIlIru:nded that the grouted soil be permitted to cure a minimum of Seven (7) days prior to excavating the adjacent
&oils.
~: Thr; cost gf a bond pl'emhlln is not included in the cOIltract price, HBI will nlmish a Paymellt end Perfol'mance
Bond at our cost, if'desired. Payment for any bonds furnished by HEl will be invoiced separately at the time such bonds
are furnished.
Confidentiality: All Sfjecifications, drawings, price and technical data submitted by HBl tlre to be trelltod as contidential
and shall notbe used for any purpose other than the evaluation ofthis bid, nor shall such infonnation be disclosed to any
third party for ally purposes without the express wl'itlen COnsent ofHBl. Snch infolmation shalll'emain HBI's property
al1d be returned to HBl upon demand.
Pe,rioo;Lof Accetltance: This Proposal is offered for acceptal1ce for a period 000 dayS.
Exclusions: k1y items of work not specifically included in this proposal shall not be the l"l!lSpon!libilhy ofHBl.
GENERAL TERMS AND CONDITIONS
Payment Tem,,,: l)rogress payments will be: llubn1itted rnol1thly and shall be payable within 30 days of the invQice date.
All other i1mO\lllt9 due, including retention (if any), will be paid in full within 45 clays of substantial completion ofHSl's
work., regardless of the: anticipated project completion date.
An interest charge of 1-1/2% percent per month will be addcd to invoice I1mOul~tB not paid within 30 clays from date of
invoice. All costs of coUectioll, including attomeys' fees and court costs, will be added to \lnpaid invoice anlQunt
HAYWARD
BAKER
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Chemical Grouting
Boynton Beach Pump Station
Boynton Beaoh, FL
January 12, 2007
Page 9
Changed Conditions: Notwithlltanding all clauses of this contract, ifHBI, durin$ its work, \lIl~01.lnters 1) subsul'face or
latent physical c.ondiul)ns which differ from those indicated in this Agreement, l)~ 2) unknown physical cOLlditions of an
unusual nature, dJfferifig from those ol'cUnarily encountered, then HBI shall be entitled to an Dquirable price and schedule
adjustment to compensate it for such changed condition.
Insurance: JIB! will provide the following insurances within limits as shown.
Comprehensive General Liability: I
(Combined Single Limi~ Bodily Injury and Property Drnnage)
Automobile Liability: .
(Combined Single Limit, Bodily Injury and Property Damaj:e)
W orkmatl'6 Compensation:
$1,000,000.00
$1,000,000.00
Statutory
Force Mai.lure: RBI c:anno~ accept any liability for default or delay in the completion ofthc WOl'k when caused by strike,
riot, war, or Act of God Or other similar circumstances beyond HBl control.
ymitation of L.iabilitv: We will pertonn the work in a professional ltWUl.er in cooperation with soils engineer.
However, we cannot accept liability on any furtheI' dllmage to tho $tJUctUr6, lancJscaping, utilities, french dnlns, septic
systems, wells, etc. and/or any cOIl5equc::ntial dap18ges that may result from the normal performance of the work. All
utilities and other services left in pltlc~ shall be located, exposed, and ShOWOllO our on 11l[e rcpresentati\lc prior to
commencement of work. !
I.:~abili~: No liability can be accepted by HBI, nor shall HBl accl!:pt as in any ~y responsibility fo\' defects of any kind
whatsoever arising from a causo which is outside HBI's ilnmediate control or knowledge, Or for any fault in the junction
between HBI's work Bnd subscquent work carried out by others.
Indemnity: Subject to the terms of the Liability Clause above, and to the correct soil conditions having been provided to
us prior to our wod; HBI shall indemnify and insure the Owner and/or Contract~. front and against all claims, darnaees.
losses, and expenscs, but only to tbe extent of the nesHgencE! ofHBI, and provided that a11Y 8ueh claim, damage, loss 01'
expense is attributable to (1) bodily injury, sickness, disease or death. or to (2) ~he injury to or destruction of tangible
property (other than the work it$elt) fmd only to the eJC,fellt such claim is oovered under the Commercial General Liability
Policy of HEl. '
Standard Construction Contracts: As an alternate to accepting RBI's proposal as the COntract docUIDMt, RBI considers
the "Standard Form Construction Contract" u prepared jointly by AGe. ASA and the ASC, 1994 Edition to be balanced
and fair to all parties. Such contract, with no changes to the standard text th~eof, along wilh this proposal and the
specific documents herein, could form the conlnct for the work herein pl'Oposed. Any other contract fonn wil11'equire
oW' review. Where incorporated into a contl'act, this proposal shall supercede aU conflicting terms of sucb a contract.
HAYWARD
BAKER
^_ea."
U J. I .L if. f .. U \,/, ,I; ...~- -,.. ..
TITLE
PROJECT
PLAN VIEW
Treatment
Areo
8'-0"
Prllccst wet Well Structure
S . A - A'
ectlon
Ground Surfoce
Notes:
1) Drawing based on site visit by
Joseph Monn of HBI on 1/10/07,
CHEMICAL GROUT
HAYWARD
BAKER
.. 1o(.lt.,. CI.,...jII.~
BOYNTON BEACH
PUMP STATION
+LE.
2300 W, Sample Road
Sulle102
Pompano Beaen, Ronda 33073
(954) 977-a117 (p)
(9511) 977-6121 (f)
Hayward Baker, Inc
Fax
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VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) [8J March 5, 2007
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007
0 February 13, 2007 January 22, 2007 0 April 3, 2007
Date Final Form Must be Turned
in to City Clerk's Office
February 12,2007 (Noon)
a
-..J
March 5, 2007 (Noon) ."
rr1
CO
March 19, 2007 (Noon) _
N
0 Announcements/Presentations 0 City Manager's Report
0 0 _.
NATURE OF Administrative New Business
AGENDA ITEM r.~.)
[8J Consent Agenda 0 Legal ~. .)
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
RECOMMENDATION: A motion to negotiate a contract with APPLIED TECHNOLOGIES & MANAGEMENT,
Inc. of West Palm Beach, Florida. RFQ# 021-1210-07/CJD "FACT FINDING AND EVALUATION STUDY OF THE
SOUTH LAKE WORTH (BOYNTON) INLET".
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EXPLANATION: On November 29, 2006, Procurement Services opened and tabulated seven (7) proposals to our
RFQ, FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET. An
evaluation committee was formed and reviewed all proposals. The committee consisted of: Jeff Livergood, City
Engineer, Carisse Lejeune, Assistant to the City Manager, Tom Warneke, resident, Donna Brosemer, Consultant,
Michael Bornstein, Hypoluxo Town Manager. It was determined by the committee that a presentation would assist in
making a final determination as the most qualified consultant to prepare the Fact Finding and Evaluation Study of the
South Lake Worth (Boynton) Inlet. A scoring system was utilized to evaluate each consultant against requirements
established in the RFQ. All the consultants were ranked based upon the evaluation criteria. Attached are the ranking
sheets ranking Applied Technologies Management as the number one firm to negotiate a contract with. The second
firm was Coastal Planning and Engineering, Inc. and the third company was Sea Diversifed, Inc. It was a unanimous
vote for Applied Technolgies and Management, Inc.
PROGRAM IMP ACT: To help define what measures would improve boater safety, and improve water quality
without significant changes to tidal stages.
FISCAL IMPACT: Not to exceed $160,000.00 that will be reimbursed by the South Florida Water Management
District.
ALTERNATIVES: Not to go forward with the South Lake Worth (Boynton) Inlet Study and allow the inlet to
continue to be hazardous to boaters, result in loss of land for recreational use and negatively impact water quality and
the environment.
C: Carisse Lejeune - Assistant to the City Manager
Jeff Livergood - City Engineer
File
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
.b!~p
City Manager's Signature
A"i,tmt ro ~Jij;;;( ::::;-
C;ty Attorney / Hnmee ~
73
Procurement Services
Department
C: Carisse Lejeune - Assistant to the City Manager
Jeff Livergood - City Engineer
File
GENERAL INFORMATION
SCOPE OF SERVICES: The objective of the study is to help define what measures would
improve boater safety, and improve water quality without significant changes to tidal stages.
The Scope of Services is the means by which the Objectives are to be evaluated and addressed.
This list may not be all encompassing, and any additional specific means must be approved, in
advance, by the Project Manager. It is expected that all coordination of activities will be
conducted through the Project Manager and the Department's assigned liaison(s). Information
and/or work documents, obtained through this Scope of Services, shall be distributed only
through the Project Manager as deemed appropriate.
SECTION 1 -INTRODUCTION! BACKGROUND
This contract provides for cost-sharing with the City of Boynton Beach on a fact finding and
evaluation study of the South Lake Worth (Boynton) Inlet. The objective of the study is to help
define what measures would improve boater safety and improve water quality without significant
changes to tidal stages.
In 1915, the South Lake Worth Inlet District was created by the Florida Legislature under
Chapter 7080, Laws of Florida. The Legislature authorized the District to construct and maintain
an inlet which would connect the waters of Lake Worth with the Atlantic Ocean, "and all other
works necessary and proper in connection therewith". On May 24, 1996, Chapter 96-466, Laws
of Florida repealed Chapter 7080 and abolished the South Lake Worth Inlet District giving all
property and property rights to Palm Beach County, saving that ".. .benefits of the inlet extend
beyond the boundaries of the district."
South Lake Worth Inlet was originally dredged in 1927. The South Lake Worth Inlet is an
improved artificial tidal inlet cut through the barrier island. The inlet is located within an
unincorporated area between the Towns of Manalapan and Ocean Ridge. The purpose of the
inlet was to improve water quality in Lake Worth; however, the inlet also has been used heavily
by local residents for boat access to the Atlantic Ocean. Efforts to stabilize the hydraulics of the
inlet and improve navigation have included raising the jetties to 12' MLW in 1938, as well as,
their seaward extension in 1967.
SECTION 2 - OBJECTIVES
The proposed study will evaluate the South Lake Worth Inlet to improve boater safety and water
quality in Lake Worth. Sections of the study will include but will not be limited to data
collection, studies, models, analysis and engineering evaluations necessary to improve boater
safety, water quality and tidal effects associated with the inlet's status quo or modification. The
3
study is expected to provide the Boynton Inlet Committee with quantitative results to assist in
determining the feasibility of expanding/deepening the South Lake Worth Inlet, including
consequential changes to adjacent areas i.e. ebb tidal shoal and sand transport effects.
SECTION 3 - SCOPE OF WORK
The purpose of the scope of work is to technically support the Committee's efforts for
consideration of inlet improvements. Areas to be covered as part of the scope include: Storm
surge, velocities and distribution of velocities within the inlet, Boat users and Boating
accidentlincident records, ebb and flood tidal shoal data, water quality and exchange information,
plotting of existing seagrass maps, sea state information, beach erosion, environmental issues,
and impact on affected stakeholders. Total payment by the District shall not exceed the
amount of $160,000.00.
Task 1 - Perform a complete hydraulic model analysis of various conditions affecting South
Lake Worth Inlet, Intracoastal and residential waterways within 112 miles of the inlet. This work
shall include: C-16 discharge rates and timing, evaluation of velocity and tidal flooding, flushing
effects and potential changes to beach erosion/accretion trends; data collection; analysis and
engineering evaluation. Boating accident data should include type and location, frequency and
conditions, with an indication as to what improvements to the inlet would reduce boater
incidence and by how much.
Task 1 Deliverable One (1) copy of the preliminary H&H report and supporting data
Task I Performance Period: 120 days
Task 2 - In report format, the study will include details of anticipated benefits/impacts at various
widths and depths to boaters, potential changes from storm surge and tidal stages that would
provide a comparison of potential impacts to all affected properties within the study area, as well
as, providing expected water quality changes. Expected effects to the ebb tidal shoal should be
discussed as well as sand transport across or into the inlet. The report shall also include an
estimate of cost of each option or recommendation.
Task 2 Deliverable Draft report and Cost Estimate, and draft presentation
Task 2 Performance Period: 45 days
Task 3 - Recommend mitigation for negative impacts. This should focus on tidal stages, channel
velocity, boater safety, loss of land for recreational use and water quality enhancements for the
environment.
Task 3 Deliverable: Report on recommended mitigation
Task 3 Performance Period: 45 Days
4
Task 4 - Final presentation to the Committee shall include comments from Stakeholders and
codified in a formal document.
Task 4 Deliverable: Final Report and final Presentation
Task 4 Performance Period 45 Days
SECTION 4 - PROJECT SCHEDULE
The following is the anticipated schedule for execution of this project. However, due to
committee constraints this schedule may be adjusted, as may be required.
Task 1 - Data collection, studies/modeling, analysis and engineering -
Task 2 -- Draft report and initial Presentation
Task 3 - Recommended Mitigation
Task 4 - Final Presentation
SECTION 5 - PAYMENT AND DELIVERABLES
All invoices shall be accompanied by adequate documentation to support actual expenditures
incurred by the City of Boynton Beach within the not-to-exceed amounts specified below in
accordance with the completion of each Task in accordance with Exhibit "A" Statement of Work
requiremenh Periodic invoices, but not more frequently than monthly, will be considered for
payment based upon the percent of each Task complete. The City of Boynton Beach is
responsible for any additional funds either through local revenues, grants, other appropriations
and lor other funding sources as authorized by the city commission.
Task 1 - Data Collection, Studies!Models, Analysis and Eng. Evaluation - 40%
Task 2 - Draft report and initial Presentation 10%
Task 3 - Recommended Mitigation 40%
Task 4 - Final Presentation 10%
5
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400 S. AUSTRALIAN AVE.. SUITE 855
WEST PALM BEACH. FL 33401-5045
(561) 659-0041 FAX 659-3733
WWW.APPLlEDTM.CDM
November 29,2006
Carol Doppler, CPPB
Procurement Services
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
RE: Fact Finding and Evaluation Study of the South Lake Worth (Boynton) Inlet
RFQ# 021-1210-07/CJD
Dear Ms. Doppler:
Applied Technology and Management, Inc. (ATM) is pleased to submit this response to the City of
Boynton Beach (the City) for the subject solicitation. ATM is a coastal engineering and environmental
consulting firm specializing in unique coastal and marine related projects in the Southeastern United
States and the Caribbean. Our qualifications for this solicitation include:
Complete in-house capabilities - ATM recognizes the wide range of service needs under this
solicitation. Our staff of engineers, scientists and surveyors is uniquely qualified to efficiently provide the
breadth of skills required. ATM has the ability to provide all of the needed services for this solicitation.
Experience with Florida coastal and marine projects - A TM has been working on similar projects
within Florida and Palm Beach County for over twenty years. We currently are working on active coastal,
marine and dredging related projects for Indian River, Martin and Palm Beach counties, as well as for
private clients statewide.
Experienced and available local staff - ATM has local, professional staff and resources to provide
complete, comprehensive and timely service to meet the needs of this project.
Available Resources - ATM has existing environmental, engineering and marine related databases and
studies that can be utilized for this project. This includes comprehensive mapping of seagrasses within
the project area. Utilization of this existing information represents a significant cost and effort savings for
the project.
Thank you for considering ATM for this solicitation. We look forward to hearing from you. Please do not
hesitate to contact me at (561) 659-0041, if you have any questions or would like any further information.
This proposal is made without collusion with any other person or entity submitting a proposal pursuant to
this RFQ.
~~
Michael Jenkins, Ph.D., P.E.
Coastal Engineering Team Leader
Enclosures: One (1) original, Five (5) copies
Environmental & Coastal Engineers, Scientists & Management Consultants
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 02 1-12 IO-07/C}D
I. Company Overview and Experience with Other Projects
Applied Technology & Management, Inc. (A TM) provides coastal engineering, marina
design, harbor & waterfront development, and environmental engineering and sciences
to public and private clients. A TM is a corporation organized under the laws of the State
of Florida. Founded with a single office in 1984, A TM has grown to a staff of more than
100 in eight strategically located offices in the eastern United States. ATM has been
providing comprehensive coastal engineering and modeling services to clients within
South Florida and Palm Beach County for over twenty years.
ATM's Florida offices are located in West Palm Beach, Cocoa Beach, Gainesville,
Tallahassee, and Jacksonville. The West Palm Beach office focuses on marine,
estuarine and coastal related projects and will serve as the lead for this project.
ATM's engineering group includes more than twenty Registered Professional Engineers,
two Professional Geologists, Ecologists, Environmental Scientists, and a Professional
Surveyor/Mapper. Fully one third of A TM's engineering professionals possess advanced
degrees within a coastal engineering related field. Our technical professionals deliver a
range of high-level services to projects throughout the United States, the Bahamas,
Mexico, the Caribbean, internationally as far away as Dubai, China, the Ukraine, and
Africa.
ATM assists our clients with complex environmental and development issues in oceans,
waterways, and along the shoreline. From the development of innovative dredged
material management solutions, assessing the hydraulics and hydrodynamics of water
bodies, designing the nourishment of depleted beaches, and planning & permitting
waterfront developments; we provide the strategic assistance and integrated approach
assuring project success. Our experts guide clients in overcoming regulatory hurdles
and avoiding costly pitfalls - from initial planning and engineering through
implementation and beyond.
ATM's broad array of technical support includes assistance with assessment, planning,
management, permitting, development, mitigation, and compliance. Our services
include:
Coastal Engineering works with coastal clients on a host of erosion, storm
protection and navigation projects from beach nourishment to large port and
harbor deepening projects to smaller recreational marinas. Our engineers assist
clients with shoreline assessment, restoration, and management.
Water Resources Modeling: A highly, specialized group of A TM engineers and
scientists are responsible for the development and application of complex multi-
dimensional hydrologic, hydrodynamic, water quality, and ecological models to
solve engineering and environmental problems. In addition, this group provides
expertise support to all the other ATM groups in model development, data
collection and analysis, environmental impacts, and permitting. This experienced
team is capable of solving a wide variety of problems involving the physics and
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 02 1-12 IO-07/C}D
biogeochemistry of aquatic environments utilizing state-of-the-are numerical
models, expert systems and GIS.
Water Resources: Addressing the needs of government and private clients,
A TM Water Resources services include stormwater management, permitting and
design; stormwater master planning, water quality modeling; hydraulic and
floodplain modeling; water quality monitoring; hydrologic analyses; wastewater
treatment design; surface and ground water studies; aquifer testing; mixing zone
studies; and water reuse studies.
Marina and Waterfront Development facilitates the effective planning and
design of waterfront development, renovation, and navigation projects.
Environmental Sciences offer comprehensive ecological assessment, planning,
and mitigation services to meet regulatory requirements for wetlands and
estuarine systems.
Environmental Engineering assists municipal and industrial clients with
compliance-related planning, design, and permitting needs.
Survey/Field Investigations provide field support in the collection of survey and
environmental data. A TM staff includes a full-time registered surveyor. A TM's
resources include a survey vessel, survey equipment (including RTK GPS
systems), and ADCP current meters.
PROJECT SPECIFIC EXPERIENCE AND CAPABILITIES
For over 20 years, ATM has successfully completed coastal engineering and marine
related projects with tasks similar in scope to this project throughout the Southeastern
United States, Florida and the Caribbean. Qualifications specific to this solicitation
include:
Recent Projects of Similar Scope - A TM staff identified for this project have conducted
a number of successful, recent projects that address the issues identified within this
project. Projects of note include:
Bimini Inlet. Bahamas - Persistent issues regarding boater safety and inlet navigability
required the expansion and deepening of the inlet channel. A TM conducted the
evaluation of pre-project conditions, identified and modeled project alternatives and
impacts, successfully designed, permitted and oversaw the construction of the channel
re-alignment. The project has resulted in a marked improvement in inlet navigability,
safety and the marine-dependent economy.
Midniaht Pass. Florida - A TM developed a comprehensive hydrodynamic and water
quality model to assess impacts due to inlet stabilization.
Ginn Sur Mer. Grand Bahama - ATM is providing engineering, modeling and
environmental support for the construction of three new inlets and an extensive canal
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 02 1-12 10-07/CjD
and estuarine system. ATM provided key development support services for Government
approval. Construction is currently underway.
Lake Worth Lagoon Seagrass Monitoring - Since 2000 A TM has conducted
comprehensive monitoring of seagrass resources within the Lake Worth Lagoon for
PBC-ERM. This data and analysis provide a comprehensive baseline for this study.
Marine/Boating Related Experience- ATM is a recognized industry leader in marina
design and engineering and has completed numerous successful marina projects. This
experience and expertise provides A TM with unique capabilities and understanding of
the needs of the boating public.
Local Knowledge- A TM has conducted numerous, marina, coastal and environmental
projects throughout the Lake Worth Lagoon and Palm Beach County. ATM-WPB staff
have considerable local knowledge of the conditions and issues associated with the
lagoon and inlet system.
Comprehensive Modeling - A TM has complete and comprehensive model experience
and capabilities including all aspects of hydrodynamic, coastal and water quality
monitoring. A TM has provided modeling support services for a range of public and
private clients including ongoing support to the South Florida Water Management District
(SFWMD).
Coastal Engineering and Modeling- ATM is a recognized industry leader within the
field. A TM has successfully completed numerous coastal engineering projects including
all aspects of the discipline including coastal inlet design and modeling.
Interagency Coordination - A TM maintains successful and proactive relationships with
local, state, and federal regulatory agencies. We understand the multiple hurdles
required for project implementation and can provide positive and effective advocacy for
this project.
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 02 1-12 lO-07/CjD
REPRESENTATIVE PROJECTS
The following projects provide representative examples of projects similar in scope to
this study:
Bimini Inlet Dredging Design and EIA Development, Bimini, Bahamas
ATM conducted a comprehensive design and permitting effort in support of the Bimini
Inlet Dredging Project. Chronic
sedimentation of the channel into North
Bimini had reduced the navigability of the
channel and had a profound impact on the
economy of the region. In addition to the
design of an improved navigation channel,
the inlet-dredging project included
determination of the optimum plan for
placement of the dredge disposal: sand
dredged from the project was used for the
renourishment of North Bimini beach;
dredged rock material was used for
construction of beach revetments and groins.
A TM also developed an EIA document that provided an assessment of the value of
adjacent natural resources and provided recommendations for how to reduce potential
impacts to these resources. Project construction was completed in 2006.
Midnight Pass, Sarasota Bay, Sarasota, Florida
ATM was retained by Erickson Consulting Engineers, Inc. (ECE) to conduct a
hydrodynamic model study to support the Midnight Pass relocation project. The model
study served two main purposes: (1) provide a tool to aid the engineering design by
evaluation of design alternatives and optimization of the inlet dimensions; and (2)
provide a framework for evaluation of potential project induced environmental changes
(e.g., salinity, temperature, estuary water residence time, sedimentation) and identify
alternatives with the least adverse impacts and greatest potential benefits. The study
utilized the Environmental Fluid Dynamics Code (EFDC) model. EFDC is a state-of-the-
art (2D, 3D) finite-difference hydrodynamic model approved for use in marine
environments by the Environmental Protection Agency (EPA). The model was used to
simulate the hydrodynamics (i.e., water surface elevations, currents and flows),
temperature, and salinity throughout the study area. The model also provides the
framework upon which water quality model assessments were conducted.
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 02 1-12 10-07/CjD
Assessment of Lake Worth Inlet Bypassing Alternatives
A TM conducted a numerical model study to quantify the impacts to sediment transport
and shoreline position from the current and proposed bypassing operations associated
with Lake Worth Inlet. The intent of this study was to
quantify potential impacts of various alternative and
to determine an optimum bypass configuration. The
GENESIS shoreline model was used to evaluate
multiple alternatives for providing a better downdrift
location of the bypassing plant's discharge. A TM
provided unique solutions to the Town for
incorporation into their Shoreline Management Plan.
This project involved multiple agency coordination
and technical review by colleagues external to ATM.
Ginn Sur Mer, Preliminary Engineering, and Coastal Services, West End, Grand
Bahama Island
ATM completed multiple engineering, environmental and modeling tasks in support of a
proposed major development in West End Grand Bahama (Ginn Sur Mer). The
proposed development includes the construction of three new inlets and the
interconnection of these inlets by an inland system of canals. An Environmental Impact
Assessment (EIA) was developed and coordinated with the Bahamas Environment,
Science, and Technology (BEST) Commission. This work included an assessment of
existing coastal environmental resources including wetland delineation, coastal dunes
and nearshore hard bottom resources as well as an assessment of potential project
impact. A critical element within this analysis involved the plan to construct up to three
new coastal inlet/marina cuts within the shoreline. The analysis assessed the potential
impact of these cuts on the project shoreline both in terms of shoreline stability and
environmental resources. A comprehensive model study was undertaken to identify
these impacts and designs were developed to minimize and mitigate for these impacts.
Additional analysis quantified and optimized the flushing characteristics and water
quality of the constructed waterways. The final design includes a range of elements
including jetty terminal structures, focused groin fields, inlet sand bypassing and
strategic nourishment for downdrift impacts. An Environmental Management Plan
(EMP) was developed to identify critical elements within the construction phases of the
project. Plans, specifications and construction support services are underway. Project
construction was initiated in early 2006; and oversight of the construction is ongoing.
Elements within this effort included:
. Flushing Studies - ATM simulated flushing capabilities of 3 marinas and canals.
Evaluated the costs and logistics of potential pumping alternatives. A tidal
phasing study was completed to measure the phase lag of the tides across the
island.
. Coastal Engineering - Assessed the influence of the coastal structures Uetties,
channels) on the shorelines.
. Impacts to Upland Habitat
. Impacts to Surface Water Quality and Local Circulation
Fact Finding and E.valuation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 021-1210-07/C}D
Lake Worth Lagoon Seagrass Monitoring, Palm Beach County Department of
Environmental Resource Management
ATM has conducted comprehensive monitoring of seagrass resources within Lake Worth
Lagoon over the period from 2000 through the present and is contracted to continue this
work through 2007. This work included GIS-based mapping of seagrass resources and
in water field verification of resources. Field investigations included fixed transect and
quadrat monitoring of 10 locations throughout the
lagoon system. Additional transects were conducted
in the vicinity of South Lake Worth Inlet and the C-16
canal in support of PBC-ERM ongoing projects.
Assessments of seagrass specie type and cover
extent were performed. Macroalgal species presence
and differentiation was additionally undertaken.
Statistical analysis of the data was conducted to
delineate trends within the collected data. Further
correlation of the observed conditions with local climatic and meteorological data was
performed.
South Florida Water Management District, Minimum Flows and Levels Program
Freshwater Flow and Ecological Relationships in Biscayne Bay
This project was undertaken as one facet of the
SFWMD's Minimum Flows and Levels (MFL)
determination for restoring freshwater flows to Biscayne
Bay. A TM performed a thorough review of the Biscayne
Bay literature to: (1) understand the historical freshwater
inflows and salinity conditions; (2) identify potential
indicator species for use in tracking long-term salinity
reductions in the Bay (resulting from CERP
implementation); and (3) examine alternative MFL
methodologies utilized by other Florida water
management districts to ascertain their applicability to
Biscayne Bay.
This project seeks to establish a scientific connection
between various methods to create MFLs for Biscayne
Bay, as well as indicators of conditions in the Bay. The
recommended process has been to apply numerical rankings to potential indicator
species and potential MFL approaches in order to determine the most appropriate
approach for each of the Bay's six sub-regions. This is necessary due to the Bay's large
heterogeneous ecosystem, which has undergone major anthropogenic changes during
the last 100 years. Each of the six sub-regions has unique characteristics that demand
unique treatment regarding necessary freshwater flows. Special care must be taken to
either maintain existing conditions, or restore some semblance of historical conditions to
allow for a particular ecological function to exist that is acceptable to water managers,
citizens and scientists.
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 021-121 0-07/C}D
Savannah Harbor Expansion Project Feasibility Study and EIS, USACE Savannah
District and Georgia Ports Authority
A TM is assisting the Savannah District with hydrodynamic modeling and environmental
studies associated with the proposed deepening of the Savannah Harbor Federal
Navigation Project. As a part of the Project Delivery Team, ATM is also providing
sediment quality evaluation, (404 (b)(l) evaluation, beneficial use of dredged materials,
biological assessment, aquatic resource surveys, sedimentation analysis, salinity study,
wetland impact evaluations, coastal erosion studies, mitigation plans and Coastal Zone
Management (CZM) Consistency Determination for the States of South Carolina and
Georgia.
The project evaluated the project alternatives for
deepening the channel for navigation purposes by
3' to 8' for over 20 miles in the river and
approximately 14 miles of the bar channel. The
primary concern of the project is the impact of
deepening the navigation channel along the river
on the hydrodynamics and salinity intrusion into
the system.
These results in turn are used to determine the effects on currents, waves, salinity, water
quality, sedimentation patterns, shoreline erosion, and the intrusion on critical freshwater
wetlands within the Savannah National Wildlife Refuge. ATM is using REF/DIF wave
modeling and the water quality component of WQMAP in conjunction with hydrodynamic
simulations to evaluate the impacts on adjacent beaches and shorelines, as well as
fisheries, aquatic resources, and numerous municipal and industrial point source
dischargers on dissolved oxygen levels throughout the system.
The Lower Savannah River monitoring program consists of continuous data collection of
specific conductance (salinity), temperature, water level, and dissolved oxygen at 38
water quality monitoring stations. A TM field crews also conducted numerous ADCP
transect surveys for calibration of the coastal and hydrodynamic models
Port of Charleston
Sedimentation Modeling for South Carolina State Port Authority
South Carolina State Ports Authority (SCSPA) conducted field studies and developed a
focused three-dimensional sedimentation model of the Cooper River to assist in design
and planning for two new terminal locations. The model will be utilized to predict
sedimentation rates for a variety of design options. The purpose of the study is to
design the terminal structures to minimize dredging maintenance at the proposed
terminals and determine any effects to sedimentation patterns in the Harbor resulting
from construction of the proposed terminals.
Fact Finding and E.valuation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 02 1-12 lO-07/C}D
A TM designed the model study plan to be responsive to the specific needs of SCSP A.
Existing data from previous USACE Waterways Experimentation Station studies were
utilized to both calibrate and verify the 3D sedimentation model. To assist in these
efforts, A TM performed Hydrographic Surveys-Acoustic Doppler Current Profiler
(ADCP), Water Quality and Bathymetric Data collection in support of design planning for
the two future terminals on the Cooper River.
Evaluation of Potential Impacts of Demineralization Concentrate Discharge to the
Indian River Lagoon
The St. Johns River Water Management District (SJRWMD) has identified the potential
impacts of proposed water use through year 2020 on the water resources in the District.
The District is performing investigations into alternative water supplies to address future
water needs, including the feasibility of a desalination plant located near the Indian River
Lagoon and co-located with existing power generation facilities.
The District contracted with A TM its subcontractors Janicki Environmental and R. W.
Beck, to conduct a study on the impacts of demineralization concentrate discharge on
the Lagoon. The study was divided into two phases. Phase 1 evaluated the use of the
existing SJRWMD model for the demineralization concentrate discharge impact
evaluations and to make recommendations for refinements to the model if necessary.
Phase 2 implements the recommendations developed during the Phase 1 review.
. The evaluation of the potential impacts of
demineralization concentrate discharge
requires the evaluation of the changes in
salinity and other key parameters that may
result from the operation of the desalination
plant(s). The model that is currently being used
by the District was developed in partnership
with the University of Florida and is called the
Curvilinear Hydrodynamic 3D Model, or CH3D.
.
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 021-1210-07/C}D
Westin Roco Ki Beach and Marina Resort Environmental and Infrastructure
Studies, Punta Macao, Dominican Republic
A TM conducted environmental and engineering studies for the
200 Ha (-500 acres) Westin Roco Ki Beach and Marina project.
Services included site visits, environmental upland and marine
field work, infrastructure preliminary design, beach and dune
erosion assessment, development of community inclusion
strategies, assessment and mitigation of project impacts, and
definition of conservation areas. As part of the sustainable
development approach, the project includes more than 50 Ha
(-120 acres) of mangrove conservation areas. ATM assisted in
revising the Master Plan, participated in public presentations and
regulatory agency meetings, and is providing on-going support to
the project design team. Services included:
. Infrastructure Conceptual Design
. Environmental Assessment and Master Plan Support
. Environmental Impact Study and Management Plans (in Spanish and English)
. Water Quality Monitoring and Modeling
. Wave and Current Modeling
. Inlet Design and Navigability Assessment
. Marina Market Study
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 021-12/0-07/C}D
2. Qualifications of Staff
2.a Team Overview
ATM's greatest asset is our staff. We have assembled an experienced and dedicated project
team to serve the City which includes professional engineers, scientists, PhD's, coastal
engineers, environmental specialists, a former dredger, and modelers. Key team members
include:
Mike Jenkins, Ph.D., PE - Principal in Charge. Mike serves as head of the West Palm Beach
office and team leader for all of A TM's Coastal Engineering Section. Mike is an expert in the
field of nearshore coastal dynamics and the complex interactions between waves, tides and
currents that occur in inlets. This experience includes a dissertation on wave modeling of
Sebastian Inlet, Florida. Mike is a long time resident of the area and frequent user of the South
Lake Worth Inlet and as such understands the issues regarding this inlet. He has been integral
to a number of coastal related projects within the area including the comprehensive seagrass
modeling of Lake Worth Lagoon, several beach restoration projects and previous evaluations of
the South Lake Worth Inlet for the County.
John Duchock, PE, - Mr. Duchock specializes in projects relating both to coastal engineering
and marina design and has led a number of efforts addressing issues of boater safety and inlet
navigability. Most recently John led the North Bimini Inlet project which involved modifications
to the inlet to address boater safety/navigability issues.
Greg Braun, CEP. - Greg specializes in ecological assessments, permitting and habitat
restoration projects. He has served as principle investigator for the Comprehensive monitoring
of seagrass within the Lake Worth Lagoon conducted for PBC-ERM since 2000. In this capacity
he has developed a unique knowledge and understanding of the conditions within South Lake
Worth lagoon in the vicinity of the inlet. Greg is also an expert in issues regarding manatee
protection.
Danny Mendelsohn - Danny has more than 20 years experience in numerical model
development and application with a focus on environmental hydrodynamics and water quality.
In addition to Mr. Mendelsohn's participation in numerous hydrodynamic, hydraulic,
meteorological and water quality research projects, he has recently completed the development
of a integrated, state-of-the-art boundary fitted coastal hydrodynamic and water quality modeling
system, including the integration of the USEPA WASPS kinetic rate equations.
Steve Peene, Ph.D. - Steve's expertise includes all facets of hydrodynamic and water quality
modeling. He has conducted several multidisciplinary engineering and design projects. He
provides technical oversight, technical support, management, and Quality Assurance/Quality
Control on monitoring, modeling, and data analysis work.
Pete Seidle, PE - Pete has extensive experience in the design and oversight of coastal
engineering projects within Florida including considerable expertise in projects within Palm
Beach County. This experience includes considerable experience in the modeling of shoreline
impact due to inlets including the Lake Worth Inlet.
John Vannoy, EI - Mr. Vannoy joined A TM after working for 7 years as a Project Engineer for
Great Lakes Dredge & Dock Company and has extensive knowledge regarding dredging
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 021-1210-07/CjD
design, cost and practice. He has extensive experience with channel maintenance and
deepening. While with Great Lakes Dredge & Dock, Mr. Vannoy was lead engineer on more
than 20 miles of channel deepening, including drilling and blasting, and was involved in deepening
an additional 35 miles of channel in various locations.
SUBCONSULTANT
To support the services of ATM, we have teamed with Coastal Eco-Group, Inc. (CEG, Inc.); a
state-certified Woman-Owned Business.
Cheryl Miller, Principal, CEG, Inc. - Cheryl Miller is an expert in nearshore benthic resources
including hardbottom, coral and seagrasses. She has extensive knowledge of the state
regulatory process regarding such resources having worked for the FDEP Bureau of Beaches
and Coastal Systems Regulatory section. She is an expert in Johnson's Seagrass (Halophila
johnsonii), a Federally registered threatened specie present within the project area.
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Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 021-121 0-07/C}D
2.b Percent of Involvement
The following table provides an assessment of the relative involvement of key team members in
this project. The percentages represent the anticipated level of involvement within the project
efforts but are not proportional to the total effort (man-hours) for the project.
TEAM MEMBER RESPONSIBILITY PERCENT of
INVOL VEMENT
Mike Jenkins, Ph.D, Project Manager 75%
PE
John Duchock Boater Safety 50%
Naviaation/Marine
Greg Braun, CEP Envi ronmental/Reg u latory 50%
Danny Mendelsohn Hydrodynamic/ Hydraulic 50%
Modelina
John Vannoy, EI Engineering 25%
Pete Seidle, PE Coastal Engineering 25%
Cheryl Miller Envi ronmental/Reg u latory 25%
Steve Peene, PhD Hydrodynamic/ Hydraulic 25%
Modelina
2.c Willingness to Complete
A TM has the professional staff and resources to commit to the City and will be able to initiate
work promptly following the successful execution of a contract. We are committed to meeting all
budgetary goals and timeframes. At present, A TM has no projects that would adversely affect
our ability to complete the tasks required for this project on schedule with the personnel we
have proposed herein. The project staff can and will commit to providing the City with the
required level of service along with the necessary resources to ensure timely completion of the
work.
The Project Manager for this project, Mike Jenkins, Ph.D., PE, is based in our West Palm Beach
office, 20 minutes from the City's office. Additional support would come from our Cocoa Beach
and Gainesville offices as necessary.
Our team members are accustomed to working on projects all over the state of Florida,
Southeastern United States, the Bahamas, and the Caribbean. We can respond to multiple
project requests simultaneously, and can complete large tasks quickly by directing as many staff
to the project as needed. Our in-house capabilities include environmental permitting, surveying,
waterfront planning, structural engineering, and water resources modeling and evaluations.
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 02 1-12 10-07/C}D
Florida Profit
APPLIED TECHNOLOGY AND MANAGEMENT, INC.
PRINCIPAL ADDRESS
c/o ISLAND CAPITAL GROUP LLC
717 5 AVE
NEW YORK NY 10022 US
Changed 12/13/2005
MAILING ADDRESS
C/O ISLAND CAPITAL GROUP LLC
717 5 AVE
NEW YORK NY 10022 US
Changed 12/1312005
Document Number
G93359
FEI Number
592413268
Date Filed
03/2711984
State
FL
Status
ACTIVE
Effective Date
NONE
Last Event
AMENDED AND
RESTATED ARTICLES
Event Date Filed
12/1312005
Event Effective Date
NONE
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 02 1-12 10-07/CjD
ST..\TE lW FLOHlIH
BO.\lIlJ"F I'H"FE~SI"N.\L ENCINEEIIS
2507 Callaway Rd. Suite 200
Tallahassee. FL 32303-5268
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AUDIT NO.: 0507- 001783 CERTIFICATE OF AUTHORIZATION NUMBER: 4669
EXPIRATION: 28-FEB-07
DISPLAY AS REQUIRED BY LAW
Fact Finding and Evaluation Study
of the South Lake Worth (Boynton) Inlet
RFQ# 02 1-12 10-07/C}D
.. 997-01777
STATE OF FLORIDA
PALM BEACH COUNTY
OCCUPATIONAL UCENSE
EXPIRES: SEPTEMBER - 30 - 2007
OS-OIZ
CLASSIFICATION
APPLIED TECHNOLOGY & MGMT INC
APPLIED TECHNOLOGY MGMT INC
.. LOCATED AT
400 AUSTRALIAN AVE 1855
WEST PALM BEACH FL 33401-5004
CNTY
$33.00
TOTAL $33.00
Is hereby licensed at aboYe address for the parlod beglmlng on the
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engage In the business, prolasslon or occupaUon of:
ENGINEER BUSINESS
EB0004669
THIS IS NOT A BILL - DO NOT PAY
PAID. PBC TAX COLLECTOR
$33.00 OCC 049 05Z168 09-Z7-Z006
Peter H. Carney
TAX COLLECTOR, PALM BEACH COUNTY
THIS LICENSE VALID ONLY WHEN RECEIPTED BY
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RFQ# 02 1-12 10-07/C}O
3. References
Indian River County Florida, Beach Nourishment Project - ongoing
Jonathan C. Gorham, Ph.D.
Coastal Resource Manager
Indian River County
1840 25th Street
Vero Beach, FL 32960-3365
(772) 567-8000 x1568
Town of Palm Beach, Florida, Beach Restoration, Design and Implementation - 2006
Town of Palm Beach Feasibility Studies
Ms. Sandra Tate
Department of Public Works
Town of Palm Beach
951 Old Okeechobee Road, Suite A
West Palm Beach, FL 33401
(561) 227-7026
South Lake Worth Lagoon Seagrass Monitoring
Ben Harkanson
Palm Beach County ERM
2300 N. Jog Road, 4th Floor
West Palm Beach, FL 33411
(561) 233-2514
Manatee Pocket Dredging Project, Martin County, Florida - 2005
Kathy Fitzpatrick P.E.
Martin County
2401 SE Monterey Road
Stuart, FL 34996
(772) 288-5429
(iNV/MKT/V017-116 Volu,~ia Co. Coastal
Fact Finding and E.valuation Study of the
South Lake Worth (Boynton) Inlet
RFQ # 021-1210-07/C}O
4. Previous Lawsuits
A TM has not been involved in any legal disputes or claims in the last 2 years.
Fact Finding and Evaluation Study of the
South Lake Worth (Boynton) Inlet
RFQ # 02 1-12 10-07/C}O
5. Approach and Schedule
Technical Approach
The following provides a brief overview of the approach A TM would propose for execution of
this study. This approach is based on experience with similar studies and our understanding of
the required scope and project area.
1. Compile/review Existing Data Sources. A considerable amount of existing information is
available regarding the inlet, Lake Worth Lagoon and associated area, much of which has been
compiled by A TM for previous efforts. Under this task this information will be collected,
reviewed and assessed to provide a baseline understanding of the issues related to the inlet
and existing/historic conditions. Specific elements that will be addressed within this task
include:
Previous Studies- The inlet history is fairly well documented and much of this information is
readily available through federal, state and county resources. A number of studies are included
within the ATM-WPB existing working library.
Bathymetry/Profile Data- Historic and recent bathymetry within the vicinity of the inlet is readily
available through various sources including: USACE, NOS, FIND, SFWMD, FDEP and PBC-
ERM. Shoreline data, erosion/accretion trends and inlet bypassing volumes are developed by
the County in support of the Ocean ridge Beach Nourishment project and are available. Much
of this data is included within existing ATM working databases.
Aerial Photography- Historic Aerial photography of the area is available through PBC-ERM.
High quality, rectified aerial photography of the Lake Worth lagoon has been collected by PBC-
ERM for the past five years. This data is within existing A TM databases.
Seagrass - Comprehensive modeling of Lake Worth Lagoon Seagrasses has been conducted
since 2000. This work was conducted by A TM for PBC-ERM and as such the data is readily
available for this study. ATM is contracted to conduct additional seagrass monitoring efforts for
PBC-ERM through 2007. This database should provide an adequate baseline data set for the
assessment of seagrass resources within the vicinity of the project. Use of the County's
database in support of this project will result in a significant cost and time savings to the project.
It is also worth noting that a high degree of variability naturally occurs within seagrass habitat
and multiple year data is required for a reasonable assessment. Seagrass monitoring is also
limited by time of year and must be conducted within the May through August timeframe.
Meteorological Data- Meteorological data is readily available from a number of sources
including NOAA and SFWMD. Data specific to seagrass issues has been compiled by A TM as
part of the existing seagrass monitoring studies.
5. Approach and Schedule
Water Quality Data- Limited water quality data has been collected within the South Lake Worth
Lagoon area. Key parameters include dissolved oxygen (DO), nutrient concentrations and
turbidity (light penetration). In addition, flow rates for input canals are available from the
SFWMD.
Wave Data - Hindcast wave data is readily available for the area. ATM has reviewed and
compiled this existing data in support of modeling studies for Lake Worth Inlet. This data is
readily applicable and available for this study.
Boating Related Data- A number of existing data sources are available to support this project
including both public and A TM proprietary databases. A TM has a significant database of
existing boating trends, usage patterns and marine related information from previous studies.
Accident Data- Boating accident data is available from a number of sources including the FWCC
and USCG Office of Boating Safety. Additional data is available from FDLE sources. Incident
specific information is available through local media sources.
2. Supplement Existing Data Sources. Additional data collection will be required to supplement
available data sources. This effort will focus on verifying existing data and filling in gaps in this
data. The intent of this effort is to provide a comprehensive assessment of existing conditions.
In addition, data is required to calibrate and verify results of the numerical models. Key items
within this task include:
Bathymetry - Recent oceanside data is available to support this project. Some interior recent
depth data is also likely available. Additional data will be required to supplement data gaps
within interior lagoon areas. This effort will focus on data required for the modeling analysis.
Water Quality- additional water quality data will be required primarily to support calibration and
model QA/QC efforts. This effort would likely be combined with other field data collection
efforts.
Current/Water Level Data- additional data is required for model calibration and model QA/QC
efforts. This effort would likely require the deployment of a number of fixed instrumentation
gauges within the study area.
Boating Stakeholder Input - Site-specific information will be solicited from available local
sources including the Marine Industries Association (MIA) (ATM is an active member of this
organization), local captains and marina facilities.
3. Baseline Modeling - A comprehensive inlet model will be developed based on the baseline
data developed within Tasks 1 and 2. Key elements of the comprehensive model include:
3a. Hydrodynamic Modeling - This will produce estimates of water level, flow velocity
and water mass transport throughout the area due to the influence of tides, winds,
waves and canal inputs.
2
5. Approach and Schedule
3b. Water Quality - Estimates of water quality including the two key parameters
dissolved oxygen (DO) and salinity will be determined using the model developed in 3a
as a basis.
3c. Wave Modeling - Estimates of the wave climate in the vicinity of the inlet will be
determined through the application of a Boussinesq type wave model. Such a model is
capable of resolving complex wave behavior including wave refraction, diffraction,
breaking and wave-current interaction.
3d. Sediment Transport - Using the wave and current models as input, estimates of
sediment transport in the vicinity of the inlet will be calculated.
3e. Inlet Stability Assessments - Based on model results, estimates of total tidal prism
and inlet stability will be developed. In addition, the influence of tidal prism on ebb tidal
shoal equilibrium volume will be examined.
4. Alternatives Analysis and Impact Assessment - Task 3 will result in a comprehensive model
of existing physical processes in the vicinity of the inlet. Within Task 4 various changes in inlet
orientation, dimension and shape will be investigated to determine the impacts of each change
on the parameters defined within the complex model system. The study will focus on changes
that result in net improvements in water quality and inlet navigability/safety. Key alternatives will
be identified for further consideration and evaluation.
5. Engineering and Regulatory Feasibility Assessment - Task 4 will identify alternatives that will
in principle result in net improvements to the inlet. Additional effort is required to determine
whether the alternatives identified are feasible. Additional feasibility level efforts will include:
5a. Engineering Feasibility - This effort will evaluate the engineering feasibility of each
alternative, including construction approach, key construction elements, phasing and
order of magnitude costs. This task will also address infrastructure issues associated
with the inlet, adjacent properties and the SR A 1 A bridge span.
5b. Regulatory Feasibility -This effort will evaluate the feasibility of the proposed
alternatives in terms of the multiple permitting and regulatory constraints on the project.
This effort will include a proactive consensus-building approach with the intent to
establish broad based multi-agency support for the project.
5c. Funding Framework -This effort will assess the potential for funding support for the
project and the constraints associated with this potential funding. Funding support may
be available from various entities including the Florida Inland Navigation District (FIND),
SFWMD, USACE, Florida Boater Improvement Program, Palm Beach County, NOAA
and FDEP.
5d. Cost/Benefit Analysis - An assessment of the relative costs and benefits of each
alternative will be developed. This analysis will include assessments of environmental
and socioeconomic impacts throughout the lagoon system.
3
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Submit RFQ's To:
Uploaded Date:
RFQ Title:
RFQ Number:
RFQ Received By:
TIME)
QUALIFIER ACKNOWLEDGEMENT
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
October 26, 2006
"FACT FINDING AND EVALUATION STUDY OF THE SOUTH
LAKE WORTH (BOYNTON) INLET"
#021-1210-07/CJD
NOVEMBER 29, 2006, NO LATER THAN 2:30 P.M. (LOCAL
RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date
and time is scheduled for: NOVEMBER 29,2006, NO LATER THAN 2:30 P.M. (LOCAL
TIME) and may not be withdrawn within ninety (90) days after such date and time.
All awards made as a result of this RFQ shall conform to applicable sections of the charter and
codes ofthe City.
