Agenda 05-15-07
The City of
Boynt n Be h
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
MAY 15,2007
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
Jose Rodriguez
Vice Mayor
Mack McCray
Commissioner - District 1\
Carl McKoy
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
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Thank you for attending the City Commission Meeting
GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. ff
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. 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, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
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 who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled 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).
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City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
May 15, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
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:
1. June 5, 2007 City Commission meeting cancelled.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. National Police Week - May 13-19, 2007
b. Code Enforcement Officers Appreciation Week - June 4-8, 2007
(Added due to June 5th meeting cancellation)
2. Presentation of the Peacemakers Program of the Community
Development Corporation to the City Commission in gratitude for their
support.
3. Presentation of Certificates of Appreciation for approximately 200
volunteers who participated in the Great American Cleanup held on
Saturday, April 21, 2007.
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Agenda
Regular City Commission
Boynton Beach, FL
May 15, 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
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09
I Weiland Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09
IV McKoy Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2)
II McCray Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07
II McCray Cemetery Board Alt 9 mo term to 12/07
III Rodriguez Code Compliance Board Alt 9 mo term to 12/07
II McCray Code Compliance Board Reg 33 mo term to 12/08 Tabled (2)
III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled (2)
IV McKoy Community Relations Board Alt 9 mo term to 12/07
III Rodriguez Education & Youth Advisory Board Reg 21 mo term to 12/08
I Weiland Education & Youth Advisory Board Alt 9 mo term to 12/07
II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07
IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07
Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07
Mayor Taylor Library Board Alt 9 mo term to 12/07 Tabled (2)
Mayor Taylor Recreation & Parks Board Alt 9 mo term to 12/07
II McCray Senior Advisory Board Alt 9 mo term to 12/07
I Weiland Senior Advisory Board Alt 9 mo term to 12/07 Tabled (2)
II McCray Veterans Advisory Commission Alt 9 mo term to 12/07
III Rodriguez Veterans Advisory Commission Alt 9 mo term to 12/07
IV McKoy Veterans Advisory Commission Alt 9 mo term to 12/07
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. Agenda Preview Conference - April 27, 2007
2. Regular City Commission - May 1, 2007
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Agenda
Regular City Commission
Boynton Beach, FL
May 15, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Award the "BRIDGE REPAIRS TO SOUTH LAKE DRIVE BRIDGE" to Con
Tech of Delray Beach, FL in the contract amount of $84,430 plus an
owner's contingency of 10%, in the amount of $8,443, for a total project
budget appropriation of $92,873.
2. Approve a piggyback off the City of Jacksonville Beach, Florida Bid #3-
0203 with AU I, LLC, of Jacksonville, FL. for Infrastructure Pipe Cleaning
& TV Inspection Services with an expenditure of $507,450.
3. Approve a piggyback off of the Jacksonville Electric Authority Bid #WCS-
123-00 with Insituform Technologies Inc. of Jacksonville, FL and the City
of Delray Beach contract #2002-37 with Chaz Equipment of Wellington,
FL. with a total expenditure amount of $207,708.
C. Resolutions
1. Proposed Resolution No. R07-0S0 RE: Approving and
authorizing execution of Amendment No. 2 to Task Order U-04-18-2,
Stanley Consultants, Inc., in the amount of $49,858 providing for
completion of the conversion of existing utility base maps to a new
AutoCAD standard, conversion of contractor submittals to the AutoCAD
standard, and responding to comments as the AutoCAD standard is
incorporated into the City's workflow.
2. Proposed Resolution No. R07-0S1 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Anthony and Latonia Beltran for the property at 1029
Seagrape Road, Lantana, FL (Hypoluxo Ridge Add 2 Lot 52).
3. Proposed Resolution No. R07-0S2 RE: Approving and
authorizing execution of the amendment of the Interlocal Agreement
between Palm Beach County and the City for funding of construction of
the replacement of the Wilson Center, extending the project completion
date to December 31, 2007.
4. Proposed Resolution No. R07-0S3 RE: Approving and
authorizing execution of a Local Agency Program Agreement (LAP) with
the State of Florida Department of Transportation (FDOT) for the
development of bikeways and greenways along an extension of the
Palmetto Greens Greenway. The cost of this project is $440,000 with
$50,000 for design and $390,000 for construction. This is a non-
matching fund grant; therefore, no additional funds will be provided by
the City.
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Agenda
Regular City Commission
Boynton Beach, FL
May 15, 2007
5. Proposed Resolution No. R07-0S4 RE: Approving and
authorizing execution of a Local Agency Program Agreement (LAP) with
the State of Florida Department of Transportation (FDOT) for the
development of bikeways and greenways through Barton Memorial Park
and Scrub for a safer route to Galaxy Elementary School. The cost of this
project is $112,900 with $18,300 for design and $94,000 for
construction. This is a non-matching fund grant; therefore, no additional
funds will be provided by the City.
6. Proposed Resolution No. R07-0SS RE: Approving and
authorizing execution of Amendment 1 of Task Order #U04-14-02 with
Mathews Consulting for an amount not to exceed $667,843 for the
purposes of designing, permitting, bidding, inspecting and providing
services during construction for the Phase 1 Reclaimed Water System.
7. Proposed Resolution No. R07-0S6 RE: Approving and
authorizing execution of a Right-of-Way Warranty Deed granting Palm
Beach County a former lift station parcel adjacent to Old Boynton Road.
(Added due to June 5th meeting cancellation)
8. Proposed Resolution No. R07-0S7 RE: Approving and
authorizing execution of Task Order #U07-1-1 to Arcadis, for professional
engineering services related to the East Water Treatment Plant Chlorine
Conversion Project for $67,634. (Added due to June 5th meeting
cancellation)
D. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works
Department and allow for the sale of same.
E. Authorize the use of $1,000 for the Peacemakers Program from Vice Mayor
Rodriguez's Community Investment Funds.
F. Approve emergency sewer repairs on Gateway Boulevard between Congress
Avenue and Lawrence Road with the expectation that costs will not exceed
$77,100 if allowed to stabilize the ground by injecting high density grout or
$105,500 if necessary to excavate and re-compact the soil.
G. Approve emergency sewer line repair on Boynton Beach Boulevard between
Congress Avenue and Winchester Road for a total cost for inspection and repair
of $79,775.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
A. Approve a negotiated settlement agreement in the amount of $25,000 in the case
of Jonathan Murdaugh vs. City of Boynton Beach.
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Agenda
Regular City Commission
Boynton Beach, FL
May 15, 2007
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.
Project:
Agent:
Owners:
Location:
Descri ption:
Healing Heart/White Elk, LLC (SPTE 07-005)
Nancy Keller, Managing Member of White Elk Enterprises, LLC
White Elk Enterprises, LLC
226 SE 23rd Avenue
Request for a one (1) year site plan time extension for major site
plan modification approval granted on March 21, 2006 from March
21, 2007 to March, 21, 2008
IX. CITY MANAGER'S REPORT:
A. Water, Sewer and Stormwater Rate Study Report
B. Status report on Youth Violence Prevention Project
C. Approve making an application for Weed and Seed Community designation and
funding from the U.S. Department of Justice.
D. Discussion of Proposed Interlocal Agreement with State of Florida for Railroad
Crossing Equipment Maintenance for Crossing at SE 23rd Avenue and FEC
Railroad. Staff is recommending that the Resolution authorizing the agreement
not be approved at this time because the funding for the maintenance should
come from Palm Beach County, not the City of Boynton Beach because SE 23rd
Avenue is a County-maintained roadway, not a City-maintained roadway. The
County receives lane-mile gas tax revenue from SE 23rd Avenue. (Proposed
Resolution No. R07-058)
E. Review and approve the Avenue of the Arts program.
X. FUTURE AGENDA ITEMS:
A. Preliminary budget review.
XI. NEW BUSINESS:
A. Discussion of Code Amendment for Mobile Food Vendors per request of City
Commission at May 1, 2007 Commission Meeting.
B. Discussion regarding Code violations at Ralph & Rosie's restaurant on Federal
Highway.
C. Update on the status of Jordan Towing
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Agenda
Regular City Commission
Boynton Beach, FL
May 15, 2007
D. Modification of Community Investment Funds program to require mandatory,
post expenditure reports to the Commission illustrating the results achieved from
funding.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-010 RE: Amending
Section 18-181 of the Boynton Beach Code of Ordinances to expand the
Firefighter Pension Board's investment authority by permitting investment
in all authorized investments as permitted by Florida law. (Tabled to
May 15, 2007)
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 07-011 RE: Approving the
revision of Chapter 2.5, Alarm Systems, City of Boynton Beach Code of
Ordinances.
2. Proposed Ordinance No. 07-012 RE: Approving the
revision of Chapter 9, Fire Protection and Prevention, City of Boynton
Beach Code of Ordinances to ensure compliance with the Florida Fire
Prevention Code, pursuant to Florida Statute 633.025. (City
Manager recommends that if this item is approved on first
reading on May 15, 2007 that second reading of the Ordinance be
tabled to June 19, 2007 to allow publiC review and comment
D. Resolutions:
None
E. Other:
1. Approve proposed settlement of $7,000 of attorney's fees for John W.
Little, III and John Bryan, counsel for Alberta K. Bell, individually and
d/b/a JS Convenience Store or Bells Quick Stop and Octavia Bell,
individually and d/b/a JS Convenience Store or Bells Quick Stop, Bells
Quick Stop, Inc., an involuntarily dissolved Florida corporation (Parcel No.
114).
2. Approve proposed settlement of $2,000 of attorney fees for John W.
Little, III, counsel for Johnny Lee Roberts, individually and d/b/a Roberts
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Agenda
Regular City Commission
Boynton Beach, FL
May 15, 2007
Restaurant and Betty J. Roberts, individually and d/b/a Roberts
Restaurant (Parcel No. 110).
3. Approve proposed settlement of $2,250 of attorney's fees for John W.
Little, III, counsel for Triumph the Church Kingdom of God in Christ, Inc.
(Parcel No. 103).
4. Approve proposed settlement of $18,982 of attorney's fees and costs for
John W. Little, III and Sachs, Sax, & Klein, counsel for Marwan Ghali and
Suhair Gali (Parcel Nos. 104, 106 & 115) and appraisal fees for Allied
Appraisal, Callaway & Price and Donald Muncy.
XIII. UNFINISHED BUSINESS:
A. Revisit the text amendment to Land Development Regulations that will allow
schools to be a conditional use in Industrial Use Districts.
B. Accept report from the Community Redevelopment Agency (CRA) on the status
of the Old High School.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HElsHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElsHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH
A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY
THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN
ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA 5/14/07 10:00 P.M.
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7
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.) 0 June 19.2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon)
~ May 15, 2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July] 6, 2007 (Noon)
~ Announcem ents/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Recommend that the Commission issue a proclamation proclaiming
National Police Week, May 13-19.
EXPLANATION: Federal law (Public Law 103-122) directs that all flags be flown at half-staff in honor
of fallen law enforcement officers. This directive also designates May 15th as Police Officers Memorial
Day and May 13-19 as National Police Week. Each year the City Commission issues a proclamation
pursuant to National Police Week. (Proclamation is attached.)
PROGRAM IMPACT: Local recognition of a nationwide program.
FISCAL IMP ACT: (Include Account Number where funds will come from)
attached to this proclamation.
No expenditure of funds is
ALTERNATIVES:
None.