Name of Vendor:
Applied Technoloqv & Manaqement. Inc. (ATM)
Federal J.D. Number: 59-2413268
A Corporation ofthe State of:
Florida
Area Code: 561 Telephone Number: 659-0041
Area Code: 561 FAX Number: 659-3733
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
400 S. Australian Avenue. Suite 855
West Palm Beach. FL 33401-5045
November 29.2006
,.--.
fv--/ Iv--z-
Authorized Signature
Michael G. Jenkins. PhD. PE
Name Typed
THIS PAGE TO BE SUBMITTED ALONGWITH RESPONSE
ADDENDA
CITY OF BOYNTON BEACH
FLORIDA
RFQ TITLE: FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE
WORTH (BOYNTON) INLET
QUALIFIER: A TM
DATE SUBMITTED: November 29. 2006
We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach,
in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
Michael G. Jenkins. PhD. PE, Proiect Manaqer
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work ofthis Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM
DATE
ADDENDUM
DATE
THIS PAGE MUST BE SUBMITTED ALONGWITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
STATEMENT OF QUALIFICATIONS
Each qualifier proposing on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each RFQ document. Failure to comply with this
instruction may be regarded as justification for rejecting the RFQ response.
* attach additional sheets giving the information
1. Name of Qualifier: A TM
2. Business Address: 2770 NW 43 Street. Suite B Gainesville. FL 32606
3. When Organized: 1984
4. Where Incorporated: Florida
5. How many years have you been engaged in business under the present firm name?
22 years
6. General character of work performed by your company.
ATM provides environmental enoineerinq. coastal enoineerinq, water resources
services. and marina and waterfront development. Our services include: complex
environmental and development issues in oceans. waterways. and alonq the shoreline.
From the development of innovative dredoed material manaoement solutions. assessinQ
the hydraulics and hydrodynamics of water bodies. desiqninq the nourishment of
depleted beaches. and plannino & permiUino waterfront developments.
7. Enclose evidence of possession of required licenses and/or business permits.
Information incuded with this Submission
8.
Number of employees.
More than 100 (14 in the West Palm Office)
9. Background and experience of principal members of your personnel, including officers. *
Information included with this Submission.
10.
Bonding capacity.
Never required. so capacity has not been determined.
11.
Have you ever defaulted on a contract? If so, where and why?*
No
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE
PRINCIPAL PERSONNEL INCLUDING OFFICERS
NAMEITITLE DEGREE BACKGROUND YEARS OF
EXPERIENCE
Ed Modzelewski, MS Environmental 33
Chairman Sciences
Thomas ME Agricultural 22
Schanze, PE, Engineering
President and
CEO
Sam Phlegar, MS Coastal & 21
PE, Senior Vice Oceanographic
President Engineering
Jack "Bo" Ellis, MS Environmental 23
PE, Vice Engineering
President
Stephen Swann, ME Environmental 17
PE, Vice Engineering
President
Dawn Petrella, BS Accounting 21
CPA, Chief
Financial Officer
Anthony BS Engineering 27
Maglione, Vice Technology
President
Steven Peene, Coastal &
PhD, Secretary PhD Oceanographic 14
Engineering
Mike Jenkins, PhD Ocean Engineering 16
PhD,PE
Tim P. Mason, Coastal &
Sr. Coastal ME Oceanographic 16
Engineer Engineering
Danny Mechanical
Mendelsohn, NE ME Engineering & 21
Regional Director Applied Mechanics
Carter H. Belvin, Environmental
PE,Sr. BS Engineering 12
Environmental
Engineer
Robert W. Agricultural
Burleson, PE Sr. ME Engineering 19
Engineer
Angela B. Bryan, Environmental
PE BS Engineering 6
Environmental
Enoineer
STATEMENT OF QUALIFICATIONS continued......
12. Experience in performance of work similar in importance to this project.
Project $ Value Contact Name Phone #
Indian River County $1.5 Mil
Jonathan Gorham
TOPB Coastal
$1.1 Mil
Sandra Tate
(772)567-8000 x1568
(561)227-7026
SL W Seagrass
$200k
Ben Harkanson
(561) 233-2514
(772) 288-5429
Manatee Pocket
$45,000
Kathy Fitzpatrick
13. Contracts on hand. * (See Table Provided)
14. Largest completed projects (include final cost).
1) Indian River Comprehensive Coastal Services $1.5 Mil.
2) Town of Palm Beach Comprehensive Coastal Services $1.1 Mil.
3) Mason Inlet Relocation $900 K.
15. List all lawsuits (related to similar projects) or arbitration to which you have been a party
and which: * None
1) arose from performance: *
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at:
Vvcb~
~A\~
this 1-1 Yr-day of Iv 6~ ~r
20 c6
--
By: /~~
(written signature)
Name: ;hX/1--~e\ f-. J.f"t,\\\
(printed or typed)
~
Title: Cot\~-h.1 E~\e.er\v) T€o~ L-vJ-v
Active Coastal Projects as of 11.27.06
Owning Client Name Project Name Remianing labor
Org Budaet
4110 City Marina 99155 Charleston City Mari 900.00
4110 Columbus Consolidated Government 98102 Oxbow II 2,000.00
1710 1100 West Properties, LLC 61355 SEAGRASS & AQUATIC R 24,925.00
1710 Sonographics, Inc. 61223 Sebastian Inlet Surv 12,473.25
2210 Peters Creek, LLC 01-525 Jacksonville Misc. Svs. 500.00
1610 Town of Palm Beach 1506 Palm Beach Reach 5 F 3,000.00
1610 Town of Palm Beach 1514 PALM BEACH REACH 8 F 3,700,00
1610 Indian River County 3719 IRC MITIGATION/PHYSI 2,500.00
1610 Applied International Holdings, LTD. 4923 TRELLIS BAY ESTATES 25,000.00
1610 Martin County 51013 MARTIN COUNTY DREDGI 2,900.00
1610 Town of Palm Beach 51023 TOWN OF PALM BEACH 0 250.00
1610 Chub Cay Club Associates, LTD. 51033 BS Chub Cay Waterfro 25,000.00
1610 Indian River County 51064 MANA TEE POCKET DREDG 8,700.00
1610 Islands by Design 51112 GOLD ROCK CREEK ENGI -
1610 The St. Joe Company 51121 NORTH WEST FLORIDA - 23,000.00
1610 Whale Cay Group 51128 WHALE CAY FEASIBILlT 48,000.00
1610 Indian River County 51145 IRC - SECTORS 1 & 2 10,400.00
1610 Indian River County 51146 IRC SECTOR 7 PRE-CON -
1610 Ed Barber & Associates 51191 BATHYMETRIC SURVEYS- -
1610 Ministry of Works & Utlilies 61225 BIMINI SOUTH FERRY L -
1610 Islands by Design 61242 NORWEGIAN CRUISE L1N 49,500.00
1610 RA V Bahamas L TO 61248 BS Bimini Bay Resort 16,300.00
1610 Indian River County 61254 SECTORS 1 & 2 BIOLOG 500,00
1610 RHS Ventures 61266 SOUTH OCEAN 9,750.00
1610 EDSA 61291 WEST CAICOS COMMERCI 18,200.00
1610 Palm Beach County 61309 LAKE WORTH LAGOOD SE 5,500.00
1610 Urgo Hotels 61321 URGO HOTELS, GOVERNO 5,700.00
1610 Indian River County 61331 WO 2 - AMBERSAND BIO 25,000.00
1610 Indian River County 61332 WO 3 - SECTOR 7 BIOL 4,000.00
1610 Esmeralda Conseptions 61342 ESMERALDA PENINSULA, 7,700,00
1610 Indian River County 61353 IRC MITIGATION REEF 2,840.00
1610 The Ginn com pay 61378 BS WEP COASTAL DESIG 144,000,00
1610 Nexus R.D. SA 61380 DO Samana Survey & 0 19,000.00
1610 Ocean World 61383 DO OCEAN WORLD WAVE 19,000.00
1610 Ariel Sands, LTD. 61639 BM - ARIEL SANDS EIS 7,300.00
527,538.25
ANTI-KICKBACK AFFIDA VIT
STATE OF FLORIDA
)
: SS
)
COUNTY OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: ~,/'2 ~
NAME .:: SIGNATURE
Sworn and subscribed before me
this 28th day of November
,2006
Printed Information:
f!\)u\'t<e1 u-, -) e^ ~\~ \
NAME
~ tl\~\\\e~r))-) J&^" Le.ok
TITLE
~.AI.%
NOTA P LIC, State Florida
at Large
~y~~
R~"
. .
'" <or
~Off\.O~
Notary Public State of Florida
Judl' H Oyler
My CommiSSion DD562368
Expires 06/11/2010
Applied Technology & Management, Inc.
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NON COLLUSION AFFIDAVIT OF PRIME QUALIFIER
State of Florida
)
County of Palm Beach
)
Michael G. Jenkins. PhD. PE
, being first duly sworn, deposes and says that:
1) He is Coastal Team Leader of
(Title)
has submitted the attached RFQ:
A TM , the qualifier that
(Name of Corporation or Firm)
2) He is fully informed respecting the preparation and contents of the attached submittal and of
all pertinent circumstances respecting such submittal;
3) Said RFQ is genuine and is not a collusive or sham RFQ;
4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a
collusive or sham RFQ in connection with the Contract for which the attached RFP has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any
other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ
price of any other qualifier, or to secure through any collusion, conspiracy, connivance or
unlawful agreement any advantage against the City of Bovnton Beach (Local
Public Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed) ~ 19 - A------
(Title) Coastal Team Leader
Subscribed and sworn to before me
This 28th day of November
20 06
'-
My commission expires June 11, 2010
o"~Y .It~ Notary Public State of Florida
~J ": Judy H Oyler
,~/ My Commission 00562368
~Of'" Expires 06111/2010
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CONFIRMATION OF MINORITY OWNED BUSINESS
Not applicable. ATM is a larae business.
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your submittal sheet making it an official part of your RFQ response.
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
o OTHER
( specify)
Do you possess a Certification qualifying your business as a "Minority Owned Business"?
YES NO
If YES, name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONGWITH RESPONSE
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE SUB MITT ALS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more submittals which are equal with respect to price, quality, and service are received by the
City of Boynton Beach or by any political subdivision for the procurement of commodities or
contractual services, a submittal received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie submittals will be followed if none of the tied vendors have a drug-
free workplace program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under submittal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under submittal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than 5 days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements. _
~
Vendor's Signature
~
THIS PAGE TO BE SUBMITTED ALONGWITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
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VI.-CONSENT AGENDA
ITEM B.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
C"')
;:::::.:;
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RECOMMENDATION: A motion to multi-award by manufacturer with primary, secondary, third, and some fou71h
place vendors, Bid no. 026-1412-07/CJD "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK
PARTS AND ACCESSORIES" to the lowest, most responsive and responsible bidder. The evaluating factors used
were price, availability, delivery time and warehouse processing time. This year's estimated expenditure will be
$95.000.00.
January 22, 2007
D
IZI March 5, 2007
D
D
February 12,2007 (Noon)
D December 5, 2006
D
D
o
November 20,2006 (Noon.)
January 2, 2007
December 18,2006 (Noon)
January 16, 2007
January 2, 2007 (Noon)
March 20, 2007
March 5, 2007 (Noon)
February 13, 2007
April 3,2007
March 19,2007 (Noon)
C::)
.....}
M
Co
Consent Agenda
D
D
D
D
D
New Business
Announcements/Presentations
City Manager's Report
NATURE OF
AGENDA ITEM
o
D
IZI
D
D
Administrative
Code Compliance & Legal Settlements
Public Hearing
Legal
Unfinished Business
CONTRACT PERIOD: MARCH 6, 2007 TO MARCH 5, 2008
EXPLANATION: On December 20, 2006, Procurement Services received six (6) proposals for the referenced bid. It
is recommended to award this bid to all proposers as primary, secondary, third, and fourth vendors. The evaluation
factors used in determining the award based on price, delivery time, and warehouse processing time using their
"percentage off list" discount as proposed in their bid.
The provisions of this bid award will allow for a one (I) year extension at the same terms, conditions, and prices
subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of
the City.
PROGRAM IMPACT: The purpose of this bid is to secure a source for the supply of automotive and small truck
parts/supplies to be inventoried in our warehouse and ordered on an "as needed basis" for our Fleet Maintenance
Department.
FISCAL IMP ACT: INVENTORY ACCOUNT:
502-00-141-00-0
as $90,000.00
ESTIMATED EXPENDITURE:
~o~ _
C~ity Manager's SignJ,tme ();rL
( fA
City Attome / Finance
Procurement Services
Department Name
C: Michael Dauta - Warehouse Manager
File
The City of
Boynton Beach
.......~~
...,._-"........;-~--.
~
. ""
TO:
FROM:
Finance Department
WAREHOUSE DIVISION
Bobby Jenkins, Assistant Director ofFinan~i~)
Michael Dauta, Warehouse Manager /
January 17,2007
SUBJECT: Automotive Parts and Accessories Bid # 026-l412-07/CJD
DA TE:
I have reviewed the tabulation sheet sent from your office. Please go to
commission to approve this bid. The evaluating factors used were price, availability,
delivery time and warehouse processing time. My recommendation is a multi award by
vendor with primary, secondary, third and in some cases fourth vendors. Last year's
expenditures totaled $90,000. This year's estimated expenditures will be $95,000.
Enl!ine Parts
Ford Cars
Ford Trucks
Buick Cars
Primary Bennett Auto Supply 60% off list
Secondary Napa Auto Parts 55% off list
Third Total Truck Parts 25% off list
Primary Bennett Auto Supply 60% off list
Secondary Napa Auto Parts 55% off list
Third Total Truck Parts 25% off list
Primary Bennett Auto Supply 60% off list
Secondary Napa Auto Parts 55% offlist
Third General GMC 25% off list
Third Maroone Chevrolet 25% off list
Third Total Truck Parts 25% off list
Chevrolet Cars Primary Bennett Auto Supply 60% offlist
Secondary Napa Auto Parts 55% off list
Third General GMC 25% off list
Third Maroone Chevrolet 25% offlist
Third Total Truck Parts 25% off list
Chevrolet Trucks Primary Bennett Auto Supply 60% off list
Secondary Napa Auto Parts 55% off list
Third General GMC 25% offlist
Third Maroone Chevrolet 25% offlist
Third Total Truck Parts 25% off list
Dodge Cars Primary Bennett Auto Supply 60% off list
Secondary Napa Auto Parts 55% offlist
Third Total Truck Parts 25% offlist
Dodge Trucks Primary Bennett Auto Supply 60% off list
Secondary Napa Auto Parts 55% offlist
Third Total Truck Parts 25% off list
Saturn Vehicles Primary Bennett Auto Supply 60% off list
Secondary Napa Auto Parts 55% off list
Third Total Truck Parts 25% off list
Brake Systems
Ford Cars Primary Bennett Auto Supply 65% offlist
Secondary Napa Auto Parts 50% offlist
Third Total Truck Parts 25% offlist
Ford Trucks Primary Bennett Auto Supply 65% offlist
Secondary Napa Auto Parts 50% offlist
Third Total Truck Parts 25% offlist
Buick Cars Primary Bennett Auto Supply 65% offlist
Secondary Napa Auto Parts 50% off list
Third General GMC 25% offlist
Third Maroone Chevrolet 25% offlist
Third Total Truck Parts 25% offlist
Chevrolet Cars Primary Bennett Auto Supply 65% offlist
Secondary Napa Auto Parts 50% off list
Third General GMC 25% off list
Third Maroone Chevrolet 25% off list
Third Total Truck Parts 25% off list
Chevrolet Trucks Primary Bennett Auto Supply 65% off list
Secondary Napa Auto Parts 50% off list
Third General GMC 25% off list
Third Maroone Chevrolet 25% off list
Third Total Truck Parts 25% off list
Dodge Cars Primary Bennett Auto Supply 65% off list
Secondary Napa Auto Parts 50% off list
Third Total Truck Parts 25% off list
Saturn Vehicles Primary Bennett Auto Supply 65% off list
Secondary Napa Auto Parts 50% off list
Third Total Truck Parts 25% off list
Chassis & Suspension
Ford Cars Primary Bennett Auto Supply 60% off list
Primary Napa Auto Parts 60% off list
Secondary Total Truck Parts 25% off list
Ford Trucks Primary Bennett Auto Supply 60% off list
Primary Napa Auto Parts 60% off list
Secondary Total Truck Parts 25% off list
Buick Cars Primary Bennett Auto Supply 60% off list
Primary Napa Auto Parts 60% off list
Secondary General GMC 25% off list
Secondary Maroone Chevrolet 25% off list
Secondary Total Truck Parts 25% off list
Chevrolet Cars Primary Napa Auto Parts 60% off list
Chevrolet Trucks Primary Napa Auto Parts 60% off list
Dodge Cars Primary Bennett Auto Supply 60% off list
Primary Napa Auto Parts 60% off list
Secondary Total Truck Parts 25% off list
Dodge Trucks Primary Bennett Auto Supply 60% off list
Primary Napa Auto Parts 60% off list
Secondary Total Truck Parts 25% off list
Saturn Vehicles Primary Bennett Auto Supply 60% off list
Primary Napa Auto Parts 60% off list
Secondary Total Truck Parts 25% off list
Miscellaneous
Filters Primary VMP 79% off list
Secondary Bennett Auto Supply 78% off list
Third Napa Auto Parts 75% offlist
Fourth General GMC 25% off list
Fourth Total Truck Parts 25% offlist
Wipers Primary VMP 68 -71 % off list
Secondary Bennett Auto Supply 70% offlist
Third Napa Auto Parts 60% offlist
Fourth General GMC 25% offlist
Fourth Total Truck Parts 25% off list
Bulbs & Headlights Primary VMP 76 - 83% offlist
Secondary Napa Auto Parts 65% offlist
Third Bennett Auto Supply 52% off list
Fourth General GMC 25% offlist
Fourth Total Truck Parts 25% off list
Washer Fluid Primary Bennett Auto Supply 52% off list
Secondary General GMC 25% off list
Secondary Total Truck Parts 25% off list
Third Napa Auto Parts 10% offlist
Brake Clean Primary Bennett Auto Supply 52% off list
Secondary Napa Auto Parts 25% off list
Secondary General GMC 25% off list
Secondary Total Truck Parts 25% off list
Batteries Primary Napa Auto Parts 55% off list
Secondary Bennett Auto Supply 40% off list
Third General GMC 25% off list
Third Total Truck Parts 25% off list
If you have any questions please contact me at 6324. Thank you.
CC: Bill Mummert, Director of Finance
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][TEM 8.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
Requested City Commission Date Final Form Must be Tumed Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 5, 2006 November 20,2006 (Noon) 0
0 January 2, 2007 December 18, 2006 (Noon) [ZJ March 5, 2007
0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007
0 February 13,2007 January 22, 2007 0 April 3, 2007
Date Final Form Must be Tumed
in to City Clerk's Office
February 12, 2007 (Noon)
March 5, 2007 (Noon)
o
March 19,2007 (Noorr;J
..."
/"Tl
CO
0 Announcements/Presenta tions 0 City Manager's Report N
NATURE OF 0 Administrative 0 New Business >
AGENDA ITEM [ZJ :J:
Consent Agenda 0 Legal S?
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0 CO
("")
,,::j
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.....
RECOMMENDATION: A motion to award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION
INHIBITORS", Bid #019-2821-07/JA, to Shannon Chemicals, of Malvern Pennsylvania for an estimated annual
expenditure of $45,000.00
EXPLANATION: On November 21, 2006, Procurement Services opened and tabulated four (4) proposals. While
reviewing the proposals, it was noticed that N alco did not offer both of the specific products needed for each plant.
Calciquest offered a price for zinc orthophosphate formula, instead of the polyphosph~lte product. Utilities
department recommends (see attached memo #07-03) awarding the bid to Shannon Chemicals as the lowest, most
responsive, responsible bidder who meets all specifications.
PROGRAM IMP ACT: The purpose of this bid is to obtain a firm price for a one (1) Yl~ar period for the "ANNUAL
BID FOR POL YPHOSPHA TE TYPE CORROSION INHIBITORS".
The provision of this bid will allow for a one year extension at the same terms, conditions, and prices subject to vendor
acceptance, satisfactory performance and determination that the renewal is in the best interest of the City.
FISCAL IMPACT:
ACCOUNT
NUMBER:
401-2811-536-52-35
ESTIMATED
ANNUAL, EXPENDITURE:
$45,000.00
2005/2006 Expenditure $26,000.00; The reason for the large increase is due to the Health Department's (HRSIDEP)
new requirement of keeping a higher residual of phosphate in the distribution system. To accomplish this, the West
Water Plant has to use 50% more phosphate per day to meet this requirement.
AL TERNA TIVES: The corrosion inhibitor shall stabilize carbonates and hold copper, lead and iron from entering
into the water system pipes, joints, etc.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
-;6~-:J~
/1
Deputy Dir 0 Fipa'ncial SerVIces
CITY OF BOYNTON BEACH
AGENDA ITEl\1 REQUEST FORl\1
j
i(j1~
City Manager's Signature
Procurement Services
Cc: Dave Ailstock - Utilities, WWTP, Chief Operator
Michael Low - Utilities, Deputy Director
Barbara Conboy - Utilities, ,Administrator Manager
Melvin Pinkney - Utilities, EWTP, Lead Operator
File
S'BULLETrN\FORMS\AGENDA ITEM REQUEST FORM DOC
Memorandum
Utilities # 07-03
From:
Bobby Jenkins
Assistant Director of Financial Services
Kofi Boateng V Co . r:~ -=:;;::::- ~ / 1;-
Utilities Director f'\x;t- '~v,::~~-,,=,- \"J-~-'-\.
~J _J
To:
Date:
January 4, 2007
Subject:
Polyphosphate Corrosion Inhibitor
Bid Number 019-2821-07/JA
Polyphosphate corrosion inhibitor is used at both water treatment plants for
stabilizing the water in the distribution system. These products are not generic in
nature and are specifically formulated for each individual water treatment plant.
The current bid with Sweetwater Technologies to purchase these products has
expired and can no longer be extended.
Financial Services accepted bids (Bid # 019-2821-07-07/JA) for these corrosion
inhibitor products on November 21st, 2006 when bids were opened.
While reviewing the bids, it was noticed that Nalco did not offer both of the
specific products needed for each water plant. Calciquest offered a bid for a zinc
orthophosphate formula, instead of the polyphosphate product.
We were able to determine the actual price per pound to make a fair comparison
between these products. Based upon this data, we have concluded that Shannon
Chemical has the lowest overall price for the products needed for both water
treatment plants. Using Shannon Chemical will also give us the convenience of
only having to deal with one company for both products.
We recommend awarding the polyphosphate corrosion inhibitor bid to Shannon
Chemical for both the East and West Water Treatment Plants. The East plant will
use dry polyphosphate in fifty-pound bags for their chemical feeder. The West
water plant will use liquid polyphosphate delivered in fifty-five gallon drum
containers.
We estimate our polyphosphate usage as follows:
· 26,280 pounds of dry polyphosphate at a cost of $19,447.20 (EWTP)
· 40,004 pounds of liquid polyphosphate at a cost of $22,802.28 (WWTP)
We have had excellent service with Shannon Chemical in the past and their
products have worked as expected.
Please place this item on the next city commission agenda to approve the bid for
$45,000 dollars for polyphosphate to Shannon Chemical Company. These funds
are available in account number 401-2811-536-5235 in the 2006/2007 budgets.
If you have any questions, please contact Michael Low at 742-6403 or Dave
Ailstock at 742-6953.
Attachments
bc: Dave Ailstock
xc: Michael Low
Barbara Conboy
Melvin Pinkney
File
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BOb~4s,
ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS
Kofi Boateng, Utilities uirector
BID OPENING DATE: NOVEMBER 21,2006
BID OPENING TIME: 2:30 P.M.
BID # 019-2821-07/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS
CALCIQUEST, INC.
181 WOODLAWN AVE.
BELMONT, N.C. 28012
PH: (704) 822-1441
FAX: (704) 822-0922
CONTACT: CRAIG PRINCIPI
NALCO COMPANY
1601 WEST DIEHL ROAD
NAPERVI LLE, I L 60563-1198
PH: (630) 305-2177
FAX:
CONTACT: RICK ST. JULES
SHANNON CHEMICAL CORP.
P.O. BOX 376
MALVERN, PA 19355
PH: 610-363-9090
FAX: 610-514-6050
CONTACT: DANIEL C. FLYNN
RECOMMENDED DOSE FOR OPTIMUM
CORROSION CONTROL & SEQUESTRATION
0.5MG
NOBID
ANTICIPATED WEIGHT PER MILLION
GALLONS OF TREATED WATER
4.173 LB PER MILLION GALL.
NOBID
UNIT PRICE PER MILLION GALLONS
$4.59
NOBID
ANNUAL PRICE (BASED ON 6 MGD)
$10,052.10
NO BID
PRODUCT BRAND
1.4 mg
121bs
$8.84 .737/# 12#
$19,359.60
CALCIQUEST DRY 5050
NO BID
RECOMMENDED DOSE FOR OPTIMUM
CORROSION CONTROL & SEQUESTRATION
0.463
1.5 gallons
ANTICIPATED WEIGHT PER MILLION
GALLONS OF TREATED WATER
5
17
UNIT PRICE PER MILLION GALLONS
$2.824
$9.299
ANNUAL PRICE (BASED ON 8 MGD)
$8,246.08
$27,153.08
PRODUCT BRAND
CALCIQUEST ZINK 1037
NALCO C-31
Polyphosphate Inhibitors '06.xls
1 .2 gallons
13.71bs
$7.8613.7 @.574/#
$22,951.20
SLI - 5225
Page 1
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ANNUAL SUPPLY OF POL YPHOSPHATE TYPE CORROSION INHIBITORS
BID OPENING DATE: NOVEMBER 21,2006
BID OPENING TIME: 2:30 P.M.
BID # 019-2821-07/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS CALCIOUEST, INC. NALCO COMPANY SHANNON CHEMICAL CORP.
181 WOODLAWN AVE. 1601 WEST DIEHL ROAD P.O. BOX 376
BELMONT, N.C. 28012 NAPERVILLE,IL 60563-1198 MALVERN, PA 19355
PH: (704) 822-1441 PH: (630) 305-2177 PH: 610-363-9090
FAX: (704) 822-0922 FAX: FAX: 610-514-6050
AT LEAST ONE REFERENCE OPERATES
A SYSTEM IN WHICH LIME AND MEMBRANE YES YES YES
SOFTENED WATER IS BLENDED
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
CONFIRMATION OF A MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A MINORITY YES/NA YES/NOT A MINORITY
OWNED BUSINESS OWNED BUSINESS
CONFIRMATION OF A DRUG-FREE
WORKPLACE SUBMITTED YES YES YES
COMMENTS Cashier's Check drawn on
Commerce Bank
Polyphosphate Inhibitors '06.xls
Page 3
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ANNUAL SUPPLY OF POL YPHOSPHATE TYPE CORROSION INHIBITORS
BID OPENING DATE: NOVEMBER 21,2006
BID OPENING TIME: 2:30 P.M.
BID # 019-2821-07/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
VENDORS SWEETWATER TECHNOLOGIES
P.O. BOX 602
COLUMBIA, TENNESSEE 38402
PH: 800-426-2428
FAX: 931- 540-1338
CONTACT: BEVERLY ROBINSON
CALENDAR DAYS FOR DELIVERY 7-10 DAYS
NUMBER OF BIDS SUBMITTED ONE
SPECIFICATION "CHECK OFF" SHEETS *YES
(PGS. 3-6) SUBMITTED
PRODUCT COMPOSITION SHEETS YES
SUBMITTED
PRODUCT SAMPLES SUBMITTED NO
REFERENCES FOR FIVE LIME SOFTENING YES
FACILITIES SUBMITTED
REFERENCES FOR FIVE MEMBRANE YES
SOFTENING FACILITIES SUBMITTED
AT LEAST ONE REFERENCE OPERATES YES
A SYSTEM IN WHICH LIME AND MEMBRANE
SOFTENED WATER IS BLENDED
ANTI-KICKBACK AFFIDAVIT SUBMITTED YES - TENNESSEE NOTARY
No Expiration Date
CONFIRMATION OF A MINORITY OWNED YES/NOT A MINORITY
BUSINESS SUBMITTED OWNED BUSINESS
Polyphosphate Inhibitors '06.xls
Page 2
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CITYOF Br- ~~TON BEACH
UTILITIES LJEPARTMENT
POL YPHOSPHA TE BID CALCULATIONS
PRICE PER POUND FORMULA
Price listed on bid
(divided by)
Pounds listed on bid
(equals)
Price per pound
DRY POL YPHOSPHATE LIQUID POL YPHOSPHATE
CalciQuest CalciQuest *
$4.59 Divided by 4.173 Equals $1.10 per pound $2.82 Divided by 5.00 Equals $0.56 per pound
Shannon Chemical Shannon Chemical
$8.84 Divided by 12.00 Equals $0.74 per pound $7.87 Divided by 13.70 Equals $0.57 per pound
Sweetwater Tech. Sweetwater Tech.
$8.57 Divided by 10.85 Equals $0.79 per pound $7.55 Divided by 13.00 Equals $0.58 per pound
Nalco Chemical * Nalco Chemical
No Bid $9.30 Divided by 17.00 Equals $0.55 per pound
*NOTE: Nalco chemical doesnot supply dry polyphosphate.
*NOTE: CalciQuest bid the wrong product for the liquid
We want to deal with only one company that provides both the dry and liquid with the best over all price is Shannon Chemical.
VI.-CONSENT AGENDA
ITEM C.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed 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 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December] 8, 2006 (Noon) C8J March 5,2007 February ]2,2007 (Noon)
0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM C8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve the City of Boynton Beach to enter into a five-year service and support
agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the city's public
access television station at no cost to the city for the first two (2) years of the contract. After the first two years, the city will
have the option to renew the contract on a yearly basis but in no case would the cost to the city exceed $500 per month.
EXPLANATION:
TVTN is a network of municipally owned and operated Public, Educational and Government (PEG) cable television channels.
TVTN provides municipalities with access to equipment, expertise and supplementary content that augments, but does not
replace locally produced programming. TVTN also aggregates these channels; making it easier to attract corporate
sponsorship funds by providing a single point of negotiation, distribution and invoicing. TVTN services are provided to
municipalities free of charge in exchange for allowing TVTN to broker the network to corporate and local sponsors. TVTN
account representatives will work with city staff to gather video, photos and copy. Their designers use that material to create
full motion video station !D's, various screen templates with photo backgrounds, and professional voice narration within a
unique customized program wheel designed specifically for our channel.
PROGRAM IMP ACT:
In an era when corporate consolidation is threatening media localism and advertising clutter is eroding effectiveness, TVTN
provides a truly local, clutter free television medium that benefits all parties.
FISCAL IMPACT: (Include Account Number where funds will come from)
The cost for the TelVue TVTN service to Boynton Beach is $12,000 in development cost and $500 per month maintenance
cost. During the first two years of the contract, there is no fee to Boynton Beach as TelVue will obtain local business
sponsors to offset these costs. At the end of the two years, the city will have the option to renew the contract on a yearly
basis, and the sponsors will continue to offset the costs to the city. If there are not sufficient sponsors, the city can either
assume the monthly maintenance (or partial maintenance) costs, but in no case would the cost to the city exceed $500 per
month. The city is not responsible for the $I2,000 development cost. Should the city not wish to assume the monthly
maintenance cost, we can cancel the service without penalty with a 90 day notification.
AL TERNA TIVES:
Do not enter into this service and support agreement. Purchase the necessary equipment to produce full motion video station
lD's, screen templates, photo backgrounds, and professional voice narration. This equipment will cost approximately
$45,000. City staff could approach sponsors on an individual basis.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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City anagers Stgnature
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Peter Wallace, Director
Information Technology Services
Assistant to City Manager
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Department Name
City Attorney I Finance
S\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
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RESOLUTION NO. R07 - 021
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A FIVE-YEAR ACCESS
CHANNEL SERVICE AND SUPPORT AGREEMENT
WITH TELVUE CORPORATION TO REMOTELY
ORGANIZE, UPDATE AND MAINTAIN THE CITY'S
PUBLIC ACCESS TELEVISION STATION AT NO COST
TO THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, TelVue (TVTN) is a network of municipally owned and operated
15
Public, Educational and Government cable television channels which provides municipalities
16
with access to equipment, expertise and supplementary content that augments, but does not
17
replace locally produced programming; and
18
WHEREAS, upon recommendation of staff, the City Commission has determined that it
19
is in the best interests of the residents of the City to approve and execute an Access Channel
20
Service and Support Agreement with TelVue Corporation to remotely organize, update and
21
maintain the City's public access television station at no cost to the City for the first two years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2.
The City Commission ofthe City of Boynton Beach, Florida, hereby
29 authorizes and directs the City Manager to execute a five -year Access Channel Service and
30 Support Agreement with TelVue Corporation to remotely organize, update and maintain the
S:\CA \RESO\Agreements\ T elVue .doc
1 City's public access television station at no cost to the City for the first two years, a copy of
2 said Agreement is attached hereto as Exhibit "A".
3
Section 3.
This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this _ day of March, 2007.
5
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7 CITY OF BOYNTON BEACH, FLORIDA
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10 Mayor - Jerry Taylor
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13 Vice Mayor - Jose Rodriguez
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16 Commissioner - Ronald Weiland
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19 Commissioner - Mack McCray
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22 Commissioner -- Carl McKoy
23 ATTEST:
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26 Janet Prainito, City Clerk
27
28 (City Seal)
29
S:\CA \RE SOlAgreements\ T elVue. doc
UVTN'"
TelVue Virtual
Television Networks
ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT
(Sponsorship)
This Access Channel Service and Support Agreement (Sponsorship) ("Agreement") is made and entered into as of
the __ day of _, 20_, by and between TelVue Corporation, a Delaware corporation with its principal place of
business at 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 ("TeIVue"), and City of Boynton Beach, a FL municipality
or school district, with its principal place of administration located at 100 East Boynton Beach Blvd., Boynton Beach, FL
33435 ("Customer").
WHEREAS,
A. TelVue has developed a proprietary system (the "System", as further defined herein) to assist
municipalities, school districts and others in remotely organizing, updating and maintaining the content of
their cable television access channel(s); and
B. Customer desires to have TelVue supply the System and its TelVue Virtual Television Network Service
(together, the "Services"), and TelVue desires to supply the Services to Customer at no charge to Customer for an
initial two (2)-year period; and
C. TelVue and Customer believe that the costs of the Services may be supplied to TelVue through
sponsorships ("Sponsorships") by third party sponsors (each, a "Sponsor") to be carried on customer's access
channel(s) as part of the Services.
NOW, THEREFORE, in consideration of the premises set forth above and the mutual covenants
contained herein, and intending to be legally bound hereby, TelVue and Customer agree as follows:
1} Prov'is!QQ OC$~lyi(;~S;,
a) There shall be no charge by TelVue to Customer for the Services for the first two (2) years of this Agreement.
Thereafter, a charge for the Services may be made, but only if TelVue determines that revenues from
Sponsorships are insufficient to cover its normal charges for the Services, and Customer agrees to pay for the
Services, all as more fully provided hereafter in this Agreement.
b) During the term hereof, Customer shall have a license to use the Services solely in connection with the designated
access channel(s) ("License"). The Services will remain at all times the property of TelVue, and nothing herein
shall be deemed to grant to Customer any right, title or interest in or to the Services, or any portion thereof, other
that the License.
C I Customer may not give, sell, lease, assign copy, sublicense or otherwise transfer, in whole or in part, this
Agreement, the License, the Services, other TelVue-provided materials, or any licenses or rights granted
hereunder, except as approved by TelVue in writing.
2) ~_\J~tQ!.n~r Obli-lliltions.
a) Customer shall provide TelVue with access to Customer's technical personnel, facilities, systems, databases and
information as necessary or appropriate for TelVue to perform its obligations under this Agreement.
b) Customer shall appoint a Coordinator to act as liaison between Customer and TelVue. If there is equipment to be
located at the Customer location, Customer shall provide and maintain a suitable installation site for such
equipment, and shall provide all necessary electrical, cable and modem connections to such location(s). Except
as otherwise expressly provided herein, Customer and its users shall have sole responsibility for acquiring and
maintaining their own technology environment, including without limitation PC's, laptops, operating systems,
servers, Internet access, local area networks and wide area networks (collectively, the "Customer Environment").
Customer hereby represents and warrants to TelVue that the Customer Environment will meet or exceed the
minimum requirements for same set forth on Exhibit C hereto. Except as otherwise provided herein, Customer
shall be responsible for making any necessary modifications to the Customer Environment, including without
limitation all firewalls, proxy servers and other hardware and software, necessary to access or use the System.
c) The License granted hereunder is for the object code version of the Software and TelVue-Provided Content only.
Customer has no rights to the source code for the Software or the TelVue-Provided Content. Customer shall not,
and shall not permit anyone under Customer's direction or control to, reverse engineer, disassemble, de-compile
or remove any identifying mark of TelVue or its Licensors from the Software or the TelVue-Provided COOltent or
16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054
II 1')(1(-
Tel -1.800.885.TVTN ( 8886) Fax-1.856.866.7411
www.tvtn.tv
attempt to do so Customer may not modify. adapt, translate or create derivative works of the Software or the
TelVue-Provided Content without TelVue's express written consent The System IS licensed as a single product
The Software and the TelVue-Provided Content may be used only In conjunction with the System.
d) Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants
to TelVue that such content will not violate or infringe any copyright, patent trademark, trade secret, confidentiality
or other proprietary right of any third part
e) Customer hereby represents and warrants to TelVue as follows (i) Customer has the full power and authority to
make, execute, deliver and perform this Agreement, and such execution, delivery and performance have been
duly authorized by all necessary action on the part of Customer; (ii) the execution, delivery and performance of thiS
Agreement by Customer does not contravene or conflict with, or constitute a breach of any agreement to which
Customer is a party.
3) Ir_a_d~_nl~L~C!1J9_~l,L~JgJl1~r~g_oJenJ1k;13nsl:). Customer hereby grants TelVue a license to use and modify content
supplied by Customer as necessary or appropriate in performing the Services hereunder and/or in marketing and
advertising materials describing the Services.
4) ITllJ',)l13JIl~Q@tio[1-LVill~=-Add~cJ-.9 nd Ad(titigl")~LSes'{lc;~$.
a) In connection with establishing connectivity to the System, TelVue shall provide Customer the implementation,
installation, training and other services set forth on Exhibit D hereto (collectively, the "Implementation Services")
b) From time-to-time during the term hereof, Customer may desire to have TelVue perform certain additional services
("Additional Services"). TelVue shall perform such Additional Services as agreed in writing by the parties subject
to the terms and conditions hereof
5) $up"pQ[L$_E;ll}'ic;_~$. During the term of this Agreement, TelVue will furnish Customer support services in connection with
the Software (the "Support Services") in accordance with TelVue's then-current support policies and procedures. Any
services requested by Customer and provided by TelVue outside the scope of the Support Services shall be billable on
a time and materials basis at TelVue's then-current rates
6) ~PQIJ~_gr$bip_ $~r'{i~~s.
a)T elVue shall have the exclusive rights to sell Sponsorships to be carried on the access channel( s) that carries the
Services Sponsorships shall be strictly limited to those Sponsors that qualify under the gUidelines of the Public
Broadcasting stations as shown on Exhibit G. All fees paid for the Sponsorships shall be paid to TelVue
Customer shall not Invoice for or collect Sponsorship fees, and shall promptly (but in any event within five (5) days
after receipt) remit to TelVue any Sponsorship fees received by Customer.
b) From time to time a Corporate Sponsor may conduct or support a local event and may wish to notify the public
about these events Customer agrees to approve and air such announcements.
7) T~rr:rLaS1g~13!min<3Jigl").
aj The initial term of this Agreement shall be for five (5) years commencing on the launch date of the Service (the
"Initial Term"). Thereafter upon the written agreement of both parties, this Agreement may be renewed for
additional one (1) year terms ( "Renewal Term"). Each renewal must be made within 90 days of the expiration of
the then current term.
b) Notwithstanding, this Agreement may be terminated as follows
i) The intent of the parties is that the Services will be provided with no charge to Customer and supported by
Sponsorship revenues received by TelVue and no charge shall be made to Customer for the Services for the first
two (2) years of this Agreement However, if at any time after the first two (2) years of this Agreement TelVue
determines that Sponsorship revenue is insufficient to cover its normal charge for the Services supplied Customer
TelVue may, by ninety (90)-days' prior written notice, provide Customer with the option of paying fees specified by
TelVue for continuation of the Services or terminate the Agreement Failure of Customer to respond to the option
within the ninety (90)-day period shall be deemed to be an election by Customer to continue the Agreement and
pay the specified fees for the Services
ii) By either party, In the event of a material breach hereof by the other party, which bi-each remains uncured thirty
(30) days after written notice thereof is given to the breaching party; or
iii) By TelVue, in whole or in part. immediately if TelVue ceases providing the Services to its customers generally.
1 pQQP Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel - l.800.885.TVTN ( 8886) Fax - 1.856.866.7411
www.tvtn.tv
8) I?J"QPrie@D'-F3lghts~~CLlJfidentia I itl'.
a) As between TelVue and Customer, TelVue and its Licensors shall own all right, title and interest (including without
limitation all Proprietary Rights) in and to the System and the TelVue-Provided Content and all components,
reproductions, modifications or derivative works thereof, in whole or in part.
b) Customer acknowledges and agrees that the Software shall constitute Confidential Information of TelVue for all
purposes hereof. Confidential Information shall not include any information which (i) is or becomes available to the
public other than as the consequence of a breach of any obligation of confidentiality; (ii) is actually known to or in
the possession of Recipient without any limitation on use or disclosure prior to receipt from Disclosing Party' (iii) is
rightfully received from a third party in possession of such information who is not under obligation to the Disclosing
Party not to disclose the information; or (iv) is independently developed by Recipient without access to the
Confidential Information; or (v) is required by customer to be made known by statute, courts or other legal
regulation. .
9) lJmited Wilrranty.
a)TelVue will use commercially reasonable efforts to correct any error or defect in the Services (each, an "Error"),
provided that Customer timely reports such Error to TelVue in writing and assists TelVue in documenting or
replicating such Error. In the event that TelVue determines that any reported Error was not caused by the
Services, but was the result of a cause within Customer's control, TelVue shall be entitled to reimbursement from
Customer for time and materials expended by TelVue in identifying and rectifying such Error.
b) TelVue does not warrant that operation of the Services shall be uninterrupted or error free or that TelVue will be
able to correct all Errors. To the extent that data is being transmitted over the Internet hereunder, Customer
acknowledges that TelVue has no control over the functioning of the Internet and TelVue makes no
representations or warranties of any kind regarding the performance of the Internet. TelVue has no responsibility
for the accuracy, appropriateness, continuity or availability of TelVue-Provided Content.
10)L[LcJ~mnification. TelVue shall defend, indemnify and hold Customer harmless from and against any and all claims
(including any claim or action brought by Customer's cable television operator), liabilities, damages, demands,
penalties and expenses (including, without limitation, court costs and attorneys' fees) arising out of or in connection with
(a) access to and/or use of the System by TelVue or the TelVue-Provided Content, including Sponsorships, (b) any
claim that the System infringes on the Proprietary Rights of any Third Party, or (c) any breach by TelVue of any
representation, warranty or covenant of TelVue hereunder. Customer shall, to the same extent, defend, indemnify, and
hold TelVue harmless from any use of the System by Customer.
11 )Mi~cellflneous. This Agreement is made under and shall be governed by construed in accordance with the laws of the
States of New Jersey.
IN WITNESS WHEREOF, the parties hereto have, by their duly authorized representatives, executed this
Agreement as of the date first above-written.
TELVUE CORPORATION ("TeIVue"):
CITY OF BOYNTON BEACH ("Customer"):
By:
By:
Title:
Title:
Date:
Date:
,t..FPROVED (,8 "I..:~) Fe
CITY AITOHNEY
1pQQ,0 Horizon Way. Suite 500. Mt. Laurel. NJ 08054
Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411
www.tvtn.tv
Exhihit List:
A. Channel
B. Hardware and Software
C. Minimum Requirements of Customer Environment
D. Implementation Services
E. Value-Added Services
F. Fees
G. TVTN Sponsorship Guidelines
lfiQQO Horizon Way, Suite 500. Mt. Laurel, NJ 08054
Tel - 1.800.885TVTN ( 8886) Fax - 1.856866.7411
\NWW. tvtn. tv
E:~)(bLbLt A
Qbcm r:leJ
. Channel Number:
. Access Type:
. Cable Operator:
Government
Adelphia
. Exclusive or (shared with): Shared
Agreement by and between TelVue Corporation and City of Boynton Beach
dated January 8, 2007.
1fiQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax ~ 1.856.866.7411
www.Mn.tv
Exh ibitf:3
Hardware and Software
-~ -
~QJJsor~t1~Model)
. Switching Hardware will be installed on the feed to the Cahle Operator for recognizing the s\vitching
between the TVTN Feed and alternate sources of video. so that Sponsor Acknowledgment verification
can be performed.
. Equipment capable of "playing proprietary multi-media program screens and digital video movies, as
well as receive text messages from remote locations and display those messages.
. Information Screens (screens that contain programming codes that will display a multi-media
presentation that can contain: Photographic backgrounds, foreground photographic images. text.
animations, voice-over narration. short digital video clips,)
. Design and production of video screen templates comprised of photographic background. logos and
text. Some containing voice over announcements describing their contents.
. Remote access capability for updating text message pages using TVTN's proprietary Internet hased
WEBUSR system. Users can post text community announcements or trusted users can generate
emergency announcements.
. Local emergency screens and related WEBlJSR connectivity.
. School emergency closing screens and related WEBUSR connectivity.
. Weather screens that can be updated remotely from a weather service to be provided as part of the
monthly support program.
. Local traffic conditions screen that can be updated from local traffic cameras (if the data is available in
your area).
. Store and archive video (MPEG) on the TVTN Media Player.
. Contain a program wheel.
. Scans of photographs for production of templates and program wheel.
. Full motion video based statIOn hreaks and channel IDs.
. Audio library of screen setups and generic announcements.
. Firewall device for installation on High-Speed Internet access connection.
Agreement by and hetween TelVue Corporation and City of Boymon Beach
dated January 8, 2007..
16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN (8886) Fax- 1.856.866.7411
www.tvtn.tv
Exhibit C
Minimum Requirements When
Installed at Customer's Location
Site Preparation:
· Secure, adequate desktop or equipment rack space (minimum 4 U), in an environmentally controlled
space, to accommodate the TVTN Media Player within 100 feet of the Cable Operator supplied
Channel Modulator.
· Uninterruptible AC power source to accommodate up to a quantity of 4, 115 volt-20 amp receptacles
· An operational High-Speed Internet Access connection (minimum 768K down, 128K up or better),
with an IP address, and open access to the Internet so that TelVue may install its FirewalllVPN
equipment.
· Calibrated Video Signal for each channel(s) supplied from the serving Cable Operator's Channel
Modulator.
· Customer extends a coax cable connection from the Channel Modulator, and a Category 5, 5e or 6
network connection from a High-Speed Access demarcation, each not to exceed 100 feet, and each to
terminate where the TVTN supplied Media Player will be located.
· Minimum of one WEBUSR capable desktop or laptop.
· A site survey conducted by TVTN personnel or their agents may determine that more minimum
requirements may be required, based on the customer's facility.
Implementation Phase:
· Access to and support from technically proficient individuals familiar with the Cable Operator Channei
Modulator connectivity and the customer managed WAN and LAN connectivity during the Implementation
Phase.
· Minimum of one customer-designated individual for the on-site training and WEBUSR testing.
Agreement by and between TelVue Corporation and City of Boynton Beach
dated January 8, 2007.
'RQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411
www.tvtn.tv
Exhibit 0
-_._._-~--------
LmJ21e m_e nlQ!i~IJ$ e ryi ce ~
TelVue shall implement within. _ days of the execution of this agreement or bYm 20, whichever IS
later, complete system capable of activation on the customer's Cable Access Channel. and includes the following features.
. Installation and use of the hardware and software for the designated contract.
. Setup of content for the initial program wheel.
. Scans of up to twenty five (25) photographs provided by Customer for production of templates
and program wheel.
. Record up to twenty five (25) generic Audio Announcement Library messages.