;Z~~
City Manager's Signature
Assistant to City Manager ~
City Attorney I Finance
Department Name
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
PROCLAMA TION
WHEREAS, there are more than 800,000 law enforcement officers serving in communities across the United
States, including 159 sworn members of the Boynton Beach Police Department;
WHEREAS, some 56,000 assaults against law enforcement officers are reported each year, resulting in
17,000;
WHEREAS, since the first recorded death in 1792, nearly 18,000 law enforcement officers in the United
States have made the ultimate sacrifice and been killed in the line of duty; and
WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law
Enforcement Officers Memorial, which was dedicated in 1991 in Washington, D.C..;
WHEREAS, 382 names are being added to the National Law Enforcement Officers Memorial this spring,
including 145 officers killed in 2006 and 237 historical cases involving officers killed in previous years'
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored, and the names of
the officers newly engraved on the Memorial will be formally dedicated, during the Nation Law Enforcement Officers
Memorial Fund's 19th Annual Candlelight Vigil, on the evening of Sunday, May 13, 2007;
WHEREAS, the candlelight Vigil is part of National Police Week, which takes place this year on May 13-19;
WHEREAS, May 15 is designated as Peace Officers Memorial Day, with federal law (P.L. 103-322)
directing that all flags be flown at half-staff on that date in honor of fallen officers and their families;
WHEREAS, in the year 2000 the United States Congress passed, and President Bill Clinton signed,
legislation authorizing a National Law Enforcement Museum to be built adjacent to the National Law Enforcement
Officers Memorial in Washington, D.C; and
WHEREAS, this first-ever National Law Enforcement Museum, scheduled to open in 2011, will provide a
comprehensive and educational look at the law enforcement profession and further honor those officers who have
made the ultimate sacrifice;
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do recognize the week of
May 13 -19,2007 as
"POLICE WEEK"
in the City of Boynton Beach, and publicly salutes the service of law enforcement officers in our community and in
communities across the nation.
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 15nth day of May in the Year 2007.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
\il\~C'<Y_~'
0\ '
)-/\ """, ... <
"0- ,c
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.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 Ci tv Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon,) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon)
I&l May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
LJ June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
~ Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal ")
".1
0 Code Compliance & Legal Settlements 0 Unfmished Business
-)
0 Public Hearing 0 ::::0
C0
o
RECOMMENDATION: Read enclosed Proclamation (Exhibit "A") into the record recognizing the week of June ~
as "Code Enforcement Officers Appreciation Week." ~~"' "
- ~-
EXPLANATION: This Proclamation recognizes Code Enforcement professionals for the work they do in ~ping:i~
protect the safety, health & welfare of the citizens in our community. c.) -~;E.:;
PROGRAM IMPACT: Reinforces the fine work our officers do in an environment that requires professionalism and
expertise in addition to working in an ever increasing hostile environment.
FISCAL IMPACT: Not applicable
ALTERNATIVES: Not applicable
~Si~_
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
l= >l- '" ',\:)l-Y \1 F\ II
PROCLAMA TION
WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in
this community through the enforcement of building. zoning. housing, animal control, fire safety.
environmental and other codes and ordinances: and
WHEREAS. Code Enforcement Officers are often not credited for the jobs that they do in saving lives
and improving neighborhoods; and
WHEREAS. every day, assisted by support and program statL they attempt to provide quality
customer service to the public for the betterment of the community: and
WHEREAS. too many times their dTems go unnoticed. even after code compliance has been
accomplished due to their efforts and expertise: and
WHEREAS. Code Enforcement Officers are dedicated. well trained. and highly responsible
individuals who take their jobs seriously and are proud of their department and the local government
within which they serve; and
WHEREAS. the Florida Association of Code Enforcement (F,AC.E.) has declared the first week of
June be set aside by local government to honor and recognize their Code Enforcement Officers:
NOW THEREFORE, through the authority \ested in me by the Commissioners/Council of
__~_______~__' Florida, I do hereby proclaim the week of June 4-8, 2007 as
CODE ENFORCEMENT OFFICERS' APPRECIA nON WEEK
in ________ ___ (City/County) Florida. 1\1
observance of the same and encourage citizens of _
this CouncilTommission in expressing appreciation for the dedication
provided by the individuals who serve as our Code Enforcement Officers.
accordance with the statewide
(City/County) to join
and outstanding service
Duly proclaimed and adopted in regular session this ____ day of ___A.D. 2007.
BOARD OF CITY COUNCIL/COUNTY COMMISSIONERS
of
, FLORIDA
by:
ATTEST:
Mayor/Chair
Clerk
INTERFACE March 2007
page 13
CERTIFICATION PR()GRAM
FEE SCHEDULE
Class hours
Exams
. $12/hour, members $15/hour non-members
. $75 members $110. non-members (also tor [:Iayme.'",;,
reC81vea pasi tre at PT! $115
Legal Issue Paper
. $60 members
nonmembers
The Florida Association of Code Enforcement has estatll!shed four levels of !l;j!v!:::,als
working in the field of Code Enforcement in FlOrida \l\irnch include
. Levell - Fundamentals of Code Enforcement An hours of c;iasses and passage
. Level II - Administrative Aspects of Code Enforcement 40 h()urs of classes dr",) ; aSS30i:
examination
, Level III - Legal Aspects of Code Enforcement [lours (lasses "nu p;:;,ssdqc;.a;
. Code Enforcement Professional (CEP)
Requires three years employment in Code Enbrcen :8;';1 ce1t:flcatlor',.n three
and passing of an approved !egallssue paDe! ~,hOI I'S CEll eclit (lIver'
CLASSES, CONTACTS, EXAMS
FLORIDA ATLANTIC UNIVERSITY
Ft Lauderdale Ann Carlson 561 297 3749
UNIVERSITY OF CENTRAL FLORIDA
()rlandc Susan Pructmlck 4(1 396'
Levell
Exam:
March 19 - 23 2007
8 -- 10 am March 24. 2007
Levell
Exam:
May 7 - 11 2007
8 - 10 am May 12 2007
;'3vel iil Exam for the Apn'
Retake Exam-all Levels
Exam 1('; .~ ';'.f!
\''ll~
Level II
Exam:
March 26-30 2007
8 -.. 10 am March 31 2007
UNIVERSITY OF SOUTH FLORIDA
arrrP3 feralynn Pattersc"
Exam
00
IviarC1:
arn Marc'
FLORIDA GULF COAST UNIVERSITY
Fort Myers. Joanne Hartke. 239590 7815
l..,t::;ve! !
Exam
q.oo
Level III
Exam
July 7 - 1116 1/.2007
2- 4 pm July 1 200-;
.,e:ve!
FLORIDA STATE UNIVERSITY
Tallahassee. Amy Brewer. 850487 1870
No classes scheduled at this time
. eve!
Exam
;)ctober
9 00 I 00 am
evel Ii
Exam
November
900 11 00 arn Ne,!
)00'
INTERFACE March 2007
page
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:II.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAA.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
D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 ONoon)
r8J May 15, 2007 April 30, 2007 (Noon) D July ]7,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon)
r8J AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Allow presentation from the Peacemakers program of the Community Development Corporation to
the City Commission in gratitude for their support.
EXPLANATION: The Peacemakers is a program of the Boynton Beach Faith Based Community Development Corporation
(CDC) whose main focus is to assist children academically through tutorial assistance. Some of the benefits of the program
are improved student behavior/conduct, increased GP A, enhanced socialization skills, and the opportunity for growth and
increased self-esteem. The program also helps to instill good study habits and provides children a safe atmosphere after
school where they can engage in constructive activities such as arts and sports.
PROGRAM IMPACT: Through the support and assistance of community leaders, the Peacemakers program has held
quarterly dinner meeting with parents, gone on several field trips to include the Dance & Magic Show at the Duncan Theater
and the Ballet "The Sleeping Beauty" at PBCC, and participated in "Operation Clean and Green Neighborhood" which is in
its third successful month. Also, on May 17,2007 at 6:30 p.m. at Poinciana Elementary School, the Peacemakers will be
having their first annual award dinner/ceremony.
FISCAL IMPACT: N/A
ALTERNATIVES: Not to allow the presentation.
Assistant to City Manager
Cfl1<--
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
~
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY
PHONE (561) 752-0303 . FAX (561) 752-0302
Peacemakers
Boynton Beach Faith Based Initiative
The Peacemakers program of the Community Development Corporation would like to take the opportunity
to thank some very important and instrumental Community Leaders in our city. These individuals have played
a vital role in the support of our children and the many cultural events that would not have been possible
without their support.
These individuals supported the Peacemakers program by enabling us to have quarterly dinner meetings
with the parents, provide snacks, rental fees, and fuel for van usage. Also, we have had several field tJips, to
include the Dance and Magic show at the Duncan Theater (Palm Beach Community College), and the Ballet
"The Sleeping Beauty" (PBCC, Palm Beach Gardens Campus).
Though the main focus of the program is to assist our children academically through tutorial assistance,
there are many other benefits such as: to improve behavior/conduct, increase GPA, enhance sociarlZation
skills, provide opportunity for growth, and build self-esteem. The results of implementing such a program is to
instill good study habits, which will decrease the drop-out rate, and thereby pave the way for a college
education. The significance of providing the children a safe atmosphere after school, where they engage in
constructive activities such as arts and sports cannot be overstated.
Peacemakers would also like to express our gratitude to the CRA for establishing a community clean-up
program and allowing our youth to be the major participants in it .Operation Clean and Green Neighborhood"
is in its third month and the program is a resounding success. The children are gaining valuable skills in the
areas of accountabtlity and leadership. Their socialization skills are also improving as a result of working in
teams with other children within and outside of their own age group.
As the school year draws to an end, we look forward to having our first annual award dinner/ceremony and
we extend an invitation to all contributors and lor staff members. This event will be held May 17, 2007 at
6:30p' inciana Elementary School.
. Page
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D
D May I, 2007 April 16, 2007 (Noon) D
X May 15,2007 April 30, 2007 (Noon) 0
D June 5, 2007 May 14,2007 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
June 19,2007 June 4, 2007 (Noon)
July 3, 2007 June 18,2007 (Noon)
July 17,2007 July 2, 2007 (Noon)
August 7, 2007 July 16,2007 (Noon)
"'~ ...)
-
I
D City Manager's Report -.~,.
o New Business
Consent Agenda D Legal
Code Compliance & Legal Settlements 0 Unfinished Business
Public Hearing D c-
.J
-- " ;"1
RECOMMENDATION: To present Certificates of Appreciation for approximately 200 volunteers who participated in'the
Great American Cleanup held on Saturday, April 21, 2007. ~
NATURE OF
AGENDA ITEM
X
D
o
D
D
C:._
Announcements/Presentations
Administrative
EXPLANATION: On April 21, 2007, the City of Boynton Neighborhood Services Division coordinated the 8th annual Great
American Cleanup with seventeen neighborhood, civic and business organizations throughout the City of Boynton Beach. The
organizations are as follows: Golfview Harbour Homeowner's Association, Boynton Terrace Neighborhood Association,
Boynton Hills Neighborhood Association, MLK Neighborhood Association, Poinciana Heights Neighborhood Association,
Ridgewood Neighborhood Association, Bethesda Memorial Park Homeowners Association, Bethesda Memorial Hospital,
Village Royale on the Green, Four Seas Sun Condo Association, MAD DADS of Greater Boynton Beach, Boynton Beach
Faith-Based CDC Peacemakers, Deliverance by Faith Church, New Mount Zion Missionary Baptist Church, Boynton Beach
Schoolhouse Children's Museum, Girl Scouts, Inlet Cove Association (INCA), and the Haitian Bethel Baptist Church.
PROGRAM IMP ACT: The Great American Cleanup campaign made a significant impact on the environment and quality of
life in the City of Boynton Beach. This program improved the city's image, instilled a sense of pride in our community and
galvanized volunteers to emphasize the need to keep our community safe and free of trash and litter. Approximately 400 bags
of trash were picked up by the City of Boynton Beach Solid Waste Division and Solid Waste Authority of Palm Beach
County as a result of our volunteer efforts.
FISCAL IMPACT: (Include Account Number where funds will come from) Program was funded by the Keep Palm
Beach County Beautiful, Inc., and the Solid Waste Authority of Palm Beach County. Refreshments were provided by the
Boynton Beach CRA.