. Develop up to four (4) category Templates for WEBUSR Screens.
. Create up to lenfour category Bumper Screens with Audio.
. Create up to four (4) local Emergency Alert Templates with "Instant Insertion".
. Setup of school closing screens four (4) with "'Instant Insertion".
. Production of up to two (2) full motion video based station break channel ID. From video
provided by Customer.
. Setup of a series of Weather screens that can be updated remotely from a weather service to be
provided as part of the monthly support program.
. Setup of local traffic condition screen that can be updated from FLDOT (if the data is availa
from them).
. Setup for one administrator and up to twenty (2m users (either "'trusted" or "' moderated" in
any combination Customer selects). Users can post text community announcements or trusted
users can generate emergency announcements.
. Development of Network Content Templates.
Agreement by and between TelYue Corporation and City of B"ynton Beach
dated January 8, 2007.
1 fiqrOO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411
WWW.tvtn.tv
Exhibit E
Value-added Services
During the term of this agreement, TelVue will provide to the customer in consideration for the monthly support fee:
Monthly Services Include:
. Use of the TVTN Media Player.
· Maintenance and repair of all TVTN provided equipment and software at Installed location.
· Emergency equipment replacement or repair.
· Twenty-four hour, seven-days a week remote monitoring of TVTN equipment with the
ability to diagnose hardware and software problems, repair them and reboot the player.
· Distribution and scheduling management of up to two hundred (200) total channel screens.
· Capability to display up to twenty (20) High Production Screens
· Delivery of TVTN formatted information and programming from third party governmental
and educational sources.
· Licensing and server support for five (5) WEBUSR users (remote access).
· Production of up to four (4) "highly produced" screens (Photos, video clips, headlines,
animations, graphics and audio voiceover) for special events, from materials and copy
provided by Customer, or Superuser status. TVTN superuser status allows a user to create
their own High Production Screens.
· As needed Program Wheel Screen Position adjustments.
· Up to included Video to MPEG Conversion (:30 seconds per conversion).
· Weather forecasting licensing service to run on the weather screen.
· Real Time Traffic (if available).
· TVTN County, State & Federal Network (if available).
. PSA-Public Service Announcements.
Agreement by and between TelVue Corporation and City of Boynton Beach
jated January 8, 2007.
1RQ9,0 Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel-1.800.885.TVTN(8886) Fax-1.856.866.7411
www.tvtn.tv
Exhibit F
---..----- .-
Eee~
(First two years waived under Sponsorship Plan)
Start-Up Charge: $12,000.00
Monthly Service Fee: S 500.00
Billing lnfonnation
Address:
Attention:
Purchase Order or File #:
[]Quarterly Billing
DAnnual Billing
or
Agreement by and between TelVue Corporation and City of Boynton Beach
dated January 8. 2007.
1,qQQO Horizon Way, Suite 500, Mt Laurel, NJ 08054
Tel - 1.800.885TVTN (8886) Fax- 1.856.866.7411
WWW.tvtn.tv
Exhibit G
- -
TVTN Sponsorship Guidelines
In order to meet non-commercial requirements TVTN has set out guidelines that are followed Public
Broadcasting Stations:
Sponsorship Acknowledgment Guidelines (PBS-Iike):
Permissible:
Name ofproduct(s) and/or service(s)
I. Up to : 15 seconds of acknowledgement
2. Name ofproduct(s) and/or service(s)
3. Company location
4. Number of years in business
5. E-mail address or website (preferably visually depicted)
6. Telephone number
7. Non-promotional, value-neutral descriptions of products or services
8. Use of well-known mottos or slogans that are non-promotional in nature
o Signature music or appropriate sound effects as a means of enhancing visual and voice-over that are
non-promotional in nature
Non-Permissible:
I. Overt promotion of products or services
2. Price reference
3. Call to action or inducement to buy
4. Comparative or qualitative descriptions of products or services
S. Third-party reviews (from newspapers, magazines, etc.)
Standards and Practices:
Sponsorships will not be accepted from the following:
I. Liquor stores or bars or other establishments whose primary business is the sale of alcohol. (Restaurants
that serve alcohol excluded, provided alcohol is not mentioned in the acknowledgement).
2. Any manufacturer or distributor of beer, alcohol or tobacco.
3. Any entity that promotes the use or sale of illegal drugs or drug paraphernalia.
4. Adult bookstores, adult movie houses and video dealers or strip clubs or any other entity that provides
aduit oriented content or products by mail-order or through the internet.
5, Political parties, lobbying groups, political action committees or cause based organizations.
6. Direct Broadcast Satellite services or competitive media.
7. Any illegal or off shore gambling entity or entity that provides infonnation that enables or can be
associated with illegal gambling.
8. Manufacturers or sellers of firearms, ammunition, gun repairs, accessories, targets, stun guns, tear or
pepper gas dispensers, and rifle and pistol ranges. Retailers who sell other products not fireann related
can be sponsors provided they do not promote fireann related products (for example, department stores
and sporting goods stores).
1Rl;1Q0 Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel - 1.800.885.TVTN ( 8886) Fax- 1.856.866.7411
www.tvtn.tv
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
3. Has the local government been supportive of the investments made by the private
sector listed in the above question? For example, has the public sector made in-kind
or matching contributions? Have processes been expedited for certain projects?
Describe how or why not.
4. Have there been attempts in the past five years to revitalize the waterfront area?
Who initiated them? What was the nature of the effort? What was the outcome
(have plans and projects been implemented)? Why do you think this outcome
occurred?
2007-2009 Application
Page 180/28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
v. Governmental Support
1. Has the local government initiated any revitalization efforts specifically for the
\\'aterfront area in the past five years? Provide detail regarding the type and success
of these efforts.
2. Have the local government and private sector collaborated on any waterfront projects
in the past five years? If so, please describe these efforts.
]007-]009 Application
Page 19008
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
3. How will the work done under the Waterfronts Florida Partnership Program be
integrated back into the local comprehensive plan and the implementation activities
of the local government and its planning department? Please be specific.
2007-2009 Application
Page 20 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
VI. The Partnership
1. Explain as specifically as possible how the Waterfronts Florida Partnership Program
can be of value to your community. What exactly does the community hope to
accomplish through this program?
2. Describe the top three technical assistance needs of your community with respect to
,'\'aterfront revitalization.
20()7-2009 Application
Page 21 ojl8
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
3. Briefly describe a proposed two-year work program for your community's
participation in the Waterfronts Florida Partnership Program. Your work program
should be based on the required tasks identified in the Program Materials and should
indicate how meaningful public involvement will be incorporated into your
community's Waterfronts Florida Partnership.
4. A fundamental goal of the Waterfronts Florida Partnership Program is to create a
network and a set of models for other communities to examine and to learn from
regarding the environment, economic revitalization, and organizational building
within the waterfront context. Describe why your community would be a good model
for others and why your community should be selected to participate.
2007-2009 Application
Page 22 of 28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
5. What have we not asked that you want to tell us?
Page 23 ofJ8
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Appendices
Appendix A: Map of Waterfront Area
a. The area should be contiguous, cohesive and well-defined.
b. The area should be of a manageable size.
c. The area should have a common identity, focusing on its waterfront proximity.
d, The map must include the area where the water and the land meet.
Appendix B: Organizational Chart of the Participants Involved in the
Revitalization Effort
Appendix C: General Letters ofSupportfrom Businesses, Organizations,
Citizens, and Other Parties
Appendix D: City Council/County Commission Resolution Expressing Support
and Commitmentfor Participation in the Waterfronts Florida Partnership
Program
Appendix E: Slides
a. Include 15-30 PowerPoint slides of the waterfront area.
b. Number each slide and indicate on an accompanying map (can be a copy ofthat
provided in Appendix A) where each slide was taken and where the vantage point is.
Also, on another sheet of paper, or the digital image, describe each slide, what the
image is, and its significance.
c. Submit the slideshow on a CD (one CD for each copy of the application).
d. Include examples of the following:
· The interface between the water and the built environment
· Any public improvements in the waterfront area
· Any historically significant buildings
· Land uses around the waterfront
· Any areas or buildings that are in need of revitalization
Appendix F: Guidefor Evaluation Criteria
Appendix G: Application Acknowledgement FOMll
2007-2009 Application
Page 24 of 28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Appendix F:
Guidefor Evaluation Criteria
Waterfronts Florida Partnership Application - 2007-2009
All criteria are evaluated on a range from 0 (Not demonstrated) to 5 (Effectively
Demonstrated).
1. Characteristics of the Community
a. Appears to be strong leadership, commitment and support from
elected officials. Elected officials demonstrate strong interest in project
through letters and activity in the specified area. Local government is willing to
pursue activities to revitalize waterfront.
b. Appears to be strong leadership, commitment and supportfrom
Community stakeholders. Citizen activity in regards to the waterfront is
strong. This could be demonstrated through letters of support, past projects on
the waterfront, or civic group participation. Further, private investment and
interest in the waterfront area are strong.
c. Community seeks to balance resource protection and economic
development. The local government is actively pursuing both economic
development and environmental protection or is cognizant of both types of
activity when developing plans of action for the community.
d. City/County and waterfront relations support each other. The
concept of waterfront revitalization is in sync with plans for the city/area. The
specified ,,,,'aterfront area could be an integral component of the larger
community/city. The city (or county) and waterfront businesses collaborated on
past projects for revitalization or have a good working relationship.
e. Local businesses and citizens are committed to revitalization.
Businesses are interested in revitalization as seen in letters of support; previous
experience of business community in redevelopment. Individual businesses have
renovated offices or shops.
f. The community is committed to long-term, incremental
revitalization efforts. Community is willing to hire a long-term program
manager.
g. Revitalization is not in conflict with the comprehensive plan.
Concepts regarding waterfront revitalization are supported by comprehensive
plan citations if the specified area is delineated as a special area in the
comprehensive plan.
h. Both the private and governmental sectors are committed to
revitalization. Local government and businesses are willing to continue to
invest in waterfront area. There is a strong commitment to improving the area.
2007-2009 Applical/of1
Page 25 0/28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Government and businesses are willing to contribute to the revitalization effort
through donations, staff, equipment, etc. Local government has initiated other
efforts to revitalize the area.
1. The Waterfronts Florida Partnership Program can be useful to this
community. Community's views of how this program will be beneficial are
similar to the goals of the program. The waterfront community is in need of
organizing and training regarding waterfront issues. The waterfront community
sees the strength of technical assistance for waterfront revitalization. The
community appears capable of creating and beginning implementation of a
revitalization plan for the area by the end of the two-year program cycle.
2. Readiness of the Applicant
a. The Applicant demonstrates the organizational andfinancial
readiness to manage the proposed Waterfronts Florida Partnership.
b. There is an understanding of and commitment to the Waterfronts
Florida approach. The Applicant demonstrates an understanding of and
commitment to the four priority concerns of Waterfronts Florida: protecting
environmental and cultural resources, providing public access, mitigating
hazards, and enhancing the viable traditional economy. The Applicant also
demonstrates an understanding of and commitment to conducting a meaningful
public involvement process as part of its Waterfronts Florida efforts.
c. Past efforts demonstrate a strong desire to plan and implement
community projects. There is evidence of an ability to plan and implement
community projects, whether in the waterfront target area or elsewhere.
d. There appears to be willingness to commit staff, space and other
support such as travel expenses. The local government, agencies, private
organizations, or local civic groups are willing to commit office space, equipment,
supplies, etc. and provide for travel of program manager to establishing this
program.
3. Characteristics of the Proposed Waterfronts Florida Area
a. Waterfront area is amenable to revitalization - public access
potential; maritime culture and history; history of water dependent
economy. There is documentation that a traditional working waterfront did or
still does exist in the specified area; there is a history of the community focusing
on the waterfront area; people have or could have access to the waterfront.
b. Waterfront area is of manageable size, can be delineated and is
fairly contiguous. Edges are clear and well-chosen and relate to the
surroundings; the specified area is well-defined and is not unwieldy; the specified
area is cohesive, has a common identity/focus, and could be said to have a "sense
of place."
4. Other Criteria
2007-2009 Application
Page 26 0/28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
a. The supporting documentation, including slides, maps, resolutions and letters of
support required in the Application.
b. All other factors being equal, the Review Committee shall give preference to
Applications from areas of the state not currently served by the Waterfronts
Florida Partnership Program in order to give all regions of the state an opportunity
to benefit from the program. The training and technical assistance provided to designated
communities through the Waterfronts Florida Partnership Program often influence
neighboring communities, cultivating interest in waterfront revitalization and
preservation of public access. For this reason, uniform geographic distribution of the
limited resources available through the Waterfronts Florida Partnership Program provides
optimum benefit to the citizens of the state.
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Appendix G:
2007-2009 Application Acknowledgement Form
I
I Please type or print return address in the space below:
I
Name
Organization
Address
City, FL zip
WATERFRONTS FLORIDA
PARTNERSHIP PROGRAM
(Community Name)
2007-2009 Application
The Waterfronts Florida PartnershiP Program is a program of tile DefJmtment of ComnmrHty Affairs and is funded in part by'
the Flonda Department of Em'ironmental Protection, Florida CoastallvlwWl;ement Program, and the National Oceanic and
AtmosfJheric Admmislration (NO/v\). The views expressed herem me thCl.\t' of tile author(s) and do not necessarily refiect the 1'leU' or
rhe State of Florida, NOAA, or all\ of Irs sHbagmcies.
I
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.
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WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
CONTENTS
Application Requirements................. .................................,....................................................... 3
Eligibility Requirements......................................................................,..................................... 4
Applicant Information................................................................................................................ 5
Public Official Certification............ ................... ......... .................... .............. ..... .......................7
Eli gi b i I i ty Questions.................................................................................................................. 8
Project Overview and Evaluation.... ..... ................... ......... ................... ..... .............................. .12
I. Description of the Waterfront Area ...................................................................................12
II. Past, Present, and Future of the Waterfront .....................................................................14
III. Community Commitment.................................................................................................. .15
IV. Investment in the Waterfront Area..................................................................................... 17
V. Governmental Support...................................................................................................... .19
VI. The Partnership..................................................................................,.............................. 21
Appendices...................................................................................................................... .........24
Appendix A: Map of Waterfront Area.......................... ........... ......................... .......................24
Appendix B: Organizational Chart..... ............. ............ ........... .................. ..... ................. ........24
Appendix C: General Letters of Support................... ............. ...... ..... ....... ........ ......................24
Appendix D: Local Government Resolution of Support......................................................... 24
Appendix E: Slides.................................................................................................................. 24
Appendix F: Guide for Evaluation Criteria........................................................................... 25
Appendix G: 2007-2009 Application Acknowledgement Form .............................................. 28
2007-2009 Application
Page 2 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Application Requirements
Applications must be received at the office of the Waterfronts Florida Partnership Program no
later than 4:30 p.m. on Wednesday, March 21, 2007. Submit applications to:
Department of Community Affairs
Division of Community Planning
Waterfronts Florida Partnership Program
Attention: Jennifer Z. Carver, AICP
2555 Shumard Oak Boulevard, Room 365C
Tallahassee, Florida 32399-2100
Call Jennifer Z. Carver at (850) 922-1772 or iennifer.carver(aldca.state,fl.us with any questions.
Additional copies of this application may be downloaded from
www.dca.state.t1.us/fdcp I dcp Iwaterfronts.
Check each item below to indicate that it is included in your application package. Return this
list with the rest of the application package. Submit one (1) original and nine (9) copies of
the application package. In addition, submit ten (10) sets of PowerPoint slides on CD vvith
accompanying description (see Appendix E). Complete application packages must include:
1. The completed application form;
2. A map clearly indicating the proposed Waterfronts Florida Partnership area (See
Appendix A for details);
3. An organizational chart showing the relationship between the program manager, the
applicant (county or municipal government or nonprofit organization working with this
government), the program manager's supervisor, the advisory group and any other
pertinent parties (Appendix B);
_J 4. Letters of support from merchants, organizations, citizens, and other parties (Appendix
C);
] 5. A City Councilor Board of County Commissioners resolution expressing support for
participation in the Waterfronts Florida Partnership Program (Appendix D). If the
applicant is a nonprofit organization, the local government resolution must express
specific support for working with the applicant on the local Waterfronts Florida
Partnership;
6. A Power Point presentation of 15-30 slides that show different physical conditions
around the waterfront (Appendix E). The slides should be labeled with an additional
map indicating where each slide was taken and where the image is in the proposed
Waterfronts Florida Partnership area. A brief description of each slide should be
included. Please include a CD of your presentation with each copy of the application.
7. Completed Application Acknowledgement Form (a copy will be returned to Applicant
upon receipt of the application) (Appendix G).
2007-2009 Applicarion
Page 3 0{28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
PLEASE REVIEW THIS CHECKLIST CAREFULLY & INCLUDE ALL REQUIRED MATERIALS.
Eligibility Requirements
The following are criteria that the applicant must meet to be eligible for this designation:
. The applicant must be 1) a municipal or county government or 2) a local nonprofit
organization or other similar organization participating with the county or municipal
government (nonprofit organizations must demonstrate a good working relationship with
local government staff and officials);
. The community must be a coastal community required to prepare a coastal element for the
local government comprehensive plan;
. The local government comprehensive plan must be in compliance as defined in Chapter 163,
Part II, Florida Statutes;
. The community must be able to provide a program manager for at least two years and have
secured this person immediately upon designation. The community must also be able to
fund travel expenses for the program manager to attend training and other meetings
associated with the program. If a community cannot provide afull-time manager, there
needs to be sufficient justification that the program will still be a success with a part-time
manager. Communities are strongly urged to utilize full-time managers and
retain them for longer than the two-year program period.
. The applicant must commit to creating a Waterfronts Florida Partnership Committee by the
time of designation with at least one member representing the county or municipal
government; and
· The designated waterfront area cannot include a major, deep-water port; i.e., it cannot
generate more than $5 million annually in operating revenues.
· The designated waterfront area should be contiguous, a manageable size, and have a
common identity, focusing on its waterfront proximity.
2007-2009 Application
Page 4 0/28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Applicant Information
City /Town: jCounty:
Mailing Address:
Contact Phone Number:
Contact Fax Number:
Contact Email Address:
Please identify the person responsible for completing this application.
Name:
Title:
Organizational Affiliation:
Signature:
If the applicant is not a county or municipal government, please provide the
following:
. a mission statement of the applicant organization;
. a description of the organization's status [incorporated, 501(c)(3), etc.];
. date organization was established;
. proof of partnership with the local government, including the following:
o a description of how the proposed Waterfronts Florida Partnership's activities
will be coordinated with local government processes;
o a description of the offices in local government that are involved with the
Partnership;
o a resolution from the local government specifying support for working with the
nonprofit organization on the local Waterfronts Florida Partnership (Appendix
D);
. a statement explaining why the applicant is interested in leading this revitalization
effort;
. details on activities and projects that the organization has accomplished in the last three
years;
2007-2009 Application
Page 5 0/28
WATERFRONTS FLORIDA P ARlNERSHIP PROGRAM
. a description of grants and financial management experience, including audited financial
statements, if available.
2007-2009 Application
Page 60f28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Public Elected Official Certification
I hereby certify that the CityjCountyjTownjVillage of ____ endorses the
submission of this application and agrees to participate in the Waterfronts Florida Partnership
Program. We understand the requirements of the program, including the need to provide a
program manager and sufficient traveljexpense money to actively participate in programmatic
meetings and events. We hereby commit to monitoring the outcome of the partnership and
reporting progress.
Chief Elected Official or designee:
Title:
Signature: Date:
STATE OF FLORIDA, COUNTY OF
Sworn to (or affirmed) and subscribed before me this
day of
2007
by
. Personally known
or Produced
Identification
Produced
Type of Identification
Notary Signature
Print, Type or Stamp Name of Notary
Commission No.
My Commission Expires:
2007-2009 Application
Page 7 of 28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Eligibility Questions
1. Attach a map outlining the area proposed for the Waterfronts Florida Partnership
Program. Make sure that the boundaries of the target area are clearly marked and
labeled. Attach this as Appendix A. Explain why this area was chosen.
2. In which local government (county or municipal) jurisdiction is the specified waterfront
area located?
3. Comprehensive planning
a. Is a coastal element included in the local comprehensive plan? If yes, cite the
section.
b. Is the proposed Waterfronts Florida Partnership area within the coastal planning
area identified in the coastal element?
4. Is the local comprehensive plan "in compliance" as defined in Chapter 163, Part II,
Florida Statutes? Please list date oflast comprehensive plan amendments and date of
last Evaluation and Appraisal Report.
2007-2009 Application
Page 8 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
5. Does the specified waterfront area also contain a deep-water port? If yes, include the
port's approved budget for the current and past year and most recent audited financial
statement. (To be eligible, revenues cannot exceed $5 million.)
6, The applicant must be prepared to have a Waterfronts Florida Partnership Committee
(an established organization or core group of individuals committed to coordinating the
Waterfronts Florida Partnership Program) in place upon being designated as a
Waterfronts Florida Partnership Community, This entity must have the ability to
oversee development of a community vision and revitalization plan for the waterfront
and to oversee the implementation of said plan. Additionally, at least one member
should represent the county or municipal government with jurisdiction. The other
members should represent the various interests in the target waterfront area including
business, industry, and citizen interests. Once designated, the Department will provide
assistance to the Applicant in development of a public outreach plan to ensure broad
participation in all facets of the Waterfronts Florida process.
a. If such a group exists, and will serve as the Waterfronts Florida Partnership
Committee, identify and describe its operation, composition, when and by whom it was
appointed, and significant accomplishments.
b. If such a group does not exist, identify when it will be established, what form it
will take, what authority it will have, and who will serve on it. Identify how this
committee will be linked to the 10cal government.
Page 9 of 28
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
7. The Waterfronts Florida Partnership Program requires that each waterfront area have a
program manager by the time of designation to coordinate and administer activities.
Provide the following information to confirm that a program manager will be provided.
If a community cannot provide a full-time manager, please state why this is so and why
you believe a part-time manager would be suitable for this endeavor. Attach a job
description and organizational chart in Appendix B.
Program Manager's
Name
Proposed Starting Date
Supervising Agency
Direct Supervisor (provide information below)
Name
Title
Telephone Number
Facsimile Number
,
,
Email Address
Source of Funding for
Program Manager's
Salary
8. If the proposed program manager is an existing employee, what other responsibilities
will he/she have?
2007-2009 Application
Page 10 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
9. Where will the program manager have access to office support such as photocopying,
telephone, fax, word processing, etc.?
10, The program manager will be required to attend at least two (2) training workshops per
year and four (4) quarterly program managers' meetings per year over the course of the
two-year program. Is there currently money available in the budget to cover these costs
associated with travel? Identify the departmental budget from which the funds will be
taken. Will these funds be available upon designation? If not, what actions will be taken
to ensure the program manager is able to attend these meetings?
Page 11 of'28
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM:
Project Overview and Evaluation
I. Description of the Waterfront Area
1. Attach a CD with a Power Point presentation with 15-30 slides detailing the
conditions within the area specified as the waterfront area. These slides should
demonstrate the overall quality of the built and natural environment, the interface
between land and water, and the existing uses of the waterfront. Include a brief
description of each slide and locate each slide on an area map. Further guidelines for
slides are found in Appendix E. Attach a printout of the slides and all other
requested materials in Appendix E.
2. What is the composition ofland uses in the designated waterfront area? Please give
this information in terms of approximate percentages. Please also provide the size of
the waterfront area in acres.
Size of designated waterfront area
acres
Commercial
%
Industrial
%
Private residential
%
Public-owned
%
Vacant buildings or lots
%
Other (please specify)
%
2007-2009 Application
Page 12 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
3. The Waterfronts Florida Partnership Program has four major areas offocus:
environmental and cultural resource protection; hazard mitigation; public access; and
enhancement of the viable traditional economy. Using these four categories, please
specifically describe the individual problems and issues that are present in the target
waterfront area. Your description should show an understanding of the issue and
identify what you are trying to accomplish in each of these focus areas.
Environmental and Cultural Resource Protection
:: Hazard Mitigation
Public Access
i Enhancement of the Viable Traditional Economy
Page /3 oj'!.8
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
II. Past, Present, and Future of the Waterfront
1. Give a brief description of the waterfront area, providing details on the historical
water-dependent economic uses of the waterfront. Include a discussion of how this
has evolved, what has changed and what issues and problems you are trying to
resolve with respect to the waterfront area.
2. Describe any major changes in the physical condition of the waterfront area in the
past five years (For example, destruction by hurricane, decline in maintenance, new
construction, major building rehabilitation, etc.).
2007-2009 Application
Page 14 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
III. Community Commitment
1. Does the local comprehensive plan delineate the waterfront area for special
consideration or planning activities? If so, please describe and attach the
appropriate sections of the plan.
2. Has the area received other designations, such as historic district, community
reinvestment area, enterprise zone, etc.? Briefly describe current plans for public
and private investment or business assistance in the waterfront area.
3. In addition to the waterfront organization, list private sector groups, such as the
Chamber of Commerce, Merchants' Association, neighborhood groups, historical
societies, etc., that support waterfront revitalization and describe how they are
involved with the waterfront. Attach letters of interest or commitment from these
and other groups to this application in Appendix C.
Page J 5 of28
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
4. Are there any formalized groups, such as a Community Development Department,
Community Redevelopment Agency, Downtown Development Agency or other well-
organized nongovernmental organizations, that are involved in the waterfront area?
If so, please describe their work for the past three years. How successful have the
groups been in addressing and reaching their goals and objectives? How will they be
involved in future waterfront work?
5. Have there been significant contributions, either financial or in-kind, from local
residents, businesses, or other interest groups for the redevelopment of the
waterfront area? Estimate total and average financial contribution and describe the
types ofin-kind contributions received. Also, are there any pledges or financial
commitments for future work?
2007-2009 Application
Page 160/28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
IV. Investment in the Waterfront Area
1. Describe any major public investments in the waterfront district over the past five
years. Include the approximate cost of each and its source offunding. Examples of
public investment include, but are not limited to: public building renovation,
infrastructure improvements, and park development. Sources of funding may
include grants, bonds, and general revenue.
2. Describe any major private investments in your waterfront area in the past five years.
Estimate the value of each investment.
Page 17 0128
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
3. Has the local government been supportive of the investments made by the private
sector listed in the above question? For example, has the public sector made in-kind
or matching contributions? Have processes been expedited for certain projects?
Describe how or why not.
4. Have there been attempts in the past five years to revitalize the waterfront area?
Who initiated them? What was the nature of the effort? What was the outcome
(have plans and projects been implemented)? Why do you think this outcome
occurred?
2007-2009 Application
Page 18 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
v. Governmental Support
1. Has the local government initiated any revitalization efforts specifically for the
\\'aterfront area in the past five years? Provide detail regarding the type and success
of these efforts.
2. Have the local government and private sector collaborated on any waterfront projects
in the past five years? If so, please describe these efforts.
Page 19 of28
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
3. How will the work done under the Waterfronts Florida Partnership Program be
integrated back into the local comprehensive plan and the implementation activities
of the local government and its planning department? Please be specific.
2007-2009 Application
Page 20 of 28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
VI. The Partnership
1. Explain as specifically as possible how the Waterfronts Florida Partnership Program
can be of value to your community. What exactly does the community hope to
accomplish through this program?
2. Describe the top three technical assistance needs of your community with respect to
waterfront revitalization.
2007-2009 Application
Page 21 0/28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
3, Briefly describe a proposed two-year work program for your community's
participation in the Waterfronts Florida Partnership Program. Your work program
should be based on the required tasks identified in the Program Materials and should
indicate how meaningful public involvement will be incorporated into your
community's Waterfronts Florida Partnership.
4. A fundamental goal ofthe Waterfronts Florida Partnership Program is to create a
network and a set of models for other communities to examine and to learn from
regarding the environment, economic revitalization, and organizational building
within the waterfront context. Describe why your community would be a good model
for others and why your community should be selected to participate.
2007-2009 Application
Page 22 of 28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
5. What have we not asked that you want to tell us?
2007-2009 Application
Page 23 o128
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Appendices
Appendix A: Map of Waterfront Area
a. The area should be contiguous, cohesive and well-defined.
b. The area should be of a manageable size.
c. The area should have a common identity, focusing on its waterfront proximity.
d. The map must include the area where the water and the land meet.
Appendix B: Organizational Chart of the Participants Involved in the
Revitalization Effort
Appendix C: General Letters of Support from Businesses, Organizations,
Citizens, and Other Parties
Appendix D: City Council/County Commission Resolution Expressing Support
and Commitmentfor Participation in the Waterfronts Florida Partnership
Program
Appendix E: Slides
a. Include 15-30 PowerPoint slides ofthe waterfront area.
b. Number each slide and indicate on an accompanying map (can be a copy of that
provided in Appendix A) where each slide was taken and where the vantage point is.
Also, on another sheet of paper, or the digital image, describe each slide, what the
image is, and its significance.
c. Submit the slideshow on a CD (one CD for each copy of the application).
d. Include examples of the following:
· The interface between the water and the built environment
· Any public improvements in the waterfront area
· Any historically significant buildings
· Land uses around the waterfront
· Any areas or buildings that are in need of revitalization
Appendix F: Guidefor Evaluation Criteria
Appendix G: Application Acknowledgement Form
2007-2009 Application
Page 24 of 28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Appendix F:
Guidefor Evaluation Criteria
Waterfronts Florida Partnership Application - 2007-2009
All criteria are evaluated on a range from 0 (Not demonstrated) to 5 (Effectively
Demonstrated).
1. Characteristics of the Community
a. Appears to be strong leadership, commitment and supportfrom
elected officials. Elected officials demonstrate strong interest in project
through letters and activity in the specified area. Local government is willing to
pursue activities to revitalize waterfront.
b. Appears to be strong leadership, commitment and support from
Community stakeholders. Citizen activity in regards to the waterfront is
strong. This could be demonstrated through letters of support, past projects on
the waterfront, or civic group participation. Further, private investment and
interest in the waterfront area are strong.
c. Community seeks to balance resource protection and economic
development. The local government is actively pursuing both economic
development and environmental protection or is cognizant of both types of
activity when developing plans of action for the community.
d, City/County and waterfront relations support each other. The
concept of waterfront revitalization is in sync with plans for the city/area. The
specified waterfront area could be an integral component of the larger
community/city. The city (or county) and waterfront businesses collaborated on
past projects for revitalization or have a good working relationship.
e. Local businesses and citizens are committed to revitalization.
Businesses are interested in revitalization as seen in letters of support; previous
experience of business community in redevelopment. Individual businesses have
renovated offices or shops.
f. The community is committed to long-term, incremental
revitalization efforts. Community is willing to hire a 10ng-term program
manager.
g. Revitalization is not in conflict with the comprehensive plan.
Concepts regarding waterfront revitalization are supported by comprehensive
plan citations if the specified area is delineated as a special area in the
comprehensive plan.
h. Both the private and governmental sectors are committed to
revitalization. Local government and businesses are willing to continue to
invest in waterfront area. There is a strong commitment to improving the area.
20U7-2009 ApplicaTiol7
Page 25 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Government and businesses are willing to contribute to the revitalization effort
through donations, staff, equipment, etc. Local government has initiated other
efforts to revitalize the area.
1. The Waterfronts Florida Partnership Program can be useful to this
community. Community's views of how this program will be beneficial are
similar to the goals of the program. The waterfront community is in need of
organizing and training regarding waterfront issues. The waterfront community
sees the strength of technical assistance for waterfront revitalization. The
community appears capable of creating and beginning implementation of a
revitalization plan for the area by the end of the two-year program cycle.
2. Readiness of the Applicant
a. The Applicant demonstrates the organizational andfinancial
readiness to manage the proposed Waterfronts Florida Partnership.
b. There is an understanding of and commitment to the Waterfronts
Florida approach. The Applicant demonstrates an understanding of and
commitment to the four priority concerns of Waterfronts Florida: protecting
environmental and cultural resources, providing public access, mitigating
hazards, and enhancing the viable traditional economy. The Applicant also
demonstrates an understanding of and commitment to conducting a meaningful
public involvement process as part of its Waterfronts Florida efforts.
c. Past efforts demonstrate a strong desire to plan and implement
community projects. There is evidence of an ability to plan and implement
community projects, whether in the waterfront target area or elsewhere.
d. There appears to be willingness to commit stqff, space and other
support such as travel expenses. The local government, agencies, private
organizations, or local civic groups are willing to commit office space, equipment,
supplies, etc. and provide for travel of program manager to establishing this
program.
3. Characteristics of the Proposed Waterfronts Florida Area
a. Waterfront area is amenable to revitalization - public access
potential; maritime culture and history; history of water dependent
economy. There is documentation that a traditional working waterfront did or
still does exist in the specified area; there is a history of the community focusing
on the waterfront area; people have or could have access to the waterfront.
b. Waterfront area is ofmanageable size, can be delineated and is
fairly contiguous. Edges are clear and well-chosen and relate to the
surroundings; the specified area is well-defined and is not unwieldy; the specified
area is cohesive, has a common identity/focus, and could be said to have a "sense
of place."
4. Other Criteria
2007-2009 Application
Page 26 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
a. The supporting documentation, including slides, maps, resolutions and letters of
support required in the Application.
b. All other factors being equal, the Review Committee shall give preference to
Applications from areas ofthe state not currently served by the Waterfronts
Florida Partnership Program in order to give all regions of the state an opportunity
to benefit from the program. The training and technical assistance provided to designated
communities through the Waterfronts Florida Partnership Program often influence
neighboring communities, cultivating interest in waterfront revitalization and
preservation of public access. For this reason, uniform geographic distribution of the
limited resources available through the Waterfronts Florida Partnership Program provides
optimum benefit to the citizens of the state.
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Appendix G:
2007-2009 Application Acknowledgement Form
o
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Program Guidelines
Introduction
What is the Waterfronts Florida Partnership Program?
What Does Waterfronts Florida Offer to Communities?
Who Can Apply for Designation?
What Happens Once My Community is Designated?
How do I get More Information about Waterfronts Florida?
How does a Community Apply to be a Designated Waterfronts Florida Partnership Community?
Who Reviews the Applications?
What is the Application Review Process?
What are the Review Criteria for Applications?
Introduction
Thc Waterfronts Florida Partnership Program is defincd in Chapter 342.20 I, Florida Statutes. The purposes
of this document are to provide:
. Procedures and criteria for thc selection of communities for participation in thc Waterfronts Florida
Partnership Program, and
. Procedures for administration of the Waterfronts Florida Partnership Program. Thc Division of
Community Planning, Florida Dcpartment of Community Affairs, administers the Waterfronts Florida
Partnership Program, a technical assistance program for Florida communities, which encourages
revitalization of recreational and commercial working waterfronts with the following priority concerns:
protecting environmental and cultural resources, providing public access, mitigating hazards, and
enhancing the viable traditional economy.
What is the Waterfronts Florida Partnership Program?
. The Waterfronts Florida Partnership Program began in 1997 and provides tcchnical assistance and
support to communities in revitalizing waterfront areas in Florida through the implementation of the
Program and general technical assistance and information for waterfront communities. The waterfront
revitalization targets four major issue areas: environmental and cultural resource protection, public
access, retention of viable traditional waterfront economies, and hazard mitigation.
. Waterfront communities are designated for participation in thc Waterfronts Florida Partnership Program
by the competitive process prescribed in this document.
. The structured training and technical assistance provided to designated communities through the
Waterfronts Florida Partnership Program continues for a period of up to two years following
designation. After their initial two-years of participation, designated communities shall receive
additional training and technical assistance consistent with available resources.
. By the cnd of the two-year designation period, designated communities will have:
Waterlronts Florida Partnership Program Guidelines
Januarl' 5, 2007
Page I of7
. Developed a vision plan and action plan
· Created successful relationships among local government, businesses, community organizations,
citizens and others
· Organized themselves into highly functioning committees with a large number of volunteers and
high energy
· Begun to implement their vision, including development of comprehensive plan amendments, land
development code changes, overlay guidelines, conceptual designs for beautification/enhancement
projects, and other projects
· Sought funding and other resources for implementation of their vision
What Does Waterfronts Florida Offer to Communities?
Designated Waterfronts Florida Partnership Communities are expected to participate in the services
available to All Waterfront Communities (listed above) and, in addition, shall receive services to be
delivered over two years that shall include:
· A Statewide Coordinator who is responsible for conducting the statewide Waterfronts Florida
Partnership Program and delivery of related training and technical assistance services.
· Biennial Orientation Training - A 2-day training workshop that provides procedural information
regarding participation in the statewide Waterfronts Florida Partnership Program, the four priorities,
public involvement, and specific tasks associated with the funding. This training event is targeted to
newly-designated Waterfronts Florida Partnership Communities, but is open to all communities in the
state.
· Quarterly Waterfronts Florida Program Managers' Meetings that rotate among the designated
communities -- Each quarter, Program Managers, Board Members and others gather for a two-day
meeting that may include single or multiple topic workshops, presentations from Local Programs, and
tours or demonstrations by the host program, and may include specialized presentations or training by a
consultant in one of the areas of specialization listed herein. These meetings are designed to be helpful
to the host program as well as attendees from other communities.
· Information related to Waterfronts Florida Partnership Program issues provided by telephone, fax, or the
Internet, and through special publications and other training materials.
· Technical Assistance related to comprehensive planning to preserve recreational and commercial
working waterfronts.
· Regional Pre-Application Workshops - Assistance to communities planning to complete the application
for Waterfronts Florida Partnership Community designation.
· Designation Ceremony/Introductory Visit - The Waterfronts Florida Partnership Coordinator and other
program staff will visit the community following designation to promote the local Waterfronts Florida
Partnership and meet local stakeholders.
· Orientation Training - Two days of Statewide training on participation in the Waterfronts Florida
Partnership Program (see above). Multiple sessions of this training may be offered depending on staff
resources and the needs of the newly-designated communities.
Wate/fronts Florida Partnership Program Guidelines
January 5, 2007
Page 2 of7
. Strategic Planning Assistance - A specific strategic planning/start-up workshop with program manager,
other relevant staff/experts, and the committee to develop their work plan for the first year of their
Waterfronts Florida designation. This strategic planning might include a facilitated community meeting
to jump-stal1 your Waterfronts Florida process, including planning for your visioning process.
. Funding - Each designated Waterfronts Florida Partnership Community is eligible to apply for grants
during the two-year designation period as may be available. A 100% match will be required and can
consist of cash, in-kind or third party in-kind. Detailed information on match requirements will be
provided upon request.
. Ongoing Technical Assistance - Designated Communities, including graduate communities, receive
ongoing technical assistance as they develop and implement their vision plans. Assistance includes
guiding and assisting the community in accomplishing the following: planning and development of
environmentally acceptable projects; information regarding state and local permits; mentoring from
graduate Waterfronts Florida Partnership Communities, etc.
. Consultant Assistance - Specialized technical assistance services, including small business development
and retention, revitalization, urban design charrettes and "placemaking," meeting facilitation, marketing
and branding, webpage development, development of design guidelines, overlay zones, comprehensive
plan policies, etc. Graduate communities are eligible for consultant assistance as funds are available.
Graduate Waterfronts Florida Partnership Communities are expected to participate in the conferences and
training programs available to All Communities, are welcome at the Biennial Orientation Training. and may
receive additional technical assistance as described above.
All waterfront communities in the State are welcome to attend Waterfronts Florida program managers'
meeting and training events.
Who Can Apply for Designation?
The Applicant
. Must be a municipal or county government or a local nonprofit organization or other similar
organization participating with the county or municipal government
. Must commit to creating a Waterfronts Florida Partnership Committee by the time of designation with at
least one member representing the county or municipal government
The Community
. Must be a coastal community required to preparc a coastal clement for the local govcmmcnt
comprehensive plan.
. Must be able to provide a program manager for at least two years and have secured this pcrson
immediately upon designation. The community must also be able to fund travel expenses for the
program manager to attend training and other meetings associated with the program. If a community
cannot provide a full-time manager, there needs to be sufficient justification that the program will still
be a success with a part-time manager. Communities are strongly urged to utilize full-time managers
and retain them for longer than the two-year program period.
. The local government comprehensive plan must be in compliance as defined in Chaptcr 163, Part II,
Florida Statutcs.
VVarerFol1rs Florida Parrnership Program Guidelines
Januan.' 5, 2007
Page 3 oI7
The Waterfront Area
· The designated waterfront area should be contiguous, a manageable size, and have a common identity,
focusing on its waterfront proximity;
· The designated waterfront area cannot be a major, deep-water port; i.e., it cannot generate more than $5
million annually in operating revenues.
What Happens Once My Community is Designated?
Once the Secretary of Community Affairs designates your community as a Waterfronts Florida Partnership
Community, your community will work with the Program Coordinator to map out a plan for your
Waterfronts Florida Partnership.
· Division staff will contact the Applicant to schedule a Designation Ceremony and Kick-Off Presentation
in your community.
· Your community will apply for the first year of funding to undertake the following tasks: your
community will develop an overall work plan and public involvement plan, appointlhire a program
manager, create an organizational structure for your partnership (committees, subcommittees, etc.),
develop a community vision for your designated Waterfronts Florida area (including strategies for
implementation), develop a system for collecting data to track how well you're doing in addressing
waterfront revitalization indicators and begin collecting the data, and identify a work plan for the second
year of your initial designation period.
· Your community will participate in the events and technical assistance offerings described above and
receive guidance from the Division on creating your vision plan, conducting a meaningful public
involvement process and other activities.
· Further information on the specific tasks required during the first two years of the Waterfronts Florida
designation period is available on the Department's website.
How do I get More Information about Waterfronts Florida?
· The Waterfronts Florida Partnership Program information package is available on the Department's
website at www.dca.state.f1.us/fdco/dcp/waterfronts. The information package includes a description of
the program, eligibility requirements, application procedures, and the application deadline. Interested
parties can also write to the Department for copies of information package: Division of Community
Planning, Florida Department of Community Affairs, 2555 Shumard Oak Blvd., Tallahassee, Florida
32399-2100, or by calling (850) 488-2356.
· Technical assistance is available to communities interested in applying for designation as a Waterfronts
Florida Partnership Community. The technical assistance includes meeting with community
representatives, conducting one or more regional pre-application workshops biennially, and responding
to e-mail, telephone and written inquiries. Depending on availabiIity of resources, such assistance may
also include an assessment visit to the proposed Waterfronts Florida area by program staff.
How does a Community Apply to be a Designated Waterfronts Florida Partnership Community?
Application Announcement and Due Date
· The Division holds an application process every other year. The application cycle and the Application
Deadline are published in the Florida Administrative Weekly at least 60 days prior to the established
Application DeadIine.
· Applications must be delivered to the offices of the Department of Community Affairs, Division of
Community Planning, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100, on or before 4:30
P.M. on the date of the Application Deadline.
Waterfronts Florida Partnership Program Guidelines
January 5, 2007
Page 40f7
Application Materials
. Applications must be submitted on the Waterfronts Florida Partnership Program Application Form
available on the Department's website at www.dca.state.flus/fdcp/dcp/watcrfronts. Copies of the
application can be mailed or emailed upon request.
. The Applicant must provide one (I) original and nine (9) copies of the Application and all supporting
materials indicated in the instructions in the Application.
. The Applicant Inforn1ation and Public Official Certification in the Application must be signed by the
person or persons with legal authority to obligate the Applicant.
. Applications must be complete, including all required supporting materials.
. An application that is determined by the Division not to meet the requirements above is ineligible. All
ineligible applications will be returned by "Certified Mail" to the Applicant by the Division with a
written explanation of the determination ofineligibiIity.
. The Applicant may withdraw an Application at any time by submission of a written request to the
Division. The request for withdrawal of an Application must be signed by the person or persons with
legal authority to obligate the AppIicant.
Who Reviews the Applications?
. The Division appoints an Ad Hoc Application Review Committee to review and rank all Eligible
Applications and make a recommendation to the Secretary for designation as Waterfronts Florida
Partnership Communities based on the criteria listed below.
. The Department will select representatives from agencies and organizations with responsibilities for
community development, comprehensive planning, historic preservation, hazard mitigation, public
access, environmental preservation, coastal management, and other related areas. The Committee
should include a Program Manager or Chair of an Active Waterfronts FIorida Partnership Community.
. The Review Committee will elect a chairperson from its membership.
. Notice of a scheduled meeting will be provided to Review Committee members at least 30 days prior to
the meeting.
. A copy of the agenda of any meeting of the Review Committee may be obtained by contacting the
Division of Community Planning. The agenda will also be posted on the Department's website.
. Review Committee members will be provided with guidelines for application review, including the
following:
o A description of the Waterfronts Florida Partnership Program.
o An explanation of the eligibility criteria and other factors to be considered in evaluating and ranking
the Applications
o Indication of the maximum number of communities that may be designated for the upcoming two-
year period
. A public notice of each Review Committee meeting will be published in the Florida Administrative
Weekly at least seven days prior to the date of the meeting. The notice will include:
o The date, time and place of the meeting
o A brief description of the purpose of the meeting
o An address where interested persons may write to obtain a copy of the agenda
. A simple majority of the membership of the Review Committee constitutes a quorum. All action taken
shall be by a majority vote of the members present.
. All members of the Review Committee must comply with all laws governing conflicts of interest,
including Chapter 112, Part III, F.S.
Watelji'onts Florida Partnership Program Guidelines
January 5, 2007
Page5o{7
What is the Application Review Process?
. Division staff will review all Applications for completeness and eligibility and request any additional
information needed by email or fax. Requested additional information must be received by the Division
within seven days of the request, otherwise the Application will be declared ineligible.
. A copy of each Eligible Application will be sent to each member of the Review Committee in sufficient
time for members to review all Eligible Applications prior to the scheduled Review Committee meeting.
. The Review Committee will be informed of any additional information or clarification received from an
Applicant prior to final consideration of the Application.
. The Review Committee will hold a public meeting to review and evaluate Eligible Applications. The
Review Committee meeting will be announced in the Florida Administration Weekly at least seven days
before the meeting.
. All Applicants will have the opportunity to make brief presentations and to answer Review Committee
questions. The Review Committee member will discuss the Applications and rank the Applications in
order of priority. The Review Committee will recommend designation of Applicants as Waterfronts
Florida Partnership Communities, beginning with the highest ranked Applicant. The Review Committee
may recommend any number of Applicants for designation. Only Applicants meeting the eligibility and
application requirements listed below will be recommended for designation.
. The recommendations of the Review Committee will be submitted in writing by the Division to the
Secretary (of Community Affairs) for review and approval.
. The Secretary, taking into account the recommendations of the Review Committee and available
funding, will designate Waterfronts Florida Partnership Community designation on successful
Applicants. Division staffwiII notify all Applicants of the Secretary's decision. Notification letters will
include a Notice of Administrative Rights providing for a 21-day appeal period for the decision.
What are the Review Criteria for Applications?
Applications will be evaluated and comparatively ranked in the best professional judgment of the Review
Committee members in consideration of the following criteria. All criteria are evaluated on a range from 0
(Not Demonstrated) to 5 (Effectively Demonstrated).
Criteria related to the characteristics of the community:
. There appears to be strong leadership, commitment and support from elected officials
. There appears to be strong leadership, commitment and support from community stakeholders
. The community seeks to balance resource protection and economic development
. CitylCounty and waterfront relations support each other.