Neighborhood Services
Department Name
City Manager's Signature
Assistant to City Manager ~
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
V. ALJMJ.NJ.:'S I KA TIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 5/15/07
NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMIlTED
Aikens Willie L. Community Redev. 6/20/06
Aqency Board
Agee Beverly Planning & 3/20/07
Development Board
Barnes Matthew Planning & Community Arts Commission 03/05/07
Development Board Redevelopment
Agency
Buchanan James (Buck) Community Redev. 7/10/06
Aoencv Board
Cwynar William Planning & 02/28/07
Development Board
Love Rose A. Senior Advisory Bd. Recreation & Education & 5/8/07
Parks Adv. Bd. Youth Adv. Bd
Leuchter Kurt Veterans Advisory 5/9/07
Commission
Orlove William Recreation & Parks 5/9/07
Bd.
Wilson Willie Pearl Library Bd. Education & Senior Adv. Bd. 5/1/07
Youth Adv. Bd.
1
VI.-CONSENT AGENDA
ITEM B.l.
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 City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May 1, 2007 April ]6,2007 (Noon) D July 3, 2007 June] 8,2007 (Noon)
~ May 15, 2007 Apri130,2007 (Noon) D July 17, 2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon)
D AnnouncementslPresentations 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 award the "BRIDGE REPAIRS TO SOUTH LAKE DRIVE BRIDGE" to Con Tech of
Delray Beach, Florida, in the contract amount of$84,430.00, plus an owner's contingency of 10% in the amount of$8,443.00
for a total project budget appropriation of $ 92,873.00.
EXPLANATION: The Florida Department of Transportation (FDOT) bridge inspection team (Kisinger Campo &
Associates) conducts bridge inspections through FDOT District #4 to which Palm Beach County is part of, bi-annually. The
South Lake Drive bridge was included only during the last inspection period and dated October 27,2005. Since this bridge is
included on the current year CIP list to bring it up to date, we recommend the favorable award of this contract.
PROGRAM IMPACT: To provide the necessary repairs/upgrades/maintenance to an important bridge that connects this
City via South Lake Drive to the City of Delray Beach.
FISCAL IMPACT: c.I.P. Acct. No. 302-4905-580-63-22. There is a maintenance agreement in place with the City of
Delray Beach (approved by the City Commission on 3/21/06) that requires the City of Delray Beach to pay 50% of the
maintenance costs of the bridge with the first year capped at $35,000.00. We will invoice them upon completion of the bridge
repair work.
AL TERNA TIVES: None, except to allow for the bridge to deteriorate over time.
;~ \
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......./ ~ \" '. '- i:
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Public Works / Engineering Division
~
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Assistant to City Manager
~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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II
DATE
01/07
SOUTH DIANE DRIVE BRIDGE
CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
PG. NO.
Dee 22 06 10:33a
Con Tech Building Corp.
561-330-0404
p. 1
I.. '111:/1
Building Renovation & Restoration
3822 S_ Lanccwood PI. Delray Beach. Fl. 33445 Phone 561-637 -2222 Fa\:: 561-330-0404
Ernail: bbrcwcr(Q~ct-bc.com Web: wwwct-bc.com
Floriilillicense II CGC-062808
Friday. December 22. 2006
Attn: George Mantell
City of Boynton Beach
Project Information
] CO,ntact- George Mantell
Afidress-
i Cell # -
i Office # -561-742-6990
Fa.x # - 561-742-6285
Re: Bridge Restoration
STRUCTUAL REPAIR PROPOSAL
We are pleased to propose furnishing all labor, equipment, supervision and material for the execution of the
following scope of work as per engineering report by Kisinger Campo & Assc.
We believe that the items below are in accordance with your requirements and I hope that this proposal is
viewed favorably. We are available to you at any time to assist you with this or with any other construction
needs that you may have.
1. SCOPE:
Concrete Repair
Remove all unsound or delaminated concrete, providing a minimum 1/4" substrate profile amplitude and
3/4" clearance behind corroded reinforcing steel. A bond scrub coat will be applied to all repair areas, prior to
the application of the structural repair mortars. Prior to starting the placing of concrete, the entire area will be
cleaned with water, to a super saturated condition. After placing of any repair concrete, a coat of curing agent
will be applied,
Corroded reinforcing steel will have all oxidation and scale removed from the exposed steel and then treated
with a flexible cementious rebar coating,
Vertical repairs will generally be done with shrinkage-compensated, fiber-reinforced structural repair mortar
with integral corrosion inhibitor.
Horizontal repairs and most formed repairs, from }" to 8" deep will generally be done with a flowable,
shrinkage-compensated structural repair concrete with integral corrosion inhibitor.
Con Tech uses Sika, Sto, Sonneborn and Master Builders repair products_ All brands are nationally
recognized and are the best available_ The Engineer and/or the owner will determine the actual brand used.
Dee 22 06 10:33a
Con Tech Building Corp.
561-330-0404
p.2
2. CONTRACT SUM:
Bridge 935303 I r (L-. - ~.{
t......J.... :,\
mark item quantity unit cost total $
permit! exped iti n 9 1 Is cost
dumpster 2 e $375.00 $750.00
scaffolding/safety 1 Is $1,80000 $1,800,00
mobilization 1 Is $5,800.00 $5,800.00
traffic contrail 1 Is $8,500.00 $8.500.00
porta potty 2 mth $175,,00 $350,00
fuel 30 days $40,00 $1,200.00
element
98 asphalt overlay 1 Is $4,800.00 $4,800.00
deck repair 30 sf $250.00 $7,500.00
spall repair 10 cf $390.00 $3,900.00
$0.00
element
301 clean/seal joints 102 If $40.00 $4,080.00
$0,00
element
205 repair piles 20 cf $390.00 $7,800.00
$0.00
element
215 repair abutement 4 cf $390.00 $1,560.00
$0.00
element
321 repair approach slab Is $18,000.00 $18,000,00
$0,00
element
475 repair concrete walls 6 cf $390,00 $2,340.00
$0.00
element
290 channel grouting Is S3.800.00 $3,800.00
$0.00
misc. epoxy injection 350 If S35.00 $12,250.00
$0.00
$0,00
Totals $84,430.00
Note: Final cost will be based on actual quantities repaired or replaced.
- I
Bridge 935304 50(L'~ " '~, ")'< (-it ..... ~.,.. i:r~\
(_0
mark item quantity unit cost total $
permit/expediting 1 Is cost
dumpster 2 e $375.00 $750.00
scaffolding/safety 1 Is $1,800,00 $1,800,00
mobilization 1 Is $4,800,00 $4,800.00
porta potty 2 mth $175.00 $350.00
fuel 30 days $40.00 $1,20000
element 39
deck repair 16 sf $250.00 S4,000,00
spall repair 6 cf $390.00 $2,340,00
SO.DO
Dee 22 06 10:33a Con Tech Building Corp. 561-330-0404 10.3
element 301 clean/seal joints 52 If $40.00 $2,080.00
$0.00
element 330 repair guard rail Is $750.00 $750.00
$0.00
element 331 repair concrete rail 4 cf $390.00 $1,560.00
$0.00
element 205 repair concrete piles 6 cf $390.00 $2,340.00
SO.OO
element 321 repair approach slab Is $6,500.00 $6,500.00
$0.00
element 475 repair concrete walls 2 cf $390.00 $780.00
SO.OO
misc. epoxy injection 120 If $35.00 $4,200.00
SO.OO
element 290 remove vegatation Is $1,800,00 $1,800.00
Totals $35,250.00
Note: Final cost will be based on actual quantities repaired or replaced.
3. AL TERNA TES: None at this time.
4. VALUE ENGINEERING: None at this time.
5. MISCELLANEOUS:
A. Debris removal to contractor's debris container.
B. Owner shall supply all utilities.
C. Tile, carpeting, floor covering, and landscaping and interior finish/replacement will be by others.
D. A Notice of Commencement must be received by Con Tech before any work is started. Work may be
suspended ifpayments are not received on time. Invoice payment is due in full, according to contract terms.
If a lien needs to be placed on the property because of unpaid balances, a minimum of a $2,500
administration charge will be added to the lien amount.
E. Heavy equipment (cranes, concrete trucks, helicopters, etc.) may be used, Con Tech will not be
responsible for damage to existing sidewalks, driveways, landscaping, etc. because of equipment weight.
F, All work is bid as per prints and specs. Code issue changes will be treated as an additional work order.
Any work necessary to be performed, due to misc. findings, upon demolition or excavation, (i.e.
plumbing, electrical, mechanical, rock, water, dewatering, hazardous materials, etc.) not delincated
herein, shall be in addition to the contract sum,
G. A minimum repair charge will be charged on all repairs (1 cf, 1 If, 1 sf).
H. Misc. carpentry, concrete work and painting will be billed out at $42.00 per hour, plus material at cost
plus 15%.
L This proposal including scope of work becomes part of the general contract.
J. Should the scope of the project increase substantially in size, then the costs of the increased general
conditions shall be included in the increased scope.
K Any special order material requiring deposits by the manufacturer or supplier will be paid by the customer
before the product is ordered
L. All impact and municipal fees, utility fees/deposits, connection charges, meters, electrical service upgrade,
permits, expediting, engineering, bond costs, security, surveys, testing, x-rays and inspection costs, if
necessary, shall be Owner expenses.
M. In the event of a hurricane warning or watch, the securing of the jobsite will become an extra expense to the
owner. This includes dumpster removal, scaffolding tear down, securing material and temporary board up of
the property.
Dee 22 06 10:34a
Con Tech Building Corp.
561-330-0404
p.4
6. PROJECT DURATION:
This project should be substantially complete within ( 45 ) working days from commencement of actual
construction, subject to the availability of and delivery of any materials and/or fabricated items, permits
and inspections
7. PAYMENT TERMS:
All projects are billed out at the end of the month and are due within 10 days. A I .5% monthly
service charge will be applied on all invoice payments exceeding contract terms.
8. COMMENCEMENT:
Within 5 days ofrcceipt of the building permit.
Tlzallk you for giving Con Tech the opportunity to be of service to you.
To view projects ill progress or to learn more about us and the services we provide,
please visit our web site at
Sincerely,
Bob Brewer
President
Acceptance of Proposal
The above prices and specifications are hereby accepted. You are authorized to do the work as specified,
payment will be made as outlined above.
Authorized Signature ___________________________________ Date
Authorized Signature ___________________________________ Date -------------------
Proposal valid for 30 days.
C.E. M. EN.l~ERPR1SES~ INC.
FAX COVER SHEEl'
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DATE: 11.l0110G
COMPANY: Ct~~n4v~ ~.
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1757 BENBOW COURT
APOPKA. FLORIDA S2"03
(4.07) M4-914R
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11/01/2005 13:27
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CEM ENTERPRISES
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Feb 15 07 09:30a
J. Rawn Enterprises Inc.
5614788471
p.3
6963 Wilson Road
West Palm Beach, FL 33413
General Contractor
License # CGC 047088
Phone: 561-478-7445
Fax: 561-478-8471
PROPOSAL
Submitted To:
February 14, 200tl
City of Boynton Beach
George Mantell
Work Performed At:
Bridge at South Lake Drive I Lake Ida
Description of Work:
Repair bridge as per report and meeting with George Mantell
Included in Proposal:
Mobilization
Clearing and Grubbing
Scaffolding
Sod ( where Needed)
Sign age ( where needed)
Temporary Barricades
Removal of existing concrete
Fonn and Pour Concrete
Clean Inject and/or reseal Random Cracks
Prepare spa lied areas and restore with epoxy
Payment Schedule:
To Be Determined
All materials is guaranteed to be as specified, and the above work to be performed in accordance with the draw-
ings and specifications submittedfor the above work and completed in a substantial work like manner for the sum
of Seventy Four Thousand Seven HundredFour and no/JOO Dollars ($74.704.00 J.. " "7/ ,-
This proposal maybe withdrawn if not excepted within 30 days. ',. / /j~, ,,'/,' <-j
Respectfully submitted '-_~~" A<"'~~8"'/Z-~
// Jack D. Rawn. V.Pres.
Acceptance: The above prices, specifications and conditions are sat~ctory and are hereby accepted You are
authorized to do the work as specified. Payments will be made as outlined above.