. Local businesses and citizens are committed to revitalization
. The community is committed to long-term, incremental revitalization efforts
. Revitalization is not in conflict with the comprehensive plan
. Both the private and governmental sectors are committed to revitalization
. Potential for benefit from the training and technical assistance provided by the Waterfronts Florida
Partnership Program
Criteria related to the readiness of the Applicant:
. Organizational and financial readiness of the Applicant to manage the proposed Waterfronts Florida
Partnership
. A demonstrated understanding of and commitment to the four priority concerns of Waterfronts Florida
(protecting environmental and cultural resources, providing public access, mitigating hazards, and
enhancing the viable traditional economy) and to conducting a meaningful public involvement process
Wateifronts Florida Partnership Program Guidelines
Jam/my 5, 2007
Page 60f7
. Commitment to hiring a full-time program manager, provide office space, support travel costs and other
expenses
. Past efforts demonstrate a strong desire and ability to plan and implement community projects
Criteria related to the characteristics of the proposed Waterfronts Florida area:
. The proposed waterfront area is amenable to revitalization: it has public access potential, maritime
culture and history, and a history of a water-dependent economy
. The proposed waterfront area is of a manageable size, the specified area is well-defined and cohesive
Other Criteria
. The supporting documentation, including slides, maps, resolutions and letters of support required in the
Application
. All other factors being equal, the Review Committee shall give preference to Applications from areas of
the state not currently served by the Waterfronts Florida Partnership Program in order to give all regions
of the state an opportunity to benefit from the program. The training and technical assistance provided
to designated communities through the Waterfronts Florida Partnership Program often influence
neighboring communities, cultivating interest in waterfront revitalization and preservation of public
access. For this reason, uniform geographic distribution of the limited resources available through the
Waterfronts Florida Partnership Program provides optimum benefit to the citizens of the state
All Applicants recommended for designation must, in the opinion of the Review Committee:
. Possess the physical attributes and resources required to conduct an effective Waterfronts Florida
Partnership Community, including:
o A cohesive, well-defined proposed Waterfronts Florida area
o A proposed organizational structure that is consistent with the Waterfronts Florida approach
o A budget and committed funding for at least one year following designation as a Local Program
. Demonstrate community understanding of the Waterfronts Florida Approach and broad public and
private local support for the proposed local Waterfronts Florida Partnership through letters and
resolutions of support, and pertinent media articles
. Be ready to begin its participation in the Waterfronts Florida Partnership Program immediately upon
selection
Waterfronts Florida Partnership Program Guidelines
January 5, 2007
Page 7of7
VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'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 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December] 8, 2006 (Noon) C8J March 5, 2007 February ]2,2007 (Noon)
0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon)
0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 AnnouncementslPresentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM C8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Approve Resolution No, _, expressing support for the Community Redevelopment
Agency's application to the Waterfronts Florida Partnership for the Boynton Beach marina to be designated as a "Waterfronts
Florida" Community.
EXPLANATION: The State of Florida's Waterfronts Florida Partnership was created to maintain and improve
Florida's working waterfronts. The program offers technical assistance and funding up to the amount of$50,000 to
municipalities that are designated as Waterfronts Florida Partnership Community." The CRA is applying for designation of
the Two Georges Marina and seeks the support of the City in this endeavor. Designation of the marina is consistent with the
Visions 20120 Plan.
PROGRAM IMP ACT: If Boynton Beach's marina is designated, the program can provide funding and technical assistance
to plan improvements to the marina area which will serve as a catalyst to downtown redevelopment. Funds can be used for
design andlor construction of improvements.
FISCAL IMPACT: (Include Account Number where funds will come from) NONE
AL TERNA TIVES: Do no support the resolution to apply to the State for designation as a Waterfronts Florida Partnership
Community.
Department Head's Signature
Submitted by Vivian Brooks
anager's Signature
Assistant to City Manager ~
Community Redevelopment Agency
City Attorney I Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, SUPPORTING THE BOYNTON BEACH
5 COMMUNITY REDEVELOPMENT AGENCY'S APPLICATION
6 FOR A GRANT FROM THE FLORIDA DEPARTMENT OF
7 COMMUNITY AFFAIRS UNDER THE "WATERFRONTS
8 FLORIDA" PROGRAM, FOR THE BOYNTON BEACH MARINA
9 TO BE DESIGNATED AS A "WATERFRONTS FLORIDA"
10 COMMUNITY; PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, The City of Boynton Beach understands the critical importance of the
14 economic well-being of the community and the quality of life of its residents, and has a
15 longstanding commitment to revitalization of the Downtown area; and
16 WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) intends to
17 apply for a grant from the Florida Department of Community Affairs, under the "Waterfronts
18 Florida" Program, to help address economic, access, cultural and disaster mitigation issues the
19 Downtown area; and
20 WHEREAS, the program can provide funding and technical assistance to plan
21 improvements to the marina area which will serve as a catalyst to downtown redevelopment; and
22 WHEREAS, the application by the CRA requires a resolution in support from the City of
23 Boynton Beach City Commission.
24 NOW, THEREFORE, BE IT RESOL VED BY THE CITY COMMISSION OF THE
25 CITY OF BOYNTON BEACH AS FOLLOWS:
26
Section 1:
The foregoing "WHEREAS" clauses are true and correct and hereby
27 ratified and confirmed by the City Commission.
28
Section 2:
The City Commission ofthe City of Boynton Beach hereby expresses its
Page 1 of3
S:\CA IRESO.Watcrfronls Florida.doc
1 support of the application by the Boynton Beach Community Redevelopment Agency for a grant
2 from the Florida Department of Community Affairs under the "Waterfronts Florida" Program.
3
Section 3:
This Resolution shall take effect immediately upon passage.
4 PASSED AND ADOPTED this
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ATTEST:
24
25
26 Janet Prainito, City Clerk
27
28 (Corporate Seal)
29
30
day of
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Page 2 of3
S:\CA \RESOIWaterfronts Florida.doc
WATERFRONTS FLORIDA
PARTNERSHIP PROGRAM
(Community Name)
2007-2009 Application
The Waterfronts Florida PartnershiP Pmgram is a pmgram of the l)e/ltHlment of Community Affairs and is ftmded in fJart by
the Honda DepaTtment of EmJironmental Protection, Florida Coastal ;\1anagnnent Program, and the National Oceanlc and
/-'\tnwslJheTic Administratioll (NOA'-\). The tliews exfJressed herein are those of the author(s) and do not neces5arily rejlecl the I'iet<' of
the State of Flonda, NOAA, 01' am of its subagencies.
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WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
CONTENTS
Application Requirements.......................................................................................................... 3
Eligibility Requirements.......... ....... ...................... .............. .... ......... ........ .................. ........... ..... 4
Applicant Information................................................................................................................ 5
Public Official Certification........ ...... .............. .......... ....................... ..... ................ .................... 7
Eligibility Questions.................................................................................................................. 8
Project Overview and Evaluation............................................................................................ 12
I. Description of the Waterfront Area ...................................................................................12
11. Past, Present, and Future of the Waterfront..................................................................... 14
III. Community Commitment................................................................................................. ..15
IV. Investment in the Waterfront Area..................................................................................... 17
V. Governmental Support...... ......... ................... ...... ...... ................. ................. ............ .......... .19
VI. The Partnership............... ................................. .......... ...... .................................................21
Appendices...................................................................................................................... .........24
Appendix A: Map of Waterfront Area.... ............. ....................................................................24
Appendix B: Organizational Chart.......... ........... ...... ............ ............................. ............. ........24
Appendix C: General Letters of Support.............................................................................. ..24
Appendix D: Local Government Resolution of Support......................................................... 24
Appendix E: Slides.................................................................................,.............,.................. 24
Appendix F: Guide for Evaluation Criteria.......................................................................... 25
Appendix G: 2007-2009 Application Acknowledgement Form ............................................. 28
2007-2009 Application
Page 2 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Application Requirements
Applications must be received at the office ofthe Waterfronts Florida Partnership Program no
later than 4:30 p.m. on Wednesday, March 21, 2007. Submit applications to:
Department of Community Affairs
Division of Community Planning
Waterfronts Florida Partnership Program
Attention: Jennifer Z. Carver, AICP
2555 Shumard Oak Boulevard, Room 365C
Tallahassee, Florida 32399-2100
Call Jennifer Z. Carver at (850) 922-1772 or iennifer.carver(wdca.state.fl.us with any questions.
Additional copies of this application may be downloaded from
www.dca.state.fl.us/fdcp/ dcp /waterfronts.
Check each item below to indicate that it is included in your application package. Return this
list with the rest of the application package. Submit one (1) original and nine (9) copies of
the application package. In addition, submit ten (10) sets of PowerPoint slides on CD with
accompanying description (see Appendix E). Complete application packages must include:
J 1. The completed application form;
2. A map clearly indicating the proposed Waterfronts Florida Partnership area (See
Appendix A for details);
3. An organizational chart showing the relationship between the program manager, the
applicant (county or municipal government or nonprofit organization working with this
government), the program manager's supervisor, the advisory group and any other
pertinent parties (Appendix B);
4. Letters of support from merchants, organizations, citizens, and other parties (Appendix
C);
5. A City Councilor Board of County Commissioners resolution expressing support for
participation in the Waterfronts Florida Partnership Program (Appendix D). If the
applicant is a nonprofit organization, the local government resolution must express
specific support for working with the applicant on the local Waterfronts Florida
Partnership;
"
6. A Power Point presentation of 15-30 slides that show different physical conditions
around the waterfront (Appendix E). The slides should be labeled with an additional
map indicating where each slide was taken and where the image is in the proposed
Waterfronts Florida Partnership area. A brief description of each slide should be
included. Please include a CD of your presentation with each copy of the application.
7. Completed Application Acknowledgement Form (a copy will be returned to Applicant
upon receipt of the application) (Appendix G).
2007-2009 Application
Page 3 of 28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
PLEASE REVIEW THIS CHECKLIST CAREFULLY & INCLUDE ALL REQUIRED MATERIALS.
Eligibility Requirements
The following are criteria that the applicant must meet to be eligible for this designation:
. The applicant must be 1) a municipal or county government or 2) a local nonprofit
organization or other similar organization participating with the county or municipal
government (nonprofit organizations must demonstrate a good working relationship with
local government staff and officials);
. The community must be a coastal community required to prepare a coastal element for the
local government comprehensive plan;
. The local government comprehensive plan must be in compliance as defined in Chapter 163,
Part II, Florida Statutes;
. The community must be able to provide a program manager for at least two years and have
secured this person immediately upon designation. The community must also be able to
fund travel expenses for the program manager to attend training and other meetings
associated with the program. If a community cannot provide afull-time manager, there
needs to be sufficient justification that the program will still be a success with a part-time
manager. Communities are strongly urged to utilize full-time managers and
retain them for longer than the two-year program period.
. The applicant must commit to creating a Waterfronts Florida Partnership Committee by the
time of designation with at least one member representing the county or municipal
government; and
. The designated waterfront area cannot include a major, deep-water port; i.e., it cannot
generate more than $5 million annually in operating revenues.
. The designated waterfront area should be contiguous, a manageable size, and have a
common identity, focusing on its waterfront proximity.
2007-2009 Application
Page 40f28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Applicant Information
City/Town: I County:
Mailing Address:
Contact Phone Number:
Contact Fax Number:
Contact Email Address:
Please identify the person responsible for completing this application.
Name:
Title:
Organizational Affiliation:
Signature:
If the applicant is not a county or municipal government, please provide the
following:
. a mission statement of the applicant organization;
· a description ofthe organization's status [incorporated, 501(C)(3), etc.];
· date organization was established;
· proof of partnership with the local government, including the following:
o a description of how the proposed Waterfronts Florida Partnership's activities
will be coordinated with local government processes;
o a description of the offices in local government that are involved with the
Partnership;
o a resolution from the local government specif~ying support for working with the
nonprofit organization on the local Waterfronts Florida Partnership (Appendix
D);
· a statement explaining why the applicant is interested in leading this revitalization
effort;
· details on activities and projects that the organization has accomplished in the last three
years;
]007-]009 Application
Page 5 on8
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
. a description of grants and financial management experience, including audited financial
statements, if available.
Page 60j28
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Public Elected Official Certification
I hereby certify that the City/County/Town/Village of__ endorses the
submission of this application and agrees to participate in the Waterfronts Florida Partnership
Program. We understand the requirements of the program, including the need to provide a
program manager and sufficient travel/ expense money to actively participate in programmatic
meetings and events. We hereby commit to monitoring the outcome of the partnership and
reporting progress.
Chief Elected Official or designee:
Title:
Signature: Date:
STATE OF FLORIDA, COUNTY OF
Sworn to (or affirmed) and subscribed before me this
day of
2007
by
. Personally known
or Produced
Identification
Produced
Type of Identification
Notary Signature
Print, Type or Stamp Name of Notary
Commission No.
My Commission Expires:
2U07-2009 Application
Page 701'28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Eligibility Questions
1. Attach a map outlining the area proposed for the Waterfronts Florida Partnership
Program. Make sure that the boundaries of the target area are clearly marked and
labeled. Attach this as Appendix A. Explain why this area was chosen.
2. In which local government (county or municipal) jurisdiction is the specified waterfront
area located?
3. Comprehensive planning
a. Is a coastal element included in the local comprehensive plan? If yes, cite the
section.
b. Is the proposed Waterfronts Florida Partnership area within the coastal planning
area identified in the coastal element?
4. Is the local comprehensive plan "in compliance" as defined in Chapter 163, Part II,
Florida Statutes? Please list date oflast comprehensive plan amendments and date of
last Evaluation and Appraisal Report.
2007-2009 Application
Page 8 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
5. Does the specified waterfront area also contain a deep-water port? If yes, include the
port's approved budget for the current and past year and most recent audited financial
statement. (To be eligible, revenues cannot exceed $5 million.)
6. The applicant must be prepared to have a Waterfronts Florida Partnership Committee
(an established organization or core group of individuals committed to coordinating the
Waterfronts Florida Partnership Program) in place upon being designated as a
Waterfronts Florida Partnership Community. This entity must have the ability to
oversee development of a community vision and revitalization plan for the waterfront
and to oversee the implementation of said plan. Additionally, at least one member
should represent the county or municipal government with jurisdiction. The other
members should represent the various interests in the target waterfront area including
business, industry, and citizen interests. Once designated, the Department will provide
assistance to the Applicant in development of a public outreach plan to ensure broad
participation in all facets of the Waterfronts Florida process.
a. If such a group exists, and will serve as the Waterfronts Florida Partnership
Committee, identify and describe its operation, composition, when and by whom it was
appointed, and significant accomplishments.
b. If such a group does not exist, identify when it will be established, what form it
will take, what authority it will have, and who will serve on it. Identify how this
committee will be linked to the local government.
2007-2009 Application
Page 9of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
7. The Waterfronts Florida Partnership Program requires that each waterfront area have a
program manager by the time of designation to coordinate and administer activities.
Provide the following information to confirm that a program manager will be provided.
If a community cannot provide a full-time manager, please state why this is so and why
you believe a part-time manager would be suitable for this endeavor. Attach a job
description and organizational chart in Appendix B.
Program Manager's
Name
Proposed Starting Date
Supervising Agency
Direct Supervisor (provide information below)
Name
Title
Telephone Number
Facsimile Number
Email Address
Source of Funding for
Program Manager's
Salary
8. If the proposed program manager is an existing employee, what other responsibilities
will he/she have?
Page 10 of28
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
9. Where will the program manager have access to office support such as photocopying,
telephone, fax, word processing, etc.?
10. The program manager will be required to attend at least two (2) training workshops per
year and four (4) quarterly program managers' meetings per year over the course ofthe
two-year program. Is there currently money available in the budget to cover these costs
associated with travel? Identify the departmental budget from which the funds will be
taken. Will these funds be available upon designation? If not, what actions will be taken
to ensure the program manager is able to attend these meetings?
2007-2009 Application
Page J J 0/28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
Project Overview and Evaluation
I. Description of the Waterfront Area
1. Attach a CD with a PowerPoint presentation with 15-30 slides detailing the
conditions within the area specified as the waterfront area. These slides should
demonstrate the overall quality of the built and natural environment, the interface
between land and water, and the existing uses of the waterfront. Include a brief
description of each slide and locate each slide on an area map. Further guidelines for
slides are found in Appendix E. Attach a printout of the slides and all other
requested materials in Appendix E.
2. What is the composition ofland uses in the designated waterfront area? Please give
this information in terms of approximate percentages. Please also provide the size of
the waterfront area in acres.
Size of designated waterfront area
acres
Commercial
%
Industrial
%
Private residential
%
Public-owned
%
Vacant buildings or lots
%
Other (please specify)
%
Page 12 of28
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
3. The Waterfronts Florida Partnership Program has four major areas of focus:
environmental and cultural resource protection; hazard mitigation; public access; and
enhancement of the viable traditional economy. Using these four categories, please
specifically describe the individual problems and issues that are present in the target
waterfront area. Your description should show an understanding of the issue and
identify what you are trying to accomplish in each of these focus areas.
Environmental and Cultural Resource Protection
,J Hazard Mitigation
Public Access
Enhancement of the Viable Traditional Economy
2007-2009 Application
Page J 3 of28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
II. Past, Present, and Future of the Waterfront
1. Give a brief description of the waterfront area, providing details on the historical
water-dependent economic uses of the waterfront. Include a discussion of how this
has evolved, what has changed and what issues and problems you are trying to
resolve with respect to the waterfront area.
2. Describe any major changes in the physical condition of the waterfront area in the
past five years (For example, destruction by hurricane, decline in maintenance, new
construction, major building rehabilitation, etc.).
Page 14 of 28
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
III. Community Commitment
1. Does the local comprehensive plan delineate the waterfront area for special
consideration or planning activities? If so, please describe and attach the
appropriate sections of the plan.
2. Has the area received other designations, such as historic district, community
reinvestment area, enterprise zone, etc.? Briefly describe current plans for public
and private investment or business assistance in the waterfront area.
3. In addition to the waterfront organization, list private sector groups, such as the
Chamber of Commerce, Merchants' Association, neighborhood groups, historical
societies, etc., that support waterfront revitalization and describe how they are
involved with the waterfront. Attach letters of interest or commitment from these
and other groups to this application in Appendix C.
2007-2009 Application
Page J 50/28
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
4. Are there any formalized groups, such as a Community Development Department,
Community Redevelopment Agency, Downtown Development Agency or other well-
organized nongovernmental organizations, that are involved in the waterfront area?
If so, please describe their work for the past three years. How successful have the
groups been in addressing and reaching their goals and objectives? How will they be
involved in future waterfront work?
5. Have there been significant contributions, either financial or in-kind, from local
residents, businesses, or other interest groups for the redevelopment of the
waterfront area? Estimate total and average financial contribution and describe the
types of in-kind contributions received. Also, are there any pledges or financial
commitments for future work?
Page 16 of28
2007-2009 Application
WATERFRONTS FLORIDA PARTNERSHIP PROGRAM
IV. Investment in the Waterfront Area
1. Describe any major public investments in the waterfront district over the past five
years. Include the approximate cost of each and its source of funding. Examples of
public investment include, but are not limited to: public building renovation,
infrastructure improvements, and park development. Sources of funding may
include grants, bonds, and general revenue.
2. Describe any major private investments in your waterfront area in the past five years.
Estimate the value of each investment.
2007-2009 Application
Page 17 0{28
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
1J ....-"""n.;:7l:l1' 1 A\:II:NUA
ITEM C.3
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20, 2006 (Noon.) D
D January 2, 2007 December J 8, 2006 (Noon) ~ March 5, 2007 February ]2,2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5,2007 (Noon)
D February 13, 2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION:
Motion to approve and authorize the City Manager to sign an Agreement for Water Service Outside of the City
Limits with Turtle Cove LLC for a 3.04 acre parcel of land located in the utilities service area, approximately 1000
feet west of Military Trail, along Hypoluxo Road. (See location map)
EXPLANATION:
This project is proposed to include approximately 19,500 square feet of medical office and 4,500 square feet of
veterinary clinic. Portions of this site were previously approved for water service, based upon office and veterinary
clinic uses, but now the site has been expanded and the square footage of building area increased. The square footage
and use proposed is expected to demand approximately 6,300 gallons per day of potable water and wastewater
capacity. The developer of the site will be responsible for extending the City's system onto the site, paying their fair
share of any off-site utility lines that were over-sized for their use.
PROGRAM IMPACT:
Approximately 6,300 gallons per day of capacity for potable water and wastewater will be required.
FISCAL IMPACT: None
AL TERNA TIVES:
None. This site is located within the City's utility service area.
4~~
Department Head's Signature
i~ -
City Manager's Signature
Assistant to City Manager ~
/),./
C;V
UTILITIES
Department Name
City Attorney / Finance
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Attachments
xc: Peter Mazzella (w/copy of attachments)
Chris Roschek
City Attorney
File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
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
8 CITY OF BOYNTON BEACH AND TURTLE COVE
9 LLC; 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, approximately 1000 feet west of Military Trail, along Hypoluxo
14 Road; and
15 WHEREAS, the parcel covered by this agreement is planned to include
16 approximately 19,500 square feet of medical office and 4,500 square feet of veterinary clinic.
17 Portions of this site were previously approved for water service but now the site has
18 expanded and the square footage of building area increased; and
19 WHEREAS, the developer will be responsible for extending the City's system onto
20 the site, paying their share of any off-site utility lines that were oversized for their use.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 TURTLE COVE, LLC, a copy of said Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
S:\CA\RESO\Agreements\Water Service\Turtle Cove Water Service Agreement.doc
PASSED AND ADOPTED this
^)
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 Attest:
22
23
24
25 Janet Prainito, City Clerk
26
27
28 (Corporate Seal)
day of March. 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESOv\greements\Water Service\Turtle Cove Water Service Agreement.doc
TillS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P .A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this _ day of ,200_, by and between
TURTLE COVE, LLC hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a
municipal corporation of the State of Florida, hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are -.lL Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant 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.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph I of this Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
2
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
,200_.
day of
WITNESS:
C~~~~
~~l~~e
Pnnted Witness Name
7l~A ),:.kft--~
Witness Signature
~ LsJ,1 10 - CVu I (tey
Printed Witness Name
INDIVIDUAL(S) AS 0
h
O~. ,; ~ligJgna~_ fi{ e--r L-1!? C~)_V~, GLL. ,'.~
~YCA:;:~ h. ,A.11L-L-et::-j ,~Wq
Printed 0 r Name rt?eft1 P::K:/!'C.
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOT ARIZA TION:
ST A TE OF ~OV\ A-A )
,. ) ss:
COUNTY OF 't)A-LIv'\i'St1-'t:4rI)
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
& "'-~ \~'V\ \). tvl \ \ <..\"1- to me known to be the person(s) described in and who
executed the foregoing instrument tha~/she acknowledged before me that~she executed the
same; that the individual was personally known to me or provided the following proof of
identification: ' -----
.. WITNESS my hand and official seal in the County and State last aforesaid this i I day of
J A \\J v i';{'l- "-\ , 200~.
My
/~v J1
Notary Public
)
l,.-
(Notary Seal)
I
,
/
(..
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
ST ATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer dilly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally
appeared , City Manager and ,
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two 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
My commission expires:
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
H:\1990\900182.BB\AGMT\Water Service Agreement - Rev 1-6-Q6.doc
5
THIS INSTRUMENT PREPARED BY
James A. Cherof, Esquire
City of Boynton Beach
100 E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, BRADLEY D. MILLER, as Corporate Representative of TURTLE COVE, LLC,
hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH,
FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead,
for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and
complete a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full
and complete authority to act on Grantee's behalf to accomplish annexation by any available
means. The real property which is the subject ofthis power is described as follows:
PCN No.: 00-42-45-12-03-003-0060
00-42-45-12-03-003-0070
00-42-45-12-03-003-0020.
00-42-45-12-03-003-0010
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
, 20_ and the powers and authority shall be irrevocable by Grantee.
day of
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of
, in the year 20_.
Sealed and delivered in the presence of
~!f5)
Witness Signature
00(td-f 1t&t~
Print Name
?(jj/t.:;uL-
Witness Signature
A11,gh P;, ,ti)u-tl~
Print Name
STATE OF
COUNTY OF
Corporation Name: <~;Z-"fUS ~>V(?) l,;L~
BY:~~
Print Name and Title: ~,~;,t;; ~
ATTEST
Secretary
Corporate Seal:
)
)
)
SS:
I HEREBY CERTIFY that on this day, before me, an officer dilly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
~{".~tI\(~ D. lItll1~ as '''\V/i' /'.{P/'1Dl-t..-ef f u!lJl)k. Lo,H:: t ILL-- named in the
foregoing eement and that he/she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority dilly vested in him/her by said
Corporation and that the Corporate seal affixed thereto is the true corporate seal of said
Corporation.
, Witness my hand and official seal in the County and State last aforesaid this ~ day of
,\lAr'J ~ ,2001.
M
~/~~~ fl- F
NOTARP LIC / '
(\) \ {D \ e rfl- S" /"-'\ f 0 VI
Printed Name
S:\CA\AGMTS\Water Service\Power of Attomey-Corp. 1-6-06.doc
H:\I990\900 182.BB\AGMT\Power of Attomey-Corp 1-6-06.doc
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
THE NORTH ~/2 OF LOT 3 (TRACT 3), BEING APART OF THE NORTHWEST ';' OF SECTION 12,
TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND INCLUDED IN
THE AMENDED PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 74, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS THE WES 263.32 FEET THEREOF: AND LESS THE SOUTH 340.75 FEET THEREOF;
AND LESS THE RIGHT OF WAY FOR THE LAKE WORTH DRAINAGE DISTRICT L-18 CANAL AS
SET FORTH IN DEED BOOK 67, PAGE 533, (AS TO THE NORTH 53 FEET OF THE NORTHWEST ';~
AS SET FORTH MORE P ARTICULARL Y THEREIN), PUBLIC RECORDS OF PALM BEACH COUNTY
FLORIDA.
PARCEL 2:
THE EAST 109 FEET OF THE WEST 263.32 FEET OF THE NORTH /2 OF TRACT 3, BEING A PART OF
THE NORTHWEST ,;' OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA. AND INCLUDED IN THE AMENDED PLAT THEREOF, AS RECORDED IN
PLAT BOOK 9, PAGE 74, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND LESS THE SOUTH 340.75 FEET THEREOF;
AND LESS THE RIGHT OF WAY FOR THE LAKE WORTH DRAINAGE DISTRICT L-18 CANAL AS
SET FORTH IN DEED BOOK 67, PAGE 533, (AS TO THE NORTH 53 FEET OF THE NORTHWEST ';'
AS SET FORTH MORE P ARTICULARL Y THEREIN), PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 3;
THE NORTH 56.77 FEET OF THE SOUTH 340.75 FEET OF THE NORTH /2 OD THE WEST ~/2 OF THE
WEST /2 OF THE NORTHEAST ,;' OF THE NORTHWEST ';' OF SECTION 12, TOWNSHIP 45 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. AND INCLUDED IN THE AMENDED PLAT
THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 74. OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 4:
THE WEST 154.32 FEET (AS MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF LOT 3) OF
THE NORTH ONE-HALF (N /2) OF LOT 3; EXCEPT: THE SOUTH 340.75 FEET THEREOF, BEING A
P ART OF THE NORTHWEST ONE-QUARTER (NW i;') OF SECTION 12, TOWNSHIP 45 SOUTH,
RANGE 42 EAST, AMENDED PLAT OF SECTION 12, ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA. RECORDED IN PLAT BOOK 9 , PAGE 74; LESS: THE RIGHT OF W,,,," Y FOR
LAKE WORTH DRAINAGE DISTRICT LATERAL L-18 AS DESCRIBED IN DEED BOOK 67, PAGE
533 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY AND THE RIGHT OF WAY OF ST ATE
ROAD 709 (HYPOLUXO ROAD).
CONTAINING 3.04 ACRES, MORE OR LESS.
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OPINION OF TITLE
I am an attorney licensed to practice law in the State ofFloridll. On this 12th day
of January, 2007, I hereby certify that the following property is owned by Turtle Cove
LLC. It is subject to a mortgage held by First Southern Bank, Ii Florida banking
corporation.
The West 154.31 feet (as measured at right anlles from the Welt Hne
Or Lot 3) of the North One-Half (Nl/2) of Lot 3;
EXCEPT: The South 340.75 feet thereof, beiDg a part of the
Northwelt One-Quarter (NW ~) of Section 12, Township 45 South,
Range 42 Ealt, amended plat of Section 12, according to the plat
thereof on tile In the omce of the Clerk of the Circuit Court in and
for Palm. Beach COUDty, Florida, recorded in Plat Book 9, Pag. 74;
LESS: The right-DC-way for Lake Worth Drainage Dlltrlct Lateral L-
18 as described In Deed Book 67, Page 533 of the Public Records of
Palm Beach County and the right-or-way for State Road 709
(Hypoluxo Road).
SUBJECT TO that certalo Drainllg. Ealement over the North 27 feet
of the property to the County of Palm Beach recorded tn Official
Record Book 6566, PaRe 110; aod Quit Claim Deed from Palm Belch
County to Lake Worth Dratnlgc District recorded in O.R. Book 7511,
Page 1952, Public Records of Palm Beach County, Florida.
SUBJECT TO: Comprehensive land use plans, zoning,
restrictions, prohibitions and other requirements Imposed by
governmental authority; restrictions and matten appearlnl on the
plat or otherwise common to the Iiubdlvlslon; public utility easemeDts
of record, taxes for the year of 2006 and subsequent years.
The following property is owned by Turtle Cove LLC. It is subject to a mortgage
held by Gulfstream Bwiness Bank, a Florida banking corporation.
Parcell:
The North ~ of Lot 3 (Tract 3), being a part of the Northwellt ~ of
Section 12, township 45 South, Range 42 East, Palm Beach County,
Florida and Included In the Amended Plat of Sec. 12 Twp. 4SS. R,42E.
Mary A. Lyman et aI, according to the Plat thereoC, al recorded in
Plat Book 9, Pale 74, of the Public Records of Palm Beach County,
Florida.
LESS the West 263.32 feet thereof;
AND LESS the South 340.75 feet thereof;
AND LESS the Riaht-of-Way for the Lake Worth Drainage District
L-18 Canal.. set forth I.n Deed Book 67, Page S33, (a. to the North 53
feet of the Northwllt ~ as let forth more particularly theretn), and in
Omclal Records Book 7511, Page 1951 (II to the North 17 reet of the
lands therein), both Df the Public Records of Palm Beach County,
Florida.
Parcel 2:
The Eut 109 feet of the West 263.32 feet of the North % of Tract J,
being a part of the Northwelt % of Section 12, Township 45 South,
Range 41 East, Palm Beach County, Flortda, and included in the
Amended Plat of Sec. 12 Twp. 458. R.42E. Mary A. Lyman It ai,
according to lb. Plat thereof, a. recorded In Plat Book 9, Page 74, of
the Public Records of Palm Beach County, Florida.
AND LESS the South 340.75 feet thereof;
AND LESS the Right-ot-Way for the Lake Worth Dratnage District
L-18 Canal a. let forth in Deed Book 67, Page 533, (u to the North 53
feet of tbe Northwest ~ .1 let forth more particularly therein), and in
Ornelal Records Book 7SIl, pale 1952 (a. to the North 27 feet of the
lands therein). both of tbe PubUc Records of Palm Beach County,
Florida.
Parcel 3:
The North 56.77 feet of the South 340.7S feet of the North Ya of the
Welt !4 of the West Ya 01 the Northea.t ~ of the Northweat ~ of
Section 12, Township 45 South, Range 42 Eut, Palm Beach County.
Florida, and Included In the Amended Plat of See. 12 Twp. 4SS.
R.4ZE. Mary A. Lyman et ai, according to tbe Plat thereof. as
recorded in Plat Book 9, Page 74, of the PubUc Records of Palm Beach
County. Florida.
Subject to conditions. restrictions, reservations and easements of
record; taxel for the year 2004 and all subsequent years.
00-42-4S.12-0]~03-0070
OO.42~S~12~03-o03.0020
The south 17.00 Feet of the North 80.00 Feet of Tract 3, bemg a part
of the Northwest ~ of SeetloD 12, Township 45 South, Range 41
East, Palm Belich County, Florida, and included In the Amended
Plat thereof, as recorded in Plat Book 9, Page 74. of the PubUc
Records of Palm Beach County, Florida, Jell the West 154.34 feet
thereof.
Parce1ldentlflcation Number: 00-42-45-12-03-000-0010/0010/0070
STATE OF FLORIDA
)
) 88.:
COUNTY OF PALM BEACH)
The foregoing instrUmen~ was acknowledged before me this 12th day of January,
2007by Alan ~.Cildl....l.
,~v '
Notary:( ~ - -..... N '--'.1"2..--
[NOT ARlAL SEAL] Print Name: C I c('" "'- M . eN' () , L \-.,
Notary Public, State of Florida
My commission expires: Q -;)../ t.') q; \ ~ 0 J u
;2'Personally Known OR 0 Produced Identification
Type of Identification Produced
I"~
'~r.I
NcMery PllblIa 8tIIe DI ,I....
Clem M C"eplch
My Co<nmiaalOn 00511252
e.pirllS 02lQ81201 0
Will Call No.: 69/mmi
CFN 200605.::1(2')793
OR BK 20873 PG 0423
RECORDED 09/20/2005 15:51:49
Palm Beach County, Florida
AMT 625,000.00
Doc Stamp 4,375.00
Sharon R. Bock, CLERK & COMPTROLLER
Pgs 0423 - 424; (2pgs)
Prepared by and return to:
Alan J. CikJin, Esq
BOOSE CASEY CIKLIN, ET AL
515 North Flagler Drive Suite 1900
West Palm Beach,.'L 33401
561-832-5900
File Number: S2012-42648.1
Grantee S.S. No.
Parcel Identification No. 00-42-45-12-03-003-0060
_[Space Above This Line For Recording Data]
Warranty Deed
(STATUTORY FORM. SECTION 689.02, F.S.)
This Indenture made this 19 day of September, 2006, effective as of the 19 day of September, 2006,
between SPERO D. CARABELAS, JR., a single man and NUBIA ZAPATA CARABELAS, a single woman whose post
office address is 4736 Hypoluxo Road, Lake Worth, FL 33463 of the County of Palm Beach, State of Florida, grantor*,
and TURTLE COVE, LLC, a Florida limited liability company whose post office address is 4736 Hypoluxo Road, Lake
Worth, FL 33463 I)fthe County of Palm Beach, State of Florida, grantee*,
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Palm Beach County, Florida, to-wit:
The West 154.32 feet (as measured at right angles from the West line of Lot 3) of the North One-Half
(N 1/2) of Lot 3;
EXCEPT: The South 340.75 feet thereof, being a part of the Northwest One-Quarter (NW 1/4) of
Section 12, Township 45 South, Range 42 East, amended plat of Section 12, according to the plat
thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 9, Page 74;
LESS: The right-of-way for Lake Worth Drainage District Lateral L-18 as described in Deed Book
67, Page 533 of the Public Records of Palm Beach County and the right-of-way for State Road 709
(Hypolu:w Road).
SUBJEC j . TO that certain Drainage Easement over the North 27 feet of the property to the County
of Palm Beach recorded in Official Record Book 6566, Page 110; and Quit Claim Deed from Palm
Beach County to Lake Worth Drainage District recorded in O.R. Book 7511, Page 1952, Public
Records of Palm Beach County, Florida.
SUBJECT TO: Comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters appearing on the plat or
otherwise common to the subdivision; public utility easements of record, taxes for the year of 2006
and subsequent years.
and said grantor does hereby hilly warrant the title to said land, and will defend the same against lawful claims of all persons
whomsoever.
DoubleTim6@
* I'Grantorl1 and "Ciranteel' are used tt)r singular ur plural, as conll;xt requires.
In Witness Whereof, granto[ has hereunto set grantor's hand and seal the day and year first above WrItten.
Signed, sealed and delivered in our presence:
/
Wu~~-=_C~'ib\'_", C, ,,,1'--
(I'~---~-""~""'~' l /-"'...." I
i, _ -i' '- -----z1( I 'r
m_ IT -tJ-ee ---<L/JF"'> F ~~/f..J.i--:7
Witness Name: J\- oL-L ~.~fl_rl._ll1~01-- \[e '::>
State of Florida
County of Palm Beach
-k l2u(?~ /
l{,/
~l .--;J ~ /' I;
,. .. tz ./--
A :L/I(':_~('E!~ .,'L (~~:__(S~al)-
NUBIA ZAPATA CARABELAS
The foregomg 1I1strument was acknowledged before me this n day of~_~mber, 2006 by SPERO D. CARABELAS,
JR. and NUBIA ~. AP A T A CARABELAS, who U are. personally kn,?*II or [Xl~~e pro~uced a dri r's lie e as
IdentificatIon. ~ / _,', '__
/?{ a~~ _ '
Notary PublIc (/
\ I \
~rinted Name: ./ ~~
~----
My Commission Expires:
[Notary Seal]
WlIrranly Deed (SllIIIIIOI)' For/ll) - Page 2
- ><===='-'=L=-=''''===-=,,=..=
o lam 0/1/0 sa/ILk,! - 0" '~)'l-
l700U9ao UOIS:>IIJ.IUlOJ .iV'J if., . .:::;{-~
, S,MIl'"i lill~l!JtlV\J ~ ~,;
'~_'''rs ""~~I".~l:-.J
Q~..._~=~==.-
<o.'.'~'~. .v~.! "..\:.... .~..j. 0 .t"...IY...Pl.'.l..;I.iZ'.S:.:-. ;.~-;~.(JfFI~hd~~
. '; Marilynn M Ives
~~c; . ,. g My Cornrlllssion DDS.12004
. E ~'f:,O==",fcXP.lles 04~1/201 0
- .
DoubleTimev
Will Call No.: 69/aza
CFN 20060228576
OR BK 20217 PG 0878
RECORDED 04/18/2006 16:38:54
Palm B~ach County, rlorida
AHT 1. 00
Doc Stamp 0.70
Sharon R. Bock,CLERK & COftPTROLLER
Pgs 0878 - 879; (2pgs)
Pre,pared by and return to:
Alan J. CikJin, Esq
BOOSE, CASEY, CIKLIN, ET AL
515 North Flagler Drive Suite 1900
West Palm Beach, FL 33401
File Number: 82012-42648
[Space Above This Line For Recordmg Data 1
Quit Claim Deed
This Quit Claim Deed made this 1.1-. day of April, 2006 between ALVIN EUGENE BROOKS, a married man,
joined by his wife, LOIS BROOKS whose post office address is 2155 SW Locks Road, Stuart, FL 34997, grantor, and
TURTLE COVE, LLC, a Florida limited liability company whose post office address is 7600 Wentworth Drive, Lake
Worth, FL 33467, grantee:
(Whenever used herein the lenns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the SllCcessors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good
and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does
hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest,
claim and demand which grantor has in and to the following described land, situate, lying and being in Palm Beach County,
Florida to-v.,'it:
THE SOUTH 27.00 FEET OF THE NORTH 80.00 FEET OF TRACT 3, BEING A PART OF THE
NORTHWEST 1/4 OF SECTION 12. TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND INCLUDED IN THE AMENDED PLAT THEREOF, AS RECORDED
IN PLAT BOOK 9. PAGE 74, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LESS THE WEST 154.34 FEET THEREOF.
Parcel Identification Number: 00-42-45-12-03-000-0010/0020/0070
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise
appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for
the use, benefit and profit of the said grantee forever.
OcubleTim~
Book20217/Page878
Page 1 of 2
In Witness Whereof, grantor has here~to set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
~1tIJf~~!
_(<>.,.., ~_ D.~
... Witness Name: c..o..rM.~ D. Wood
e
~My
e IS BROOKS
(Seat)
State of Florida
County of Martin
The foregoing instrwnent was acknowledged before me this'/ II day of April, 2006 by ALVIN EUGENE BROOKS, a
married man, joim:d by his wife, LOIS BROOKS, who ~ are personally known or U have produced driver's licenses as
identification.
[Notary Seal
~7Md4<J
v ~Al!JfVG 7- tUOOtJltteD
Printed Name:
My Commission Expires: ,/ ~~y ILl, .2.01(:)
Quit Claim Deed - Pag~ 2 DoubleTimee
Book20217/Page879 Page 2 of 2
TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS
FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT
RE: WATER SERVICE AGREEMENTS
1. Please sign the agreement (on p. 3) and the Power of Attorney form
2. Have your signatures witnessed and notarized
3. Attach a survey and legal description (LABELED EXHIBIT A)
4. Attach a copy of the site plan
5. Also attach an opinion oftitle from an attorney, a recent title policy (less than 6
months old) or an owner and encumbrance report from a title company (also less than
6 months old)
6. Return all documents to this office.
NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME
TO PROCESS THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE
CITY COMMISSION MEETING. THE TIME SCHEDULE IS THEREFORE AT
LEAST 4 WEEKS FROM DATE OF SUBMITTAL TO DATE OF APPROVAL,
DEPENDING UPON THE ACTUAL DATES FOR COMMISSION MEETINGS. (THE
COMMISSION MEETS ON THE 1 ST AND 3RD TUESDAY OF EVERY MONTH)
Sincerely
Peter V. Mazzella
Deputy Director of Utilities
Owner Information
Owner's Name: Turtle Cove, LLC
Mailing Address: 420 W. Boynton Beach Blvd, Ste. 201, Boynton Beach, FL 33435
No. & Street City State Zip Code
Telephone No. 561.736.8838
Property Information:
Address: Located on the south side of Hypoluxo Rd approximately 1/4 mile west of Military Trail
No. & Street City State Zip Code
Property Control Number (PCN) 00.42.45.12.03.003.0060/0070/0010 / 0020
-
~ - .
~ r
. ~ .
,. .
LO'CQtior:l'M(lP Tabu/,or Data '
. r:' 1. 11, ~ rll ' d' , . , '"
. Petition: 71-069 I Petition No: A94-13 ,. ~ 6 qontrol No.
: ExiSting Use: ~F ! EXi~ting Use: Vacant ~: ~ ., , Project No. .
: F(..V: l.R-3 ' Ft,l.{:/ CI5 ~ NORTH ~(Jme of 'aevelopm~nt
' Zpplng: RS / ; Zoning.' MUPQ ~ NTS T)~r
I R~., R-17~75 ' ,\:2 Lqnd Use
/ CE;:NTERLlNE _ Z~nlng DistrIct
I i-A DON I S DR I VE f1YPOLUXQ 'ROAD;i G't'erl(lY(s) & DensIty ProgrClms
/ / (L ~ SectIon, Township, R~nge
- - - - - - .~ - - - - - - ,,&: Properly Cpn~ol Number
~ ~
' 0 _
~ ~
:::l:
g Proposed Vse(sJ
-:l
I ASPHALT ROAD ~5' _ " GA TE\lVJA.Y '80U~EVARD Total GrOSSi Site Area
WEST SOUND LANES10F Tptal Gross Floor Are~
HYPOLUXO ROAD 6uildihg A
H J cr::J IIp'ROW Veterinory'Cllnc
",. ~'nO"U"10 ~Ioad EXISTING/ULTIMATE MedJ~~I'Offive
CONCRETE MEDIAN ,.., ""1 B fl......h Q. M dl I' ffi
- - -. - ' '~- U ul 9 'i" e c q ,0 Ice
' ! : . -. - -.,.. Bufldlhg q'Medlcol Office
' CONCRETe MEDIAN Bundihg q'Medical Office
[
~5'
Medical or Del"'\tlal Office
- ~ ' - ...,. f - 1- r _ ,__ _ "" .-.. _
154.35' '- or-, ,
CANAL L-18 :' ll,l~ CANAL L-13 ~ '
53' ~3' LWPP RIGHT-OF-WAY ~ I ~ . 53' LYVDDRIG~r;-op-WAY' ,
DB 67, PG'533 NEW HEADwALL W/ ~ . ,DB 67, Pc:;7 533 53
' "' CO~CRaE
GUARDRAIL AC~EPTAB~E TOP: OF ~ANAL BANI< HEADWALL
TO COUNTY ENGINEER
. RAISED
. w~ ~
- t . 1 -, - 1'-' - - 1_ - .,.. .. -. e _.
I ' <.1:5 :
.01
27' DfCllinage i
Eos~ment I P' 1<1
I q~
- - -,-- - - ~ - -- - - - '0' ADELPHIA: UE Total Parkl,hg ~pac~s
12' AdditIonal 59' 'Ftont ORB 14220, ,po 8~6 CaU::ulatlon Rates
LWDD ROW Setback I 10' 'FPL UE ProfessrQnCif/MedJcQI'Offlc~Net;@'l SPI20Q SF
- - -.-- - - ,'/, - - --J I ORB 14161, PG710 . :
l(1)"BELtSOUTH UE HandIcap Spaces
20' .LAN DSCAPE \ - _ OR,S 14220,. PG 838
BUFFER
- - - - -, -~~ \ I ,
.~ I - ..... A -..... I .L · ~ - ~ Notes - -
-~,. B i
I MEDICAL OFFICE 8' MIN. FOUNDATIN ' I I I Y~T; CUNI C 4,500 SF , 8' MIN-. FOUNDATlN I 1 j' This plqn is prepared bjosed on' a survey provid~~
6 OOOISF PLANTlN'G - 40% OF I MEQICAL qFFfCE .1-.500 SF PLANn~G - 40% qF ' I Smith Land Surveying, Inc. ! i
If" BUILDING FACADE TYP. 30'/1-STORY BUILDING PACADE TYP.: .
30/1-ST0RY ~ /1f 8"~AIN Fn\UND "_
" 'l' . ''-/' ATlN 5':MIN.' FOUNDATION
I 8 MIN. FOUNC>ATIN 5 ~IN~ FOUN[!)ATJON 2 ' PIJ\NTlNG:' 4098 OF , , '
PLANTING - 40% OF PlANTING - 40% OF i BUILDING FACADE TYP t' 10 IN<fRESS/EGRESS EAS~MENT
I I ACAD P BUllJDING FACADEITYP ,. TO BE A BANI!>ON ED , ,
' ' . ORB 1521, PG',s72 ~ . j
I 2f'd~~~~~~~J~EASEMENT" ,. Prop~rfiy' lJ)~ve.IQprme/fltIRegs
"""""" ==- ==- "'==- ==0 ==- = -==ow ==- -- 8RB'146J,.PG.681 ,
.-a -==-"'""""! RB: 146l, PG'690
6 7 1~ 6 7 Z?ni09 Pllllimum.I..clt'Dimension. i Otllli'l fAR ~clih9 'Imp<<v. '
DIstrict , ~ Surface
- 01' ,Pod : Size' W'ldth, Depth fronlo9i' ' 'Area
J 9 <:=> <:=> CHO-Rq'd. 1 ac 100' : 200" 100" _ .35 2S~ _
J 0<> ~~~T10NAL 0<> 26' CHO~P"'d 3 ac laS' :J<{)' 365' _ ,16 16~ 'S6~
aJ~ 9' t L'
It = 9' t PetitIon NO: P-oO-91
~ ' :18.5':-J.. '16' 8 2 TY .. 18.5 6 : Exlstll1g'Uss:'Retail
i C D n 1f ~24< c=a = ==0 : Hypo/uxo1 Village
- ~ U v - - - - - ~~ - - -- ==0 =- -=- 'FLU:Cl./3
,~'ct::l 't"'21:1 h
to i= " PLANnNG WI '1 r .OJ' over ang Pl;ANT/NG 'RES: 'R.;oz-0298
.- ~ U fo avoid existing tree
~ ~ '==0 ==0 =-=- -- -=- - -- --- ~ I c=:::::o=- ~ C::;:;;::;II m=::;;I ~ ~ ~ ~ ~ C::;;::;I::;llI ~
()
~: ~ .1 0 I 8.5' 1 0
~ ~
~
25', S> 26':
I '8" 5' , 'IADElPHIA UE
. ORB'14220l PG834
. I W FPL UE
I ,9 10 I! ORB'14161t,PG705
, 10' BElLSOuTH UE
==0 -=- - '-=' ==- =- II ORB:14161, PG699 -
5' MIN. FOl.iJNOATlON IN,'FOUNDAJfIN IN. F0; I II
PLANTING - 40% OF PLA:NT/NG '.40% OF 5' MIN. FOWNDA ~:10N PLAMTlNG - 4099 OF I \
, BUILDING FACADE TYP. BUILD'ING FACADE TYP~ . PLANTING - 40% ,OF BUILDING FACADE TYP.
~ BUllDIN<S'FACAD8! TYP. 10' r, I:;
DRY : fJ MIN. FOUNIDATlN CD. La ;
D;~i~~~ ' PlANTI~G -4Q%OF MEDICAL OFFICE MIiDICAL 0FfrlCE I I' I ~2: 10' ADEL:PHIAIFPL/
,BUILDING FACADE TYP. 6; 000 SF 8~ MINI FOUNDAiJ"IN, I! el"i: BELLSOUTH EASEMENT
I I PlANrrlNG _ 40% OF 6,000' SF ) I I ! <N ;
30/1-STORY BUILDING FAGADETYP. 30'/1-STORY 2.~ I ~~,
- ,'- - - - ~ - - - - - - ...::..- - - - - - - - r-' ~12
, 20.1' MIN. 15' INCOMPATlBILlY 20~ l' MIN. ~"t
, SIDEWALK CONNECTION I I.... , . . . .