Date:
Signature:
Jan 03 07 03:52p J. Rawn Enterprises Inc.
DEC-26-2006 13:00 H&W DISTRIBUTORS
5614788471
'::1:54 942 .:l5el7
10.5
P.01/08
Overview
How It's Made
tiow It's Used
The Warranty
lJsl! A. Handling
For The Pros
Dedcs a Projects
Lkensed ProdtJcers
Contact Us
Self-Study COU~
Search
Topic;s Include
IBGeneraI
lECode AcI:eptJlm:e
lERetentions
(!]AWPA Retention
Standards
lEAWPA Use Category System
lER.ecommended Hardware
[t)DI~1
lDPn!servedWood
e-news/etter
Genei'll'
The preservative in WolmaniZed@ outdoor@ wood is not
ill restJicted use pestldde and does not meet the
definition of hal!ardous waste. 11$ a result, fewer
environmental restrictions apply. No EPA precautions
appfy to handling the wood and there is no required
Consumer Aw.....eness Program (CAP).
Code Aa:eptance
Wolmanlzed OUtdoor wood meets requirements of model
building codes for many applications, and ill code
evaluation report has been issued. See evaluation report
ESR-1121 of the ICC Evaluation Service for allowable
values and/or conditions of use. Such reports are subject
to re-examination, revisions, and possible dosing of file.
The preselVatfve treatment is listed in the standards of
the American Wood-Preservers' Association and is
suitable for above-ground anCI ground contact
applications (Use Categories 1JC1, UC2, UC3, UC38,
UC4/\, UC4B and UC4C). Internationally, It Is approved by
Qovemment and tTade agencies throughout Europe and
in Australia, New Zealand, and Japan.
Retentions
Different applications may require different amounts of
preservative protection. Below are the standards of the
American Wood~lVers' Association for the two
copper azole formulations.
AWPA Retention StBndal"d$
<
/1.......... .... ....
p:l/WWW.WD~lllnizedwood.comlpro6.shtmJ
I A= r-'--,
Category CA B
DownlOlld Spec in ilny of
th... formIIts:
rn Worc:l 2002
[EJ Word Perfect 5.0
ItlR.TF
I!] PDF
tkre's .In M...."t.ge you
can pro_ote to customers;
1
Typical Applications
12126/2006
Jan 03 07 03:52p J. Rawn Enterprises Inc.
DEC-26-2006 13:00 H&W DISTRlBUTffiS
5614788471
954 942 45137
p.6
P.B2/138
IbS./w.ft.
Decking- ESR.-1721 0.08 5apwood species: decking
and spedaltJes
Exterior Constn.1C:tion 38 0.10 Oeddng, deck joists,
Above Ground railings, fence pickets
Fence postS, struc:tlmll
GroUnd Contact or 4A 0.21 lumber &. timbers. guantrall
Fresh Water pasts, utility poles in low
decay regions
Ground Contact, or Permanent wood
Fresh Water foundations, sawn & round
or Important 48 0.31 building poles, utifity poles
Structural in moderate decay regions
Components
-Recommendation of bulldmg code report, not AWPA.
AWPA Use Category SyItern
To see the entire table summanzlng the new AWPA Use categories and corresponding
retention levels fur wotmallnlzed Outdoor wood, elide here.
Rec.1DI'IIfII...... H.....~
Hot-clipped galvanized faSteners (meeting ASTM A 153) and connectDrs (ASTM A 653
Class G185 sheet), or better, are recommer1ded for protectIOn against the moisture
often present where treated wood Is usullHV used. For Permanent Wood Foundations,
uSl!: 304 or 316 staanless steel. Aluminum stlould not be used in direct contact with this
WOOd. I
For indoor applications, while galvanized fasteners are preferable, the use of non-
galvanized nails Dr Strews of sizes and types approved by the Model COde is ~b1e
when attaching jOi5tS, studs. or other framing to WoImanized slli plate, provkled the
wood will remain dry In service, protected from weather and water. Ukewtse, the use of
standard galvanized strapping, anchor plates. or mild steel anchor bolls Vz. diameter
and larger is acceptable for fasmning WoIrnanized wood to found~tiDns, provided that
the wood will remain dty In service, protected from the weather and water.
^ddltlonal infonnation on the c:orroslon of fZIsteners and cxmnectors used with alternative
presSUI'1! treated wood:
. Tech Note
. Update (WI White Paper
. HlII'CIware manul'ac:turers
Disposal
Wolmaniited wood waste, such as scraps, broken boards, and sawdust. can be disposed
of With ordinary trash collection. Neither the WOOd nor the preservative residues iiln!
considered hitt.ardOus wastes. If a partiwlar landfill has restrictions against CCA-tre4lted
WOOd, It may accept Wolmanlzed Outdoor wood. Treated sawdust and Shavings are not
recommended for composting, mulchiny, or animal bedding, and the wood should not
be bumed except in approved commercial incinerators.
\.~""'"
.. ~
.. .,.
: . For an AlA online CEU c:ourse on pressure-treated wood, dick here.
-:-
#,1~
tp:llwww.wo1manizedwoocLcom/pros.shtml
12/2612006
Jan 03 07 03:52p J. Rawn Enterprises Inc.
DEC-26-2006 13:00 H&W DISTRlBUTCFS
5614788471
954 ~2 45€T7
p.7
f' . f1Yl::ltl
MANum
"
CJ~
PRESERVATIVE TREATMENT 0&016
Chemical Spec:i.Mica. Inc.
200 e.rt WoodI8wn Road. Suite ~
CheItOIle. NC 282'7
Phone: (800) <421.-s1
Phone: (704) 522..0&25
Fax: (104) 527.Q32
E~1: acainfDlll!lc::hll!mllD8C.com
_,_l!!dwcod.mm
This MANU.sPEce ulillZle5lhe ConsllUC:tlon ~ Inslitule (CSI) Manuel of PriK:Iit:B. inducing
M~IJI'I1/I. s.,dhrronner- and PllgeFomtllt-. A UANlJ.SPEC. ii1l1111mDdurer~ pl"OfIlietlI1)
product speciIiclltion uaing the JlfoprietaIy method of Ilfl8CifYing appIiClllble to pftljed llJ*iftca1lDns and master
guide spe.jr;....oo.6., 0pti0n,,18lll is indicIIeO by bradaD [ ]: delete optional text in final t:IJ9'f of IPBCificalion.
Spec:iller Notas typIcaly ~ &pedfication Iext de/lltll nota in linal copy of ...,..cik.ldlon. Tradeltnnd names
oMIh 8PPfOPrIlI1it aymbols typGIIy are UIIKi In Specifier Hotel; symbols are not UII8d in ~n teNt. MIItric
CQnverSion, where used. Is 80ft me1ric CIOIMII'Sion.
ThI!l MANu-5PEC speciIics dcal~e c;appllf' qualemeIY CACQ) b.-cI ~ IN8ImenI for wood components
used to protect from insects and decIIy. marbled under the PfwMNetDhcle Il8Ine and ACQ ~ with a
, _lllr ~ 8ddiIiVe mwkeIeCI u"'!he PreErw PIuIe Mme. These produda..-e 1tWl~ by Chemical
Spede1ties. lna. Recarnmended ~ inc;Iude: (abOve ground) dIIcking. fence baaIda, handrllils: (ground
contad fnlsh waler) fence poIte.. landscaping. ~. ~; (pee"..- WDOd foond8lIons) penn;ilnenl wood
Ioundllllona. crawlapaces; (poIef) building, nnsm_Dr\ and d'JSIribulion poles; and (PrelIerVe PlUs only) decking
UM only, 5/" inctI (32 mm) deddng. .
Revise MANu-.sPEC eection Il..."ber' and.. ~1oW tD tuil pmjeet requil'l!lftlfta.lpKification pracIic::es and section
CllII1lIlnl ReIIrlo CSI ~8ffor olher -.c:tlon numtlefa and1itll!lS. indIIdiftg 06'00 Rough Carpenfly. 06200
Fini5h Catpenlry end 0B400 AR;t1ltactunII \YooclwlHk.
8EcnDH lIC07I
PRESERVATIVE TREATMEfIT
(PRESERVATIVE-TREATBJ WOOD)
PART 1 GENERAL
SpecIfier Hole: P're!eMt and Pn::serve PIue aIIl.aIil1ll copper q~ preMrvativeS 1ft: l-.d to pIIlIIM'811'Ht . wide variety af
tT'e8tabIe limber IpedeS. inducing Doll9*- fir. MInim..." pmervalilff: retention !e.-Ie for various appllc:atio,.. .. pmvided in
manufacturer's IilefatlIr8. Prdel'lled wood pnldudlI 1ft deSIgned for ~ pelfDlmallCll in ouldoOr 8PPIication& and. then:fore.
requj~ higtl quae, COlTOSion Ielliatitnt nPa. ac:rtlW5 _ ottMK' fQtllneta. For best RISUlIlJ, tIainIHS SIeeI. hoklpped pIItanIzed steel or
other Pf~...tcners IIflP/'O'lIed by thttlJ1llNlfactuler are leCOlNI.....ded. DfttctcorDct ofN::Q ~ woodwiU1l11umirouM or
mid sIeeI is not recommended.
1.01 SUMMARY
A. Section Inc:ludes: AlWIne copper quaternary IACQ) insect and dealy protedIon l1eatment for wood products specffiecI in
other DMsiOn 6 sections. int'ludlng:
SpeciIIer Note: Edit lUbp--9lfll'hS bebwtD _ project requirementll and S9flCifier pradiat.
1. Above Ground: Decldng, lenoe bolIIds. hIIndl8lls.
2. Ground ConIad FIMfl WIater: FellClt poeIll, landsCaping. piers, dodcs.
3. Pelmanlll1l Wood Founda6ana: Permanent wood 1Dundalions, crawl spaces.
4. Poles: Building. tl1lRll11iulon and dJsd)ution poles.
S. Decking Use Only: 5f4lnch (32 mm) deddng.
SpeQf.... NDIIl: Revise parajpllph beiaW to suit project ~lNmenta. Add sedioo rwmbenl and titles per CSI MNIfKFomrIll and
Specifie(s practIl;e.
~
~~.. ~ ..............................,. r..... ~ .......~..............af.. ~
.........'_.. ........... ~ ,..___._............ ... ........._____. _.... e........ cw.. _....1IliMfMd.
a.....,~n
tilt!>
Jan 03 07 03:53p J. Rawn Enterprises Inc.
rEC-26-2e05 13:131 H&LJ DISTRrBUTffiS
5614788471
:B4 94C! 4~1:;1'(
p.8
f-'.~4/l::ll:1
MANU en
-a
D~
PRESERVATIVE TREATIENT 06016
Cl1enrical ~ Inc.
B. ReIatlild SecIIonS: s.cr;an(s) RIIatIId to 1hIs sec:IiOn lndude:
1. DIvisiOn 6 Sec:tion: Rough c.rpentry.
2. Divl8ion 8 Section: Finish~.
3 Division 6 Sedion: Engineeled StrucIInl Wood Products.
4. DMsIon 6 5ecIIon: MlInufKIurBd Wood TNU8II.
$JleClller Note: Ar1ic:ie below may be amtIIed when ~~ ~r's prapri8lary pmchICIS and rec:omrrwnded irlsIlIII8tion.
Retain Retllrence Mide vwf1en Ip8CIfy8Ig pnlducIa lII1CI instalalicln by In iIduIIIry Ileference ~ If rel8ined. lit .......d(s)
~~rencad in this lIedion. IndicatIt illuing -.cIhoriIY l'I8lI'Ie. ~. srandard d8$ignIdion end tile. &DbIish policy for indiGilling
ecll1lon .. of sa.ndard ~fef'enaJd. Condlllona gflle coma Of Division 1 Re"""'" SedIon may estabIiBh .. edition daIte of
standard,. This article daD nat.... cornpitIn<< with sWndatd. but is merely alllling of I8ferences UIl!d.. ~ below shD~ list
only IholIe inclusay ItancWdl .eIeI et IClId WI ... MCtion.
1.02 REFERENCES
A. General: S18nda1d5li*d ~ reterenc:a. D:luding JeYi&ion5 b)' islaWlg auIhorily. form. pert of lhi5 ~Ii..n sec:tiort to
exf.ent indiCated. Stand8rds IistIId ..1cIentified by iaNnSI aUlhollty. aUlfatty abbtwiIdion. dSgn8tion nunber. tiIIe ar
Dlher de$lglllJtion ealIIbllhed by Ruing llUlhorily. Standards sullMquenDJ I114i1renced ~Irl .. I8IDrred 10 by isaIing
1IUlI\0rily lbbnwillltOn and ",rd daignlIIIOI\.
B. American Wood-PteMrierI ,,88()I'IIItInq (AWPA) Sland,.rds:
1. AwPA S1and8rd U1;
.. CalegOfYUC1.
b. Cngmy UC2.
e. c.tegary UC3A.
d, ClIeegory UC3B.
e. c._ory UC4A.
f. c.tegary UC4B.
2. AWPA st:Inc*d T1.
C. IrrtemaIional Confl:nlnce otBuilding 0I'IIci8IS (ICSO) Ev~ seMon:.
1. JC80ESER~981.
O. National EvaIWIion Service. Inc. (NES):
,. National ~""'gft Repon (NER): Repan No. NER-643.
Specifier NofJl: Article beloW aIIcUd be I8!lIIlcIId to .-....enlS ~ dmign or peduImance ~ntI and ~. nol
dimen~ONII. tol8Ianc:II:S of a ~.yttem. L.Imil ~ ID CII/11Ml8i11l1l11ld opI!rdDn81 propertie5 10 alent necessary to link
mulliple ClllI'III)OJlel of. IysIem togetl'ler and to InIIrf80e with other lJ)'lIlelnS.
'.03 SVSTEM DESCRIPTION
A. petformance Requifements: PIovida ACQ wood pltll8Nllliwll~ whdl ~ lIn8ert perfOnNncB aiII!ria.1 [Perfarm in
.x:ordance with ~s stmIld perforn'l8nce criterilI witboul defec:Is. daIuge Of f8i1ure).
Speciliet No"': Artic::Ie below Includes IUbmitllll vi reIewanI dID to be fumishecI by ConlnIdDr befDre, dwing or dIlr eonstJuc:Iion,
Coord"-te It. aI1ic:Ie with M:hiCBd's end Connttor'I dUIIes and responsibililtes In Condi6ona of lie Contract -.1 DMsion 1 Sllbmittal
~SediDn.
1,04 sum.tTTALS
k General: Submit tiRed eabmiI.aIIln 8ClCIOrd8nce ., ConcIMIOns of the Conhct.rId DiYlslon 1 Submiltal Procledure&
Section.
If. Produd DId8: SUbmit PIOdld dIda ror~ pmdudS.
C. Quality AAurwtce S~II: Submit the following:
~
~..6.............c-........___""'__. nw.......~c.........................~
.......... ............~.......... _....__............ __...,.~_ c---o... ........~
a. RallCa\llJUdiOll
0aI.\I
Jan 03 07 03:53p J R E t . I
. awn n erprlses nc.
rEC-26-2036 13:01 H&tJ DfSTRlSUTrn5
5614788471
~ 34c 4::>1:1"(
p.8
1"' . 1:;14/lOt::f
MANUcn
."
D~
PRESERVATIVE TREATIENT D&076
Chemical ~ Inc.
e. ReIab:Id SectIons: Sectiun(s) ntIiItId ID 1tIIs sec:tioIllnc:lude:
1. DIvision 6 SedIon: Rough CaIpentry.
2. Divlaion 8 Section: Finish~.
3. Division 6 Sedion: Engineen:d 61rucbnI Wood Products.
4. Divislon 65edlon: MlInut.cIunId WOod TI\IA8II.
Sped".' Note: Ar1ide below may be omiIled when ~ ~r's praprilIIary pmdlJds and rwc:ommended instaII8Iion.
Rel8in Reterence Miele ~ IpeCIIplg producIa and instlllaIion by an induIIry mference Itandmi. If retained. lit "d(s)
~~renced in this sec:lion. Indic=-Ie illuing .uttICIfily 1IMIe. -=nym. standard dIsigrJIdiGn end tile. &blbIish policJ for;nck;sIing
eclhlon ca.tIlI of slMdald refefaald. Con~ of !tie COnIrad Of'Division 1 RefIqncM SedIon mtIy estabIiBh tie edilian date of
stAndards. This ar1icIc does nat..... ClCIfl1pbnce wiIh ....wd. but is -Iy . IlIIing r:I /8fIIrences UIJeCl.. ~ belcM ...cUd list
only tholIe indUSlly ltandards .. euc:1Ild ., !his 1eCtion.
1.02 REFERENCES
A. Genenil: Stilndam. I*<<i bV reflftnc:a. indudinD revi&ions by islUng auIhorlIy, fDnn a pert of Ihi& epec:iIication sectiorI to
elClent indic:lIted. Standllrds WId ..1denIified '" isaIIng aUlhortty. aulharlty abbNviidicn.. dISgnaIion nwnber. tile or
olher deslgNlion I:IIIIIbIllhed by iAuing llUlhority. Standwds subIequenIIJ ~nced he/Ul .... I8fIIm:d 10 by isauing
aulhority IItlbrevilIIIan and t1Indard dnignaIIDI\.
B. American Wood-PteseNerI ,.~tfnr1 (AWPA) "'rds:
1. AWPA Standard U1:
s. Category 001.
tl. Category UC2.
c. C8t2gary uc::::M.
d. Category UC3B.
l:. eaaegary UC4A.
f. c.tegary UC4B.
2. AWPA Slandsrd T1.
C. IrrtemaIionlIl Cor*renoe of BuiIdir1g 0IIIciaII (ICSO) Evaluation seMoes; .
1. leBO es eR~981.
D. National EvaIUaIion Service, Inc. (NES):
1. Nalional E~gft Report (HER): Report No. NER-&43.
Specifier NeD: Article beloW sncu:t be ~ to $UIIla..enlSde5c:rI*1g dDign or petforrIIance I1IqIIftmenls and funr::IianItI. nol
dinenslonll. toIBIances of a ~ syIItem. l.Imil ~ 10 COII1JCI8i111t lIIlO ~OIIIII p.~ 10 CJdenf. necessary to link
mutiple CllllIIpOJleI11 Df. sysIem together end 10 IntlIrf80e wilt! ulher systemS..
'.03 SYSTEM DESCRIPTION
A. Petformance Requirements: Provide ACQ wood pnll8N8live I~ wtIic::h ~ [InIIert perfonNlncB OiIeNI.J [Pertarm in
~nce WIIh ~!1 stIIIIId perform8noe ~ wi\tIout defeds. daIuge or Wure).
Sp8ci1iet Note: Arlide below Inc:tudes IUbrnitbII of relev8nI dID 10 be furnished by ConInIdDr 1lefDrt:, cbing Of' IIlter c:anItrUc:Iion.
Coordinlll8 this 8ItieIe with An;hif&d's 8Ild CoI*;Ic:tOl'I dillies and rwsponsiliiIIes In Conditions of !he Contrad Md DiwilIion 1 Sllbmittal
Procledt.ne Sedion.
1.04 SUBWlTALS
A. Gene" Submlllisled ~ In 8ClCOI'dence .... COncIIIOns of the Conhct 8nd DiYlsIon 1 Submiltal Procedures
Section.
8. Product DBIa: SUImt PfOducl data I'ar epec:iIied produCtS.
C. Quaiit)' AslMwtCl! S~_ Submillhe rolowfng:
~
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.......... ....................-. ______._.._....,........~c.. .................
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Jan 03 07 03:53p J. Rawn Enterprises Inc.
DEC-26-2006 13:01 H&W DISTRlBUTrns
5614788471
954 942 45e?
p.9
F.el5/08
MANum
."
CJ~
PRESeRVATIVE TREAllIIENT 06076
CheIniQaI ~1tie:I. lne
,. Test Reports: Celtitled le5t ~ shawirlg cornplianaI with sl*iied petfalTNll1ce ~ and ~
pr0peftie9.
2. EV8IIUatiOn Repott
&. NER-643.
b. ICBO ES ER-49l11.
:3 Ceftilicatee: Car1ltiCIIIon from n-ting p/8nI. ceftifying woad IteaIfnent applied c:ompIies with the <:tfteria IBId physical
requiremenls for ACQ ~ wood produda - speeIIIed herein.
D. Closeout SClbmittal&: Submit the fuIIoWinCl: [I1'l1e1t ,.quilWnBntll.
1. Wal'lBl1ty: Warranty dac;umenb specified herein
Specifier Note: Artide below sfloukl inClude p~. ~. imU1i- and crIle1ia "'lit ......... 8n overal \eII8I of quality for
prDCIudS WJd wofIcma~ fur It1iS lMlCtion. CoordlnaIe below altide wiIh DIvision , Quality Astut'anCe Sedion-
1.05 QUALITY ASSURANCE
A. Source Qualty; ~ .ncallne coppw quatemarY preservatiw-treated wood produdll fn:Jm a single approwd IOIRE.
B. Wood Trntment PWII QuIIIificationI: Wood netment p/;Int...per\ellCld In performing work of !his secIion whid1 h8s
spaciIdized In the In!atment fA wood simIl8r to IhIIl required for thia project. IioeMed by ttle manufllCldn!f'.
Spec:i&er Note: p~ below should lilt obligldiona fDr ~ wiIh apeciIic =- ~ parttc:Wrto 1Ns sec:Iion.
Ger1t!NI ~ to campIy with . pal1lclll8r CIlJde are typically Mdlhued in CondIlona of the Connct and DMsIon 1 RegUa.IDfy
R~ SecUon. RepetIIlVe SIlIIIIrI'IefdS should be awided. EdIl pel 4 apIl bdow to $LII prDjec:t requin:mefIIS.
C. RegLll8tory Requnmenta: PtoYIde prtJ..",.tMllrellllneflt thai compies wih lie following ~ ~
1, NES Report No. NER.a43.
2. leBO ES ER-4981.
3. (Insert name of appIicab6e code.]. requll8lMlltB for Insect- and dec8~allYe-WaIIId wood.
Specifier Hole: ReIilMn qUlllily It'IIIrk requirement beloW fur al copper qu.temary ~tlNI8d woad prollJC1sppJle8lion8..
D. QuiIIi\y M..rIc All copperQuatemlfY pr8t8l'Mtlve-tlellted woad IfIllI'NlerS shill bear "" end lag or ......._...nt ink atamP
IndicaIing thll foIQwin;:
1. rume of wood treating r;ompany.
2 Trealment plant city 8M stale.
3. Symbol for dlaIine c:cpper quatBmerf (ACQ).
", ~lIllwe retention level.
5 Approved use.
6 Code report mlfTlber.
Specifier Note: Article below shOuld IncluCle.pec:ial &nd....iqUe reQUir'eI'r'IeRUI. CoocdInaIl! .-lidll beIowwilh DiviIIon 1 Product
Requ\lwmenlS Section.
U16 OEUVERY, STOAAGE & tfANDUNG
A. General: Comply with Division 1 Product AequinlInIInt $edion.
B. Comply will manufactUnl(a ordering inalrudiOl1llllnt Ie8d time ~ntlIlP avoid col'lStNc:tion delli1ya.
C. Delivery: DerIVer materials In INI~. ortginaI. UfIClCleMd. IJI'ldImUIglId conlBlner.l with identificlltion IsbeIs IntaGt.
D. Storage and PmIeCtion: Ston: rnaWrilIIa protec:Ied '"'"" e~l8lP lamfuI enviro\Ylllll1bll c:ondiIions and III temper.Itu~
8nd humidity condiIiona ~ndlld by the m.nufldu~
,. Prevent exposu~ to pl1u:lpbtiDn cIuT1nlJ IhIpplng. atorage or In:dal~n.