_ _ _ _ ~R SETBACK _BUFFER I..;:! GATE REAR se:.BACK _ _ . --1.. Zonurrg, lDIY.ISIC>n! Stamps
-I.. ""'7lTl' Irlla~12'28.E 3d, t
: Apr;'k?BtionNo:'P.()4..661 / / J;/ II II I IN~OMP~;I~~'BUFFER II I
~ Existing Use: Vacant -----! L-
_ : FLU:'LR3 _ _ ~ / / I II I ~ +- - -, - - -, II I
. Zomng:PUD / ~ / / I I I
I Res: R..()5.1047 ......... / II I
I Res: R-oS-1048 / /' /'" --- -----/ II II I I
I ReS! M5'1049 v 'I }h"'-: -- " II I I II I
,- / I; II " II I g I I
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I III ~'/ " 1/ II I I I I _ _
~ - - - - - - - - - - \ \ \1 II 1/ I r r - - - - - - - - -1 I
\ \ \ -l I 0 15 30 60 90
SCALE:' 1" = 3.0'
~\ I,
VI.-CONSENT AGENDA
ITEM D.,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned in
Meeting Dates to Citv Clerk's Office
Requested City Commission Date Final Form Must be Turned in
Meeting Dates to City Clerk's Office
0 December 5, 2006
0 January 2, 2007
0 January 16,2007
0 February 13, 2007
November 20,2006 (Noon.) 0
December 18, 2006 (Noon) ~ March 5, 2007
January 2, 2007 (Noon) 0 March 20, 2007
January 22, 2007 0 April 3, 2007
o Announcements/Presentations
o Administrative
~ Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o
February 12, 2007 (NO~
g"}
March 5, 2007 (Noon) _
N
March 19,2007 (Noon) -0
:J'
N
..
w
c.,...)
("")
0:::1
::::{-<
-<0
,....,-r'\
;'- OJ
.;-<1 0
~~:~
~::::{
o
,::.::>:Z:
""'CP
~rn
('"):P
f'lS!
-
NATURE OF
AGENDA ITEM
o
o
o
o
o
City Manager's Report
New Business
Legal
Unfinished Business
RECOMMENDATION:
Purchase updated computer and software to interface with existing CrossMatch ID500 Fingerprint scanner to allow for creation
of digital fmgerprints to submit electronically to the Florida Department of Law Enforcement.
EXPLANATION:
Per FDLE Criminal Justice Information System (CnS) Memo 2006 - 25, all applicants for certified officer positions must
submit fingerprints electronically by January 15, 2007. All current certified officers must be re- fingerprinted electronically by
January I, 2008. This equipment will give us the ability to comply with this FDLE requirement. Additionally, this will put the
Police Department in a position to take advantage of future FDLE plans for Rapid ID of suspects, matching of latent
fingerprints, and eventually allow all applicants for City positions to be fingerprinted and submitted to FDLE for the purposes
of background checks.
PROGRAM IMPACT:
FISCAL IMPACT: (Include Account Number where funds will come from)
Account number 691-5000-590-04-25 (Forfeiture Fund Account) $4,455.00
ALTERNATIVES:
The only alternative is to contract with a surrounding agency such as Palm Beach County Sheriffs Office to get our officers
fingcrp,int,d. ~
'-'" ity Manager's Signature
Assistant to City Manager
~
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CROSSIVIA;~H'.1
rECI'40-iOl~,}C~i
SALES QUOTATION
Upgrade Live Scan system
Date: Account Manager: Phone: 561-622-2688 Fax: 561-828-2307
12/22/06 Scott Clinton Mobile: 561-379-5509 Email: Scott. C Ii nton@crossmatch.net
QUOTE#BYNT122206
BILL TO:
SHIP TO:
Cross Match Technologies, Inc.
3960 RCA Boulevard,
Suite 6001
Palm Beach Gardens, FL 33410
Phone: 561-622-1650
Fax: 561-828-2307
Website: www.crossmatch.net
Phone:
Boynton Beach Police Deoartment
Douq Solomon
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
(561) 742-6171
SolomonD@ci.bovnton-beach.f1.us
Company
Contact:
Address
Company:
Contact:
Address:
GSA Schedule 70
GS-35F-0199R
Fax:
Email: Email:
Website: Method: Other (See Note)
{ Ship to address must be a complete direct mailing address with telephone contact}
Phone:
Fax:
Qty CMT Part # Description Unit Price Extended
1 900074 Ten Print Workstation. Countertop set up with XP pro DT PC, $2,025.00 $2,025.00
Keyboard-Mouse, Firewire card, updated Live Scan
Management Software
1 850181-005 FDLE App/Civil electronic submission software $1,500.00 $1,500.00
1 930000-5 On Site installation (per day) $900.00 $900.00
-
Subtotal: $4,425.00
Pricing: D State Specific []GSA D Standard Sales Tax: D Non Exempt [] Exempt Sales Tax: $0.00
If Tax Exempt, Certificate Shipping: $30.00
Payment Terms: Other: N/A
D New Customer D Credit Card D Wire Transfer [] Net Terms [] Current Customer TOTAL: $4,455.00
Site Survey:
D Complete
D Expected Completion:
Cross Match will move all the clients EFT files from their old PC's to the new ones. Client should
consider archiving very old files on another storage device or drive so as not to impede the
performance of the new workstation.
Notes:
. Cross Match Limited Warranty is for one year depot repair only. Enhanced Warranty is recommended for 24x7 customer care, remedy for software media defect. next
. Quoted system configured per attached SDA.
- Sales tax and shipping are estimated and may vary. This quote does not include: other taxes, export fees, duties, or export charges.
. Prices are valid for 90 days from date of quotation.
. Payment terms are net 3D, from date of invoice, with approved credit.
Quote Presented By:
Scott Clinton
Date:
12/22/2006
Quote Accepted By:
Name
Title
Signature
Date
05-05-06 P
The Florida Department of Law Enforcement
Important Update:
REQUIRED ELECTRONIC SUBMISSION OF CRIMINAL JUSTICE
CERTIFIED APPLICANTS BEGINNING JAN UARY 15, 2007
November 2006
ELECTRONIC SUBMISSION OF CRIMINAL JUSTICE
CURRENT CERTIFIED EMPLOYEES BY JANUARY 1, 2008
As you are aware, Florida law requires a fingerprint based criminal history background
check as a condition of employment for all law enforcement, correctional and correctional
probation officers under s. 943.13(5), F.S. However, unless
initiated by the employing agency, there are no subsequent
fingerprint checks to ensure that officers have not been arrested,
charged, or convicted of offenses that could jeopardize their
certification under Florida law.
Also, as you are aware, Florida Department of Law Enforcement
(FDLE) has for many years been retaining the fingerprints of
persons arrested but did not have the ability or authority to
retain applicant or employee fingerprints. In 2004, we developed
the capacity to retain fingerprints of persons who are applicants
or employees as authorized by law. This capability allows
FDLE to notify the licensing or employing agency if the subject of the retained
fingerprints is subsequently arrested in Florida. This is an important public safety
tool and is already being used by schools, seaports and Department of Juvenile
Justice employees and private contractors.
CJIS Memorandum 2006-25
con't CJIS Memorandum 2006-25, pg. 2
Now all criminal justice agencies have the opportunity to take advantage of this
service. House 8i11151, passed in the 2006 legislative session, provides authority
for FDLE to retain fingerprints of criminal justice personnel and mandates this
retention for certified personnel. Here is a brief summary of the law. All references
to "certified" below mean certified as an officer under Ch. 943, F.S. Certification
for FCIC/CJIS is not relevant in this context.
Aoolicants for certified law enforcement, corrections or correctional probation
officers must submit fingerprints electronically beginning January 15, 2007.
Fingerprints will be retained for comparison to incoming Florida arrests.
If there is a match between an applicant and an arrested person, FDLE
will notify the employing agency of the arrest so that appropriate action
may be taken.
All current certified law enforcement, corrections or correctional probation
officers must be re-fingerprinted electronically by January 1, 2008. Fingerprints
will be retained for comparison to incoming Florida arrests. If there is a
match between an officer and an arrested person, FDLE will notify the
employing agency of the arrest so that appropriate action may be taken.
Non-certified criminal iustice aoolicants are not mandated to submit
fingerprints. However, if the fingerprints are submitted electronically on
or after January 15, 2007, they will be retained and searched against
incoming Florida arrests.
As with current submissions for criminal justice applicants and employees,
there is no fee assessed by FDLE or the FBI for the processing of these fingerprints.
Agencies have a number of options for submitting both applicant and employee
prints prior to the aforementioned statutory deadlines. First, agencies that currently
have their own applicant livescan devices may submit using their equipment.
Second, agencies may want to explore options for purchasinq their own applicant
livescans for submission of applicant fingerprints. Prices have dropped significantly;
devices typically start at around $14,000. These deyices m...gyalso be used to
fingerprint other applicants. Since this will be an ongoing process, this may
be a good long-range option. (See attachment 3).
Third, some aqencies with applicant devices, including the criminal justice
training centers, may be able to assist. FDLE will continually post on the
CJNET, under "News and Announcements"; the list of agencies which currently
have livescan devices and may be willing to allow their livescans to be utilized
to fin g e r p r in t c e rt i fie d a p pi i can tan d cur r en t em p I 0 Y e e s .
CJIS Memorandum 2006-25
con't CJIS Memorandum 2006-25; pg.3
Agencies needing assistance should first contact these agencies and arrange
an interagency agreement to set specific operating guidelines. Pre-arrangements
will need to be in place. FDLE has a livescan device in Tallahassee and is
planning to obtain a device for Jacksonville, Tampa and Miami by the beginning
of 2007 to assist in this process. Appointments will need to be made for
individuals to be printed at these FDLE locations and FDLE assumes that
other agencies would, likewise, need to have appointments to accommodate
other agencies' personnel. (See attachment 3)
And finally, there are "service oroviders" who have their own devices and
submit directly to FDLE. These vendors charge for this service at negotiable
rates. (See attachment 3)
The fingerprints that are submitted to FDLE electronically go into the Civil
Workflow Control System (CWCS) and are processed at the state and national
level. Every criminal justice agency will need to complete the CWCS
Customer Registration Form. (See attachment 1) This will give FDLE the
information needed to send the criminal history results for your personnel
to the correct person within your agency regardless of who submits the
fingerprints. You will need to be sure that any candidate or emoloyee takes
your aaencY's ORlainatina aaency number (OR/) that you have submitted
on this form with him or her when aoina to have finaerorints taken.
FDLE is working with the Florida Sheriffs Association and the Florida Police
Chiefs Association to provide information to all Florida criminal justice agencies
in an expedited manner so that all agencies will be aware of the requirements
and available options. We realize that this will require a coordinated effort
on your part with other agencies and we are willing to offer our assistance
anyway we can.
If you have questions, please contact your FDLE Regional Information Delivery
Representative.
ATTACHMENTS
1. Customer Registration Form
2. Agencies which have applicant livescan devices
3. Livescan vendors and service providers
4. FDLE Regional Information Delivery Representatives
CJIS Memorandum 2006-25
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
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) [g] March 5, 2007
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007
0 February 13,2007 January 22, 2007 0 April 3, 2007
Date Final Form Must be Turned
in to City Clerk's Office
February 12,2007 (Noon)
March 5, 2007 (Noon)
March 19,2007 (Noon)
0
0 Announcements/Presentations 0 City Manager's Report -J
-r'\
NATURE OF 0 Administrative 0 New Business ("'1'1
CO
AGENDA ITEM [g] Consent Agenda 0 Legal
N
0 Code Compliance & Legal Settlements 0 UnfInished Business ~
0 Public Hearing 0 :x
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RECOMMENDATION: A Motion to approve the "Surplus Vehicle List" as submitted by Public Works/Flef,6
Maintenance and allow for the sale of same.
EXPLANATION: Procurement Services has reviewed one (1) item on the "Surplus Vehicle List" that was submitted
by the Public Works/Fleet Maintenance Division (see attached memo dated January 17, 2007). Utilizing the City of
Boynton Beach disposal process for surplus vehicles will allow the vehicles to be auctioned by the City's approved
vendor and generate revenues to the Fleet Maintenance Funds.
Procurement Services request Commission's review, evaluation and approval to sell the surplus property.
PROGRAM IMP ACT: The disposal of this surplus vehicle will provide inventory control maintenance and allow for
receipt of revenues through a process monitored by Procurement Services.
FISCAL IMPACT: The revenues generated from the sale of this surplus vehicle will be placed in the Fleet
Maintenance Fund in the following account:
Revenue Account:
501-0000-365-01-00
Account Descriotion:
Sale of Surplus Equipment
AL TERNA TIVES: There is no alternative but to dispose of this surplus equipment.
~-
. Cl Manager's Signature
~d!~
De en ead's Signatur
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM NO. 07-007
TO:
Bobby Jenkins, Assistant Finance Director
Christine Roberts, Assistant Director of Public Works~.
Tim Calhoun, Fleet Administrat1 ( ,.
Surplus Vehicle
THRU:
FROM:
SUBJ:
DATE:
January 17,2007
The resource listed below belonging to Public Works Sanitation Division is being replaced rather then
the originally scheduled vehicle. This is due to the overall poor condition of vehicle #63 a 1998
Chevy Pickup with over 91,000 miles.
We would like authorization to retain vehicle #5 for one additional year. Vehicle # 5 is a 1999 Dodge
Pickup with over 91,000 miles also, but in much better condition.
Unit #
Description
Vin#
63
1998 Chevy Pickup
IGCEC14W8WZ215471
PW File
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Tumed
in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2,2007 December 18, 2006 (Noon) [g] March 5, 2007
0 January 16, 2007 January 2,2007 (Noon) 0 March 20, 2007
0 February 13,2007 January 22,2007 0 April 3, 2007
February 12, 2007 (Noon)
March 5, 2007 (Noon)
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RECOMMENDATION: A Motion to approve the "Surplus Equipment List" as submitted by the Golf CouWe arla'~
allow for the sale of same.
March 19,2007 (Noon)
Consent Agenda
o
o
o
o
o
City Manager's Report
New Business
o
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("'1'1
CO
NATURE OF
AGENDA ITEM
o
o
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o
o
Administrative
Announcements/Presentations
Code Compliance & Legal Settlements
Public Hearing
Legal
Unfmished Business
;Do
:x
9
EXPLANATION: Procurement Services has reviewed the thirteen (13) items on the "Surplus Equipment List" that
was submitted by the Golf Course Division (see attached memo dated January 22, 2007). Utilizing the City of Boynton
Beach disposal process for surplus equipment will allow this equipment to be sold and generate revenues to the Golf
Course.
Procurement Services request Commission's review, evaluation and approval to sell the surplus property.
PROGRAM IMP ACT: The disposal of this surplus equipment will provide inventory control maintenance and allow
for receipt of revenues through a process monitored by Procurement Services.
FISCAL IMP ACT: The revenues generated from the sale of this surplus equipment will be placed in the Golf Course
Fund in the following account:
Revenue Account:
411-0000-365-01-00
Account Descriotion:
Sale of Surplus Equipment
ALTERNATIVES: There is no alternative but to dispose of this surplus equipment.
4""",,,,,, Signa,""
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Memo
From:
Bill Mummert, Director of Financial Servic~s
Wilfred Hawkins, Assistant City ManageF\~
Scott Wahlin, Golf Maintenance Manager
~,-"I
January 22, 2007 ./
To:
Through:
Date:
Re:
Surplus Equipment
I would like authorization to dispose of the following equipment. All of these pieces of
equipment were on the Department's Equipment Replacement Schedule and either met or
exceeded their life expectancy. All useable parts that can be used on the equipment's
replacement equipment has been salvaged and stored. We could use eBay to dispose of
this equipment.
MAINTENANCE SURPLUS I
EQUIPMENT - 2007 I
DESCRIPTION MODEL # SERIAL # ASSET IN OUT COMMENTS
TAG # SERVICE SERVICE
Carry AliI! Utility Vehicle EG9617 507403 MISSING 1998 2006 NEGLIGIBLE VALUE
Cushman HD Utility Vehicle 898530A 96007276 525 1996 2006 NEGLIGIBLE VALUE
Club Car Golf Car A9507 424465 11253 2001 2006 NEGLIGIBLE VALUE
Lastec Articulator Mower 721XR 6060900 4344 2000 I 2006 NEGLIGIBLE VALUE
John Deere Greensmower M0020A 056682 4399 2000 2006 $400 ESTIMAT~D VALUE
John Deere Greensmower M0020A 056884 4400 2000 2006 $400 ESTIMATED VALUE
John Deere Greensmower M0020A 056885 4401 2000 2006 $400 ESTIMATED VALUE
John Deere Greensmower M0020A 056886 4402 2000 2006 $400 ESTIMATED VALUE
John Deere Mower Trailer 22 NONE 4403 2000 2006 SELL WITH MOWER
John Deere Mower Trailer 22 NONE 4404 2000 2006 SELL WITH MOWER
John Deere Mower Trailer 22 NONE 4405 2000 2006 SELL WITH MOWER I
John Deere Mower Trailer 22 NONE 4406 2000 2006 SELL WITH MOWER
I
ADMIN SURPLUS I I
EQUIPMENT - 2007 I
!
DESCRIPTION MODEL# SERIAL # ASSET IN OUT COMMENTS
TAG # SERVICE SERVICE
Minolta Copier EP2030 507403 MISSING 2002 FEB 2007 *DELlVER TO
WAREHOUSE I
* This item will not be sold on eBay, arrangements will be made with the warehouse for pick up.
If you have any questions please contact Scott Wahlin at 561-742-6543.
VI.-CONSENT AGENDA
ITEM G.
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 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) [g] March 5, 2007 February l2, 2007 (Noon)
0 January 16, 2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 0 April 3,2007 March 19,2007 (Noon)
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RECOMMENDATION: Motion to approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT ~ P~
Record plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (CieEn~
and Surveyor and Mapper). ~ rng
AnnouncementslPresentations
o
o
o
o
o
City Manager's Report:,
New Business :;
Legal g
Unfinished Business J,
NATURE OF
AGENDA ITEM
o
o
[g]
o
o
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
EXPLANATION: The record plat review for this modifIcation to the original record plat originally commenced on
November 21, 2006, refiled a revised record plat on December 22,2006, to which the second and final review was
completed on January 25, 2007. A couple of minor plat preparation changes not withstanding, staff mow recommends that
the City Commission approved the plat as presented subject to [mal signatures by the City Engineer and Mayor. This record
plat is the revised step in the process of development of the townhouse tract known as VistaBella at Renaissance Commons, a
PUD previously fIled in Plat Book 104, Pages 186-187, Public Records of Palm beach County, Florida. The record plat
preparer has stated that all minor changes necessary to this instrument are in compliance with those comments noted in the
last review letter.
PROGRAM IMP ACT: The proposed development cannot be implemented until this proposed record plat (and construction
plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit
(LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm
Beach County, Florida. Construction permitting commences after the issuance of the LDP.
FISCAL IMPACT: None
ALTERNATIVES: The proposed development revision will continue in abeyance until the proposed record plat is received
in acceptable form, and the construction plans have been approved for permitting. '
Assistant to City Manager CJ1rL/
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
THIS PLAT
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlV.l..
VII-CONSENT AGENDA
ITEM HI
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 December 5. 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) ~ March 5,2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22. 2007 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TlON: Approve motion to accept the City of Boynton Beach FY2005-2006 Annual Grants Report.
EXPLANA TlON: The mission of the Grants Team is to enhance the achievement of the City's overall goals by providing
research, planning, support, feedback and other assistance to its departments in the development of alternative funding
sources for citywide projects. The Grants Coordinator prepares an Annual Grants Report each year, which summarizes the
City's previous year's grant activity.
PROGRAM IMPACT: The Grants Team provides grant development support services to City departments through the
identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff
seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting
department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The
Annual Report serves to document citywide efforts and identify focus areas for the next fiscal year.
FISCAL IMPACT: None
ALTERNATIVES: Not to accept report.
Assistant to City Manager {;.I1r( ./
City Manager
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
III
I
City of Boynton Beach
FY2005-2006 Annual Grants Report
I
I
Boynton Beach Grants Team
January 31, 2007
Introduction
The Grants Team provides grant development support services to City departments
through the identification and monitoring of federal, state, regional, and local grant
opportunities. Team members and department staff seek funding for priorities
identified during the budget process. Team members and staff specifically focus on
meeting department goals, supporting the Capital Improvement Program (CIP) and
responding to citywide emergency needs. The Grants Coordinator provides the
following:
. Orientation for all new Grants Team members
. Grant writing assistance
. Grant proposal quality review
. Special project funding availability analyses
. On-going grants proposal tracking
. Grant management training
An Annual Grants Report is published each year, which summarizes the City's
previous year's grant activity.
The Annual Grants Report and subsequent Monthly and Quarterly Updates
summarize data on departmental grant activity and Grants Team projects. The
reports will reflect information received from departments regarding grant funding
applications and awards.
Grant Team members' diligence in using the tools provided by the City is essential to
communication and effective record keeping. Accordingly, the Grants Coordinator
solicits comments, suggestions and recommendations regarding grants
management tools and this report, which is used to increase the overall efficacy of
the program.
Grants Team Mission Statement:
To enhance the achievement of the City's overall goals by providing research,
planning, support, feedback and other assistance to its departments in the
development of alternative funding sources for citywide projects.
Page 2 of5
Grants Team Activity
Since April 2001, the City of Boynton Beach has been on the cutting edge of grants
management. Our City Manager, Kurt Bressner, saw the value in providing
resources to help grow our grants program in Boynton Beach. This enabled staff to
become involved in developing and beta testing grant research and management
software. As a result, we have realized significant cost savings and increased
efficiency. Using electronic means to manage grant funded projects, we can
effectively maintain decentralized operations while enjoying the benefits of
centralized grants management.
While the City receives some entitlement and formula funding, the majority of grants
applied for are competitive. Community Development Block Grant (CDBG), State
Housing Improvement Program (SHIP) and State Aid to Libraries are examples of
the non-competitive funding the City receives annually. These dollars are critical to
continue providing basic services to our residents.
Generally, departments will identify needs during the City budget process and
research appropriate grants. On occasion, emergency funding will become available
(i.e. hurricane or other disaster funding), when this occurs the Grants Coordinator
will work with departments to identify appropriate projects and coordinate efforts to
develop a competitive grant application. Attachment A details the grant applications
and awards for FY06; Community Improvement, Fire, Forestry, Library, Recreation &
Parks and Utilities were awarded grants for City projects.
First Quarter of FY2006 (October, November & December)
Departments citywide identified 35 projects that had potential for grant funding. Each
department used the City's Grants Management Information System (GMIS) to
capture information for funding research, grant applications and management. While
some projects are still in the funding analysis stage, to date, four of the 35 projects
have been awarded grant funds totaling $1,854,298.
Second Quarter of FY2006 (January, February & March)
Due to a very active hurricane season in south Florida, much of the second quarter
was spent researching hurricane funding and identifying mitigation projects.
Departments participated in Local Mitigation Strategy Workshops and met with State
liaisons to ensure City's projects remained a County priority. Two additional projects
were awarded grant funding this quarter totaling $22,829.
Third Quarter of FY2006 (April, May & June)
The team prepared the FY06 budget request and began looking at departmental
projects for future collaboration. The federal budget process was monitored with
regular updates via the Federal Assistance Monitor bi-monthly publications. Also
Page 4 of5
included was State funding opportunities and grant updates. One additional project
was awarded grant funding this quarter totaling $368,370.
Fourth Quarter of FY2006 (July, August & September)
The Grants Team met in August and reviewed the plans to create a 501@3
foundation to support projects and programs to benefit citizens in Boynton Beach.
City policies on grant management were reviewed and internal procedures were
updated by the Team. The Grants Coordinator gave the Team a preview of future
upgrades to the GMIS software. The City has agreed to beta test a new version of
GMIS for eCivis. In return, the City will realize substantial discounts on the new
software version. Four additional projects were awarded grant funding this quarter,
totaling $442,115.
Summary and Future Direction
Over the past six years, the Grants Team has made significant changes in the way
grant opportunities are sought, communicated and managed by the City of Boynton
Beach. The team is continually seeking ways to improve and meet the City's funding
needs.
The City's grant awards continue to increase despite a more competitive funding
arena. The number of departments actively working on grants and number of grant
applications submitted have significantly increased over the few years. I believe this
is due in part to the support the Grants Team and departments have received from
the City Manager and City Commission. Dollars allocated to the Grants Team
budget for training and resources allows for more competent staff and more
competitive applications, which yields grant dollars.
The Team's focus in FY2007 will continue to be on Grants Management. New
Member Orientation and software updates will be added to the Quarterly Team
Meetings to enhance staff efforts to obtain external funding for City projects. The
City of Boynton Beach will continue to seek opportunities to stay on the cutting edge
with technology and strengthen our grant management operations.
Page 5 of5
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Requested City Commission
Meeting Dates
0 December 5, 2006
0 January 2, 2007
0 January 16, 2007
0 February 13,2007
NATURE OF
AGENDA ITEM
VI.-CONSENT AGENDA
ITEM I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to Citv Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
November 20,2006 (Noon.) 0
December 18, 2006 (Noon) ~ March 5, 2007
January 2, 2007 (Noon) 0 March 20, 2007
January 22, 2007 0 April 3, 2007
February 12,2007 (Noon)
March 5, 2007 (Noon)
March 19,2007 (Noorlj:)
'-J
-r'l
f"T1
CO
City Manager's Report N
o
New Business
0 Announcements/Presentations 0
0 Administrative 0
~ Consent Agenda 0
0 Code Compliance & Legal Settlements 0
0 Public Hearing 0
Legal
Unfinished Business
RECOMMENDATION:
Assign the City's interest in the Marina Village Second Amended Mediation Agreement to the CRA.
-0
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EXPLANATION:
The project has been completed and is ready to receive fmal Certificate of Occupancy. All documents requiredfor continued
multi-party management of the site have been recorded and placed on file with the City along with all required easements. The
remaining issue of parking space configuration between the property owners belongs more appropriately to the CRA, as:hey
are now a party to the Property Owners Association
If the City Commission and the other parties consent to assignment as proposed a motion will be filed to modifY the existing
Court Order to conform to this agreement.
PROGRAM IMP ACT: None
FISCAL IMPACT: (Include Account Number where funds will come from)
None
ALTERNATIVES:
Retain administration of the Second Amended Mediation Agreement with the City, revising parking in accordance with the
agreement.
Quintu
Assistant to City Manager
~
Department Name
Department of Development
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
IN THE CIRCUIT 'JR T OF THE
1'Jl<TEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY, CNIL ACTION
CASE NO. CL 99-8505 AG
DSS PROPERTIES, LTD. and
DSS MANAGEMENT, INe. D/B/A
TWO GEORGES RESTAURANT,
Plaintiffs
vs.
CITY OF BOYNTON BEACH,
Defendant.
/
SECOND AMENDED l\1EDIA TION AGREEMENT
THIS SECOND AMENDED MEDIATION AGREE
"Second Amended Mediation Agreement") is entered into thi
and among:
(hereinafter referred to as the
day of 200~ by
DSS Properties Ltd.(n/kJa DSS Properties, L.c., a Florida limited liability
company), and DSS Management, Inc. d/b/a Two Georges Restaurant (hereinafter
collectively referred to as "Two Georges");
City of Boynton Beach, Florida (hereinafter referred to as the "City"); and
TRG-Boynton Beach, Ltd., a Florida limited partnership (hereinafter referred to as
"TRG"); and
IN CONSIDERATION of the mutual conditions and obligations hereinafter set forth, the
parties hereby agree as follows:
1. Amended Mediation A2"reement Rescinded. The Amended Mediation
Agreement (hereinafter the "Amended Mediation Agreement") entered into on June 12, 2000, by
Two Georges, the City, and Ocean Breeze Festival Park, Inc. (hereinafter referred to as "Ocean
Breeze"), TRG's predecessor-in-title, is hereby rescinded, and the rights of the parties shall be as
set forth in this Second Amended Mediation Agreement; however, the following terms of the
Amended Mediation Agreement shall continue:
a. The City shall not object to the stand-up waiting area (no food service)
located on the second floor of the Two Georges Restaurant, provided Two Georges shall
be required to obtain any necessary permits from other governmental agencies having
jurisdiction over the use of such area;
b. The ;c:;ting Two Georges parking as refleci )n Exhibit "A-I" attached
hereto may be used --- valet parking. The center aisle may bt- L..sed for valet queuing and
access, but shall otherwise be kept clear.
c. The City recognizes that the eXIstmg operation of the Two Georges
Restaurant, marina, and associated facilities are valid, legal, grandfathered non-
conforming uses. Such uses are further described and set forth in Exhibit "H" attached
hereto; and
d. The City recognizes that the Two Georges Restaurant (including the 2,300
square foot deck expansion heretofore constructed), the marina and associated facilities
may utilize improved parking on the six lots owned by Two Georges south of Ocean
Boulevard to meet the City's parking requirements.
2. Final TRG Site Plan. The final site plan for the TRG project, as approved by the
City and modified to conform to the provisions of this Second Amended Mediation Agreement,
is attached hereto as Exhibit "A" and shall control development of TRG's project, unless
provided otherwise in this Agreement.
3. DesiS!n of Casa Lorna Boulevard and the Turnaround; Public Access. The
design of Casa Loma Boulevard and turnaround area shall be as shown on Exhibit "A" and
Exhibit "A-I" attached hereto, and shall be open to public access; however, appropriate signage
shall be posted and maintained by the POA, as hereinafter defined, along the waterfront to
prohibit fishing off the Casa Lama Overlook, which prohibition shall be enforced by the POA, as
hereinafter defined. TRG, at its expense, shall modify the existing configuration of Casa Lama
Boulevard and the turnaround area to conform with such design. Two Georges and TRG agree
not to change the design of Casa Lorna Boulevard and the turnaround area as depicted on Exhibit
"A" and Exhibit "A-I" without the consent of the other, which consent shall not be unreasonably
withheld or delayed.
-~-
4. Two GeorS!es ParkinS! Spaces on Casa Loma Boulevard and Grandfathered
Businesses. Two Georges shall have the exclusive right to use the twenty-six (26) parking
spaces located on the south side of Casa Lama Boulevard and designated on Exhibit "A-I"
attached hereto as "Two Georges Spaces". Two Georges shall have the right to place appropriate
signs and/or pavement markings to identify said parking spaces for its customers. Two Georges
shall also have the right to enforce this provision by towing vehicles found to be in violation.
The utilization of the Two Georges Spaces or any other parking spaces provided for herein by
Two Georges shall not relieve Two Georges from complying with its obligations to provide
additional parking spaces on the lots south of Ocean Boulevard for parking spaces for the 2,300
square foot deck expansion heretofore constructed. The parties agree that there has been a
historical shortage of parking in the area along Casa Loma Boulevard.
Two Georges agrees that the businesses which operate on property owned or under the
control of Two Georges are as set forth on Exhibit "H" and that they are the only businesses
which are considered "grand-fathered" and entitled to operate without having to provide
additional on-site parking. Changes in use or expansion of the Two Georges Restaurant or the
businesses listed on Exhibit "H" occurring after the date of this Agreement shall require
compliance with City parking regulations in place at the time of the change in use or expansion.
The tables and chairs permitted by Paragraph 7 of this Second Amended Mediation Agreement
and the stand up area on the second floor of the Two Georges Restaurant shall not constitute a
change in use or expansion.
2
5. Two Georgt_ l'rash Compactor. Two Georges, at it" ,;xpense, and subject to its
ability to obtain the necessary permit(s) from the City, shall place its trash compactor
immediately west of the two (2) handicapped parking spaces located on the south side of Casa
Lorna Boulevard as shown on Exhibit "A-I" attached hereto. Two Georges, at its expense, shall
obtain all required City permits and construct all necessary improvements (including a
compactor enclosure consisting of 6-foot high e.B.S. walls and opaque gates) for the placement
of its compactor at that location within one hundred eighty (180) days following the Effective
Date. This one hundred eighty (180) day period may be extended in the event that the issuance
of the permit(s) is delayed by the issuing authority, as long as Two Georges is diligently
pursuing the issuance of such permit(s). The City's issuance of permits is not automatic, but is
contingent on compliance with all regulatory conditions for issuance of a permit. No conditions
of the City Code are impliedly waived by this provision. Two Georges shall be responsible for
the maintenance of its trash compactor and enclosure.
6. TRG Parkine Spaces on Casa Loma Boulevard. TRG shall have the
exclusive right to use fourteen (14) of the parking spaces located on the north side of Casa Lama
Boulevard and designated on Exhibit "A-I" attached hereto as "TRG Spaces". TRG shall have
the right to place appropriate signs and/or pavement markings to identify said parking spaces for
its customers/residents. TRG shall also have the right to enforce this provision by towing
vehicles found to be in violation. The remaining five (5) parking spaces located on the west end
of the nOlih side of Casa Lorna Boulevard shall be non-exclusive parking spaces available to
TRG, Two Georges, and the general public and shall be restricted to two hour parking~
7. Cas a Lorna Overlook. TRG agrees that the new restaurant and the adjacent
commercial/retail space and dockmaster's office to be constructed as part of the TRG Project will
not be located within the Casa Loma Boulevard Right-of-Way. The area between the new
restaurant and Two Georges Restaurant may have tables and chairs but will otherwise be kept
free of obstructions and shall be designed, constructed and maintained to allow for unrestricted
and free public access to the Casa Lorna Overlook; however, appropriate signage shall be posted
and maintained by the POA, as hereinafter defined, along the waterfront to prohibit fishing off
the Casa Lama Overlook, and such prohibition shall be enforced by the POA. Trash collection
trucks cannot go east of the turnaround (except for the purpose of turning around), and any
dumpsters for the new restaurant shall be a sealed container to eliminate leakage when rolled out
from the service entrance for removal and shall be stored in an air conditioned room so as to
reduce odors. All truck deliveries to the new restaurant service entrance shall be made prior to
11:00 AM.
8. Property Owner's Association. Prior to the Effective Date of this Second
Amended Mediation Agreement, TRG shall submit to City and Two Georges for review the
documents (hereinafter referred to as the "POA Documents") necessary for the establi."'-"'[)'-' r a
master property owner's association (hereinafter referred to as the "POA") which, wIth the
exception of those items set forth in Sub-paragraph b. of this Paragraph 8, shall have the
responsibility for the maintenance of Casa Lorna Boulevard, the Casa Lorna turnaround area, and
the Casa Loma Overlook as depicted on Exhibit "A" and Exhibit "A-I" attached hereto. The
POA Documents shall be consistent with the terms of this Paragraph 8.
a.
Reciprocal
Two Georges and TRG agree as follows:
TRG and Two Georges shall execute the Amendment to Declaration of
Easements in substantially the same form attached hereto as Exhibit "D",
3
which shall, amor '1ther things, amend Paragraph 5 0-' "' existing Declaration of
Reciprocal EasemelJ. , recorded in Official Records Book 11:-..;0, Page 539 of the Public
Records of Palm Beach County, Florida, to reflect the terms of this Paragraph 8;
b. TRG (or the POA as TRG's successor) and Two Georges shall each be
responsible for maintaining their respective sides of Casa Lama Boulevard as to
landscaping, irrigation, street lighting, and trash/debris collection and removal;
c. Two Georges shall not be responsible for the maintenance of the fountain
(if approved by the City and constructed); the gas tanks located beneath the proposed
fountain area and existing fuel pumps encroaching on the northeast corner of the Casa
Lama Overlook; or that portion of the turnaround area located on TRG's property as
depicted on Exhibit "A" and Exhibit "A-I" attached hereto;
d. TRG (or the POA as TRG's successor) shall have the obligation to
maintain Casa Lama Boulevard (including the turnaround area and Casa Lama Overlook)
in good condition and repair, including the resurfacing and re-striping the pavement; the
maintaining, repair and replacement of the interlocking pavers; and the posting,
maintaining, repair and replacement of traffic control signage (hereinafter referred to as
the "Casa Loma Boulevard Maintenance Expenses"). No later than fifteen (15) days
prior to perfonning any of the maintenance referred to herein (other than emergency
maintenance), TRG or the POA shall provide Two Georges with a written description and
cost estimate of the proposed maintenance for its review and approval, which shall not be
unreasonably withheld or delayed. Two Georges shall reimburse TRG or the PDA one-
half of the Casa Loma Boulevard Maintenance Expenses as set forth in the Declaration of
Reciprocal Easements, as amended by the Amendment to Declaration of Reciprocal
Easements attached hereto as Exhibit "D".
9. TRG Parkin!! Gara!!e. TRG agrees to construct, as part of the TRG project, a
multi-level parking garage (hereinafter referred to as the "TRG Parking Garage"). Seventy (70)
of the parking spaces contained in the TRG Parking Garage (hereinafter referred to as the "70
Spaces") shall be allocated as follows: (i) 35 parking spaces shall be unassigned and available
for use by the general public; and (ii) 35 parking spaces shall be assigned for the exclusive use of
Two Georges (patrons only). The 70 Spaces shall be identified with appropriate signs and/or
pavement markings, and Two Georges shall have the right to enforce the parking restriction
relative to their 35 parking spaces by towing vehicles found to be in violation. The 70 Spaces
shall be located on the ramp to the second level and the second level of the TRG Parking Garage
as shown on the diagram attached hereto as Exhibit "B". In the event Two Georges is able to
meet its parking requirements without having to utilize the 35 parking spaces assigned to Two
Georges in the TRG Parking Garage, and Two Georges obtains the necessary authorization from
the City to relocate such spaces, Two Georges shall release the 35 spaces to TRG or its successor
for unrestricted public use, and the parties' obligations under Paragraph 10 below shall cease as
to such spaces.
TRG's obligation to construct the 70 Spaces shall be contingent upon TRG
receiving minor site plan modification approval from the City within thirty (30) days following
the Effective Date, and TRG and the City's Community Redevelopment Agency (hereinafter
. referred to as the "CRA ") executing an agreement (hereinafter referred to as the "CRA
Agreement") pursuant to which the CRA shall agree to pay to TRG the sum of One Million Fifty
Thousand Dollars ($1,050,000.00) for constructing the 70 Spaces, such payment to be made in
accordance with the draw schedule attached hereto as Exhibit "I" or other draw schedule
4
acceptable to TRG. The C' "\grees that the changes to TRG's pro: which are necessitated by
this Second Amended Medi..."on Agreement shall be processed by L. . City as a minor site plan
modification. In the event that the City does not approve the minor site plan modification or
TRG and the CRA fail to enter into the CRA Agreement as provided herein, this Second
Amended Mediation Agreement shall be null and void, and the Amended Mediation Agreement
shall remain in full force and effect.
10. Two Geor2'es Share of TRG Parkin2' Gara2'e Maintenance Expense. Two
Georges shall reimburse TRG annually for a share of the reasonable costs of operating and
maintaining the TRG Parking Garage, which costs shall include, but not be limited to, costs of
utilities, liability and property damage insurance (the policies for which shall name the Two
Georges as an additional insured), supplies and repairs, maintenance, and life safety equipment
(hereinafter referred to as the "Garage Operating Costs"). Two Georges shall not be obligated to
pay property taxes for the TRG Parking Garage and shall not be responsible for any repairs to the
TRG Parking Garage that are the result of structural defects. TRG hereby agrees that the TRG
Parking Garage shall not now, or ever, have a guarded entry gate that would prohibit the public
from parking in the 70 Spaces, and that Two Georges shall not be responsible for any portion of
the costs of operating and maintaining the guarded entry gate or any other extraordinary
expenses associated only with the parking amenities for the residents and/or tenants of the TRG
project. Two Georges shall reimburse TRG for its share of the reasonable costs of Parking
Garage Costs ("Two Georges' Share") no later than March 1 of each year following the date that
the TRG Parking Garage receives a certificate of occupancy/completion. Two Georges' Share,
as limited herein, shall be calculated by multiplying the total Garage Operating Costs (to be
stated in an invoice and supporting documentation submitted by TRG to Two Georges not later
than February 1 of the year following the year for which such reimbursement is due) by a
fraction, the numerator of which is 35 and the denominator of which is the total number of
parking spaces contained in the TRG Garage; provided, however, that Two Georges' Share shall
not exceed $8,400.00 per year for the first two (2) years that Two Georges' Share is due, and
thereafter Two Georges's Share shall not increase by more than the Consumer Price Index annual
rate; and provided further that Two Georges' Share per parking space shall not exceed the
amount of Garage Operating Costs assessed per parking space to condominium unit owners
within the TRG project. Two Georges shall have a right of reasonable access to the books and
records documenting the Parking Garage Costs in the event of any questions relative to the
reasonableness thereof.
11. Drop-Off Area Construction. TRG agrees to construct the drop-off area located
along the east side of Marina Drive (N.E. 6th Street) south of Casa Loma Boulevard as shown on
Exhibit "A" and Exhibit "A-I" attached hereto.
12. Development Agreement Termination. Within thirty (30) days following
recording of the POA Documents and commencement of construction (site preparation excluded)
of the TRG Parking Garage, the City and TRG shall enter into an appropriate instrument to
cancel and terminate the Development Agreement between Ocean Breeze and the City dated July
1, 1997, as amended (hereinafter referred to as the "Development Agreement"), and the City
shall release the surety bond it is holding in the amount of $407,380 relating to the Development
Agreement. TRG shall continue to receive the credits (hereinafter referred to as the "Econorn.jc
Incentives") referred to in the letter from James A. Chero, ~=ity Attorney, to TRG dated
December 30, 2002, a copy of which is attached hereto as bxhibit "C". All right, claims or
benefits of Two Georges, if any, arising from the Development Agreement., are extinguished by
this Agreement.
5
13. Amendm of Declaration of Reciprocal ,ements; Declaration of
Restrictive Covenant; Access Easements. Ocean Breeze and Tw\..1 Georges entered into that
certain Declaration of Reciprocal Easements dated July 18, 2000, and recorded at Official
Records Book 11980, Page 539, Public Records of Palm Beach County, Florida (hereinafter
referred to as the "Declaration of Reciprocal Easements"). Within thirty (30) days following the
Effective Date of this Second Amended Mediation Agreement, TRG, as Ocean Breeze's
successor-in-title, and Two Georges shall finalize and execute, and have their respective
mortgagees execute, the Amendment to Declaration of Reciprocal Easements in substantially the
form attached hereto as Exhibit "D"; Two Georges, TRG and City shall finalize and execute, and
have Two Georges and TRG shall have their respective mortgagees execute, that certain
proposed Declaration of Restrictive Covenant with the Florida Department of Environmental
Protection substantially in the form attached hereto as Exhibit "E"; and TRG and Two Georges
shall execute, and have TRG shall have its mortgagee execute, access easements to TRG to
accommodate any construction activities on, or permanent improvements to Two Georges'
property as provided in this Second Amended Mediation Agreement, such access easements
being substantially in the form attached hereto as Exhibit "Fit.
14. Traffic Access Management Plan. During construction of the TRG Project,
TRG agrees to implement a traffic' access management plan, a copy of which is attached hereto
as Exhibit "G". The traffic access management plan addresses the manner in which TRG will
keep Casa Lorna Boulevard open for public safety, public works, customer, pedestrian, and ADA
access dUling construction of the TRG project.
15. Completion of TRG Project. In the event the TRG project, excluding the new
restaurant shown on Exhibit "A", is not completed, as evidenced by the issuance of appropriate
certificates of occupancy or completion, on or before December 31,2006, then TRG shall not be
entitled to the Economic Incentives referred to in Paragraph 12 above and shall refund any such
Economic Incentives which TRG or its successor has received from the City prior to that date.
16. Binding Al!reement. This Second Amended Mediation Agreement shall
be binding upon and inure to the benefit of the parties, and their successors, successors-in-title,
and assigns. TRG's rights and obligations hereunder may be assigned, in whole or in part, to a
condominium association, homeowner's association, or property owner's association established
for the TRG project.
17. Further Assurances. All parties will cooperate in good faith with each
other in the implementation of this Second Amended Mediation Agreement, and Two Georges
shall not object to the development of the TRG project consistent with this Amendment.
18. Effective Date. All parties agree to submit this Second Amended Mediation
Agreement to the court in the instant action for approval and request the court to continue to
retain jurisdiction for enforcement of this Second Amended Mediation Agreement. This Second
Amended Mediation Agreement shall become effective upon the entry of an order by such court
approving same (herein referred to as the "Effective Date").
19. Attorney's Fees. All parties shall bear their own costs and attorney fees
incurred in connection with the negotiation and drafting of this Second Amended Mediation
Agreement. Notwithstanding the foregoing, in the event of any litigation arising out of the
interpretation of this Second Amended Mediation Agreement, the prevailing party shall be
entitled to recover all reasonable costs and attorney's fees incurred at any and all levels of any
judicial proceedings.
6
20. City Comn..",.jion Approval. This SeconQ Amended Mediation
Agreement is subject to the approval of the City Commission. If, by December 31, 2003, the
CRA Agreement is not entered into by TRG and the eRA and the approval of this Second
Amended Mediation Agreement is not granted by the City Commission, then this Second
Amended Mediation Agreement shall be null and void.
Agreed to this ~ day Of~4j
, 200'i. by the undersigned parties:
D.S.S. Properties, L.C., a Florida limited
liability company, and D.S.S. Management,
Inc., a Florida corporation, d/b/a Two Georges
Restaurant
By: f:~~
i~LX~ .. ~:<. -~
TRG-Boynton Beach, Ltd., a Florida limited
partnership
By:
City of Boynton Beach, a Florida municipal
corporation
h~
BY'
ren~rL _ 7A Y o,e
itle: 1-14 y o~
I
7
,~\~:vy,
I ():r
III I" '~ (J
0\ /rv '"
J- "......... _- v
"'rON
VI.-CONSENT AGENDA
ITEM J.
CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) IZl March 5,2007 February 12, 2007 (Noon)
0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM IZl Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: To authorize Vice-Mayor Jose Rodriquez to participate and serve as the City
Commissioner's representative on the Youth Violence Prevention Project Steering Committee.
EXPLANATION: On February 13, 2007 the City Commission authorized accepting the implementation of the
Youth Violence Prevention Project (YVPP). As part of this comprehensive strategy, a steering committee will be
convened to address an array of issues and risk factors that contribute to the violence in the City of Boynton
Beach. The board will be diverse and represent key policy and administrative leaders (with decision-making
responsibilities) of agencies and community organizations (Le., schools, business, community leaders, faith
community, city department heads, housing, health, employment, law enforcement, corrections, etc.) concerned
with youth violence. The membership from the initial development team will change as this board will consist of
people that can exert influence and effect change. There will be sub-committees that will develop as a result of the
decisions that come out of the Steering Committee. The prestige and influence of this board will give the effort
legitimacy.
PROGRAM IMP ACT: None
FISCAL IMPACT: (Include Account Number where funds will come from) None
'ty Commissioner's representative.
City Manager's Signature
Assistant to City Manager fW../
I ' 'I ~
~\~l(;l h\~y 'vmet ~(!j( \ill 6/~
.. Department Name
City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
(f(
"\
(-
VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) D
D January 2,2007 December 18, 2006 (Noon) ~ March 5, 2007 February 12,2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
D February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrati ve D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Authorize the use of$1,500 for Boynton Beach Symphony Orchestra, $3,000 for Community
Caring Center and $1,000 for Dancer's Alchemy from Commission Weiland's Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of the following:
. $1,500 for Boynton Beach Symphony Orchestra to defer cost of performance.
. $3,000 for Community Caring Center to provide food for center.
· $1,000 for Dancer's Alchemy to provide funding for upcoming state competitions. Attached are the minutes
indicating approval of Community Investment Funds for this organization ( 11/21/06 & 11/1/2005 City Commission
Minutes).
PROGRAM IMPACT: Allocation of funds will assist the above programs.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
ALTERNATIVES: Decline to authorize the requested use.
City Manager's Signature
A"ismn~~~J__
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
November 1, 2005
Motion
Vice Mayor McCray moved to postpone Item E.3. Motion seconded by Commissioner McKoy and
unanimously carried.
F. Return cash bond of $770.00 to Wood King Cabinets for the project known as
Wood King (loft addition).
G. Return cash bond of $3,300.00 to MJA Construction Corp. for the project known
as Quantum Park.
H. Return cash bond of $2,200.00 to Bliss Construction for the project known as
Hunters Run Country Club (Phase II)
1. Return cash bond of $10,000.00 to D. R. Horton, Inc. for the project known as
Parkside Village at Quantum Park.
J. Authorize the Financial Service Department to reduce the Allowance for
Uncollectible Accounts by $138,341.19 in Sanitation Fund, by $126,535.15 in the
General Fund, by $2,777.75 in the Water & Sewer Fund and by $1,765.00 in the
Boynton Beach Memorial Park Fund.
Vice Mayor McCray pulled Item VI.J. for discussion.
K. Return cash bond of $30,000 to Centex Homes for the project known as The
Harbors (pool/cabana)
L. Authorize the use of Community Investment Funds from Mayor Taylor in the
amount of $500 for the Dancer's Alchemy, Inc.
Motion
Vice Mayor McCray moved to approve the Consent Agenda, as amended. Motion seconded by
Commissioner McKoy and unanimously carried.
B.4. Approve the purchase of recap tires from Pride Enterprises on an "As Needed
Basis" with an annual expenditure of $55,000.00.
Commissioner McKoy inquired if the vendor in item B. 4 and B. 5 were the same. Mr. Bressner
noted there was another question whether using recap tires resulted in a cost savings.
However, staff has not had an opportunity to do an analysis.
Mayor Taylor pointed out the backup indicated they were two separate companies. Price wise,
the cost for a new tire is $296 and a recap tire is $73 that resulted in a $223 difference.
Commissioner Ensler said he spoke with Mr. Bressner this morning because he had safety
concerns using recap tires. He did not think that price should be the only consideration,
because recap tires' warranty is probably different from a warranty for new tires. Further, what
18
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 2, 2007
Requested by Mayor/Commissioner: Commissioner Weiland
Amount Requested: $1,000.00
Recipient/Payee: Dancer's Alchemy, Inc.
Description of project, program, or activity to be funded: Funds are to be used to provide
funding to Dancer's Alchemy, Inc. for upcoming state competitions.
Dated:3)~J()'/
By: rChr- W~
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 $15,000. $0.00 has been used to date by the requesting Member, leaving a
balance of available funds of $15,000. This request would bring the available amount down
to $14,000.
Accordingly:
)( There are funds available as requested
o There are insufficient funds available as
Dated: . ~ ~.1 0 7
I t
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
o The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated BY~4~
. ity Manager
/I
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
The Dancer's Alchemy, Inc.
A non-profft OtfIMIDtIon promoting
the A1t of Dance In the community
140 North Cong..... Avenue
Boynton 8Mch, R. 33426
561.736.9097
Dear Business Owner I Personal Friend,
well as attend dance classes to perfect their art
and serve the community on average of 50 - 70
hours per season. These young dancers will make
a positive Impact on the lives of many and will
also learn life long lessons that cannot be taught
In a dassroom.
Your donation will be
. tax deductible and will -
CIRJ In finanCing
COStuming, --.......
transportation,
education and
workshops for this season of performances.
The Dancer's Alchemy Is an organization
comprised of diverse professionals and youth,
united to raise funds for the development of
community based programs. Vtllizing the
performing art and education of dance as a tool,
company members
promote the many
attributes the art
form has to offer all
people, not only
artistically and
visually, but
intellecbJally and
physically as well.
Our goal is to make
our community more
aware of the Arts
and the huge impact
the Arts have on
developing
successful, well
rounded, young
individuals. The
dancers that
represent our
programs contribute
to the education of
others through their entertainment and
demonstrations, in hopes of producing liFe-time
supporters of the Arts, or inspiring people to
study dance as a recreation, creative outlet or
serious career goal.
sOtAthe-rYll Strut V€U\.Cet T eamt
ArtI'4t(.ooV~: Mi.cMeLM~
The Southern Strut
Dance Team is
comprised of dancers
ages 9 - 18, which the
Dancer's Alchemy Inc.
will support with the
help of donations from
area businesses,
people and
corporations interested
in supporting the Arts
and recognizing the
merit of young people
giving back to the
community .
In return for your generosity, your name or your
business name will appear In the programs given
at all public appearances, as a sponsor of the
Southern Strut Dance Team and supporter of The
Dancer's Alchemy, Inc.
The performers of these groups will be required
to keep high grade pOint averages In school as
Division of Corporations
Page 1 of2
Florida Non Profit
THE DANCER'S ALCHEMY, INC.
PRINCIPAL ADDRESS
140 NORTH CONGRESS AVE #8B
BOYNTON BEACH FL 33426
MAILING ADDRESS
140 NORTH CONGRESS AVE #8B
BOYNTON BEACH FL 33426
Document Number
N02000005837
FEI Number
161620182
Date Filed
08/01/2002
State
FL
Status
ACTIVE
Effective Date
NONE
egIs ere .gen
I Name & Address I
GREENL Y, PENNI
140 NORTH CONGRESS AVE. #8B
BOYNTON BEACH FL 33426
I Name Changed: 02/13/2003 I
I Address Changed: 02/] 3/2003 I
R .t
dA
t
I Name & Address II Title I
GREENL Y, PENN] 8
140 NORTH CONGRESS AVE #8B
BOYNTON BEACH FL 33426
LEWIN, JEANN]E D
140 N CONGRESS AVE 8B
BOYNTON BEACH FL 33426
MOTE, ADRIANA 8
140 NORTH CONGRESS AVE #8B
BOYNTON BEACH FL 33426
I II I
Officer/Director Detail
file:/ /C: \Documents%20and%20Settings\costelloj. CITY\Local %20Settings\ T emporary%20I... 3/2/2007
Division of Corporations
Page 2 of2
BOYNTON BEACH FL 33426
DEISER, KRISTEN
140 N CONGRESS AVE 8B
L:J
D
D
COMAS. LAURA
140 NORTH CONGRESS AVE #8B
BOYNTON BEACH FL 33426
MORSE. MICHAEL
140 NORTH CONGRESS AVE #8B
BOYNTON BEACH FL 33426
~~.~_.-1
A
IR
rt
nnua epo s
I Report Year II Filed Date I
I 2005 II 04/25/2005 I
I 2006 II 03/13/2006 I
I 2007 II 01/04/2007 I
No Events
No Name History Information
Document Images
Listed below are the images available for this filing.
01/04/2007 -- ANNUAL REPORT
03/13/2006 -- ANN REPIUNIFORM BUS REP
04/25/2005 -- ANN REPIUNIFORM BUS REP
04/01/2004 -- ANN REPIUNIFORM BUS REP
02/13/2003 -- COR - ANN REPIUNIFORM BUS REP
08/01/2002 -- Domestic Non-Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
file:/ /C :\Documents%20and%20Settings\costelloj. CITY\Local%20Settings\ Temporary%20I... 3/2/2007
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 2, 2007
Requested by Mayor/Commissioner: Commissioner Weiland
Amount Requested: $1,500.00
Recipient/Payee: Boynton Beach Symphony Orchestra
Description of project, program, or activity to be funded: Monetary donation to defer cost of
performance.
Dated: -3/J. Ja r'J
By:~ u.dJl
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 $15,000. $4,000 has been used to date by the requesting Member, leaving a
balance of available funds of $11 ,000. This request would bring the available amount down
to $9,500.
Accordingly:
'" There are funds available as requested
o There are insufficient funds available as
Dated: d~ I () 7
/ {
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
o The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
BY:iIfr' ~~
y anager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM
06.doc
Dated:
REVISED05-
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 2, 2007
Requested by Mayor/Commissioner: Commissioner Weiland
Amount Requested: $3,000.00
Recipient/Payee: Community Caring Center
Description of project, program, or activity to be funded: Funds are to be used to provide
food for the Community Caring Center.
Dated: ,3J~Jor;
By: r~ C-v}~
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 $15,000. $1,000 has been used to date by the requesting Member, leaving a
balance of available funds of $14,000. This request would bring the available amount down
to $11,000.
Accordinglr
A There are funds available as requested
o There are insufficient funds available as r
Dated:
d~/o,
I (
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
o The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
By 11# ;hLz~
ty Manager
Dated:
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20, 2006 (Noon.) D
D January 2, 2007 December 18, 2006 (Noon) [g]
D January 16, 2007 January 2, 2007 (Noon) D
D February 6, 2007 January 16,2007 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o
-..J
February 5, 2007 (Noon)-T1
jI'l
0'
February 20, 2007 (Noon)\
-..J
March 20, 2007
March 5, 2007 (Noon)
:po
:x
'2
:=->
,::> -1
:::j-<
-<0
..J ...,
:1:0
;1l C>
AJ-<
:c~%
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o:z:
""cc
~l"T'I
(""))>
f'T1('")
::I:
February 13,2007
March 5, 2007
April 3, 2007
March 19, 2007 (Noon)
NATURE OF
AGENDA ITEM
D
D
D
D
[g]
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
D
D
[g]
D
D
U1
City Manager's Report
New Business
Legal
Unfinished Business
RECOMMENDATION: Please place this request on the March 5, 2007 City Commission Agenda under Public
Hearing and Legal, Ordinance-First Reading. The Planning and Development Board on January 23,2007, and the Community
Redevelopment Agency Board on February 6, 2007, recommended that this request be approved. Staff also recommends that
this request be approved, for compliance with State requirements described in 9163.3180(16), F.S. For additional
information, please see attached staff memorandum and the draft ordinance.
EXPLANATION: This item is referred to as the Proportionate Fair-Share Mitigation Program (CDRV 07-001), which
amends the Land Development Regulations, Chapter 1.5, "Planning and Development Generally", by adding Article VIII,
"Proportionate Fair-Share Mitigation of Transportation Impact", to allow for proportionate share contributions from
developers toward traffic concurrency requirements by contributing their share of the cost of improving the impacted
transportation facility. The ordinance also amends Sections 6, 8, and 9 of Article VI, "Concurrency Requirement", to
establish a system to monitor level of service on local roads. In 2005, the Florida State Legislature adopted amendments to the
state growth management program which directed all local governments to adopt a methodology for assessing proportionate
fair-share mitigation options. The methodology contained in the proposed ordinance was subsequently developed by the
Florida Department of Transportation and allows for calculation of the proportionate fair-share mitigation, which can include
private funds, contributions of land, and construction and contribution of facilities. A local government may not require a
developers to pay more than the proportionate fair-share contribution. Moreover, the Proportionate Fair-Share Mitigation
Program is only applicable if transportation facilities or facility segments identified as mitigation for traffic impacts are
specifically identified for funding in the 5-year schedule of capital improvements in the capital improvements element of the
Comprehensive Plan.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
kg"", Signature
Assistant to City Manager C/JJI-/
Devel
~ --- -~~
./ Planning and ZOning~irector City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-001 Proportional Fairshare Mitigation\Agenda Item Request December 5,2006 - April
3,2007.doc
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
(Fr.
"'\-
DEPARTMENT OF DEVELOPMENT
Planning & Zoning Division
Memorandum No. PZ 07- 004
FROM:
Chair and Members
Planning and Development Board
Community Redevelopment Agency Board and
Mayor and City Commission
Hanna Matr~
Economic Planner
TO:
THROUGH:
Michael W. Rumpf
Director of Planning and Zoning
DATE:
January 17, 2007
SUBJECT:
Proportionate Fair-Share Mitigation Program
Concurrency was established as the backbone to the Florida's growth management
system. The purpose of concurrency management is to ensure that the necessary public
facilities and services are available concurrent with the impacts of development.
Transportation concurrency is based on the level of service standards for roadway
facilities, which are defined in the City's Comprehensive Plan.
The level of service standards in the Comprehensive Plan apply to all roadways within
the City limits. However, it is Palm Beach County that has countywide responsibility for
transportation concurrency management through its Charter. This concurrency
management system is defined by the County's Traffic Performance Standards
Ordinance. The ordinance does not apply to "local" roads - roads within the City that
are not the responsibility of Palm Beach County or the Florida Department of
Transportation (FDOT). Currently, there is no system in place to monitor level of service
on local roads.
The 2005 amendments to the Florida's growth management legislation directed local
governments to enact concurrency management ordinances that allow for
"proportionate share" contributions from developers toward concurrency requirements.
The intent of the proportionate fair-share option is to provide applicants for
development an opportunity to proceed under certain conditions, notwithstanding the
failure of transportation concurrency, by contributing their share of the cost of
improving the impacted transportation facility.
The deadline for enactment of the ordinance was December 1, 2006. At the beginning
of 2006 the City contacted the Florida Department of Community Affairs (DCA) with the
request for review of the need for a proportionate fair-share mitigation program for
municipal governments operating under the Palm Beach County's Traffic Performance
Standards Ordinance. Initially, both City and County staff considered the municipal-
level ordinance unnecessary; however, DCA disagreed and it was not until November
2006 that the State confirmed its position that the City is subject to the program as
required by g163.3180(16), F.S..
The enactment of the proportionate fair-share program for the City requires
establishment of the transportation concurrency review for local roadway facilities.
Therefore, the relevant sections of the City's concurrency ordinance need to be
amended to include local road concurrency review. The City's proportionate fair-share
program will apply only to these facilities; roadways which are under the jurisdiction of
Palm Beach County or FDOT will operate under a similar program enacted by the
County.
The draft ordinance is based on the template developed for DCA by the Florida
Department of Transportation.
1 ORDINANCE NO. 07 -
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING CHAPTER 1.5, ARTICLE VI OF THE CITY'S LAND
5 DEVELOPMENT REGULATIONS, ENTITLED "CONCURRENCY
6 REQUIREMENTS"; AMENDING SECTION 6, ENTITLED "PUBLIC
7 FACILITIES SHALL BE AVAILABLE FOR DEVELOPMENT
8 PROJECTS CONSISTENT WITH ADOPTED LEVELS OF SERVICE";
9 AMENDING SECTION 8, ENTITLED "ARTICLES OF
10 ADMINISTRATION"; AMENDING SECTION 9, ENTITLED
11 "PROCEDURES FOR CERTIFICATION OR CONDITIONAL
12 CERTIFICATION OF CONCURRENCY"; PROVIDING AUTHORITY
13 TO REVIEW CONCURRENCY STANDARDS; CREATING ARTICLE
14 VIII, TO PROVIDE FOR THE ENACTMENT OF A PROPORTIONATE
15 FAIR-SHARE MITIGATION ORDINANCE; PROVIDING FOR
16 CODIFICATION, CONFLICTS, SEVERABILITY AND PROVIDING
17 FOR AN EFFECTIVE DATE.
18
19 WHEREAS, Palm Beach County is responsible for maintaining the concurrency
20 standards on county and state roads located within the City of Boynton Beach (hereinafter
21 referred to as the "City"); and
22 WHEREAS, the City Commission deems it to be in the best interests of the citizens
23 and residents of the City for the City's administrative staff to maintain concurrency
24 standards on the City roads located within its jurisdiction; and
25 WHEREAS, the 2005 Florida State Legislature adopted amendments to the state
26 growth management program which directed local governments to comply with a
27 requirement that "proportionate share contributions" be accepted from developers in
28 satisfaction of statewide transportation concurrency requirements; and
29 WHEREAS, pursuant to Section 163.3180, Florida Statutes, the City is required to
30 enact an ordinance to provide that the City accept proportionate share contributions from
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 1 of 11
S:\CA \Ordinances\2007 (Prop Share Ordinance) ] -19-07.doc
I
1 developers in order to satisfy statewide transportation concurrency requirements; and
2 WHEREAS, the City Commission deems it to be in the best interests of the health,
3 safety and welfare of the citizens and residents of the City to create Article VIII in Chapter
4 1.5 of the City's Land Development Regulations as provided herein.
5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
6 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
7
Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and
8 confirmed as being true and correct, and are hereby incorporated herein and made a part
9 hereof.
10
Section 6 of Article VI of the City of Boynton Beach land
Section 2.
11 Development Regulations, entitled "Public facilities shall be available for development
12 projects consistent with adopted levels of service", is hereby amended as follows:
13 Section. 6. Public facilities shall be available for development
14 consistent with adopted levels of service
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proj ects
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C. For roads that are the responsibility of Palm Beach County or the Florida
Department of Transportation (FDOT), the requirements set forth in subsection
(a) above shall be satisfied if the development order or permit complies with the
Palm Beach County Traffic Performances Standards Ordinance. In the event
that the Palm Beach County Traffic Performance Standards Ordinance is
repealed, the conditions which apply shall be those which were set forth in the
most recent Palm Beach County Traffic Performance Standards Ordinance
which was in effect in the City, except that any levels of service for particular
roadway links which are adopted in the city's comprehensive plan shall apply to
those links.
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Words in strike through type are deletions from existing law;
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D. For a roadway facility that is not the responsibility of Palm Beach
County or the Florida Department of Transportation (FDOT) and which is
subiect to the Proportionate Fair-Share Agreement pursuant to Chapter 1.5,
Article VIII of the City's Land Development Regulations, the timing of
improvements set as a condition of development approval is determined bv the
five-year capital improvement schedule in the Capital Improvement Element of
the Comprehensive Plan, or otherwise established by said Agreement.
I*.J:1 In determining whether public facilities are available consistent with
the requirements of this section and Section 5, the demand for such public
facilities which would be created by other development orders and pennits
which are exempt, or for which certification of concurrency or conditional
certification of concurrency has been issued shall be taken into account.
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Section 3.
Section 8 of Article VI of the City of Boynton Beach Land
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Development Regulations, entitled "Articles of Administration", is hereby amended as
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follows:
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Section 8. Articles of Administration
F. The City Engineer shall review all applications for development orders
and permits for compliance with the requirements of Section 5, for the purpose
of determining whether the adopted levels of service for roadways within the
City which are not the responsibility of Palm Beach County or the Florida
Department of transportation would be maintained.
Section 4.
Section 9 of Article VI of the City of Boynton Beach Land
Development Regulations, entitled "Procedures for certification or conditional certification
of concurrency", is hereby amended as follows:
Section. 9 Procedures for certification or conditional certification of
concurrency
C. Review to determine adequacy of public facilities.
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2. Rules of general applicability.
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d. Categories of development orders and permits for which concurrency may be
certified or conditionally certified.
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Roads. Certification of concurrency or conditional certification for road
facilities shall be issued only for "A" category development orders and permits.
as defined in Section 4.
Section 5.
Chapter 1.5, Article VIII of the City of Boynton Beach Land
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Development Code, entitled "Proportionate fair-share mitigation of transportation impact",
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is hereby created as follows:
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Article VIII. Proportionate Fair Share Mitigation of Transportation Impact
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Section 1. Purpose and Intent. The purpose of this section is to establish
a method whereby the impacts of development on transportation
facilities can be mitigated by the cooperative efforts of the public and
private sectors. to be known as the Proportionate Fair-Share Program. as
required by and in a manner consistent with &163.3180(6). F.S.. as
amended from time to time.
Section 2. Applicability. The Proportionate Fair-Share Program
shall apply to all developments that fail to meet the standards of this
division on a roadway within the City that is not the responsibility of
Palm Beach County or the Florida Department of Transportation
(FDOT). The Proportionate Fair-Share Program does not apply to
Developments of Regional Impact (DRIs) using proportionate fair-share
under &163.3180(2). F.S.. proiects exempted from this division. or for
proiects that received traffic concurrency approval prior to January 1.
2007.
CODING:
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Words in underlined type are additions.
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Section 3. General Requirements. An applicant may choose to satisfy
the transportation concurrency requirements by making a proportionate
fair-share contribution. so long as each of the following requirements
are met:
1. The proposed development is consistent
comprehensive plan and applicable land
regulations.
with the
development
2. The road improvement necessary to maintain the LOS for
transportation is identified in the five-year schedule of capital
improvements in the Capital Improvement Element of the
Comprehensive Plan.
3. Any improvement proiect proposed to meet the developer's
fair-share obligation shall meet the City's design standards for
locally maintained roadways.
4. Intergovernmental Coordination Pursuant to policies in the
Intergovernmental Coordination Element of the Comprehensive
Plan. the City shall coordinate with Palm Beach County and other
affected iurisdictions such as FDOT. regarding mitigation to
impacted facilities not under the iurisdiction of the local
government receiving the application for proportionate fair-share
mitigation.
Section 4.
Application Process
1. In the event of a lack of capacity. the applicant shall have the
opportunity to satisfy transportation concurrency requirements
through the Proportionate Fair-Share Program subiect to the
requirements of subsection (b).
2. Prior to the submittal of an application. eligible applicants
shall schedule a pre-application meeting with City staff.
Subsequent to the pre-application meeting. eligible applicants
shall submit a completed development application and all
documentation requested by the City. If the impacted facility is
on the Strategic Intermodal System (SIS). then FDOT will be
notified and invited to participate in the pre-application meeting.
The City shall also have the option of notifying and inviting
Palm Beach County.
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
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3. City staff shall review the application and certify that the
application is sufficient and complete within 14 working days. If
an application is determined to be insufficient. incomplete or
inconsistent with the general requirements of the Proportionate
Fair-Share Program as indicated in subsection (b). then the
applicant will be notified in writing of the reasons for such
deficiencies. If such deficiencies are not remedied by the
applicant within 30 days of receipt of the written notification.
then the application will be deemed withdrawn and all fees
forfeited to the City. unless the City determines that the
applicant is working toward a remedy of the stated deficiencies
in good faith. in which case the City may extend the deadline as
deemed appropriate by the City.
4. Pursuant to &163.3l80(6)(e). F.S.. as amended from time to
time. proposed proportionate fair-share mitigation for
development impacts to facilities on the SIS requires the
concurrency of the FDOT. The applicant shall submit evidence
of an agreement between the applicant and the FDOT for
inclusion in the proportionate fair-share agreement.
5. When an application is deemed sufficient and complete in
accordance with subparagraph 3. above. the applicant shall be
advised in writing and a proposed proportionate fair-share
obligation and binding agreement prepared by the City shall be
executed by the applicant and delivered to the appropriate parties
for review. including a coPy to the FDOT for any proposed
proportionate fair-share mitigation on a SIS facility. no later than
60 days from the date at which the applicant received the
notification of a sufficient and complete application. If the
agreement is not received by the City within these 60 days. then
the application will be deemed withdrawn and all fees forfeited
to the City. unless the City determines that the applicant is
working toward a remedy of the stated deficiencies in good faith.
in which case the City may extend the deadline as deemed
appropriate by the City.
6. No proportionate fair-share agreement will be effective until
approved by the City through an administrative approval.
Section 5.
Determining Proportionate Fair-Share Obligation
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
S:ICAIOrdinances\2007 (Prop Share Ordinance) 1-19-07.doc
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CODING:
1. Proportionate fair-share mitIgation for transportation
concurrency impacts may include. without limitation. separately
or collectively. private funds. contributions of land. and
construction and contribution of facilities.
2. A development eligible for participation under the
Proportionate Fair-Share Program shall not be required to pay
more than its proportionate fair-share. The fair market value of
the proportionate fair-share mitigation for the impacted facilities
shall not differ regardless of the method of mitigation.
3. The methodology used to calculate a development's
proportionate fair-share obligation shall be as provided for in
9163.3180(2). F.S.. as follows:
The cumulative number of trips from the proposed
development expected to reach roadways during peak hours
from the complete build out of a stage or phase being approved,
divided by the change in the peak hour maximum service
volume (MSV) of roadways resulting from construction of an
improvement necessary to maintain the adopted LOS.
multiplied by the construction cost. at the time of developer
payment. of the improvement necessary to maintain the adopted
LOS.
Mathematically stated as:
Proportionate Fair-Share E rr(Development TripSi)/(SV
IncreaseD] x Costil
Where:
Development Tripsj = Those peak hour trips from the stage or
phase of development under review that are assigned to
roadway segment "i" and have triggered a deficiency per the
City's concurrency management system;
SV Increasej = Peak hour service volume increase provided by
the eligible improvement to roadway segment "i" per
subsection (b);
Costj = Adiusted cost of the improvement to segment Hi". Cost
shall include all improvements and associated costs. such as
design. right-of-way acquisition. planning. engineering review,
inspection. administration. and physical development costs
directly associated with construction at the anticipated cost,
including contingencies. in the year it will be incurred.
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
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4. For the purposes of determining proportionate fair-share
obligations. the City Engineer shall determine improvement
costs based upon the actual and/or anticipated cost of the
improvement in the year that construction will occur.
5. If an improvement is proposed by the applicant. then the
value of the improvement shall be based on an engineer's
certified cost estimate provided by the applicant and approved
by the City Engineer or by some other method approved by the
City Engineer.
Section 6.
Impact Fee Credit for Proportionate Fair-Share Mitigation
1. Proportionate fair-share contributions shall be applied as
a credit against road impact fees to the extent that all or a
portion of the proportionate fair-share mitigation is used to
address the same capital infrastructure improvements
contemplated by road impact fees which may hereafter be
established by the City.
2. The proportionate fair-share obligation is intended to
mitigate the transportation impacts of a proposed proiect. As a
result. any road impact fee credit based upon proportionate
fair-share contributions for a proposed proiect cannot be
transferred to any other proiect.
Section 7.
Proportionate Fair-Share Agreements
Upon execution of a proportionate fair-share agreement
eement" the a licant shall receive a certification of
concurrency reservation for capital road facilities. Should the
applicant fail to apply for a development permit within 12
months. then the Agreement shall be considered null and void.
and the applicant shall be required to reapply. unless the Cit)T
and the applicant mutually agree to an extension.
2. Payment of the proportionate fair-share contribution is
due in full no later than issuance of the first building permit.
and shall be non-refundable. If the payment is submitted more
than 90 days from the date of execution of the Agreement. then
the proportionate fair-share cost shall be recalculated at the
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
S:ICAIOrdinances\2007 (Prop Share Ordinance) 1-19-07.doc
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Section 8.
CODING:
time of payment. pursuant to subsection (e) and adiusted
accordingly.
3. In the event an Agreement requires the applicant to pay
or build 100 percent of one or more road improvements. all
such improvements shall be commenced prior to issuance of a
building permit and assured by a binding agreement that is
accompanied by a Performance Security. as determined by the
City. which is sufficient to ensure the completion of all
required improvements.
4. Dedication of necessary rights-of-way for facility
improvements pursuant to a proportionate fair-share agreement
shall be completed prior to issuance of the first building
permit.
5. Any requested change to a development subsequent to
the issuance of a development order may be subiect to
additional proportionate fair-share contributions to the extent
the change would generate additional traffic that would require
additional mitigation.
6. Applicants may submit a letter to withdraw from the
proportionate fair-share agreement at any time prior to the
execution of the agreement. The application fee and any
associated advertising costs paid to the City will be non-
refundable.
Appropriation of Fair-Share Revenues
1. Proportionate fair-share revenues shall be placed in the
appropriate proiect account for funding of scheduled
improvements in the CIE. or as otherwise established in the
terms of the proportionate fair-share agreement. Proportionate
fair-share revenues may be used as the 50 percent local match
for funding under the FDOT TRIP. or any other matching
requirement for State and Federal grant programs as may be
allowed by law.
2. In the event a scheduled facility improvement is removed
from the CIE. then the revenues collected for its construction
may be applied toward the construction of another
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 9 of 11
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improvement within the City that would mitigate the impacts
of development pursuant to the requirements of subsection (b).
4
Section 6.
It is the intention of the City Commission of the City of Boynton
5 Beach, Florida that the provisions of this ordinance shall become and be made a part of the
6 City of Boynton Beach Land Development Regulations. The sections of this ordinance may
7 be re-numbered or re-Iettered and the word "ordinance" may be changed to "section,"
8 "article," or such other appropriate word or phrase in order to accomplish such intentions.
9
Section 7.
All Ordinances or parts of Ordinances, Resolutions or parts of
10 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
11 conflict.
12
Section 8.
If any clause, section, or other part or application of this Ordinance shall
13 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
14 unconstitutional or invalid part or application shall be considered as eliminated and so not
15 affecting the validity of the remaining portions or applications remaining in full force and
16 effect.
17
Section 9.
This Ordinance shall become effective immediately upon its passage
18 and adoption.
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 10 of 11
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FIRST READING, this _ day of March, 2007.
SECOND, FINAL READING AND PASSAGE, this
,2007.
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23 ATTEST:
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27 Janet Prainito, City Clerk
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31 (CORPORATE SEAL)
32
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 11 of 11
S:\CA\Ordinances\2007 (Prop Share Ordinance) 1-19-07 doc
Meeting Minutes
Planning and Development
Boynton Beach, Florida
January 23, 2007
5. Communications and Announcements
Mike Rumpf, Planning and Zoning Director, explained the City Clerk had requested a
correction to the minutes as contained on the agenda. The correction was not indicated
in the approval of the minutes.
Motion
Mr. Cwynar moved to reconsider the approval of the minutes. Mr. Saberson seconded
the motion that unanimously passed.
Motion
Mr. Cwynar moved to approve the minutes as corrected. Mr. Saberson seconded the
motion that unanimously passed.
Mr. Rumpf provided an update and announced the City Commission approved the
Evaluation and Appraisal Report (EAR) and Resolution 06-204. The revised EAR was
sent to the State for final review. The Pylon Interstate Plaza variance for a reduction in
parking spaces was approved, High Ridge New Urban PUD site plan time extension was
approved, and the Miraflor Annexation, Land Use Amendment and Rezoning, and New
Site Plan were approved on second reading.
Mr. Rumpf indicated members of other boards have requested the City Clerk provide the
minutes to the members via email. He requested anyone wishing to receive them
electronically should let him know or contact the City Clerk's office.
A joint workshop was being scheduled for January 3D, 2007 regarding Workforce
Housing for the City at 6:30 p.m. at the Library regarding Workforce Housing for the
City. Staff had drafted an ordinance to implement the program.
Chair Wische announced he had a request from Hanna Matras, Economic Planner to
hear item G first. There were no objections from the board.
(Heard out of order)
G. Code Review
1.
Project:
Proportionate fair-share mitigation program
(CDRV 07-001)
City-initiated as per 163.3180(16), Florida Statutes.
Amendment of Land Development Regulations,
Chapter 1.5, Article VI. Concurrency Requirements,
to comply with new growth management legislation
directing local governments to adopt a
methodology for assessing proportionate fair-share
contributions from developers to meet traffic
concurrency requirements for local roads.
Agent:
Description:
2
Meeting Minutes
Planning and Development
Boynton Beach, Florida
January 23, 2007
Hanna Matras, Economic Planner, advised the board the State was requiring all local
governments in Florida have a program for traffic concurrency. They missed the
December 1, 2006 deadline because the Department of Community Affairs (DCA) was
not clear whether the City would fall under the purview of the County, who was in
charge of traffic concurrency programs. This item would add Article 8 to Chapter 1.5
and amended Concurrency Requirements, Chapter 6.
The program provided a methodology for developers, when they added road capacity
over the adopted Level of Service (LOS) to pay its share towards improvements of the
impacted facilities. The Ordinance was drafted by the Department of Transportation at
the request of DCA, and contained all the State requirements. Ms. Matras explained the
formula was complex and was contained in the Ordinance.
When trips generated by new development cause the road to exceed the adopted LOS,
the developer will contribute towards their improvements if those facilities were going to
be improved by the City and were contained within the City's Five-Year Capital
Improvement Plan. At this juncture, there are no capital improvements for local roads;
only repaving is required. In the future when capital improvements fall within the City's
jurisdiction, the program could be used. For the present moment, the City has to have
the program because the State requires it. Ms. Matras recommended the board approve
the amendment.
Mr. Cwynar asked what Level of Service was being used. Ms. Matras responded they
were looking at Level of Service "0", which is contained in the adopted Comprehensive
Plan and in the Code.
Motion
Ms. Jaskiewicz moved to approve the amendment. Mr. Saberson seconded the motion
that passed 6-1 (Mr. Cwynar dissenting).
6. Unfinished Business:
A. Cortina at Boynton Village
Site Plan Extension
Description:
Cortina at Boynton Village (SPTE 06-012)
Stephen B. Liller, K. Hovanian Homes
Hovstone Properties Florida, LLC
Boynton Village, northeast corner of Old Boynton
Road and Congress Avenue.
Request for a one year site plan time extension for
site plan approval granted on September 20, 2005,
from September 20, 2006 to September 20, 2007
1.
Project:
Agent:
Owner:
Location:
3
err
XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20, 2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) ~ March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative ~ New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Accept the presentation made to the commission at Pre-Agenda on March 2nd regarding the
environmental study at the golf course and the adjacent landfill to be overseen by The Florida Department of
Environmental Protection (FDEP).
EXPLANATION: The golf course site and landfill are being evaluated to determine the possible uses of these areas.
Mr. Joe McGarrity, Environmental Specialist 3 of the Waste Management Section of FDEP will be here on Thursday,
March 1st to visit the golf course and landfill. This visit pertains to the DEP Grant from the Brownfield Program. He
will provide a brochure to the commission and explain what his department does and the process for this project. Mr.
McGarrity will be accompanied by Mr. Joe Ourix, a Lakes Program Administrator and a Brownfield Coordinator
will also be with him.
PROGRAM IMPACT: The recommendations by the FDEP following their evaluations will determine if the land
associated with the golf course and landfill can be used in alternative ways.
FISCAL IMPACT:
ALTERNATIVES: Not to allow the presentation.
~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Florida.s Brownfields Site Specific Activity Program
.\hout the Program
Florida's Site Specific Activity (SSA) Program was
established to assist eligible applicants in evaluat-
ing and cleaning up contamination at potential
Brownfield sites. Site specific activities are in-
tended to supplement and support other redevelop-
ment efforts initiated by EPA and Florida's Brown-
fields Redevelopment Programs. FDEP's SSAs
are funded by EPA under CERCLA Section 128 (a)
grant program.
Uigihilit~
Eligible applicants include local governments, re-
gional planning councils, redevelopment agencies,
non-profit organizations, individuals affected by a
release or threat of a release of hazardous sub-
stances, government entities and prospective pur-
chasers or private property owners.
\rti\ it~ I ~ pl....
DEP provides successful applicants environmental
services through Department contractors. Typically,
the following types of SSAs are completed:
Phase I Assessments
Phase II Assessments
Limited Source Removals
Contamination Assessments
Risk Assessments
Feasibility Studies
{ nil t.ll I .
Joseph McGarritty, SSA Program Coordinator
Joseph. McGarrity@dep.state.fl.us
(850)245-8979
Teresa Booeshaghi, Assistant Program Coordinator
Teresa. Booeshaqhi@dep.state.fl.us
(850) 245-8989
Kim Walker, Florida Brownfields Liaison
Kim. Walker@dep.state.fl.us
(850) 245-8934
SSA applications and additional program information can be ob-
tained by visiting our website at:
http://www.dep.state.fl.us/waste/cateqories/brownfields/default.htm
FLORIDA
BROWNFIELDS
REDEVELOPMENT PROGRAM
TRANSFORMING COMMUNITIES
Brownfield site means real property, the expansion, redevelopment or reuse of which may be
complicated by actual or perceived environmental contamination. 376.79(3), F.S.
Brownfield area means a contiguous area of one or more brownfield sites, some of which may
not be contaminated, and which has been designated by a local government by resolution. Such
areas may include all or portions of community redevelopment areas, enterprise zones,
empowerment zones, other such designated economically deprived communities and areas, and
Environmental Protection Agency-designated brownfield pilot projects. 376.79(4), F.S.
Brownfields Program
Process
BROWNFIELD AREA
DESIGNATION
By Local Government
.
IDENTIFICATION OF
RESPONSIBLE
PERSON
-~.
EXECUTION OF
CLEANUP
AGREEMENT
--I
IMPLEMENTATION OF
CONTAMINATED SITE
CLEANUP
-.
"NFA" LETTER FROM
DEP
BROWNFIELD PROGRAM TERMS
Responsible Person-Person Re-
sponsible for Brownfield Site Reha-
bilitation or PRFBSR
Agreement-Brownfield Site Reha-
ilitation Agreement or BSRA
NFA-No Further Action (Le., Site
Rehabilitation Completion Order or
SRCO)
BROWNFIELDS PROGRAM BENEFITS
Brownfield Area Designation
. Bonus refund for job creation-up to $2,500 per job
. Loan guarantees for primary lenders
. Up to 50% on all sites
. Up to 75% when end use is affordable housing
. Sales tax credit on building materials
. Brownfield area benefits administered by Enterprise Florida, Inc.
Brownfield Site Rehabilitation Agreement
. All benefits of Brownfield Area
. Regulatory framework for cleanup (Chapter 62-785, F.A.C.)
. Dedicated staff-expedited technical review
. Liability protection
. Tax credits
. Florida corporate income tax
. Credits may be transferred one time
. Brownfield Site Rehabilitation Agreement benefits administered by
DEP
Summary of Available Tax Creclits
Tax Credit Type {I.u; IIC3tl:]I' f../1 -:11 ;~lLlfl1 !~ -Ji' t:: C JS,:o 111:::11; ed ",fIer
FfeOLle'ncy > r~) )(3
Site Rehabilitation Annually 50% $500,000
No Further Action Once 25% $500,000
(Le. SRCO)
Affordable Housing Once 25% $500,000
Solid Waste
(Removal, Transport, Once 50% $500,000
and Disposal)
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FDEP Targeted Brownfields Assessment
City of Boynton Beach's Landfill
Palm Beach County Golf Course
3/2/07
Overview:
. May-June 06: Site-Specific Activities (SSA) application submitted by City of
Boynton Beach for Targeted Brownfields Assessment (TBA) assistance. The
City requested:
o Environmental assessment of the golf course and the former landfill
properties; and
o Feasibility study and risk assessment (if necessary) to identify corrective
action options associated with future land use considerations.
. Relocate golf course to landfill property and redevelop golf course to
construct attainable housing units; or
· Redevelop landfill for recreational and open space uses; or
· Keep land use "as is" until permit expires in 20 12
. October 06: SSA approved by DEP, project completion during FY07 budget
period.
o Project budget limited to $100,00; provided "as needed"; and
o DEP environmental consultant, Tetra Tech NUS, Inc., will complete work;
and
o Environmental assessment and Feasibility Study based on State Brownfield
Program Cleanup criteria.
· Chapter 62-785 F .S.; Risk Based Corrective Action Criteria
Projected Schedule
. March 07
o Conduct site reconnaissance and develop Contamination Assessment Plan
(CAP)
. April-May 07
o Finalize CAP; conduct environmental sampling
. June-July 07
o Prepare Contamination Assessment Report (CAR)
o Identify gaps and collect supplemental assessment data, if necessary
. August-September 07
o Finalize Supplemental Contamination Assessment
o Initiate Feasibility Study-Pending available funding
Project Contacts
. Joseph McGarrity, SSA Program Coordinator
DEP Bureau of Waste Cleanup
850/245-8979
i oseph.mcgarrity@dep.state.fl.us
. Art Torvela, Brownfields Coordinator
DEP Southeast District
561/681-6676
art. torvela@dep.state.fl.us
. Teresa Booeshaghi, Assistant SSA Program Coordinator
DEP Bureau of Waste Cleanup
850/245-8989
teresa. booeshaghi@dep.state.fl.us
. Gerald Walker, Professional Geologist
Tetra Tech NUS Inc.
850//385-9866 ext. 26
gerry. walker@ttnus.com
BrownfieldlWaste Cleanup Program Contacts
. Joe Lurix, Program Administrator
DEP Southeast District
561/681-6672
j oe.1 urix@dep.state.fl.us
. Kim Walker, DEP Brownfield Liaison
Bureau of Waste Cleanup
850/245-8934
kim. walker@dep.state.fl.us
Mike Norman, Brownfields Coordinator
U.S. Environmental Protection Agency
Region 4
404/562-8972
norman.michael@epamail.epa.gov
XI. - NEW BUSINESS
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 C itv Clerk's Office
0 December 5, 2006 November 20, 2006 (Noon,) 0
0 January 2, 2007 December 18, 2006 (Noon) [gJ March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative [gJ New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Accept City Manager's status report on the negotiations between the City of Boynton Beach, the
Community Redevelopment Agency (CRA) and Intown Partners, LLC (Developer) regarding the Hear of Boynton
Community Redevelopment of Martin Luther King Corridor Project.
EXPLANA TlON: The negotiation session was held on February 16,2007 in City Hall and was open to the public. The
discussions can be characterized as productive. The developer will be forwarding a series of information requests on
infrastructure, parking demand and building mix data. This information is essential if the City is to provide an accurate
assessment of costs. Please find attached the following ancillary documents:
Exhibit "A": The issues summary prepared from the City perspective for the business issues.
Exhibit "B": A clean copy of the developer'~ latest draft agreement.
Exhibit "C": A recap of the issues from the negotiations meeting
Exhibit "D": Minutes of the meeting prepared by the City Clerk's Office.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
AL TERNA TlVES: Not to accept the City Manager's report on the negotiations.
Department Head's Signature
Assistant to City Manager
C;wt/
Department Name
City Attorney / Finance
SIBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
RECAP OF CITY/CRA/DEVELOPER MEETING OF 2/16/07
ISSUE AS POSED BY CITY
DENSITY
. 20 DUA(development units per acre)
. 20% workforce housing per pending
City guidelines
. Allocated by developer across entire
site
. No high rise (3 stories or less) on
west or adjacent to existing
residential
. Quality development monetary
incentive by City/CRA-
$ (See
"CITY/CRA/COUNTY FUNDING"
below)
LAND ACQUISITION PHASE
. Complete acquisition by 7/1/07
. City/CRA property conveyance to
developer in escrow with release
contemporaneous with closing on
last developer acquired property
. City/CRA property reverts to
City/CRA on 7/2/07 if developer
fails to acquire 100% of property
within entire 26 acre project area
. City/CRA will suspend all land
acquisition efforts
. MLK redevelopment project efforts
end on failure to consolidate land
. If developer fails to acquire project
property City/CRA have 90 day
option to purchase developer owned
land or take assignment of pending
contract at cost.
OUTCOME
DEVELOPERS RESPONSE
Developer proposed 40 DUA with a 20%
workforce housing component and
suggestion that they would work on
increasing the percentage of workforce
housing above the 20%.
Developer rejected the 20 DUA proposal as
economically impossible, citing the May
2006 Treasure Coast Planning Council
Study. The Developer would not commit to
calculating a City/CRA contribution to
offset the economic impact of a 20 DUA
project.
Phase One (approximately nine acres
bordered by Seacrest Boulevard on the
west) may approach the City's 20 DUA
target.
I
The Developer contemplates a three phase
development. The original proposal to the
CRA indicated complete project build out
by 2012. The Developer preliminaril y
indicated they would commence
development from the west to the east.
The Developer believes they can acquire
the property necessary for Phase One by
12/31/07.
The City Attorney advised the Developer
not to anticipate that the City would use its
power of eminent domain to acquire any
property in the project area.
The Developer agreed with the City's
position that the City and CRA disengage
from all activity, directly or indirectly, to
acquire property in the target area. The
. Developer urged the City to assert its
influence to revent third arties, includin
ISSUE AS POSED BY CITY OUTCOME
DEVELOPERS RESPONSE
Faith Based organizations from seeking to
acquire property in the redevelopment area
as that effort has the effect of inflating the
price of property.
The Developer is requesting that the City
adopt a moratorium on development in the
project area.
The Developer requested the City
strengthen its nuisance abatement process.
The Developer did not express objection to
the proposed restrictions on conveyance of
City and CRA property or on the City and
CRA's option to acquire the Developer's
property if the project does not move
forward. The business terms of the latter
were not discussed but can be anticipated.
The Developer is requesting 90% of the
TlF for fifteen years to finance its land
acquisition and project development costs.
RELOCA TlON COSTS The Developer concurred with the City's
policy recommendation that relocation
. Limit to residential and institutional costs be capped to exclude property owners
properties that are paid more than ten percent (10%)
. Limit to properties acquired at above appraised value for their property.
appraised value plus 10% The Developer does seek the flexibility to
deviate from the ten percent (10%) rule but
no specifics were provided.
CITY PLANS/PERMIT PROCESSING Developer agreed.
. City will appoint facilitator
SEQUENCE OF DEVELOPMENT The Developer requested that the City
consider possible Code amendments to
. Master Plan submission- 10/1/07 adjust thresholds related to the initiation of
comprehensive plan and master plan
processes. The Developer will provide
detailed Code based suggestions for
ISSUE AS POSED BY CITY
OUTCOME
DEVELOPERS RESPONSE
I modification.
I
In response the City indicated it has a
model for modifying land development
regulations, last used to facilitate the SMU
(Suburban Mixed Use) developments.
~
I
I
I CITY/CRA/COUNTY FUNDING
. The City/CRA and possibly the
County would provide funding to the
developer to achieve the 20%
du/20% workforce housing target.
The developer is responsible for
calculating the amount and to suggest
methods and timing of payments.
Contributions may include the City
and CRA making land available to
the developer and other contributions
as suggested by the developer. I
I
The Developer will not provide the funding
requirements for them to meet the 20 DUA
City standard. The draft Agreement
presented at the meeting by the Developer
allows for up to 40 DUA yet still requires
City and CRA incentives.
The negotiations will commence on a date yet to be established with the understanding
that the parties will conclude the Development Agreement negotiations at that meeting.
Following the next negotiation session the Development Agreement will be presented to
the City Commission and the CRA for discussion and approval as appropriate.
It is anticipated that the City and the Developer will continue activity to modify the draft
Development Agreement as necessary prior to the next actual negotiation session. This
drafting will be done through the City Attorney's office with the expectation that
substantive and non-substantive provisions of the Development Agreement will be
narrowed before the next negotiation session.
A copy of the Developer's revised Development Agreement is attached to this
memorandum. There are redlined versions of the document available if you wish to see
the changes from the previous CRA draft. Your attention is directed to Article 8,
Developer Commitments, which contains sub-components titled "Contributions by CRA"
and "Contributions by City".
This summary has been prepared the City Manager and City Attorney who are available
to provide additional details regarding the negotiations.
A recording Secretary from the City Clerk's office was in attendance. Detailed minutes
are being prepared and will be forwarded to you as soon as they are ready.
02/16/07
FEBRUARY 16,2007
DENSITY
. 20 DUA
. 20% workforce housing per pending City guidelines
. Allocated by developer across entire site
. No high rise (3 stories or less) on west or adjacent to existing residential
. Quality development monetary incentive by City/CR.A.-$ (See
"CITY/CRA/COUNTY FUNDING" below)
LAND ACQUISITION PHASE
. Complete acquisition by 7/1/07
. City/CRA property conveyance to developer in escrow with release
contemporaneous with closing on last developer acquired property
. City/CRA property reverts to City/CRA on 7/2/07 if developer faHs to acquire 100%
of property within entire 26 acre proj eet area
. City/CR.A. will suspend all land acquisition efforts
. MLK redevelopment project efforts end on failure to consolidate land
. If developer fails to acquire project property City/CRA have 90 day option to
purchase developer owned land or take assignment of pending contract at cost.
RELOCATION COSTS
. Limit to residential and institutional properties
. Limit to properties acquired at appraised value plus 10%
CITY PLANS/PERMIT PROCESSING
. City will appoint facilitator
SEQUENCE OF DEVELOPMENT
. Master Plan submission- 10/1/07
CITY /CRAlCOUNTY FUNDING
. The City/CRA and possibly the County would provide funding to the developer to
achieve the 20% du/20% workforce housing target. The developer is responsible for
calculating the amount and to suggest methods and timing of payments.
Contributions may include the City and eRA making land available to the developer
and other contributions as suggested by the developer.
HEART OF BOYNTON COMMUNITY REDEVELOPMENT
MARTIN LUTHER KING CORRIDOR PROJECT
BOYNTON BEACH, FLORlDA
DEVELOPMENT AND DISPOSITION AGREEMENT
BY AND AMONG
CITY OF BOYNTON BEACH
("City")
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
("CRA")
AND
lNTOWN PARTNERS, LLC
("Developer")
Dated as of 02/15/07
434677.5
TABLE OF CONTENTS
I. Definitions..,.,.........................,.......,...... ............... ....... ....
II. The Project.,.................,.............,.. ......".... ........................
III. Regulatory Approvals.....,............ .....,... ............... ... ......... ......
IV. Effectiveness, Parties' Obligations, Default............... ...........,.......
V. Project Representatives, Key Personnel, Project Administration.,...,:.,.
VI. Relocation Assistance Policy................".,....... ........................
VII. Acquisition of Third-Party Properties and City/CRA Land Sales
Transaction........................................,........................... ....
VIII. Developer Commitments..., ..... ...... ... ... ......... .........,.....,.... .......
IX. Financing.......................................,.,.................................
X. Project Construction, Operation and Management Requirements........,.
XI. Omitted. . . . . . . .. . . . .. , . . . . . . . . . ... . . . .. . . . . . .. . . . . . . . . . . . .. . . . .. . .. . . . .. , .. . . . .. . ...
XII, Community Development District. . . . . , ... . . . . , .... . . . . .. . , , .. .. . . ... .. . ... . ...
XIII. Transfers and Assignments,.. ... ........................ ........................
XIV. Damage, Destruction and Restoration....,........ .... .... .......,. ......., ....
XV. Condemnation. . . .. . .. . . . . ... . .. . .., . . .. . .. . .. . , .. ... .. .. . . . . . . . . . . .. .. . . . . . .. . . . ...