2.. Stem I\'I8I8riIlI oIf ground and under cover.
%Y
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.........._............. ...............-.. ,......-, 1It~.,........~, _1It.s~Cta. ~.............
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Jan 03 07 03:54p J. Rawn Enterprises Inc.
DEC-26-2006 13:131 H&W OISTRlBUTrn5
5614788471
9S4 942 45a?
p. 10
P. BS/ElS
MANUcn
CJ~
PResERVATIVE TRE'Al'WIEHT 86076
Chemical ~ Inc.
3. ~ matan.ls expoHCI to inc:idIntsl moisture 10 dry UloraugI1ty prior 10 ccverlng lIIliIh WIfIOI" or ~g
finish 1IIlIterilI1a.
SpeQlier Hole: Coordinate .nk:Ie below with CondlIions of \tie ConPct Ilnd wilh DIvision 1 ao.wt SllbmiaaIs (Warnntr) S8ctian.
1. D7 'WARRANTY
A Prt1jec;t w.m.nty. ReIel'to Conr:liliona at h Conhc:t for ~ __ PIMions.
Speciller Note: CoonfIPaIe pel'llglilph billow wIItllMftllfactlnr'l _nwnty requftnwnb;. Chemieal SpedaJIIes, Inc., offers a ImIl8d
Itetime ~ agant dImIIge C8UIed ~ ~nglll dec;ay or temllt infMtalions under lheir "lltetirne Uni6ad WIm.my For CeltaIn
Residentl8l and Agricultural Uses.. CoMUll menufac:Iurw for ~* detail..
B. MlnJfllclurer's Warranty: Subml for Owner'a ac::cepCIIncr:, IJW'llIfiIcIurers IltIndard W8RIII1Ir doc:ument eJCeCUed by
authorized compan, oIIcI8I. Mlnuf'adurel's WIII1Mty i& in iIddiIion 10. mil not almllltion of, oller righlB Owner may hIwe
under Contract Dacu1Iera
SpeclIer Nota: Coordinn ~ beJo.wwittl ~s MIrW1ty raquRments.
1. W-.anIy PefIod: LlmilIId ~-.amy.
PART Z PRODUcns
2.01 ALKAUNE COPPER ~TERNARY (ACQ) PRESERVATIVE-TREATED Y'<<JOD PROOOCTS
SCledIier No.: Retain hi 3 ....~_ below for PfVPIieIlIIy method ~DI1. Add pradllCt IIIIIibuk:s, performanll8
chlnlClerlldca. m...' ..... and dBcriptiana.. JIPPIicabIe. Use of -..c:h ptIr;uIe.. "Of' equtj" or "",Ipproved equal" or IirniIar
ph'-l!S I1lII)' cause ambIlIUilY in ~IIS. SUdI phra-.11IqUft verlIc8IIon (JIrooedunII. IIgaIsnd regullBly) end assignment of
ISpOnMiIAr far delemlining "Of' equal" prgd.....
A. MIlllUfaeturer. Chemic:lII ~, Inc.
1. COlII8ct 200 e.t Wolldl8wn Road. SuIe 350, cn.Iaae. NC 28217; T~: (800) 421-8861, (104) 522..{)825;
F_: (7D4) 527~32; e-aI: IICllIi/llI08dIemsDeC.COm: websile: WWW.Ift!8tedwDod.oom.
Specifier Hole: The ~rve produc:l is an ~atld c::hnlmium-free A.CQ wood~. Preserve Pia is en ACQ pNlelY~
ODlllblned wilh . WIlIer repeI8nI. CIIIIIpIXIent. Retllin on. Of' bDCt1 produc:t!l to suit prDject lIlqUinNnenls and specifier practice.
B. Praprietary PIodud(.~~.):
,. ~eJ lAnd) lPraeM PM! ~TIHIed WOod ProdudB:
a. ~ T~ WiIIleIborne. abb capper q~ (ACQ) pretefVatNe lIys1em JAIId water
~ alI'IlPClMnI). ClII'Italr.iIIg no enenic and no dlramium.
b. MtnertaI ~ardI-: Comply lIIiIh !he follDwinD stands"- AWPA. Slltnd8rd U1 (C8tegory 001. UC2. UC3A,
UC38, UC4A.. UC48). T1.
c. AppIicaljons and lDc:aIIon: (Specify prajec(lIpplialtlons and 1ocaIIan.~
d. Ralention Rate for Various AppIic:aIions: (Above ground (decIdn;o flnce bo:IIda, hMdfllis): 0.25 - O.~ pet <".0 _
6." IIgIm~lJ. (Ground CDnIIIct, fresh .... (~1l8 poata.l8ndsaIping, Pm. dodcs): OM pet (6." klJlm*)).
[Pennanem wood foundIIliuna (permanent wood foundlItioN. ~ ~); C).80 pcf (908 ~J. (Poles
(builclng. InIntn'lIIsiDn and dlItrfbuIIon po6es): 0.60 pd (9.8 ~I. [Deddng UN only (514 incI1 (32 rnm)
declcingt. 0.15 pc:f (2.4 kgIm; plus WIlIer repellent).
Spedfler Note: edit Palilgraptl below 10 ... project feCluirementa. If IlUbItlI1Jtions 1ft pennitIed. edit tl!Jcr below. P<<J IP:xt to refer to
0Mai0n 1 Project Requirerneftfa (Pruduc:t ~ PRIced....) Section.
2.02 PRODUCT SUBSTrTV110NS
A. Sublllilulion8: No $UbstiIutlons penniItecI.
2.03 RElATED MATERW.S
A. Provid& the following ..... malerillls:
~
"WC'O'U.......~......................,....E...... .........~............... __....._..c:........
......--..........~.... -. ,.............., ................. .................-.....~O.. ,................
a~~iOft
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Jan 03 07 03:54p J. Rawn Enterprises Inc.
DEC-2€,-2006 13~01 H&W DISTRlBUTll<S
5614788471
954 ';;142 4~(
p. 11
~.(,;r(/l<1t:i
PReSERVA11VE ~TMENT 06076
MANUtn
"
D~
Chefnit:III Spec8IIie5. Inc.
1. End Cut PreservatiVe:
a. Maleri&l Type and Name: (Aa;epCable III ~ of ACe ~].
b. Manutac;tuRJr. r~WlIe to nwnuf8Cturer of ACQ pn:seMIMJ.
2. A,dhesiYe:
il. Mllleriel Type and ~ [M:eptIbI& to rnanuf8c:lUrer of ACQ presetWliV8).
b. Manumdurer. [Aocepa.tlle to menufacturercl ACe IlfeMrvatNeJ.
3. F8S1eners:
a. Type: [Specify type. J.
b. Size; JSpeCify sze.~
Specifier Male: Direct oonIact 01 ACQ IftMlwed wood wIlh a1""ln~ or mild sIMI ~ not ..........nlll!'llded.
Co MUrilII: (S1aInIesS ateeII (Hot-dIPPed II~ ateeI) ~ to ACQ preseMIIiW: manufBl;taRf1.
2.04 soURC1: QUAlITY
~ Note: COOl'dinIIte pllnlgnlPh below with OiviMon 1 Q\IaIi\y ConWI SectiOn.
A. Te5&&. tnIpeCtionr. (Specify.... ~ and GItlItT soulCe quIIIty ~.).
PART S secunoN
SpeciIier Note: MIde below i5 an .-idllion III the CSt S<<;IIonFomNtt Ind 8 supplement to MAl'tlJ-SPEC. Re'lIise articte below 10 !IUit
prn;ect requirefll8nts and Spedlier'5 pqdice.
3.01 MANUFACTURER'S INSlRUCTIOHS ,
A. Compience: CompIr ... manuflldl,nl's product d81a. indUdin8 pI1Id&ICt IeC:tIIicIII bUlletina. procIuc:t cataIo9 inBtaIIalion
inllll'lJdion$ and pl1ldUc:t QIIton inSII'Udiona for insIIIIlatiCln.
3.02 INSTALlATION
A. Select ..Iadine copper QUIII8m'" (AOQ) pletel'4.~ wood rnembel'S in 8QCIIlIdance with .ppmpaale untreated
lumber n plywOOd lap_ 18b1eS. pR)Vide ~ of bUlIding c:avIIies es ceqlPd by code.
a IIl8talI N:;Q tmdDd wood in ~ wIIh ~ of applIcatlle c::odM and reIRted DiviIiGII e adiDnS- Avoid milling
operlllions thlIl could ~Iy aftiIlCt pnlRIV8IhIe c:h.~istiaJ of ~ quaI8InIIfY ~ wood.
C. End Cut TI'R&II'I1efIt T.-t end cuts of ACQ pnIIel'Ylltive-haled wood mentleB 1MIh tlekHppIiecI end coat prior to
install8tlan.
Speclfter N*: "tri'f requllen'1enta of kJ(.al building CIOCIe and edit l*8Iraph below ... 1eqUIred.
D. Sill PIale: Where applk:llble. provide 11I11 pIIIIe of ACQ p~ wood.
Specifier Mole: Verify fIIstener tequlrementa of kJ(.al building CDCle and edit pIIrII9I1Iph beloW as nIqUired.
E. InslBI using sIliIinIelI5ll1eel, hot-4lpped gaMIniz8CI or oe.er apprCMld 1'a*nerS required by appliaIbIe ClIde for use with
..teet lumber and plyWOOd. .
3.03 ANlSHING
Specifier Note: Complele appIIcaIIon ~ ld8Ilona are alIallatlle fnlm the manufacturW. Avoid h:QUenl or ~ inhallllion of
lllIWdu8t from tIeeIed wood. V\I\wn tIlIWIng and mel:hinin9 1nt8ll8d wood. "sr 8 dull M8llk. WIlef' power sIIWlng Dr 1IIllChinin9. _r
goggles ID pm!eCI. eyes fi'oIn ftying patlicles. SuIfacet must be cleJth tand dry befln app\ic8llOn.
A. Ptepsre ACQ ~ wood for .ppIclIIIon of fii__ in IICICD/d8nC8 wiltl manublc;tul$"S .ecommenclatiOnS.
1. -'llow !me for drying. CIe8n and c::tMK;k for molstilnt prior 10 finishing.
5. Apply paint or a1lIin in ~ wIIh OlvIsion 9 SecdDn: Painting.
~
1flE~~ ....fMWJ-~r:.-.........................,....-....,- ,.................-s: ................____fIl..~
---..-----....-..-...------ ..--
a -QlftIlNdiOrI
UolQ
Jan 03 07 03:54p
DEC-26-2006 13:01
J. Rawn Enterprises Inc.
H&IJ D ISTR I BUTCRS
5614788471
954 942 4567
p. 12
P.~l::R::I
MANU(/)
CJ~
PRESERVAnvE TREA11IIENt 0G016
Chemicat SpeQaWies. lnc.
3.04 PROTEC11ON
A. Protedion:
,. ProIect ACQ pre"""e-lnl8111d wood from demage dlJl!l to subsequent consINCIlIon llCtiWy_
2. ProtlK:tACQ p~e-treI'" wood from moisture priorll:l IIpplIr:atioII oftinillh.-.
EM) OF SEC'TlDN
~
~II'...-..__..__... TIlo__~__.....__.,..._
...-..--........_........~ -~..~........--.,..........~~ .....,............
alllll!d~
I);,ra
TOTAL P. BS
VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.) 0
0 May I, 2007 April 16,2007 (Noon) 0
[8J May 15,2007 April 30,2007 (Noon) 0
D June 5, 2007 May 14,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
June 19,2007
June 4, 2007 (Noon)
July 3, 2007
June 18,2007 (Noon)
July 17, 2007
July 2, 2007 (Noon)
August 7, 2007
July 16,2007 (Noon)
c-=:-,
--\
'-,-(
NATURE OF
AGENDA ITEM
o
o
[8J
o
o
AnnouncementslPresentations
Administrative
o
o
o
o
o
City Manager's Report
New Business
'.'c)
',"1 ::~;"J
._ ~'l'
"<l -,
RECOMMENDATION: Motion to "piggy-back" off of the City of Jacksonville Beach, Florida Bid #3-0203 with'AUI, LL~
ofJacksonville, FL. for Infrastructure Pipe Cleaning & TV Inspection Services with an expenditure of $507,450.00. -
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
Legal
Unfinished Business
~~
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EXPLANATION: Procurement Services Division received a request from the Utilities Department to utilize the City of
Jacksonville, Florida's Bid #3-0203 for Infrastructure Pipe Cleaning & TV Inspection Services within the City of Boynton
Beach.
PROGRAM IMP ACT: The Utilities Department started a program to identify and rehabilitate portions of the gravity
wastewater conveyance system to reduce infiltration and inflow (1&1). The goal of this program is to significantly reduce 1&1,
restore the structural integrity to the pipe and manholes to insure their proper operation and to reduce treatment cost caused by
excess water entering the conveyance system
The Utilities Department would like to continue piggybacking the Jacksonville Beach bid for cleaning and inspection services
with AUI, LLC of Jacksonville, FL who was awarded the contract. AUI has been working extremely well with utility staff
and have proven to be very knowledgeable and professional with the delivery of their services.
FISCAL IMP ACT: Funds are allocated in the FY 2006/2007 budget as follows:
Account Description
CIP R&R Sewer
Account Number
403-5000-590-96-04
Amount
$ 507,450.00
Department Name
AL TERNA TIVES: Not to proceed and continue to have 1&1 and increased mainten
1J~OfFinanC'
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Memorand um
Utilities # 07-46
To: Bobby Jenkins
Assistant Finance Director
Kofi Boateng, P.E.
Utilities Director
! \
, /""'---f', \
, ..... J-
\
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---
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From:
Date:
March 19, 2007
Piggyback City of Jacksonville Beach Bid RFP #3-0203
Infrastructure Pipe Cleaning & TV Inspection Services
AUI, LLC I Agenda Item
Subject:
The Utility Department started a program to identify and rehabilitate portions of
the gravity wastewater conveyance system to reduce infiltration and inflow (1&1).
The goal of this program is to significantly reduce the 1&1, restore the structural
integrity to the pipe and manholes to insure their proper operation and to reduce
treatment costs caused by excess water entering the conveyance system. This
program was Commission approved on November 26, 2006 and AUI LLC. of
Jacksonville, Florida was the approved contractor to begin the cleaning,
televising and reporting stage of the program. There have been several
problems, especially with lift station run time over-pumping due to the excess
water that was not included in the design of the stations. Other problems are
sinkholes and siltation from cracked pipe or excessive decay to manhole
structures. The project is located within two master lift station basins, LS 309 and
LS 356. The general areas of the lift station basins are east of 1-95 between
Seacrest Blvd. and the Intracoastal Waterway. This part of the program is called
Phase I. Currently we have completed 70% of the project We anticipate
completion of Phase i inspection sometime in mid-May. Attached is a map
outlining the area of Phase I.
The Utility Department would like to continue this program and begin a Phase II.
This area will include the remaining portion of Lift Station #356 and Lift Station
#206 and Lift Station #207 which completes the downtown area and extend to
the southern portions of our service area along Federal Highway. Attached with
this memorandum is a map outlining the area that will be cleaned and inspected.
The Utility Department would like to continue piggybacking the Jacksonville
Beach bid for cleaning and inspection services with A.U.I., LLC. of Jacksonville,
Florida who was awarded the contract AUI has been working extremely well with
utility staff and have proven to be very knowledgeable and professional with the
delivery of their services. Additional services will be geographic Positioning
System (GPS) locations of each manhole, smoke testing in specific areas
according to TV inspection reports and a hard copy with CD of the project to
include an electronic file for our GIS records. An estimated 136,400 linear feet of
sewer main and 550 manhole structures will be cleaned and televised.
Attached is the proposal from A.U.1. with a complete breakdown of costs and the
individual services, a map of the project area and a copy of the contract. The
total cost is $507,450.00. Funding is available in account # 403-5000-590-96-04
SWR 113.
Please present this at the next City Commission meeting for their approval. If you
have any questions please contact me at ext. 6401 or Tony Lombardi at ext.
6421.
TL: KB
Attachments
XC: Peter Mazzella
Micheal Low
Tony Lombardi
Barb Conboy
Chris Roschek
Dan Spooner
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2.22 W. Spring St.
Cookeville. TN 36501
931.372.8500 phone
931.372.Z500 fax
~
7540 103rd St., Suite 116
Jacksonville, FL 32210
904.778.1119 phone
904.778,1027 fax
20 March 2007
Mr. Anthony Lombardi
Utilities Maintenance Manager
124 E. Woolbright Road
Boynton Beach, FL 33435
Re: Pricing for CCTV and Cleaning
Dear Mr. Lombardi,
Please find attached the current contract between AUI, LLC and the City of
Jacksonville Beach. I have also included the addendum that extends the contract
for a period of two years with additional services listed along with the prices. AUI
is happy to extend these piggy-back contract prices to the City of Boynton Beach.
Please do not hesitate to call me if you have any questions regarding the
documents at 904-778-1119. We look forward to assisting the City of Boynton
Beach in its endeavors.
Thank you,
Nicole Little
222 W. Spring St.
Cookeville. TN 36501
831.372.8500 phone
931.3722500 fax
7540 103rd SL Suite 11G
Jacksonville, FL 32210
904.778.1119 phone
904778.1027 (:IX
20 March 2007
Mr. Anthony Lombardi
Utilities Maintenance Manager
124 E. Woolbright Road
Boynton Beach, FL 33435
Re: Pricing for CCTV and Cleaning
Dear Mr. Lombardi,
Please find attached the current contract between AUI, LLC and the City of
Jacksonville Beach. I have also included the addendum that extends the contract
for a period of two years with additional services listed along with the prices. AUI
is happy to extend these piggy-back contract prices to the City of Boynton Beach.
Please do not hesitate to call me if you have any questions regarding the
documents at 904-778-1119. We look forward to assisting the City of Boynton
Beach in its endeavors.
Thank you,
Nicole Little
OCT-05-2006 09:42 PM
P.01
eNa of
eC1~~.D~!.!.DNWL~
~_.~
March 27, 2006
BEAOH. FLORIDA 82250
Ms, Nioole Little
A01, LLC
5991 Chester Ave, Suite 104
Jacksonville, Florida 32217
RE: Signed Contract & Extension Amendment
Infrastructure Pipe Cleaning & TV Inspection Services for the City of Jacksonville Beach,
Plorkla
RFP No: 3-0203
Jacksonville Beach, Florida 32250
Dear Ms. Little,
Attached is a copy of the original RFP and contract with the latest two (2) year extension for
your office files. This extension is effect through February 3rd, 2008. If you have any questions,
please contact my office bye-mail or (904) 247-6286.
Sincerely. (
(~'\ f1 \.) n^Q .
~.l~ ,L\.ALDt~__.;'--~,,~.. '; /
Arnold (Jwlior) Lilly
Construction Project Manager
w/co ntract
cc:
Pat Deighan
Streets General Supervisor
AMENDMENT NO: ONE (1) TO THE
OWNER AND CONTRACTOR AGREEMENT
This Amendment is made this 3rd day of February. 2006 by and between the City of
Jacksonville Beach, Florida (the "City") and Advanc~d Underground Imaging, Inc. (Contractor) and
awroved by the City Council.
WHEREAS, contract is in its approved two (2) year extension to the contract with an ending date
ofFebruarv 3. 2008 and;
WHEREAS, the City and Advanced Underground Imaging, Inc., now desire to amend the
Contract in accordance with Article 4: Term of Agreement
4.2 With the mutual agreement in writing of the OWNER and CONTRACTOR prior
to the expiration date of the current Agreement, this Agreement may be extended
for one (1) additional two (2) year extension.
NOW, THEREFORE, in consideration of the mutual covenants, promises and undertakings
cbntained in the Contract and this Amendment, the City and Advanced Underground Imaging, Inc., agree
as follows:
1. Advanced Underground Imaging, Jnc., agrees to the same terms, conditions as listed in
Exhibit "A", REQUEST FOR PROPOSAL/QUALIFICATIONS (RFP #3-0203)", consisting
of -2.... pages. Also includes the Advanced Underground Imaging, Inc., proposal submitted as
response to OWNER's RFP #3-0203.
Except as expressly amended by this document, the Contract Agreement as previously approved remains
in full force and effect and legally binding upon the City and Advanced Underground Imaging, Inc.
I
IN WITNESS WHEREOF, the City and Advanced Underground Imaging, Inc., hereto have affixed their
respective signatures as of the date indicated below:
//'
;
JACKSONVILLE BEACH
Bv: ~.()f t0h~
Name: George D. Forbes
Title: City Manager
Date: JAfVVJQ(C[; 1'1; /-- c:>o 6'
I' ...
'n Inc. (frill LLC)
A~sl: \~
. \
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OCT-05-2006 09:42 PM
P-02
REQUEST FOR PROPOSALS
RFP # 3..0203
. INFRASTRUCTURE PIPE CLEANING AND TV
INSPECTION SERVICES
FOR THE CITY OF JACKSONVILLE BEACH,
FLORIDA
FOR A PERIOD OF THREE YEARS
The City of Jacksonville Beach is seeking proposals for providing contract services
required for conducting the above referenced work. Proposals shall be due at the
Central Services Department, 1460A Shetter Ave., second floor, Jacksonville
Beach, Florida, no later than Wednesday, January 8, 2003 by 4:00 o'clock p.m. Six
(6) copies of each proposal are required. The City shall reserve the right to reject
any or an BidsIProposals.
Note: There wW be a mandatory pre..RFP meeting at
lO:OOam OD December 18t 2002 in the Public Works training
room, loeated at 1460A Shetter Ave to discuss any questions
or concerns 'pertainlng to this ~. RFP's from ve~derS who
do Dot attend this pre-RFP meeting will Dot be accepted.
OCT-05-2006 09:42 PM
P.03
REQUEST FO~ PROPOSAL (RFP #3..0203)
INFRASTRUCTIJRE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
For a period of three (3) years
The City of Jacksonville Beach is seekins submittals of proposals and qualifications of firms interested in
providing services for the maintenance cteanma and televising of existing sewer-mainslsewer manholes and
storm sewer syItent piping/catch besins within the boundary limits of the City of Jacksonville BelICh, Florida
for B period of three (3) years. The goal of this RFP is to award a continuing service contract mr a period of
three (3) y~ renewable tor up to two (2) additional tmee..year tenns. The resulting contraet may provide
services to departments throughout the City and will be overall managed by the Department ofPub1ic Works.
NOTE: Ir..y 8r~e propoten lublllittiaa . relpoDH to thlt RFP would Uke to meet with Pablle Workl
.taff'to revtew lay .m. or diHu.. aay a.peet Dfthe coDdaul.. Mn'ic.. eoatraet, tlley caD eo.tact the
'.Bowl.. penoialel:
Keith Crumrtne - nutrtbutlon 4 Colleetioa. SupervllOr (Sewer S)'Item Plplal) 247-6173
David McDonalcl- StreetI S.penriJor (Sto.....".ter Syltelll PlpIB.) 247"".211
t. SPBCIFICAnONS
A.. All propolml must submit a narrative document detailiDa the Bidders abiHty to perbm the primary
task of cl.eJmir1a the existiog sewer-mainslsewer manholes and stonn sewer system piping/catch
buins. The documeat sbaJ1 include as a minimutn:
B. Local Office: IdentitY the location of the loca1office (Du~ Clay, St. Johns, orNasaau Counties).
The members of the project teem shall be pent1I!Iently assigned and physically located at the local
oflice.
C. A description of the proposer's usual work activities perfurmed by the IUbmittins illdividual or
company. Information detailing the proposer's experienee in performiDg similar tasks and.
activities. A miDimum of 10 references where related work was perfonned by the proposer, Identify
key per80nnel and outline their experience, which will be utilized in performhlg the. base task.