XVI. No Subordination.. . . . . . . . . . . . . . . .. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
XVII. Requirements..................,.........................................,...........
XVIII. No Liability for Injury or Damage, Etc..........................................
XIX. Representations and Warranties... . . . . .. .. . . .. . . . .. , . . . . . . , .. . , . . . . . . . .... . . . . ...
XX. Omitted..................,....................
XXI. Notices, Consents and Approvals........... .... ...... ...... .........,...... .....
XXII. Indictment, Investigations, Etc.,..,. .....,.......,................ ......... ......
XXIII. Omitted .., .. . . . . . . . . . . . . ... . . . . ... . . . ... . . . .. . . . . . .. . .....
XXIV, Miscellaneo us.. . .. , , . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . .. . .. .. . . . . . . .. . . , . . .. . , . , . . .. .
434677.5
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Page 8
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Page 11
Page 17
Page 18
Page 19
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Page 33
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Exhibit A
Exhibit A-I
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit I
Exhibit J
Exhibit M
Exhibit N
Exhibit 0
Exhibit P
Exhibit Q
Exhibit R
434677.5
LIST OF EXHIBITS
Conceptual Master Plan
Conceptual Density, Intensity and Mix of Use Table
Conceptual Master Development Schedule
Development Approvals
City Properties - Property Control Numbers
CRA Properties - Property Control Numbers
Third-Party Properties - Property Control Numbers
Omitted
Omitted
Omi tted
Form of Interlocal Agreement
Project Documents
Required Contract Provisions
Memorandum of Development and Disposition Agreement
Insurance Requirements
Site Legal Description
MLK CORRIDOR DEVELOPMENT CITY OF BOYNTON BEACH
THIS DEVELOPMENT AND DISPOSITION AGREEMENT (the "Agreement") is
made this _ day of , 2007, by and among the City of Boynton Beach, Florida, a
municipal corporation existing under the laws of the State of Florida (the "City"), the Boynton
Beach Community Redevelopment Agency, a public body corporate and politic created pursuant
to Chapter 163, Part III, Fla. Stats. ("CRA") and Intown Partners, LLC, a Florida limited liability
company (the "Developer").
RECITALS:
The CRA approved the issuance of a Request for Proposals ("RFP") for Developer for
the redevelopment of the Martin Luther King East Corridor in the Heart of Boynton ("MLK
Corridor Development").
Developer submitted a proposal ("Developer's Proposal") in response to the RFP.
After presentations by developers and public input on August 17, 2006, the eRA
selected the Developer's Proposal, and named the Developer as the preferred Master Developer
for the MLK Corridor Development.
The CRA, City and Developer now desire to enter into a definitive agreement concerning
their respective obligations for the redevelopment of the MLK Corridor Development.
The parties hereto agree that the establishment of a Community Development District (a
special purpose unit of local government to be created by the City Commission of the City of
Boynton Beach) is the best alternative to assure that the community maintenance standards will
continue after the Developer has completed redevelopment of the MLK Corridor Development.
The City, the CRA and Developer are determined to work cooperatively to create a
Community Development District (the "District") to plan, construct, acquire, operate and
maintain infrastructure systems and facilities benefiting the MLK Corridor Development.
NOW, THEREFORE, it is hereby covenanted and agreed by and among the parties
hereto that this Agreement is made upon the terms, covenants and conditions hereinafter set
forth.
ARTICLE I
DEFINITIONS
For all purposes of this Agreement, the following terms shall have the following
meanings:
"ADA" means The Americans with Disabilities Act of 1990, as amended, together with
any rules or regulations promulgated thereunder, or any successor act thereto.
"Affiliates" means, with respect to the Developer, any other Person directly or indirectly
controlling or controlled by Developer, or under direct or indirect common control with the
Developer.
"Agency" or "CRA" means the Boynton Beach Community Redevelopment Agency and
any assignee or transferee of all of the Agency's rights, obligations and interests herein, from and
after the date of any such assignment or transfer thereof (by operation of law or otherwise).
"Agreement" means, collectively, this Development and Disposition Agreement and all
exhibits and attachments hereto, as any of the same may be modified hereafter.
"Architect" means the architect designated by Developer.
"CDD Bonds" means any bond or other financing which may be issued or imposed by a
CDD.
"City" m~ans the City of Boynton Beach, Florida.
"City Properties" means those certain parcels of real property located in the MLK
Corridor Development owned by the City, the property control numbers of which are set forth on
the attached Exhibit "D"; and any other parcels of real property assembled and acquired by the
City to be transferred to the Developer in connection with the redevelopment of the MLK
Corridor Development.
"Completion Guarantee" shall mean any and all guarantees provided to assure
completion of construction of the Project or a Phase therein.
"Conceptual Master Development Schedule" means the development schedule attached
hereto as Exhibit "B", as it may be modified from time to time.
"Conceptual Master Plan" means the plan for redevelopment of the MLK Corridor
Development as proposed by the Developer in its RFP, attached hereto as Exhibit "A", as it may
modified from time to time.
"Concept Plan" means and refers to the Developer's Proposal submitted in response to
the CRA's Request for Proposal.
"CRA Plan" means the Heart of Boynton Community Redevelopment Plan, as the same
may be modified from time to time.
"CRA's Proiect Representative" means the individual designated by eRA to represent
CRA in its dealings with the Developer as set forth in Section 5 .1 (b) below.
"CRA Properties" means those certain parcels of real property located in the MLK
Corridor Development owned by CRA, the property control numbers of which are set forth on
the attached Exhibit "E"; and any other parcels of real property assembled and acquired by CRA
to be transferred to the Developer in cormection with the redevelopment of the MLK Corridor
Development.
"Default" means any condition or event, or failure of any condition or event to occur,
which constitutes, or would after the giving of notice, lapse of time or both, an Event of Default
under the terms of this Agreement.
"Default Notice" means notice of Default given by the CRA to the Developer under the
2
tenns of this Agreement as provided in Section 4.5(c) below.
"Developer" means Master Developer for the MLK Corridor Development, Intown
Partners, LLC, its successors and permitted assigns.
"Developer's Proiect Representative" means Samantha Simons or Richard Baron, and/or
the individual(s) designated by the Developer to represent the Developer in its dealing with the
CRA and the City as set forth in Section 5.1 (a) below.
"Development ApprovaUs)" means all permits and approvals necessary for the
redevelopment of the MLK Corridor Development in accordance' with the Conceptual Master
Plan and Master Site Plan.
"District" means the Community Development District to be formed pursuant to
Chapter 190, Fla. Stats., for the MLK Corridor Development.
"Due Dili~ence" means examination of the history and physical conditions and
characteristics of any portion of the Project Site to determine if it is suitable for development for
the purpose intended as set forth in the Agreement.
"EEO Program" means the program established by the developer pursuant to Section
10.11 below,
"Effective Date" means the date this Agreement is fully executed and delivered by all
parties hereto.
"Event of Default" means the Developer's breach of the terms of this Agreement as
described in Section 4.5 below.
"Final CO" means a final certificate(s) of occupancy issued by the City's Building
Department for all or a portion of any constructed improvements.
"Force Maieure" means delays due to any of the following (provided that such delay is
beyond a Party's reasonable control): strikes, slowdowns, lockouts, acts of God, inability to
obtain labor or materials, war, enemy action, civil commotion, fire, casualty, abnormal weather
conditions, litigation, including eminent domain litigation, a court order which causes a delay,
delays in governmental approvals, the application of any Requirement, or other such cause
beyond such Party's reasonable control.
"Governmental Authority or Authorities" means the United States of America, the State,
the City, Palm Beach County, the CRA, the District, any other community development district
and any agency, department, commission, board, bureau, instrumentality or political subdivision,
now existing or hereafter created, having jurisdiction over Developer and/or the Project.
"Hazardous Substances" means (1) petroleum and its constituents; (2) radon gas,
asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment which
contain dielectric fluid containing levels of polychlorinated biphenyl in excess of Federal, state
or local safety guidelines, whichever are more stringent; (3) any substance, gas, material or
chemical which is or may during the Term of this Agreement be defined as or included in the
definition of "hazardous substances," "hazardous materials," "hazardous wastes," "pollutants or
3
contaminants," "solid wastes" or words of similar import under any Requirement including the
Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42
U.S.c. S 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. S
1801, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.c. S 6901, et
seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. S 1251, et seq.; and Fla.
Stats., Chapters 376 and 403; and (4) any other chemical, material, gas or substance, the
exposure to or release of which is regulated by any governmental or quasi-governmental entity
having jurisdiction over the Project Site or the operations thereon.
"Improvements" means all items which are to be constructed as part of the MLK
Corridor Development.
"Infrastructure Improvements" means additional infrastructure and/or renovations and
repairs to existing infrastructure required for the Project or a Phase thereof.
"Interim Milestone Dates" are the estimated dates for completion of a certain activities
as provided in the Conceptual Master Development Schedule, attached hereto as Exhibit "B."
"lnterlocal Agreement" means the agreement to be executed ;unong the CRA, the City
and the District governing the financing, development, construction, operation, maintenance of,
and acquisition of land for, the Infrastructure Improvements, substantially in the form attached as
Exhibit "M" hereto, including all exhibits, appendices and schedules thereto.
"Master Site Plan" means the site plan for the Project or a Phase thereof which will be
provided to the City and CRA within 240 days of the Developer's delivery of notice to the City
and eRA that a sufficient nwnber of parcels have been acquired in order to proceed with
development of the Project or Phase.
"Notice" means any written demand, request, consent, approval or other communication
with respect hereto or to the Project Site sent by one Party hereto to the another Party sent in the
manner provided for in Section 21.1 below.
"Parcel" means a parcel of real property which is part of the MLK Corridor
Development.
"Party" means Developer, the CRA or the City as indicated by the context.
"Parties" means, colJectively, the Developer, the CRA and the City.
"Person" means an individual, corporation, partnership, joint venture, limited liability
company, limited liability partnership, estate, trust, unincorporated association or other entity;
any Federal, state, county or municipal government or any bureau, department, political
subdivision or agency thereof; and any fiduciary acting in such capacity on behalf of any of the
foregoing.
"Phase" means a portion of the Project being developed in phases.
"Plans and Specifications" means schematic plans, design development plans and
construction plans for the project component.
4
"Pre-Approval Period" means the period from the Effective Date to the date of receipt of
the Development Approvals required for the development ofthe Project or a Phase as set forth in
Section 4.2.
"Proiect" means the MLK Corridor Development depicted and described in Exhibit "A"
and as further described in Article II.
"Proiect Documents" means this Agreement, the Exhibits attached hereto, the Interlocal
Agreement and the other documents listed on Exhibit "N" hereto.
"Proiect Site" means the property depicted in Exhibit "R" and described in Section 2.1
below, for development of the MLK Corridor Development.
"Redevelopment Trust Fund" has the meaning pursuant to Section 163.387, Fla, Stats.
"Relocation Assistance Policy" means the requirements as described in Article VI for
relocation of the current occupants and residents ofMLK Corridor Development area.
"Requirements" means the requirements the Developer is obligated to comply with in
the perfonnance of its obligations under this Agreement as stated in Section 17 .1 (b) below.
"State" means the State of Florida.
"Substantial Completion" means (1) the completion of all improvements with respect to
the Project or a Phase in substantial accordance with the applicable Plans and Specifications
therefor and all applicable Requirements, as evidenced by the issuance of a Final CO; (2)
delivery to the CRA of a final "as-built" survey showing the completed Improvements; (3)
delivery to the CRA of a full and complete set of "as-built" Plans and Specifications, or their
equivalent, certified by the Architect; and (3) delivery to the CRA of evidence reasonably
satisfactory to the CRA that such Improvements have been substantially completed, including
receipt of final contractor .affidavits and lien waivers and releases, except for any such liens
being contested in accordance with the provisions of this Agreement.
"Tax Increment Revenues" mean ad valorem taxes collected on taxable properties above
the Tax Increment Base year within the Project Site and deposited in the Redevelopment Trust
Fund.
"Tax Increment Base Year" means the year of the most recent ad valorem tax
assessment roll used by each taxing authority prior to the effective date of the ordinance
providing for the funding of the Redevelopment Trust Fund.
"Tenn" means the period commencing on the Effective Date and, subject to earlier
termination as provided hereunder, expiring on the earlier to occur of the dissolution of the CRA
or Substantial Completion of all Phases of the Project.
"Third-Partv Properties" means Parcels of property located in the Project Site which are
owned by Persons who are not a party to this Agreement.
"TIF" means tax increment financing pursuant to Chapter 163, Fla. Stats., including TIF
Bonds or BANS or other obligations, including CDD Bonds, which are secured by Tax
5
Increment Revenues pursuant to Section 163.387, Fla. Stats.
"TIF Bonds" means any bonds or other long term financing permitted to be issued by
the CRA or the City under Chapter 163 or 166, Fla. Stats.
"Title Commitment" means a commitment from Turnkey Title Company to issue an
AL T A title insurance policy insuring the Developer's ownership interest in a Parcel of real
property in accordance with this Agreement.
"Workforce Housing" means housing that which will be sold or rented to persons
earning between 60% to 150% of the Palm Beach County median household income, adjusted
for household size.
ARTICLE II
THE PROJECT
Section 2.1 Project Site
The MLK Corridor project area is from the east side of North Seacrest Boulevard to and
including the west side of US 1 between the north side of N.E. 9th A venue to and including the
south side of N.E. 11 th Avenue. The legal description of the Project Site is contained in Exhibit
"'R,"
Section 2.2 Proiect Description
(a) The Project consists of a cohesive plan for a mixed-use development composed of
single and multifamily housing and neighborhood retail with service uses, as depicted on the
attached Exhibits "A" and "A-I."
------ ..
(b) The Project will be implemented through Master Site Planes) which will be
consistent witp a Heart of Boynton Redevelopment Plan, as may be modified hereafter, subject
to changes necessary to accommodate market conditions and make the Project feasible. The
Master Site Planes) will overlap with recommendations contained in Treasure Coast Regional
Planning Council's HOB Plan Feasibility Analysis.
(c) The Parties agree to amend the Conceptual Master Plan (Exhibit "A") and
Density, Intensity and Mix of Use Table (Exhibit "A-l "), if necessary to secure financing from
lenders and/or investors provided equity capital. The CRA agrees that consent to an amendment
to these exhibits proposed by Developer shall not be unreasonably withheld, delayed or denied.
Section 2.3 Sequence of Development/Phasing The Conceptual Master Development
Schedule is estimated and may be subject to amendment due to unforeseen circumstances, and
Holdout Parcels. The Parties agree to approve reasonable amendments and that agreement
thereto shall not be unreasonably withheld, delayed or denied,
ARTICLE III
REGULATOR Y APPRO V ALS
6
Section 3.1 Development Approvals and Fast-Track Processing.
(a) Following the acquisition of a sufficient number of parcels necessary for the
development of the Project or a Phase therein, the Developer shall apply for all Development
Approvals necessary to commence development of the Project or Phase. In the event any of the
Development Approvals include a requirement that the City or CRA, as a property owner,
provide its joinder or consent to the Developer, the City and the CRA agree to provide such
joinders and consents. All parties hereto agree to use their best efforts to obtain the
Development Approvals to keep the development pace moving in accordance with the time
frames set forth in the Conceptual Master Development Schedule.
(b) The City agrees to take steps to facilitate permitting, reduce processing time and
champion public Development Approvals. The City agrees to organize a one-stop office to
receive applications for City approvals where the Developer can coordinate all approvals through
one representative for the City.
ARTICLE IV
EFFECTIVENESS AND TERMINATION OBLIGATIONS:
EVENTS OR DEFAULTS: BREACH: REMEDIES
Section 4.1 Effectiveness and Termination
This Agreement shall be effective as of the Effective Date and shall terminate on the date
of Substantial Completion (as defmed in Article I) of the Project, unless sooner terminated
pursuant to the terms of this Agreement.
Section 4.2
Parties' Obli~ations During Pre-Approval Period
(a) During the period from the Effective Date to the date of receipt of the
Development Approvals ("Pre-Approval Period"), Developer, City and CRA shall each use all
reasonable efforts to secure all necessary Development Approvals in an expedited manner.
(b) Unless caused by a Force Majeure or by actions or omissions of the City or the
CRA, Developer shall complete its Due Diligence investigation of the Project Site within _
months from the Effective Date. Developer shall provide the City and the CRA with a copy of
all Due Diligence reports prepared by or for the Developer promptly upon the receipt or
completion of such reports. In no event shall the Due Diligence reports be used or relied upon by
the City or the CRA to create any liability upon the Developer. Promptly upon completion of
Due Diligence, the Developer restore the Project Site to its condition prior to the Developer
conducting its Due Diligence investigations of the Project Site. Within thirty (30) days after the
Effective Date, City and CRA deliver to the Developer all studies, reports, documents or other
information in their possession or in the possession of any of the City's or the CRA' s engineers,
consultants or agents relating to the physical, geotechnical, environmental, chemical, geological,
hydrological, archaeological, historical or biological characteristics of the Project Site.
7
(d) Each Party shall, on a regular monthly basis, provide the other Party with a
written report describing the status of its efforts to secure the Development Approvals. As
reasonably requested by each Party, the Parties shall meet to discuss these efforts and the
information provided in such reports.
Section 4.3 Developer Termination Rights. Developer shall have the right, upon
\Vritten notice to the City and the CRA, to terminate this Agreement and all other Project
Documents to which it is a party if:
(a) The CRA's or City's authority to enter into and carry out the provision of this
Agreement is invalidated pursuant to a final decree of a Court of competent jurisdiction,
provided that Developer's obligations Wlder this Agreement shall only be terminated as to its
obligations to the Party without authority;
(b) The City or CRA breaches the terms of this Agreement, which breach is not cured
within thirty (30) days after the City andlor CRA has received written notice of such breach from
the Developer, provided that if the type Of breach is not amenable to cure within the thirty (30)
day period, the City/CRA shall have the period of ninety (90) days to cure same the City or CRA
is diligently pursuing the cure thereof; or
(c) A sufficient number of Parcels as defined in the Conceptual Master Plan have not
been acquired by the Parties to be able to proceed with development of the Project or Phase
within twenty-four (24) months of the Effective Date.
Section 4.4 City/CRA Termination Rights. The City and/or CRA shall have the right,
upon \Vritten notice to the Developer, to terminate this Agreement and all other Project
Documents to which it is a party:
(a) If the Developer's authority to enter into and carry out the provisions of this
Agreement is invalidated pursuant to a final decree of a Court of competent jurisdiction;
(b) If the Developer is otherwise in default Wlder any provisions of this Agreement or
other agreements entered between the Parties which are not cured after thirty (30) days advance
wTitten notice unless same cannot be cured within such thirty (30) day period in which event
Developer shall have up to one hWldred ninety (90) days to cure such default so long as
Developer is diligently pursuing the cure thereof; or
(c) A sufficient number of Parcels as defined in the Conceptual Master Plan have not
been acquired by the Parties to be able to proceed with the Project, within twenty-four (24)
months of the execution of this Agreement.
Section 4.5 Events of Default: Definition.
Each of the following events shall be an "Event of Default" hereunder:
(a) If the Substantial Completion of any Project Phase (or, if the Project is not
phased, then the Project) is not completed by the date one year after the date specified in the
Conceptual Master Development Schedule, Exhibit "B" of this Agreement (as it may be
8
modified hereafter), provided the delay to achieve Substantial Completion is not caused by the
City, CRA, or the District; or
(b) If Developer fails to meet any Interim Milestone Date (as may be extended by
reasons of Force Majeure) set forth in the in the Master Development Schedule Exhibit "B," as
may be amended from time-to-time, provided that Developer's failure to meet the Interim
Milestone Date is not caused by the City, CRA and/or the District; or
(c) If Developer fails to observe or perform in any material term set forth in this
Agreement and such failure continues for a period of ninety (90) days after the Developer has
received notice of such Default from the City or CRA; provided that if the breach is of the nature
that it carulOt be cured within the ninety (90) day period, the Developer shall have a period of
one hundred fifty (150) days to cure its breach as long as it is acting diligently to cure such
breach.
(d) The voluntary or involuntary petition is filed by or against the Developer seeking
relief under the Bankruptcy Code, which petition is not stayed or dismissed within ninety (90)
days after such filing;
Section 4.6 Enforcement of Performance: Damages: and Termination.
(a) If an Event of Default occurs, the City and/or CRA may elect to do any or all of
the following: (1) enforce performance or observance by Developer of the applicable provisions
of this Agreement; (2) recover from actual damages from the Developer as determined by a court
of competent jurisdiction, plus interest thereon at the rate of ten (10%) percent per annwn; (3)
enforce the Completion Guarantees; (4) terminate this Agreement in accordance with Section 4.7
below; and (5) recover any payment due from the Developer under this Agreement. The City's
right to pursue its remedies shall be cumulative, and its exercise of one remedy shall not preclude
the exercise of another. The City and/or CRA's election of a remedy hereunder with respect to
an Event of Default shall not limit or otherwise affect the City and/or CRA' s right to elect any
of the other remedies available to the City and/or CRA hereunder; provided that . if the City
and/or CRA is enforcing any Completion Guarantee, the City and/or CRA may not elect to
pursue its other remedies based on a Default arising from such failure to achieve Substantial
Completion.
Section 4.7 Termination of Agreement Upon Default. If an Event of Default occurs,
which is continuing and not cured within any applicable cure period, the City and/or CRA shall
have the right to terminate this Agreement by giving the Developer written notice thereof stating
the date such termination is to be effective. .
Section 4.8 No Waiver. The failure by the City and/or CRA to insist upon strict
performance of any covenant, agreement, term or condition of this Agreement or to exercise any
right or remedy available to such party by reason of Developer's Default or an Event of Default,
shall not be construed as a waiver by the City and/or CRA of any other Event of Default.
Section 4.9 Right to Perform Developer's Obligations. Upon the occurrence of an
Event of Default, which is continuing and is not cured within the applicable cure period allowed
for herein, the City and/or CRA shall have the right, but shall not be obligated to, perform the
9
obligations of the Developer, without waiving or releasing Developer from any of its obligations
contained herein. The City and/or CRA shall only exercise such right in the event of a bona fide
emergency or after giving written notice to the Developer of its intent, five (5) business days in
advance of the City and/or CRA taking such action. The Developer hereby grants the City
and/or CRA access to the Project Site in order to perform any such obligation in accordance with
this Agreement. Any amount paid by the City and/or CRA in performing Developer's obligations
shall be reimbursed to the City and/or CRA within thirty (30) days following the City and/or
CRA's demand therefor.
Section 4.10 Waiver. Release and Assumption of Obligations. The City and/or CRA's
payment or performance pursuant to the provisions of this Article shall not be, nor be deemed to
constitute the City and/or CRA's assumption of Developer's obligations to payor perform any of
Developer's past, present or future obligations hereunder
ARTICLE V
PROJECT REPRESENTATIVES:
KEY PERSONNEL: PROJECT ADMINISTRA nON
Section 5.1 Project Representatives.
(a) Developer hereby designates Samantha Simons (or her successor or alternate for
such purpose) as the "Developer's Proiect Representative" to represent Developer in all of its
dealings with the City and CRA and the CRA's Project Representative relating to the
implementation and enforcement of this Agreement; provided that it is acknowledged and agreed
that Developer may delegate in writing (a copy of which shall be made available to the City
and/or CRA upon request) certain of her responsibilities to another person to be determined by
the Developer. The City and CRA shall direct all communication regarding this Agreement to
Developer's Project Representative.
(b) Within thirty (30) days after execution of this Agreement, the CRA will designate
an individual (or his successor appointed for such purpose) as the "CRA's Project
Representative" to represent the CRA in all of its dealings with Developer and Developer's
Project Representative relating to this Agreement. Developer shall direct all communication
regarding this Agreement to the CRA's Project Representative. The Project Representative shall
be qualified in the areas of development, construction, construction management, urban
planning, and such other areas necessary to effectively and efficiently proceed with the
development of the Project as contemplated by this Agreement.
(c) Within thirty (30) days after execution of this Agreement, the City will designate
an individual (or his successor appointed for such purpose) as the "City's Project
Representative" to represent the City in all of its dealings with Developer and Developer's
Project Representative relating to this Agreement. Developer shall direct all communication
regarding this Agreement to the City's Project Representative. The City's Project Representative
shall be qualified in the areas of development, construction, construction management, urban
plarming, and such other areas necessary to effectively and efficiently proceed with the
development of the Project as contemplated by this Agreement.
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Section 5.2 CRA's Right to Inspect. The CRA reserves the right, at its sole cost and
expense, to conduct inspections of the Project Site. Developer agrees to provide safe access to
the Project Site, including, without limitation, access to inspect the Improvements. CRA's field
personnel shall not interfere with the construction of the Improvements at the Project Site and
shall comply with all safety standards and other job-site rules and regulations of Developer. Any
material interference which is caused by the CRA's field personnel shall extend the date for
completion of the Improvements by the actual length of the delay caused by the interference.
Section 5.4 Access and Review of Developer's Books and Records. Developer shall at
all times keep and maintain accurate and complete records pertaining to acquisition of the
Parcels and including such matters required to demonstrate Developer's compliance with its
obligations under this Agreement; provided that such records shall not include proprietary and
financial information relating to the allocation of profits and losses among the Developer's
Affiliates nor information concerning leasing incentives offered or provided to prospective
tenants or sub-tenants. The City, CRA and/or their representatives shall have, during normal
business hours and upon reasonable advance notice, access to inspect, review and photocopy any
and all such books and records of Developer relating to the Project as described above. The City
and CRA shall sign a log book for Developer whenever records are inspected.
ARTICLE VI
RELOCATION ASSISTANCE PROCEDURE
Section 6.1. Compliance With Relocation Assistance Policv. In acquiring the Third-
Party Parcels, the following provisions shall apply to the relocation of the current residents and
occupants of the Project Site:
(a) Residents who have homesteads in the MLK Corridor within the designated site
plan area will be eligible for relocation assistance;
(b) Small Businesses in the site area will be relocated by CRA in accordance with its
Business Genesis Program;
(c) Churches located within the designated site plan area shall be relocated in
accordance with agreements with the Developers/CRA/City,
(d) Developer shall pay reasonable moving expenses for homeowner residents, in
accordance with Federal Relocation Ouidelines, if required ; and
(e) Developer shall use best efforts to relocate homeowner residents living in a home
to another home in the Heart of Boynton neighborhood, or within the local area, with a similar
mortgage or no mortgage, in an effort to maintain their status quo. Developer shall not be
responsible for any increase in taxes, insurance or other fees outside the control of the
Developer.
ARTICLE VII
ACQUISITION OF THIRD-PARTY PROPERTIES AND
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CITY/CRA SALES TRANSACTION
Section 7.1. Land Acquisition Phase,
(a) Commencing on the Effective Date, the Developer, CRA and the City shall
cooperate in the acquisition of all Third-Party Properties within the Project Site. The Developer
shall attempt to assemble all Parcels necessary for the development of the Project within twenty-
four (24) months of the Effective Date ("Land Acquisition Phase"),
(b) If a sufficient nurriber of Parcels have not been acquired by the Parties to
commence development of one (1) Phase of the Project within the twenty-four (24) month
period, the Parties shall meet and jointly determine whether: (l) the Land Acquisition Phase
should be extended, and/or (2) the City's power of eminent domain will be necessary to acquire
sufficient Parcels,
(c ) To facilitate assemblage of the Parcels, the City shall impose a development and
permitting moratorium for the MLK Corridor during the Land Acquisition Phase, if necessary.
7.2 Cooperation by City. CRA and Developer for Acquisition of Third-Party
Properties by Developer.
(a) Commencing on the Effective Date, Developer will proceed with the acquisition
of Third Party Properties within the Project Site. The City and CRA shall assist the Developer in
implementing its acquisition strategy and will not intercede in Developer's negotiations for the
purchase of the subject Parcels. If the Developer needs assistance from the CRA and the City to
acquire one or more Parcels, Developer shall make a specific request for aid to City/CRA,
detailing what staff and/or financial resources are being requested, and shall provide the
City/CRA with all relevant information in its possession regarding the subject Parcel(s) including
(1) the address of the parcel(s), (2) a copy of the independent appraisal of the Parcel(s), and (3)
copies of written offers and counteroffers made with regard to the Parcel(s).
(b) Any Parcels acquired by the City/CRA with City/CRA funds shall be transferred
to the Developer in accordance with Section 7.3, below.
Section 7.3. Acquisition of Land from City and CRA. The City and CRA each agree to
sell to the Developer all Parcels acquired by the City and CRA within the Project Site that the
Developer needs to complete development of the Project. The sale and purchase of those Parcels
may be completed in 1) a single transaction; and/or 2) several transactions.
(a) The purchase price ("Purchase Price") for the City Properties and the CRA
Properties shall be as follows:
(1) Developer shall pay the City up to $1,981,153 for the City Properties;
(2) Developer shall pay the CRA up to $1,378,587 for the CRA Properties,
Section 7.4 CRNCity Deliveries. During the Land Acquisition Phase, the CRA and
the City shall provide to Developer copies of all surveys, tests, studies and reports which the
CRA and the City have with respect to the City Properties and the CRA Properties. Any reliance
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upon such items provided by the CRA and City is at the sole risk of Developer, and the City and
the CRA make no representations or warranties with respect thereto.
Section 7.5 Condition of Title. The City and the CRA shall convey to Developer fee
simple, good and marketable title to the City Properties and the CRA Properties respectively,
free and clear of all liens, encumbrances, easements and restrictions, encroachments and survey
exceptions, except for easements and restrictions which do not adversely affect the development
of the Project (the "Permitted Exceptions"). From and after the Effective Date, to the extent that
any of the City Properties or CRA Properties are the subject of a lease, the City or the CRA shall
not amend, extend, renew or otherwise modify any lease without the express written consent of
Developer.
Section 7.6 Title Defects. The City and CRA shall provide the Developer with a title
commitment for each of its Parcels not less than thirty (30) days prior to anticipated closing date
on the subject Parcel, along with copies of all easements and restrictions contained in the title
commitment. The Developer shall notify the City and the CRA of any matters to which it
objects which are disclosed in the title commitment andlorsurvey. The CRA and the City shall
make reasonable efforts to cure any such defect prior to closing and shall pay any monetary liens
at closing. The City or the CRA shall institute eminent domain proceedings to eliminate such
title problems to the extent it is legally possible. In the event that City and CRA are unable to
deliver title in the condition required by this Agreement, Developer may accept such title in its
"as is" condition, without abatement of the Purchase Price.
Section 7.7 Inspections. During the Land Acquisition Phase, Developer may conduct
such investigations and inspections of the condition of the City Properties and the eRA
Properties, including but not limited to: surveys, environmental assessments (phase on and phase
two, if necessary), and other inspection and tests it deems necessary ("Inspections"), at
Developer's sole cost and expense. City or CRA shall be advised three (3) business days prior to
Developer conducting such Inspections. If a phase two environmental assessment report reveals
the existence of any Hazardous Substances, then the Developer shall request that its
environmental consultants recommend any remediation that might be required by any
governmental authority as a result of such condition. The consultant shall also provide a good
faith estimate, to the extent possible, of the anticipated cost of such remediation. The seller of the
affected Parcel may retain its own consultant to review the conclusions of Developer's
consultant. The applicable seller shall proceed with remediation of the environmental
contamination and pay for any required remediation costs. If the applicable seller fails to
remediate the environmental contamination, Developer may either (i) refuse to close on the
subject Parcel, or (ii) may close on the subject property and remediate the environmental
contamination, and the cost thereof shall be an offset against the purchase price set forth above,
Section 7,8 Indemnity. Developer shall indemnify City and CRA of, from and against
any and all costs, losses, claims, damages, liabilities, expenses and other obligations (including
reasonable attorneys' fees and court costs) arising from, out of or in connection with the
Inspections. Developer provide evidence to the City and the eRA that it has liability insurance
coverage sufficient to insure against any risk of loss or damage incurred as a result of the
Developer conducting its Inspections.
Section 7.9 Closing. The Developer shall deliver a Notice of Commencement to the
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CRA and the City once the Developer determines that the Parties hereto have collectively
acquired and assembled sufficient Parcels in the Project Site to commence construction of the
Project or a Phase thereof. Closing and conveyance of the City Properties and the CRA
Properties necessary to commence construction on the Project or Phase shall occur within thirty
(30) days of the Developer's delivery of its Notice of Commencement; provided that the
Developer has provided the CRA and the City with 'Mitten evidence that the Developer has
received all Development Approvals and financing commitments necessary to proceed with
development of the Project or Phase therein.
Section 7.10 Seller's Closin~ Documents. The City and the CRA shall deliver the
following documents at the City/CRA Closing:
(a) General Warranty Deeds to the Parcels.
(b) Title Affidavits.
(c) Required easements and restrictions, if any, as needed per Approval Plan.
(d) Other documents necessary and appropriate, reasonably required by Developer.
Section 7.11 Developer's Closing Documents and Deliverables. The Developer shall
deliver the following documents to the City and the CRA, respectively at the City/CRA Closing:
(a) Required easements and restrictions, of any, as needed per Approval Plan.
(b) Other documents necessary and appropriate, reasonably required by Seller.
Section 7.12 Prorations, Seller shall pay all real estate taxes payable with respect to
any year prior to the year of the City/CRA Closing. The following items shall be prorated and
adjusted between the City and Developer and between the CRA and Developer as of midnight of
the day preceding the City/CRA Closing, except as otherwise specified: Real estate taxes, any
items of income and expense, payable for or in connection with the use or occupancy of the
properties, gas, water, electricity, heat, fuel, sewer and other utilities and other operating
expenses relating to the properties..
Section 7.13 City/CRA Closing Costs. City and CRA shall pay for the following items
at the time of the City/CRA Closing:
(a) Costs of demolition, site preparation and environmental cleanup costs, if required.
(b) City and CRA own legal costs.
Section 7.14 Developer Closing Costs. The Developer shall pay for the following items
at the time of the City/CRA Closing:
(a) Purchase Price.
(b) Title Insurance Premiums.
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(c) Due diligence costs, including legal costs.
Section 7.15 Conditions to Closing.
(a) The City and CRA's obligation to close the sale of their properties shall be
conditioned on Developer not being in Default hereunder beyond any applicable cure period, and
Developer having complied and perfonned its obligations contemplated hereunder with respect
to the City/CRA Closing.
(b) Developer's obligation to close the City/CRA purchase of the CRA Properties and
the City Properties shall be conditioned on the City and the CRA not being in Default hereunder
beyond any applicable cure period, and each of the City and the CRA having complied and
prefonned its obligations contemplated hereunder with respect to the City/CRA Closing.
Section 7.16 Possession. Developer shall be granted full possession of the City
Properties and the CRA Properties at closing on the subject Parcels, subject to parties in
possession under existing leases. '
Section 7.17 Assignment. Developer may assign its rights to acquire the City Properties
and the CRA Properties to an Affiliate of Developer upon notice to and with the prior written
consent of the City and CRA and provided that Developer's assignee shall be obligated to close
under this Article in the same manner as Developer.
Section 7.18 Deeds to Rights-Of-Wav. To the extent that any of the City Properties or
the eRA Properties constitute (or will constitute following construction) a public street or other
right-of-way (or part thereof), Developer or a CDD as appropriate, shall execute and deliver
deed(s) to said parcels to the City or the CRA following the Completion of Construction of the
Infrastructure Improvements thereon.
ARTICLE VIII
DEVELOPER COMMITMENTS
Section 8.1 Contributions by the Developer: The Developer agrees to contribute the
following public and community assets:
(a) Public Safety Building~ with commitment from the City for lease space, and
commitment for youth programming Urban Strategies;
(b) Lighted pedestrian walkways and connections throughout the Project;
(c) Street signage to incorporate history of the community including, but not limited
to names of matriarchs and leaders of the community;
(d) Fitness Center with free or reduced membership fees for police, fire department
and governmental workers who participate in the community mentoring program;
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(e) Gateways at both ends of the community - one at Seacrest Blvd. main entrance
and one at Federal Highway. The design of the eastern gateway along Federal Highway shall be
emphasized by a retail corridor which opens up onto a community plaza. The design could
easily embrace the addition of a potential SFEC light rail stop in the future to coordinate with the
new commuter SFEC planned rail-line;
(f) Incorporation of urban smart growth and sustainable design features.
(g) Community Center;
(h) Community Trust Fund to be established; Developer shall use its best efforts to
provide programs including, but not limited to, job training, healthcare, youth programs,
homeownership programs, and ongoing community outreach programs as suggested by the
community.
(i) Developer shall establish a college scholarship program that will be offered to
students that graduate High School who live within the Seacrest Village Community; and
(j) Developer shall provide up to $150,000 for revitalization of Sarah Sims Park
based on said project approvals and project feasibility.
Section 8.2 Contribution for Affordable and Workforce Housing Programs
(b)
phase; and
Seacrest Village will include no less than 20% of "Workforce Housing" in each
(c)
Workforce housing will blend architecturally with other residences.
Section 8.3
Contributions bv CRA
(a) CRA commits to contribute no more than $ TBD towards the implementation of
the Project including the cost of land acquisition, infrastructure improvements, and financial
assistance for demolition and removal of existing structures.
(b) CRA shall assist in the relocation of churches other than Deliverance by Faith
Church; schools; and neighborhood businesses.
(c) CRA shall commit to renting space in the Public Safety Building.
(d) CRA shall be responsible for public nuisance abatement within the Project Site,
including the elimination of business involved in illegal activities.
(d) Tax Increment Financing; Upon the completion of the Project, or any Phase
thereof, the Developer shall be entitled to receive 90% of the increased tax revenues ("Tax
Increment Revenues") generated by the Project or a completed Phase, for a period of 15 years,
provided Developer is not in default as to any provision of this Agreement and provided that
Developer has met all of its obligations in this Agreement.
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Section 8,4 Commitments bv City
(a) The City commits to contribute no more than $ TBD towards the implementation
of the Project including the cost of land acquisition, infrastructure improvements, and financial
assistance for demolition and removal of existing structures.
(b) The City shall assist the Developer with public nuisance abatement.
(c) The City will fund payment of impact fees, building permit fees, and connection
charges and capital costs for construction and installation of water and sewer facilities.
(d) The City shall assist in the relocation of Deliverance by Faith Church.
(e) The City shall provide the Developer with regulatory relief from Zoning and
Building Codes to assist the Developer with the efficient and expeditious development of the
Project.
ARTICLE IX
FINANCING
Section 9.1 Developer Financing. Upon commencement of construction of the Project
or a Phase therein, the Developer shall provided written evidence to the CRA and City that, it has
secured a commitment to finance development of the Project by providing copies of its loan
commitments to the City and CRA.
Section 9.2 CDD (Community Development District) Revenue Sources. As set forth
in the recitals to this Agreement and in Article XII, the Parties have determined to work
cooperatively to create the lv1LK Corridor Community Development District. The City and CRA
agree to support the creation of the District which will enable the issuance of CDD Bonds, a
portion of which may be secured by Tax Increment Revenues pursuant to an Interlocal
Agreement, as defined in Article I, to finance qualifying infrastructure costs related to the
Project. If requested, the CRA shall pledge Tax Increment Revenues as security for one or more
issues of CDD Bonds for the Project.
ARTICLE X
PROJECT CONSTRUCTION. OPERATION
AND MANAGEMENT REOUIREMENTS
Section 10.1 Construction Obligations.
(a) Within 240 days of notifying the City and CRA in writing that a sufficient number
of Parcels have been acquired to proceed with the Project or a Phase thereof, Developer shall
submit the following to the City and CRA: (1) the Master Site Plan, (2) the updated Conceptual
Master Development Schedule, (3) the list of required Infrastructure Improvements, and (4) a
detailed budget for the construction and development of the Infrastructure Improvements for the
Project or Phase of the Project that the Developer proposes to proceed with.
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(b) Developer shall design and construct the Project. Developer will initially be
obligated, subject to Force Majeure, to commence construction of the Project within six (6)
months following closing and conveyance of City and CRA Properties to the Developer
necessary for the development of the Project or Phase therein.
(b) The Developer shall achieve Substantial Completion of the Project or Phase at the
time(s) set forth in the Master Site Plan and Conceptual Master Development Schedule, subject
to Force Majeure. During construction, the Developer will, at all times: (1) ensure that sufficient
manpower and materials are deployed throughout the development and construction of the
Project Phase, (2) proceed diligently and continuously towards the completion of the
development and construction of the Project Phase, (3) not abandon or otherwise terminate the
development and construction of the Project Phase, and (4) substantially complete the Project or
Phase by the dates set for in the Conceptual Master Development Schedule.
Section 10.2 Regulatory and Design Requirements, Developer shall construct the
Improvements in accordance with all Development Approvals and all other Requirements,
including, without limitation, the ADA. Developer shall be responsible for timely payment of all
applicable permitting, licensing, utility connection and similar fees and charges in connection
with the design and construction of the Project.
Section 10.3 Design and Construction Review ProcedureslProvisions ApJllicable to
Construction.
(a) Any material changes to the Master Site Plan and Master Density, Intensity and
Mix of Use Table shall be submitted by Developer to City and CRA for their review and
approval.
(b) In no event shall the CRA Representative or the CRA have any liability in
cOlUlection with the construction or operation of the Project as a result of or arising from any
approvals relating thereto given or withheld (or the right to give or withhold such approvals)
pursuant to this Agreement, or as a result of or arising from any other right to review documents
in connection with the construction or operation of the Project. In no event shall any such review,
approval, comment or evaluation by the CRA relieve Developer of any liability or responsibility
under this Agreement, it being understood and agreed that the CRA is at all times ultimately
relying on Developer's skill, knowledge and professional training and experience in preparing
(or causing the preparation of) any project documents.
(c) Developer shall notify the CRA in writing of the names of all architects,
engineers, construction contractors, project managers, program managers and other design and
construction consultants engaged by Developer in connection with the design and construction of
the Project (collectively, the "Project Design and Construction Contractors"). The CRA shall
have no right of approval with respect to any such engagement; provided, however, that
Developer covenants and agrees that all Project Design and Construction Contractors shall have
experience with the type of project being undertaken and shall be duly licensed to practice under
the laws of the State of Florida. The CRA shall have no right of approval with respect to any
contract entered into by Developer with any Project Design and Construction Contractor;
provided, however, each such contract shall contain the "Required Contract Provisions" attached
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as Exhibit "0" hereto. Upon execution of any such contract, Developer shall provide the CRA
with appropriate written evidence of its compliance with the preceding sentence.
(d) Developer shall prosecute any claims it may have against any Project Design and
Construction Contractor for failure by any such contractor to comply in any material respect with
the standards of performance imposed upon it in any applicable contract if it deems such
prosecution to be in the best interest of the Project, in the exercise of its reasonable business
judgment. Nothing contained in this Agreement shall grant or be deemed to grant any Project
Design and Construction Contractor or any other Person engaged by Developer with any right of
action or claim against the CRA with respect to any work any of them may do in connection with
the Project. Nothing contained herein shall create or be deemed to create any relationship
between the CRA and any Project Design and Construction Contractor or any such other Person
engaged by Developer, and the CRA shall not be responsible to any of the foregoing for any
payments due or alleged to be due thereto for any work pertained or materials purchased in
connection with the Project.
(e) In connection with the Project, Developer shall require all project design and
construction contractors to comply with the EEO Program (as set forth in Section 10.11), as
modified or adjusted from time to time. The provisions of the EEO Program shall be applicable
to all Project design and construction contractors and subcontractors at any tier of construction.
Developer shall furnish to the CRA data, including but not limited to compliance reports, related
to the operation of the EEO Program, as reasonably requested by the CRA.
(f) Developer shall be responsible for initiating, maintaining and supervIsmg all
security precautions and programs reasonably required in connection with the performance of the
construction work.
Section 10.4 Proiect Oversight Prior to Completion. Prior to Substantial Completion of
the Project (or any or portion thereof), the Developer, the City and the CRA shall cooperate to
exchange information relevant to Parcel acquisition and the development of the Project (or any
or portion thereof), provided that information exchanged by and among the Parties shall remain
confidential at all time and not disclosed to the public without consent of the Parties hereto.
Section 10.5 Progress Meetings. The Developer agrees to schedule regular progress
meetings to report on the status of the Project and to review the progress under the Conceptual
Master Development Schedule. The CRA' s Project Representative may attend each of such
meetings. The meetings shall be held at the Project Site or at a location to be designated by the
Developer. .
Section 10.6 Progress Reports. The Developer shall endeavor in good faith to submit to
the CRA a quarterly written progress report (the "Progress Report") that shall include a
description of activities completed, the activities to be undertaken prior to the next quarterly
progress report, the status of all Development Approvals, the status of any Project financing, an
explanation of each activity, if any, that is causing delay, a description of problem areas, and
their estimated impact on performance of other activities and scheduled completion dates in the
Conceptual Master Development Schedule and an explanation of corrective action taken or
proposed.
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Section 10.7 Construction and Operation Standards.
(a) Developer shall construct the Project with due diligence and III a good and
workmanlike manner.
(b) Developer shall operate and manage the Project with that degree of skill, care and
diligence normally exercised by operators and managers of first-class, mixed-use development
projects with a scope, magnitude and location that is comparable to the Project and otherwise in
compliance with this Agreement.
Section 10.8 Legal and Prohibited Uses.
(a) Developer shall use and operate the Project Site throughout the Term as required
by this Agreement. In any event, the Project Site shall be used only in accordance with the Final
CO(s) therefor (or Temporary CO(s), to the extent that final CO(s) have not been issued
therefor).
(b) Without limiting the provisions of subparagraph (a) above, Developer shall not
use or occupy the Project Site or any part of the Project Site, and neither permit nor suffer the
Project Site to be used or occupied, for any of the following ("Prohibited Use(s)"): (i) for any
unlawful or illegal business, use or purpose or for any business, use or purpose which violates
any Requirements; (ii) for any use which is a public nuisance; or (iii) in such manner as may
make void or voidable any insurance then in force with respect to the Project Site.
(c) Immediately upon its discovery of any Prohibited Use, Developer shall take all
reasonably necessary steps, legal and equitable, to compel discontinuance of such business or
use, including, if necessary, the removal from the Project Site of any subtenants, licensees,
invitees or concessionaires.
(d) Notwithstanding anything in this Agreement to the contrary, Developer reserves
the right to close or restrict access to any portion of the Project Site in connection with
improvements undertaken in accordance with the provisions of this Agreement or to such extent
as may, in the reasonable opinion of Developer's counsel, be legally necessary to prevent a
dedication thereof or the accrual of prescriptive rights to any Person or Persons.
Section 10.9 Desig:n and Construction of the Infrastructure Improvements
Infrastructure shall be designed and constructed by the CDD pursuant to the Interlocal
Agreement. In no event shall the Developer, the CRA or any other CRA Indemnified Party have
any liability in connection \\O;th the construction of the Infrastructure Improvements as a result of
or arising from any approvals relating thereto given or withheld (or the right to give or withhold
such approvals) pursuant to this Agreement, or as a result of or arising from any other right to
review, comment on or evaluate any plans, drawings, specifications or other documents in
connection with the construction or operation of the Infrastructure Improvements.
Section 10.10 Cooperation Developer shall use all reasonable efforts not to disrupt the
construction of other development and construction projects within the City. The City and CRA
shall use all reasonable efforts not to disrupt, and to prevent other persons from disrupting the
construction of the Project or the Infrastructure Improvements.
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Section 10.11 Equal Opportunity Proeram Developer hereby establishes an equal
opportunity program ("EEO ProlU'am") with respect to the construction of the Improvements.
Developer shall:
(a)
Comply with the City Ordinance Number
, as amended from time to
time;
(b) Utilize minority business enterprises ("MBE") and women's business enterprises
("WBE") participation of at least fifteen percent (15%), cumulatively, in the design,
development and construction of [each Component of] the Improvements (the "Participation
Percentage"). Developer is required to utilize at least MBE's or WBE's to meet the
Participation Percentage. MBE's and WBE's shall be those enterprises which are certified as
MBE's and WBE's under the applicable regulations of Palm Beach County. Developer shall
utilize best efforts to use MBE's or WBE's which have their principal place of business within
_ miles of the City, but Developer shall utilize its bests efforts to retain WBE's and MBE's
which are located within the City;
(c) Developer shall use best efforts to cooperate with agencies to implement job
training programs for women and minority workers, as well as local residents, throughout the
development and construction of the Improvements
(e) Developer shall submit written reports to the CRA no later than January 31 of
each year regarding compliance with the EEO Program for the prior calendar year.
The EEO Program stated herein shall be modified from time to time to incorporate such
reasonable comments and suggestions by the CRA as are deemed appropriate. Developer shall
use all reasonable efforts to implement the EEO Program and satisfy the various requirements
hereof.
ARTICLE XI
INTENTIONALL Y OMITTED
ARTICLE XII
COMMUNITY DEVELOPMENT DISTRICT
Section 12.1 MLK Corridor Communitv Development District. The City, eRA and
Developer agree to work cooperatively to create the District, pursuant to Chapter 190, Fla.
Stats" to provide for financing, construction and operation and maintenance of certain of the
Infrastructure Improvements for the Project Site and to exercise the general powers and powers
for public improvements and community facilities enumerated in Sections 190.011 and 190.012,
Fla. Stats. CRA and Developer each covenant to use all reasonable efforts to cooperate with the
City to set the boundaries of the District so as to be consistent with the boundaries set forth in or
referred to in the lnterlocal Agreement.
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ARTICLE XllI
TRANSFERS AND ASSIGNMENTS
Section 13.1 Limitations on Transfers and Assignments by Developer.
(a) Prior to Substantial Completion, Developer may transfer ownership of a Phase or
a Parcel with the prior written consent of the City and the CRA which will not be unreasonably
withheld, denied or delayed, However, the City and CRA may require any transferee to
demonstrate its financial ability to comply with the obligations that it has undertaken. Such
transfer shall not release Developer from its obligations with respect to such Phase or Parcel
under this Agreement.
(b) Developer may in the ordinary course (a) transfer ownership of a portion of a
Phase in the ordinary course to purchasers of residential units, (b) lease a portion of a Phase to
residential tenants in the ordinary course, and (c) sell, lease or sub-lease completed portions of a
Phase to end users, purchasers and investors consistent with this Agreement. Upon such
conveyance, Developer's liability under this Agreement with respect to such transferred portion
of a Phase shall be terminated.
Section 13.2 Transfer and Assignment by CRA and City. The CRA and the City shall
not transfer or assign any of its rights, interests and obligations under this Agreement except to
one another.
ARTICLE XIV
DAMAGE. DESTRUCTION AND RESTORATION
Section 14.1 Effect of Damage. Destruction or Restoration. The rights and obligations
of the Parties under this Agreement shall not be modified or terminated if the Project Site is
damaged or destroyed in whole or in material part by fire or other casualty prior to Substantial
Completion; provided that any such event shall be deemed Force Majeure, which shall excuse
the Developer's obligation to Substantially Complete the Project or Phase in accordance with the
Conceptual Master Plan Development Schedule.
ARTICLE XVI
NO SUBORDINATION
Section 16.1 Rights of the City and CRA. The City and CRA' s interest in or rights
under this Agreement as the same may be modified, amended or renewed in accordance with the
provisions of this Agreement, shall not be encumbered by or subordinated in any way to (a) any
mortgage now or hereafter existing, (b) any other liens or encumbrances hereafter affecting,
created or suffered by Developer on its leasehold interest or otherwise, or (c) any sublease or any
mortgage liens or encumbrances now or hereafter placed on any interest of any subtenant.
Developer shall in no event have any right or authority to create liens or encumbrances on or
affecting any interest in or rights of the City or CRA in this Agreement.
22
ARTICLE XVII
REOUIREMENTS
Section 17.1 Requirements.
(a) In connection with its performance of each and every one of its obligations
hereunder, Developer shall comply promptly with any and all applicable Requirements. No
consent to, approval of or acquiescence in any plans or actions of Developer by the City or CRA
(or any agent or representative thereof) under this Agreement, shall be relied upon or construed
as being a determination that such are in compliance with the Requirements or, in the case of
construction plans, are structurally sufficient, prudent or in compliance with the Requirements.
(b) For purposes hereof, the term "Requirement(s)" means (1) any and all laws, rules,
regulations constitutions, orders, ordinances, charters, statutes, codes, executive orders and
requirements (now existing or hereafter applicable) of all Governmental Authorities having
jurisdiction over Developer or other Persons, or the Project, or any street, road, avenue or
sidewalk comprising a part of, or lying in front of, the Project Site, or above or below the Project
Site (including, without limitation, the ADA and any of the foregoing relating to handicapped
access or parking, the building code of the City and the laws, rules, regulations, orders,
ordinances, statutes, codes and requirements of any applicable fire rating bureau or other body
exercising similar functions); (2) the Temporary and/or Final COs issued for the Project or the
Infrastructure Improvements, as then in force; (3) any and all provisions and requirements of any
property, casualty or other insurance policy required to be carried by Developer under this
Agreement; (4) any and all terms, conditions or covenants of any and all easements covenants,
conditions or restrictions of record, declarations, or other indentures documents or instruments of
record; and (5) the Project Documents.
ARTICLE XVIII
NO LIABILITY FOR INJURY OR DAMAGE ETC,
Section 18.1 CRA's Exculpation: Develover's Indemnification: Waiver of
Subrogation.
(a)' The eRA Indemnified Parties shall not be liable to Developer for, and Developer
shall indemnify, defend and hold the CRA Indemnified Parties hannless from and against, any
loss, cost, liability, claim, damage, expense (including, without limitation, reasonable attorneys'
fees and disbursements) penalty or fine incurred in connection with or arising from: (1) any
injury (whether physical, economic or otherwise) to Developer or to any other Person in, about
or concerning the Project Site or the Infrastructure Improvements; (2) any damage to, or loss (by
theft or otherwise) of, any of Developer's property or of the property of any other Person in,
about or concerning the Project Site, or the use or occupancy thereof, irrespective of the cause of
injury, damage or loss (including, without. limitation, the acts or negligence of any tenant or
occupant of the Project Site or of any owners or occupants of adjacent or neighboring property or
caused by any construction or by operations in construction of any private, public or quasi-public
23
work) or any latent or patent defects in the Project Site; or (3) any act, omission or negligence of
Developer or its Affiliates or of the contractors, agents, servants, employees guests, invitees or
licensees of Developer or its Affiliates, including, without limitation, acts, omissions and
negligence arising out of the Due Diligence undertaken by the Developer; except to the extent
any of the matters described in clauses (1) or (2) are due' to the gross negligence or willful
misconduct of any CRA Indemnified Party. The CRA Indemnified Parties shall not be liable, to
the extent of Developer's insurance coverage (if available to cover the loss and in any case
exclusive of deductibles), for any loss or damage to any Person or property even if due to the
gross negligence or willful misconduct of any CRA Indemnified Party and, to that extent,
Developer relieves the CRA Indemnified Parties from such liability. Without limiting the
generality of the foregoing, except to the extent caused by the gross negligence or willful
misconduct of any of the CRA Indemnified Parties (and then only in such CRA Indemnified
Party's proprietary capacity as opposed to its governmental capacity), the CRA Indemnified
Parties shall not be liable for (1) any failure of water supply, gas or electric current (2) any injury
or damage to person or property resulting from gasoline, oil, steam, gas, electricity, or hurricane,
tornado, act of God, act of war, enemy action, flood, wind or similar storms or disturbances,
water, rain or ice, or (3) leakage of gasoline or oil from pipes, appliances, sewer or plumbing
works.
Section 18.2 Notice of Injury or Damage. Developer shall notify the CRA within thirty
(30) days of any occurrence at the Project Site of which Developer has notice and which
Developer believes could give rise to a claim of $1,000,000 (adjusted for inflation) or more,
whether or not any claim has been made, complaint filed or suit commenced.
Section 18.3 Contractual Liability. The obligations of Developer under this Article shall
not be affected in any way by the absence or presence of insurance coverage (or any limitation
thereon, including any statutory limitations with respect to workers' compensation insurance), or
by the failure or refusal of any insurance carrier to perform any obligation on its part under
insurance policies affecting the Project Site; provided, however, that if the CRA actually receives
any proceeds of Developer's insurance with respect to an obligation of Developer under this
Anicle, the amount thereof shall be credited against, and applied to reduce, any amounts paid
and/or payable hereunder by Developer with respect to such obligation.
Section 18.4 Defense of Claim. Etc. If any claim, action or proceeding is made or
brought against any CRA Indemnified Party which is or may be subject to indemnification by
Developer hereunder, then, upon demand by the CRA or such CRA Indemnified Party,
Developer shall either resist, defend or satisfy such claim, action or proceeding in such CRA
Indemnified Party's name, by the attorneys for, or approved by, Developer's insurance carrier (if
such claim, action or proceeding is covered by insurance) or such other attorneys as the CRA
shall reasonably approve. The foregoing notwithstanding, such CRA Indemnified Party may, at
its own expense, engage its own attorneys to defend such CRA Indemnified Party, or to assist
such CRA Indemnified Party in such CRA Indemnified Party's defense of such claim action or
proceeding as the case may be.
Section 18.5 Notification and Pavrnent Each CRA Indemnified Party shall promptly
notify Developer of the imposition of, incurrence by or assertion against such CRA Indemnified
Party of any cost or expense as to which Developer has agreed to indemnify such CRA
Indemnified Party pursuant to the provisions of this Article. Developer agrees to pay such CRA
24
Indemnified Party all amounts due under this Article within sixty (60) days after receipt of the
notice from such CRA Indemnified Party.
Section 18.6 Survival. The provisions of this Article shall survive the termination of
this Agreement.
ARTICLE XIX
REPRESENTATIONS AND WARRANTIES
Section 19.1 Mutual Representations.
(a) No Brokers. City, CRA and Developer each represents to the other that it has not
dealt with any broker, finder or like entity in connection with this Agreement or the transactions
contemplated hereby, and each party shall indemnify the other against any claim for brokerage
commissions, fees or other compensation by any Person alleging to have acted for or dealt with
the indemnifying party in connection with this Agreement or the transactions contemplated
hereby.
(b) Authority to Execute. City, CRA and Developer each represents to the other that
each Person executing this Agreement on behalf of City, CRA or Developer (or in any
representative capacity), as applicable, has full right and lawful authority to execute this
Agreement. Developer agrees to furnish to City and CRA on or prior to the date of execution of
this Agreement true and correct copies of such instruments or documents evidencing to the
CRA's reasonable satisfaction the authority of each such Person executing this Agreement on
behalf of Developer (or in any representative capacity).
Section 19.2 CRA and City Representations. CRA and City each represent and warrant
to Developer that:
'(a) To the best of the CRA and City's knowledge, the Project is not in violation of
any order or decree of any court of competent jurisdiction or any governmental agency and City
or entity having jurisdiction. There are no pending or, to the best of the CRA's and City's
knowledge, threatened judicial or administrative proceedings which, if detennined adversely to
the interest of the CRA and City, could materially affect the contemplated development or use of
the Project Site as set forth in this Agreement or the other documents contemplated by this
Agreement (collectively the "Project Documents" Exhibit "N").
(b) Prior Contracts. There are no existing agreements or contracts regarding the
development of the Project Site other than those contemplated with the Developer under the
Development Documents.
(c) No Legal Conflicts. The execution, delivery and performance of its obligations
under the Development Documents by the CRA and City will not: (1) violate, conflict with,
result in a material default (following notice and/or expiration of the related grace/cure period
without cure or both, as applicable) under any agreement or other instrument to which the CRA
and City is a party or by which the property may be bound or affected, or any requirements of
law; (2) result in the creation or imposition of any lien whatsoever upon any of its assets, except
25
as may be permitted by the Development Documents; nor (3) require any authorization or
consent from, or any filing with, any govenunental authority, except as contemplated by the
Development Documents.
Section 19.3 Developer Representations. Developer represents and warrants to the CRA
and City that:
(a) Organization: Legal Status. Developer is duly organized, validly existing and in
good standing, under the laws of its state of formation and; (a) is duly qualified to transact
business and is in good standing in the State of Florida; and (b) has all necessary approvals,
governmental and otherwise, and full power and authority to own, operate and sell and construct
the Project and otherwise carry on its business as now conducted and proposed to be conducted.
Developer's correct legal name is set forth on the first page of this Development Agreement.
(b) Power, Authorization: Enforceable Obligations. Developer has full power,
authority and legal right to execute, deliver and perform its obligations under the Development
Documents. Developer has taken all necessary action to authorize the execution of the
Development Documents on the terms and conditions contained herein or as may be
subsequently negotiated, and Developer has taken all necessary action to authorize the execution
and delivery of its performance under the Development Documents. The officer or representative
of Developer signing the Development Documents has been duly authorized and empowered to
do so, The Development Documents constitute legal, valid and binding obligations of Developer,
enforceable against Developer in accordance with their terms.
(c) No Legal Conflicts. The execution, delivery and perfonnance of its obligations
under the Development Docwnents by Developer or its members will not: (a) violate, conflict
with, result in a material default (following notice and/or expiration of the related grace/cure
period without cure or both, as applicable) under any agreement or other instrument to which
Developer is a party or by which the property may be bound or affected, or any requirements of
law; (b) result in the creation or imposition of any lien whatsoever upon any of its assets, except
as may be permitted by the Development Documents; nor (c) require any authorization or
consent from, or any filing with, any governmental authority, except as contemplated by the
Development Documents.
(d) No Litigation. Except as previously disclosed to the City and CRA, no action, suit
or proceeding, or investigation, judicial, administrative or otherwise (including, without
limitation, any reorganization, bankruptcy, insolvency or similar proceeding) currently is
pending or, to the best of Developer's knowledge, threatened or contemplated against or
affecting Developer or any of its members, partners or shareholders or the property that has not
been disclosed by Developer in writing to City and CRA and which, if adversely determined,
could reasonably be expected to have a material adverse effect on Developer's ability to perform
under the Development Documents.
(e) Financial Condition. Developer and each of its members are currently solvent. No
change has occurred in the financial condition of Developer or any of its members or their
respective constituent equity owners, general partners or managing members, which would have
a material adverse effect since the date of most recent financial statements submitted to the CRA
and City with respect to each such party, other than has been disclosed in writing to the CRA and
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City.
(f) No Illegal Activity as Source of Funds. No portion of the Site has been or will be
purchased, improved, equipped or furnished with proceeds of any illegal activity.
(g) Complete Disclosure: No Change in Facts or Circumstances. Developer has
disclosed to the CRA or City all material facts and has not failed to disclose any material fact
that could cause any representation or warranty made herein to be materially inaccurate,
incomplete or misleading. All information provided in or supplied with the bid for the Project, or
in satisfaction of the terms thereof, remains true, complete and correct in all material respects,
and no adverse change in any condition or fact has occurred that would make any of such
information materially inaccurate, incomplete or misleading.
Section 19.4 No Other Representation. Developer confirms that, except for the
representations contained in this Agreement, (1) no representations statements or warranties,
express or implied, have been made by, or on behalf of, City or CRA with respect to the Project
Site or the transactions contemplated by this Agreement, the status of title thereto, the physical
condition thereof (including but not limited to subsurface conditions) the leases and occupancies
thereof or with respect thereto, if any, the' zoning, wetlands or other laws, regulations, rules and
orders applicable thereto or the use that may be made of the Project Site, or the presence or
absence of Hazardous Substances on or under the Project Site, (2) Developer has relied on no
such representations, statements or warranties (3) City and CRA shall not be liable to Developer,
in any event whatsoever to correct any latent or patent defects in the Project Site, and (4) any and
all copies of the environmental reports provided by the City or the eRA to the Developer have
been delivered without representation or warranty.
ARTICLE XX
OMITTED
ARTICLE XXI
NOTICES. CONSENTS AND APPROVALS
Section 21.1 Service of Notices and Other Communications.
(a) Whenever it is provided herein that notice, demand, request, consent, approval or
other communication shall or may be given to, or served upon, either of the parties by the other,
or whenever either of the parties desires to give or serve upon the other any notice, demand,
request, consent, approval or other communication with respect hereto or to the Project Site, each
such notice, demand, request, consent, approval or other communication (referred to in this
Section 21.1 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this
Agreement) and shall be effective for any purpose only if given or served by (i) certified or
registered United States Mail, postage prepaid, return receipt requested; (ii) personal delivery
with a signed receipt or (Hi) a recognized national courier service, ad~essed as follows:
IF TO DEVELOPER:
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IF TO CRA:
IF TO CITY:
Any Notice may be given, in the manner provided in this Section 21.1 (1) on either party's
behalf by its attorneys designated by such party by Notice hereunder, and (2) at Developer's
request, on its behalf by any Recognized Mortgagee designated in such request.
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(b) Every Notice shall be effective on the date actually received, as indicated on the
receipt therefor or on the date delivery thereof is refused by the recipient thereof.
(c) All references in this Agreement to the "date" of Notice shall mean the effective
date, as provided in the preceding subsection (b).
Section 21.2 Consents and Approvals.
(a) All consents and approvals which may be given under this Agreement shall, as a
condition of their effectiveness, be in writing. The granting by a party of any consent to or
approval of any act requiring consent or approval under the terms of this Agreement, or the
failure on the part of a party to object to any such action taken without the required consent or
approval, shall not be deemed a waiver by the party whose consent was required of its right to
require such consent or approval for any other act. The Executive Director of the CRA in
conjunction with the CRA Board of Directors shall be deemed to have all necessary authority to
act on the eRA's behalf and to give all approvals hereunder, and that any reference herein to
consent of the CRA shall mean the Executive Director in conjunction with the CRA Board of
Directors.
(b) All consents and approvals which may be given by a party under this Agreement
shall not (whether or not so indicated elsewhere in this Agreement) be unreasonably withheld or
conditioned by such party and shall be given or denied within the time period provided, and if no
such time period has been provided, within a reasonable time, Upon disapproval of any request
for a consent or approval, the disapproving party shall, together with notice of such disapproval,
submit to the requesting party a written statement setting forth with specificity its reasons for
such disapproval.
(c) If a party entitled to grant or deny its consent or approval (the "Consenting
~") within the specified time period shall fail to do so, then, except as otherwise provided
herein, and provided that the request for consent or approval (and the envelope in which such
request is transmitted to the extent permitted by the carrier) bears the legend set forth below in
capital letters and in a type size not less than that provided below, the matter for which such
consent or approval is requested shall be deemed consented to or approved, as the case may be:
"FAILURE TO RESPOND TO THIS REQUEST WITHlN THE TIME
PERIOD PROVIDED IN THE DEVELOPMENT AGREEMENT
BETWEEN THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY ("CRA") AND INTOWN PARTNERS,
LLC SHALL CONSTITUTE AUTOMATIC APPROVAL OF THE
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MATTERS DESCRIBED HEREIN WITH RESPECT TO SECTION
[FILL IN APPLICABLE SECTION] OF SUCH DEVELOPMENT
AGREEMENT."
ARTICLE XXII
INDICTMENT. INVESTIGA nONS. ETC,
Section 22.1 Cooperation bv Developer. Developer shall cooperate fully and faithfully
with any investigation, audit or inquiry conducted by any Governmental Authority that is
empowered directly or by designation to compel the attendance of witnesses and to examine
witnesses under oath, or conducted by a Governmental Authority that is a party in interest to the
transaction, submitted bid, submitted proposal, contract, lease, permit, or license that is the
subject of the investigation, audit or inquiry relating to affecting the performance of this
Agreement or any other Project Document. In addition, Developer shall promptly report in
writing to the City Attorney and the CRA's General Counsel any solicitation, of which
Developer's officers or directors have knowledge, of money, goods, requests for future
employment or other benefit or thing of value, by or on behalf of any employee of City or CRA,
or other Person relating to the procurement or obtaining of this Agreement or any other Project
Document by Developer or affecting the performance of this Agreement.
ARTICLE XXIII
OMITTED
ARTICLE XXIV
MISCELLANEOUS
Section 24.1 Governing Law and Venue. This Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, without regard to principles of
conflict of laws. Venue of all proceedings in connection herewith shall be exclusively in Palm
Beach County, Florida.
Section 24.2 Dispute Resolution. All Disputes under this Agreement shall be first
subject to binding Arbitration.
Section 24.3 Attorney's Fees. In the event of binding arbitration, the Arbitrator may
award the prevailing party its reasonable attorneys' fees and costs. In the event of litigation, the
prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs
(including all fees and costs through all levels of appeal.
Section 24.4 No Waiver of Soverei~ Immunity. Nothing contained in this Section or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
the eRA's liability and the City's liability, as set forth in 9768.28, Fla. Stats,. or of any other
constitutional, statutory, common law or other protections afforded to public bodies or
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governments.
Section 24.5 References.
(a) The captions of this Agreement are for the purpose of convenience of reference
only, and in no way define, limit or describe the scope or intent of this Agreement or in any way
affect this Agreement.
(b) The Table of Contents is for the purpose of convenience of reference only, and is
not to be deemed or construed in any way as part of this Agreement.
(c) Nothing in this Agreement or in the partiest acts or omissions in connection
herewith shall be deemed in any manner to waive, impair, limit or otherwise affect the authority
of the CRA or City in the discharge of its police or governmental powers.
(d) All references in this Agreement to the terms "herein", "hereunder" and words of
similar import shall refer to this Agreementt as distinguished from the paragraph, Section or
Article within which such term is located.
Section 24.6 Entire Agreement. Etc.
(a) This Agreement, together with the exhibits and attachments hereto, contains all of
the promises, agreements, conditions, inducements and understandings between the City, CRA
and Developer concerning the Project and there are no promises, agreements, conditions,
understandings, inducements, warranties or representations, oral or written, express or implied,
between them other than as expressly set forth herein and in such attachments hereto or as may
be expressly contained in any enforceable written agreements or instruments executed
simultaneously herewith by the parties hereto, except for the other Project Docwnents.
(b) No covenant, agreement, term or condition of this Agreement shall be changed,
modified, altered, waived or terminated except by a written instrument of change, modification,
alteration, waiver or termination executed by City, eRA and Developer. No waiver of any
Default or default shall affect or alter this Agreement, but each and every covenant, agreement,
term and condition of this Agreement shall continue in full force and effect with respect to any
other then existing or subsequent Default or default thereof.
Section 24.7 Invalidity of Certain Provisions. Any provision of this Agreement or the
application thereof to any Person or circwnstances is, to any extent, finally determined by a court
of competent jurisdiction to be invalid and unenforceable, the remainder of this Agreement, and
the application of such provision to Persons or circumstances other than those as to which it is
held invalid and unenforceable shall not be affected thereby imd each term and provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
Section 24.8 Successors and Assigns. The agreements, terms, covenants and conditions
herein shall be binding upon, and inure to the benefit of, City, CRA and Developer and, except
as otherwise provided herein, their respective successors and permitted assigns and shall be
construed as a covenant running with the land,
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Section 24.9 Non-liability of Officials and Employees. No member, official or
employee of the CRA, the City, or any other governing body (including, without limitation, the
Chair or Members of the CRA, the Mayor or the Commissioners) shall be personally liable to
Developer, or any successor in interest, in the event of any default or breach by the City or CRA
for any amount or obligation which may become due to Developer or successor under the terms
of this Agreement; and any and all such personal liability, either at common law or in equity or
by constitution or Statute, of, and any and all such rights and claims against, every such Person,
or under or by reason of the obligations, covenants or agreements contained in this Agreement or
implied therefrom are expressly waived and released as a condition of, and as a consideration
for, the execution of this Agreement.
Section 24.10 Conflict of Interest. Developer represents and warrants that, to the best of
its actual knowledge, no member, official or employee of the CRA or the City has any direct or
indirect financial interest in this Agreement, nor has participated in any decision relating to this
Agreement that is prohibited by law. Developer represents and warrants that, to the best of its
knowledge, no officer, agent, employee or representative of the City or the CRA has received
any payment or other consideration for the making of this Agreement, directly or indirectly from
Developer. Developer represents and warrants that it has not been paid or given, and will not pay
or give, any third person any money or other consideration for obtaining this Agreement, other
than normal costs of conducting business and costs of professional services such as architects,
engineers, and attorneys. Developer acknowledges that City and CRA are relying upon the
foregoing representations and warranties in entering into this Agreement and would not enter
into this Agreement absent the same.
Section 24,11 No Partnership. The parties hereby acknowledge that it is not their
intention under this Agreement to create between themselves a partnership, joint venture,
tenancy-in-common, joint tenancy, co-ownership or agency relationship for any purpose
whatsoever. Accordingly, notwithstanding any expressions or provisions contained herein,
nothing in this Agreement or the other Project Documents shall be construed or deemed to
create, or to express an intent to create, a partnership, joint venture, tenancy-in-common, joint
tenancy, co-ownership or agency relationship of any kind or nature whatsoever between the
parties hereto. The provisions of this Section shall survive termination of this Agreement.
Section 24.12 No Permit. This Agreement is not and shall not be construed as a
development permit, development approval or authorization to commence development, nor
shall it relieve the Developer of the obligations to obtain necessary Comprehensive Plan
amendments and development approvals that are required under applicable law and under and
pursuant to the terms of this Agreement.
Section 24.13 Not a Section 163.3220 Fla. Stats. Develooment Agreement. Developer
and City acknowledge and agree that this Agreement is not intended to and does not constitute a
Development Agreement under the Florida Local Government Development Agreement Act
(Sections 163.3220 - 163.3243, Fla. Stats.).
Section 24.14 Time Periods. Any time period which shall end on a day other than a
Business Day shall be deemed to extend to the next Business Day.
Section 24.15 No Third Partv Beneficiaries. Nothing in this Agreement shall confer upon
31
any Person, other than the parties hereto and their respective successors and permitted assigns,
any rights or remedies under or by reason of this Agreement; provided, however, that a
Developer lender shall be a third party beneficiary hereunder to the extent such Recognized
Mortgagee is granted rights hereunder.
Section 24.16 Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW,
DEVELOPER, CITY AND CRA WAIVE KNOWINGLY AND VOLUNT ARIL Y FOR ITSELF
AND ALL PERSONS CLAIMING BY OR THROUGH THEM, ALL RIGHT TO TRIAL BY
JURY IN ANY OTHER JUDICIAL PROCEEDINGS HEREAFTER INSTITUTED, IN
RESPECT OF THIS AGREEMENT.
Section 24.17 Recordation. A short form Memorandum of Development and Disposition
Agreement, in the form attached hereto as Exhibit "X", shall be recorded by the Developer. The
CRA agrees to execute the short form Memorandum of Agreement for this purpose.
CITY OF BOYNTON BEACH
By:
Title:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Title:
INTOWN PARTNERS, LLC
By:
Title:
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XI. - NEW BUSINESS
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) [g] March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13, 2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative [g] New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion ofa Local Lobbyist Registration Ordinance.
EXPLANATION: Palm Beach County currently has a Lobbyist Registration Ordinance that requires that the fullest
opportunity be afforded to the people to petition their County government for the redress of grievances and to express freely
to the elected officials their opinions on legislation and other actions and issues. Palm Beach County has deemed it necessary
that the identity and activities of certain persons who engage in efforts to influence Commissioners, Advisory Board members
and employees on matters within their official duties, be publicly and regularly disclosed.
PROGRAM IMPACT: Should the City of Boynton Beach decide to adopt such an ordinance, local lobbyists would be
identified and expected to adhere to a documented process and procedure.
FISCAL IMPACT: N/A
ALTERNATIVES: Not to discuss a Local Lobbyist Registration Ordinance.
.~
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
THE PALM BEACH COUNTY LOBBYIST REGISTRATION ORDINANCE
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ORDINANCE 2003-018 (effective July 1, 2003),
AS AMENDED BY ORDINANCE 2003-055 (effective November 25, 2003)
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[The following represents a consolidation for reference purposes only of the two Ordinances cited
above. The ordinance titles, the recitals, and other non-substantive provisions have been removed
for the convenience of the reader. For exact text. please refer to the original Ordinances.}
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Section 1. Title and PUfDose.
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A.
This Ordinance may be cited as the "Palm Beach County Lobbyist Registration Ordinance."
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B.
The Board of County Commissioners of Palm Beach County hereby determines that the
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operation of responsible government requires that the fullest opportunity be afforded to the people
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to petition their County government for the redress of grievances and to express freely to the elected
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officials their opinions on legislation and other actions and issues; that to preserve and maintain the
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integrity of the governmental decision-making process, it is necessary that the identity and activities
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of certain Persons who engage in efforts to influence County Commissioners, Advisory Board
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members, and Employees on matters within their officIal duties, be publicly and regularly disclosed.
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Section 2. Definitions.
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Unless expressly provided herein to the contrary, for purposes of this Ordinance, the
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following definitions will apply:
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"Advisory Board" will mean any advisory or quasi-judicial board created by the
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Board of County CommIssioners.
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"Board" will mean the Board of County Commissioners of Palm Beach County,
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Florida.
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3.
"County Commissioner" will mean any member of the Board of County
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Commissioners of Palm Beach County, Florida.
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4.
"Employee" will mean all personnel employed by the Board of County
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Commissioners.
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5.
"Lobbying" shall mean seeking to influence the decision of any County
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Commissioner, any Advisory Board member, or any Employee with respect to the passage, defeat
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or modification of any item which may foreseeably be presented for consideration to the Advisory
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Board or Board of County Commissioners as applicable.
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6. "Lobbyist" shall mean any Person who is employed and receives payment, or who
contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal.
"Lobbyist" shall not include any Employee as defined by this ordinance when acting in the course
of his or her emp loyment, any elected local official when the official is Lobbying on behalf of the
governmental agency which the official serves, or any member of the official's staff when such staff
member is Lobbying on an occasional basis on behalfofthe governmental agency by which the staff
member is employed.
7.
"Person" shall mean individuals, firms, associations, joint ventures, partnerships,
estates, trusts, business trusts, syndicates, fiduciaries, corporations (profit or not-for-profit),
professional corporations, or associations, and all other groups or combinations however constituted.
8.
"Principal" shall mean the Person or entity a Lobbyist represents for the purpose of
Lobbying.
Section 3. Rel!istration.
A.
Registration Required. All Lobbyists shall register with County Administration before
engaging in Lobbying. Every Lobbyist shall submit a form prepared by County Administration and
shall state his or her name, address, the name and address of each Principal represented, the general
and specific areas ofJegislative interest, and the nature and extent of any direct business association
or partnership with any current County Commissioner, Advisory Board member, or Employee. A
Lobbyist's registration shall automatically expire on December 31 st of the year ofregistration. If at
any time during the year, a Lobbyist commences representing a Principal for which the Lobbyist has
not registered pursuant to this Ordinance, such Lobbyist shall register with respect to that Principal
prior to Lobbying. Lobbying prior to registration is prohibited.
B.
Registration Exceptions. Registration shall not be required for the following:
1.
County Commissioners, Advisory Board members or Employees discussing matters
relevant to their official duties;
2.
Persons tln6i::r i::ontract "ith the County who communicate witb COIIRty
Commissioners, Advisory Board members or Employees regarding issues related only to the
performance of their services under their contract;
3.
Any Person who lobbies only in his or her individual capacity for the purpose of self-
representation;
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2
4. Any Person who appears before the Board or Advisory Board in a quasi-judicial
proceeding.
3
C.
False Statements. A Lobbyist shall not knowingly make, or cause to be made, a false
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statement or misrepresentation in maintaining registratIOn or when Lobbying County Commissioners,
Advisory Board Members, or Employees.
Section 4. Record of Lobbvinl! Contacts.
A.
Contact Log. Except when appearing before the Board or any Advisory Board, all Persons
shall sign, for each instance of Lobbying, contact logs maintained and available in the office of
reception of each department of County government. The Person shall provide his or her name,
whether or not the Person is a Lobbyist as defined in this Ordinance, the name of each Principal, if
any, represented in the course of the particular contact, and the subject matter of the Lobbying
contact. All contact logs shall be transmitted to the County Administrator at the end of each calendar
quarter.
B.
Lobbying Outside of County Offices. In the event that a Lobbyist engages in Lobbying
which is outside of County offices, and which is a scheduled appointment initiated by any Person for
the purpose of Lobbying, the Lobbyist shall advise the Commissioner's office or Employee's
department office as appropriate of the calendar scheduling of an appointment and the subject matter
of the Lobbying contact.
Section 5. Cone of Silence.
A.
"Cone of Silence" means a prohibition on any communication, except for written
22
correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or any
other competitive solicitation between:
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1.
Any Person or Person's representative seeking an award from such competitive
solicitation, and
2.
Any County Commissioner or Commissioner's staff, or any Employee authorized to
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act on behalf gf the CO]:J"mi~~ion to o"v~rc1 " port;",,!or ",m!rae!
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B.
For the purposes of this Section, a Person's representative shall include but not be limited
to the Person's employee, partner, officer, director, consultant, Lobbyist, or any actual or potential
subcontractor or consultant of the Person.
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C. The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other
response to a competitive solicitation. Each Request for Proposal, Request for Qualification, bid,
or any other competitive solicitation shall provide notice of Cone of Silence requirements and refer
to this Ordinance.
D.
The provisions of this Ordinance shall not apply to oral communications at any public
proceeding, including pre-bid conferences, oral presentations before selection committees, contract
negotiations during any public meeting, presentations made to the Board, and protest hearings.
Further, the Cone of Silence shall not apply to contract negotiations between any Employee and the
intended awardee, any dispute resolution process following the filing of a protest between the Person
filing the protest and any Employee, or any written correspondence at any time with any Employee,
County Commissioner, or Advisory Board Member or selection committee member, unless
specifically prohibited by the applicable competitive solicitation process.
E.
The Cone of Silence shall not apply to any purchases made in an amount less than the
competitive bid threshold set forth in the Palm Beach County Purchasing Ordinance (Palm Beach
County Code Chapter 2, Article III, Division 2, Part A, Section 2.51, et seq.).
F.
The Cone of Silence shall terminate at the time the Board, or a County Department authorized
to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or
otherwise takes action which ends the solicitation process.
Section 6. Enforcement.
A.
If the County Administrator is informed of any Person engaged in Lobbying activities who
23
has failed to comply with the requirements of this Ordinance, he or she shall conduct an investigation
as deemed necessary under the circumstances. In the event the County Administrator determines
that a violation has occurred based on the results of the investigation, the following enforcement
procedures shall apply.
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B.
A notice of violation shall be transmitted to the Person indicating the nature of the violation
29
and the penalty imposod. Tho Lgb\:))~st shall have up tg thirty days after the date of the Jlotice to ~eek
appeal of the penalty. In the event the Lobbyist fails to submit an appeal in writing to the County
Administrator within thirty days of the date of such notice, the violation shall be deemed final, and
the penalty imposed shall be effective immediately.
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C. Appeals of any decisions of the County Administrator shall be referred to a special master
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for hearin g.
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I.
Creation and Appointment. Appeal hearings pursuant to this Ordinance shall be
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conducted by designated special masters. Applications for special master positions shall be directed
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to the County Administrator pursuant to a notice published in a newspaper of general circulation.
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The County Administrator shall select a pool of candidates from applications filed on the basis of
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experience and qualifications. The County Administrator shall appoint each special master to
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conduct each hearing from the pool of candidates selected, as necessary. A special master shall be
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a graduate of a law school accredited by the American Bar Association, and a current member in
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good standing of The Florida Bar. The County Administrator shall give preference to those attorneys
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who have prior experience in a judiciary capacity, or as a hearing officer, mediator, or special master.
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Special masters shall serve without compensation for their services, and shall not be considered
13
Employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach
14
County necessary to fulfill their responsibilities as a special master.
] 5
2.
Conduct of Hearing. Hearings before the special master shall be conducted as
]6
follows:
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a.
Persons seeking appeal will receive written notice by certified mail of the
1 Q
, u
heanng no less than fifteen working days in advance of the hearing. The specIal master shall
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render a decision on the appeal within fifteen working days after the case was heard.
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b.
The special master shall provide Persons seeking appeal and any County
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representatives an opportunity to present testimony and evidence. All testimony shall be
22
under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental
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due process shall be observed and shall govern the proceedings. The special master, in his
24
or her discretion, may exclude irrelevant, immaterial, or unduly repetitious evidence, but all
25
other evidence ofa type commonly relied upon by reasonably prudent Persons in the conduct
26
of their aff~irs ,hall hp "rlm;"ihlp, whpthp.T or not "",h evirlence wOlllrl he arlmissible in a
27
trial in the courts of Florida. Any part of the evidence may be received in written form.
28
c.
The decision of the special master is final and appealable by writ of certiorari
29
pursuant to the Florida Rules of Appellate Procedure.
:'
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D. The validity of any action taken by the Board, the Advisory Boards, or any Employees, shall
not be affected by the failure of any Person to comply with the provisions of this Ordinance.
Section 7. Penalties.
A.
Violations of the Palm Beach County Lobbyist Registration Ordinance shall be punishable
as follows.
1.
Failure to properly register as required by Section 3 ofthis Ordinance shall be deemed
a single violation, punishable by a fine of two hundred fifty dollars ($250.00) per day for each day
an unregistered Lobbyist engages in Lobbying activity, in an amount not to exceed a total of two
thousand five hundred dollars ($2,500.00).
2.
Failure to properly provide Lobbying contact information as required by Section 4
of this Ordinance shall be punishable by a fine of two hundred fifty dollars ($250.00) for each
violation.
3.
Violations of the Cone of Silence set forth in Section 5 of this Ordinance shall be
punishable by a fine of two hundred fifty dollars ($250.00) for each violation.
4.
Any Person who knowingly makes or causes to be made a false statement or
misrepresentation in maintaining a Lobbyist registration shall be subject to a fine of two hundred fifty
dollars ($250.00) for each violation.
5.
Any Person who violates the provisions of this Ordinance more than once during a
twelve-month period shall be prohibited from Lobbying as follows: A second violation shall result
in a prohibition of one year; a third violation shall result in a prohibition of two years.
6.
The penalties provided in this section shall be exclusive penalties imposed for any
violation of the registration, contact log, and Cone of Silence requirements of this Ordinance. Failure
6
or refusal of any Lobbyist to comply with any order of the County or special master shall be
2
punishable as provided by law, and shall otherwise be subject to such civil remedies as the County
3
may pursue, including injunctive relief.
* * *
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XI. - NEW BUSINESS
ITEM D.
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 Citv Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) [g] March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon)
0 February 13, 2007 January 22, 2007 0 April 3,2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative [g] New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion of amendment to City of Boynton Beach Code of Ordinances to require super-
majority vote of the City Commission for Dissolution of the CRA.
EXPLANATION: Pursuant to Fla. Stat 163.357, the City Commission may, by resolution, declare itself to
be the Community Redevelopment Agency. The City Commission may wish to consider an ordinance restricting the
Commission's ability to designate itself the Community Redevelopment Agency by requiring that such designation occur only
with a super-majority vote of the City Commission. A change of that nature is inconsistent with the statutory scheme which
grants the City Commission the power to implement changes to the governing board of the CRA. An Ordinance requiring
change by super majority would, in and of itself, be subject to rescission by a normal majority vote.
In light of these restraints it seems legally unnecessary to implement the suggested modification.
PROGRAM IMP ACT: Policy decision.
FISCAL IMP ACT:
Unknown at this time.
AL TERNA TIVES:
Maintain the status quo.
~~<:
DepartmentHead's Signature
v~o (~
t-~1nager's SIgnature
Assistant to City Manager ~
City Attorney
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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163.357 Governing body as the community redevelopment agency.--
(1 )(a) As an alternative to the appointment of not fewer than five or more than seven members of the
agency, the governing body may, at the time of the adoption of a resolution under s. 163.155, or at any
time thereafter by adoption of a resolution, declare itself to be an agency, in which case all the rights,
powers, duties, privileges, and immunities vested by this part in an agency will be vested in the
governing body of the county or municipality, subject to all responsibilities and liabilities imposed or
incurred.
(b) The members of the governing body shall be the members of the agency, but such members
constitute the head of a legal entity, separate, distinct, and independent from the governing body of
the county or municipality. If the governing body declares itself to be an agency which already exists,
the new agency is subject to all of the responsibilities and liabilities imposed or incurred by the existing
agency.
(c) A governing body which consists of five members may appoint two additional persons to act as
members of the community redevelopment agency. The terms of office of the additional members shall
be for 4 years, except that the first person appointed shall initially serve a term of 2 years. Persons
appointed under this section are subject to all provisions of this part relating to appointed members of a
community redevelopment agency.
(d) As provided in an interlocal agreement between the governing body that created the agency and
one or more taxing authorities, one or more members of the board of commissioners of the agency may
be representatives of a taxing authority, including members of that taxing authority's governing body,
whose membership on the board of commissioners of the agency would be considered an additional duty
of office as a member of the taxing authority governing body.
(2) Nothing in this part prevents the governing body from conferring the rights, powers, privileges,
duties, and immunities of a community redevelopment agency upon any entity in existence on July 1,
1977, which has been authorized by law to function as a downtown development board or authority or
as any other body the purpose of which is to prevent and eliminate slums and blight through community
redevelopment plans. Any entity in existence on July 1, 1977, which has been vested with the rights,
powers, privileges, duties, and immunities of a community redevelopment agency is subject to all
provisions and responsibilities imposed by this part, notwithstanding any provisions to the contrary in
any law or amendment thereto which established the entity. Nothing in this act shall be construed to
impair or diminish any powers of any redevelopment agency or other entity as referred to herein in
existence on the effective date of this act or to repeal, modify, or amend any law establishing such
entity, except as specifically set forth herein.
History.--s. 2, ch. 77-391; s. 75, ch. 79-400; s. 2, ch. 83-231; s. 5, ch. 84-356; s. 3, ch. 2006-307.
http://www.leg.state.f1.us/statutes/index.cfm ?mode=View%20Statutes&SubMenu=] &App... 2/20/2007
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XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D December 5, 2006 November 20,2006 (Noon,) D
D January 2, 2007 December 18,2006 (Noon) ~ March 5, 2007 February 12,2007 (Noon)
D January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
o City Manager's Report
o New Business
d. :"")
Consent Agenda [gI Legal 2 'l.. R~l~:3 ~~
Code Compliance & Legal Settlements 0 Unfinished Business i;; -< 0
P bl' H ' D :z: <, .."
U IC earmg 'CD
r-tl0
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RECOMMENDATION: Motion to amend the Land Development Regulations' Chapters 5,6 & 7 to clarify thai.811 p~ii
and private development projects are subject to surety requirements, ::E (;'/'6
W ~z
EXPLANATION: Certain chapters within the Land Development Regulations contain surety requirements for ~ou~~
specific elements within each chapter, but not in total of all of the components that effect land development proj~, ~f;
proposed ordinance clarifies the applicability and delineation of those tasks that require surety throughout any developm~.
NATURE OF
AGENDA ITEM
o
o
o
o
o
Administrative
Announcements/Presentations
PROGRAM IMPACT: None
FISCAL IMPACT: None
AL TERNA TIVES: Continue with fragmented regulations as they relate to surety requirements.
; /!-~entHoad"s;gnatw, ~:'S;;"tw,
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Public Warks / Engineering Division
Department Name
Assistant to City Manager
\.C-
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07 -
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING CHAPTER 5, ARTICLE V, SECTION 2A2,
7 CHAPTER 6, ARTICLE V, SECTION 7, AND ARTICLE
8 VI, SECTIONS 1 & 3, TO CLARIFY THAT ALL
9 PUBLIC AND PRIVATE DEVELOPMENT IS SUBJECT
10 TO SURETY REQUIREMENTS, AND AMENDING
11 CHAPTER 7, ARTICLE I, SECTION 2(A), ALL
12 CONTAINED IN THE LAND DEVELOPMENT
13 REGULATIONS, CLARIFYING THE APPLICABILITY
14 AND DELINEATION OF THOSE TASKS THAT
15 REQUIRE SURETY IN LAND DEVELOPMENT;
16 PROVIDING FOR CONFLICTS, SEVERABILITY,
17 CODIFICATION AND AN EFFECTIVE DATE.
18
19
20 WHEREAS, the City Commission finds that the above titled code references
21 regarding surety requirements for land development projects needs to be clarified and
22 defined clearly; and
23 WHEREAS, the City Commission has noted that other chapters in the Land
24 Development Regulations (LDR) [Chapters 5, 6, 7,5, 8 and 22] require surety for those
25 applicable items noted within each respective chapter, but not in total of all of the
26 components that effect land development projects.
27 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
30 herein by this reference,
31
Section 2,
Chapters 5, 6 & 7 of the LDR are hereby amended as follows:
32
33
34
LAND DEVELOPMENT REGULATIONS
CODE OF ORDINANCES, PART III
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* * *
CHAPTER 5
PLATTING
* * *
ARTICLE V. PLAT PREPARATION AND APPROVAL
* * *
Sec. 2. Submission of final plat.
* * *
A.2. Surety guaranteeing that all work required whether public or private, that ,<vill
not be constructed, O\vned and maintained in perpetuity by the developer and his successor
and/or assigns will be completed in full accordance with the plat and approved construction
plans; with all conditions attached thereto; and with Boynton Beach Land Development
Regulations, provided that no suroty is required for sewage collection and transmission
systems, ,vater distribution systems and transmission systems 'Nhich '.'lill be con';eyed to the
city upon completion of their construction. Surety for required utility system improvements
shall be coordinated directly with the Utilities Department, whether they will remain private
or conveyed to the city upon completion of their construction. Surety shall be substantially
in the form and amount delineated in Chapter 7; and
* * *
CHAPTER 6
REQUIRED IMPROVEMENTS
* * *
ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS
* * *
Sec. 7. Obtaining Certificates of Occupancy.
No Certificates of Occupancy will be issued for buildings in the platted subdivision
until all required improvements are completed, approved and/or iHl€l accepted by the City,
except that a developer may, at his option, post additional 110% surety in compliance with
Chapter 7 for work which may be more prudently put in place subsequent to building
construction such as sidewalks and landscaping. Certificates of Occupancy will not be
issued for the final ten (10) percent of the buildings until such work is approved and/or
accepted by the city as completed.
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1 ARTICLE VI. ACCEPTANCE AND MAINTENANCE OF REQUIRED
2 IMPROVEMENTS
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4 Sec. 1. Workmanship and material agreement.
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The developer shall execute and deliver to the city a cash bond or other acceptable
surety in an amount detennined by the city engineer, guaranteeing the required
improvements whether public or private, that are dedicated to the public for against defect in
workmanship and material for one (1) year after acceptance of such improvements by the
City Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the city
simultaneously with the satisfactory delivery of the documents required in Article V, Section
5, of this chapter.
* * *
Sec. 3. City completion of required improvements.
When a plat has been recorded and the developer fails to complete the improvements
required by this ordinance, the City Commission may, at it's option, complete the publicly
or privately owned and maintained improvements or restore the site to its original condition
under the guarantees provided by the developer. In such case, the City Commission shall
direct the city engineer to call upon the guarantees as outlined in Chapter 7, Article I,
Section 2, paragraph D.
* * *
"l'7
L./
CHAPTER 7
SURETY
ARTICLE I. IN GENERAL
* * *
Sec. 2.
Applicability
A.
When required.
Whenever surety is required within the Boynton Beach Code of Ordinances
and/or Land Development Regulations it shall be provided in the form and manner
prescribed in Section 3 hereinafter. The type of surety shall be determined by the
administrator of the code section involved, and shall be acceptable to the Boynton
Beach City Attorney. Required improvements shall include all those items stipulated
in Chapter 6, Article III of the LDR including restoration of the lands disturbed by
said improvements. Surety for required utility system improvements shall be
coordinated directly with the Utilities Department, whether they will remain private
1
2
3
4
5
6
7
or converyed to the city upon completion of their construction. It shall also include
any off-site areas disturbed to install any improvements required by the proiect.
Surety shall be required for improvements associated with all planned developments,
to wit, PCDs, Pills, PUDs, etc,
8
Section 3.
Each and every other provISIOn of said chapters, not herein
9 specifically amended shall remain in full force and effect as previously enacted.
10
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
11 same are hereby repealed.
12
Section 5.
Should any section or provision of this Ordinance or portion hereof,
13 an paragraph, sentence or word be declared by a court of competent jurisdiction to be
14 invalid, such decision shall not affect the remainder of this Ordinance.
15
Section 6.
Authority is hereby granted to codify this said Ordinance.
16
Section 7.
The Ordinance shall become effective immediately after passage.
17
18
{REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
FIRST READING this _ day of
.2007,
2
SECOND, FINAL READING AND PASSAGE this
day of
3 2007,
4
5 CITY OF BOYNTON BEACH. FLORIDA
6
7
8
9 Mayor - Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
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21
22 ATTEST:
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner ~ Carl McKoy
)"
_J
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28
City Clerk
(CORPORA TE SEAL)