D. A description of the methodology and equipment to be utilized to perfonn the cleanina.
E. A statement that addresses a response schedule for the proposer to provide the described services
under both routine and emergency conditions.
II. MISCELLANEOUS INFORMA nON & ADDITIONAL REQUIREMENTS.
A. The selected contractor shall provide employees who are customer orlentecL polite to citizens,
and responsive to the requests and ditectives of city offic~ to include pubHc wor4 police,
tire, p8I'lci & recreation personnel. The contractor shall permanently remove from this work.,
any employee requested by the City to be removed, which does not meet these requirements.
""<"".',"*,.;1k."",,,,,,,,,,~. '1>' ..l"'.....,..,:,"",...;~...'.."'."i
OCT-05-2006 09:43 PM
P.04
REQUEST FOR PROPOSAL (RFP #3...(203)
. INFRASTRUCTuRE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
For a period of three (3) years
B. The selected contractor sba11 furnish all labor, equipment, materials, supervision and means fur
the quality perfol'lD8llCe of the services. The contractor shall perform and accomplish the
services in the manner best calculated to provide the highest quality, with safety of life and
property of paramount importance, and to the satis1Bction of the Director of Public Works, and
in accordance with the contract documents.
C. Removal and disposal of residuals shall be at an authorized location within the City limits. The
contractor sha11 repair or restore all stnactures and property that may be damaged or disturbed..
during performance of the services. At the City's discretion. extraordinary debris/hazardous
materlaJs may be handJecJ 81 an additional service.
D. Au;~t of Specification ~uirements by Service Order. During the tenD of this service
qreemem. the requested cleanina and TV inspection services will be assigned on as needed
basis. The objective is to meet the needs of the City and to ensure the highest quality possible
of the aervice(s) provided.
III. TERM OF THE SERVICE AGREEMENT
A. The contract shaD be in effect for 8 period ofthree (3) years. The &erviees shall be requested
on an as needed buis after the service asrecment has been approved by the city council and
funding has been. approved in the current fiscal year budget process.
B. The City reserves tb,e,right to extend the contract for additional three (3) year terms up to 2
extensions, subject to the mutual qreement between the City and the contractor, The
extension(s) sbaJl be agreed in writing, prior to the end oftbe cu:rrent term. The current term
may be extended monthly by mutual verbal agreement until the written agmmD is compknod.
C. Nonexclusive. Notwithstandini the contraCt resulting from this RFP, the City reserves the risbt
to follow its nonml purchasing procedures at anytime to procure additional services for any of
the types of work DOted in this RFP.
IV. MINlMUM QUALIFICATION REQUIREMENTS OF PROPOSING FIRM(S).
A A local oftlce (Duval, Clay, St. Johns, or Nassau Counties) in which the work will be done.
B. Current local staff, working directly for the firm, with the capability of perlbnning aU the
services outliDed above promptly and within the specified time.
C. Demonstrated capability. put experience, and expertise in pipeUne cleanin&.
D. A logal Business License
z
OCT-05-2006 09:43 PM
P.05
REQUEST FOR PROPOSAL (RFP #3..0203)
INFRASTRUCTURE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
For a period of three (3) years
V. CITY REPRESENTATIVES:
A.
B.
C.
Designated Representative:
Project Manager:
Technical Contacts:
Public Works Direotor
Public Works Division Supervisor(s)
Public Works Division Supervisor(s) and/or other City
Department I Division Supervisors
CITY DOCUMENTS: During preparation of a response to this RFP, the City ordinances and
infrastructure maps are available in various offices of the City for review by prospective proposers. The
proposers aocept the responsibility for the accuracy of any information furnished and ultimately incorporated
into their responses.
VII. PRICE SUBMITTAL: Proposing firms are required to submit unit prices with the proposal on the
attached Price Proposal Submittal Fonn.
A. Selection will be based in part on the unit oleaning cost. Howevert the proposer must provide a
price on each item listed. An price entries on the Price Proposal Submittal Form must be clearly
written in figures using ink.
B. The proposed unit prices submitted on the Price Proposal Submittal Forms shall remain in
effect through the end of the City's FY2004 budget year (September 30t 2004).
C. The contractor and/or the City may initiate adjustments to the current unit prices. The 00sis ror
these aqjustments shall be . the not seasonally adjusted Consumer Price Index (CPI) for All
Urban Consumers, Area: South B Size Class B/C, ltem: Services ~ published by the U.S.
Department ofLabor~ Bureau of Labor Statistics, or its successor publication ifdiscontinued.
D. The unit prices, subject to negotiations. may be increased or decreased in a percentage not to
exceed seventy-five (75) percent of the change in the said CPT.
E. The request for price adjustment shall be submitted not later than 60 days prior to the end of
the City's FY2004 budget year or most current budget year thereafter.
F. The computations for the adjustment shall be based on the CPI for the previous full calendar
year, befure the end of the City's FY2004 budget year (September 30, 2004) or most current
budget year thereafter.
G. The adjustments shall be negotiated and agreed in writing by both parties. Adjustments shall be
effuetive on the first full month after the beginning of the City's new budget year, or the first
full month after the adjustment is agreed to in writing, whichever is later.
3
OCT-05-2006 09:44 PM
P.06
, REQUEST' FOR PROPOSAL (RFP #3-02(3) ,
INFRASTRUCTURE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach. Florida
For a period of three (3) years
YIlt. CONTRACTOR(S) WRITTEN PROPOSAL & SELECTION PROCESS:
A. SELECTION PROCESS: Contractor selection shall be in accordance with this request for
proposal. The evaluation process shan determine qualifications, interest, and availability. The
City shall first review aU written responses. This review will result in a ranked list of fully
qualified respoDdents. If deemed necessary, public informal interviews may be conducted of
selected respondents detetmiDed to be best qualified based upon the evaluation oftbe written
re8pOmes. The determiDations shall be based upon the criteria below.
8. METHOD OF RANKING: During the review of written respQDSeS, each criterion below will
be ranked on a measure of zero (0) through five (S). In addition. each criterion bas been
~ped a scaled value that weiahts the criterion's sip~ to the contract. The scaled
values ranae tom one (1) through five (5) and will be multiplied times the rantdr,g of each
criterion to qwmtifY that criterion's score. The scaled value is denoted in brackets [ ]
foDowins each criterion's title. The sum otthe criterion scores derived from this multiplication
process will be used as 811 8kl in seJecting the contractor.
C. WRITTEN PROPOSAUQUALIFICATIONS PACKAGE REQUIREMBNT: Respondents are
to adhere to the requirements shown below. Failure to do so may result in rejection of
proposal as DOn--responsive.
1. Be concile and to the point.
2. Limit proposal narrative to no more than ten (10) eacb 8-112'. X 1111 type written pages.
3. Provide adequate information on each oriterion below.
4. Provide the criteria information below in the order shown.
D. CRITERIA:
1. Past record ofmanboielcatch basin/piping system cleanins experieDce [S]: A list plus
brief dtAcription (with time flame) of the firm's contracts and experience. Provide
customer (government/private) references with telephone number.
2. Past record of manbo leIcatch buinlpipiDg system TV inspection experience [5]: A list
plus btjefdescription (with time ftame) of the firm's contractsaud experience. Provide
customer (government/private) references with telephone number. Proposer must
inelude a description of the TV equipment.
3. Local ftrm office and project team [4]:
a. IdentifY the location of the local (Duvalt Clay. St. Johns, or NBI8aU Counties)
project office. The ~ oft~ project team shall be permanently assigned
..
OCT-05-2006 09:44 PM
p - 07
REQUEST FOR PROPOSAL (RFp. #3...0203)
INFRASTRUCTURE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
For a period of three (3) years
to and physica1ly located at the local project oftlce. Routine/responsive filce..to-
fiIce and telephonic interaction will be important in servicing the City's needs in
perfonning this ~ntract.
b. LJst firm's team members who will work on this project. Provide brief
SUIDID8ries on education. certification and experience, which the firm deems
important to this project. Confirm that team members are permanently assigned
and physically located in firm1s 10caJ o.tBce DOted above.
4. MechaDicU c1Mn~ equipmem. Tv'ina equipment" experience using it [5J: Provide
list m:t picture(s) of equipment to be used On tbfs oontract.
5. Narrative [5]: Provide coocUe written expJauation of bow the firm will accomplish the
specifIcatJon Bale Item detailed above. The narrative must also include a clescription of
equipr:ueut and methods to be used in performing anciJlary tasks.
6. Cost [3]: Provide unit prices and other pertinent charges quantities on the attached
Price Propol81 Submittal Forms.
E. PR.OPOSAL IS NOT A BID: This request fur proposals is not to be considered a bid. The
City of Jacksonville Beach will evaluate proposals baed on the criteria set forth in this RFP.
Price proposals II'e required as part of the RFP pacbae. The City reserves the rlsbt. at its BOle
discretion, to exclude the price proposals ftom the evaluation process, The evaluation pt'OCe$S
will consider an other requested criteria to determine which firm is the most highly qualified to
perfb:rm the required services.
IX. INDEMNIFICATION REQUIREMENT: The City IbaI1 require the fuIJowiDg or similar
indemnification paragraphs to be made part of the oontract(s) as entered into with the successful
proposer.
The City shall be held barmJess against all claims fur bodily injury. sickness. disease, death or personal
ftUury or damage to property or Iou of use resulting thereiorn, arising out o(performance of the
apeement or cont:ract, unless such claims are a result of the City's own negligence.
The City sbal1 also be held harmless against all claims for fin8nciallou with respect to the provision of
or failure to provide the contract services resulting in malpractice, or errors or omiseiom liability arising
out ofperfbnnance under this contract, unless such claims are a result of the City's own negligence.
X. INSURANCe REQUIRBMBNTS: The selected film shall procure aDd maintain durina the tem(1) of
the contract, insurance of the types and in the miDhnwn amotmta stated below.
s
.."......~.~'_~~"""";.ii'~'<"'".""....._....
OCT-05-2006 09:45 PM
P.08
REQUEST FOR PROPOSAL (RFP #3-0203)
INFRASTRUCTIJRE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
For a period of three (3) years
Coverq:es
A. Workers' Compensation Florida
Statutory Coverage and Employer's
Liability (including Appropriate
Federal Acts)
B. Comprehensive Oenetal Liability
C. Products .. Completed Operations
D. Business Auto Liability
(All autos.. owned, hired or used)
E. Professional Liability
F. Ex.eess or Umbrella Liability
Sohedule M;inimUfM
$100,000 - each accident
$100,000 .. each employee
$500,000 .. policy limit for disease
$1,000,000 .. bodily irgury each occurrence
$1,000,000.. bodily h\jury asgregate
S 1,000,000 - property damage each occurrence
$1,000,000 .. property darilage aggresate
$1,000,000 - aagreptc
Same as Comprehensive General Liability
SamtJ IS Comprehensivw= General Liability
Optional
Insurauce shall be written by an insurer holding a current certificate ofauthorlty pursuant to Chapter
624, Florida Statutes. Prior to commencing B11Y work under this contract, certificates of insurance,
approved by the City, evidencing the maintenance of said insurange shaD be fumisbed to the City's
constnlction project msnager. The certificates shall provide that no material alteration or caoceDation,
including expiration and non-renewaJ. shall be effective until fifteen (IS) days after receipt ofwritten
notice by the City. All coverages shall name the City as additional insured. Receipt of certificates or
other documents ofinsuraDce or copies of policies by the City, or its representatives, who indicate less
co~e then required, Shall not constitute a waiver of tile obUpUon of the successful proposer to
tbIftll the insurance requirements herein.
XI. PUBLIC ENTITY CRIMES REQUIREMENT: A person or amnate who bas been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid or a
proposal on a contract with a public entity for the construction or repair of a public buildn,8 or public
work, may not submit bids on leases ofreal property to a public entity, and may DOt trmsact business
with any public entity in excess of the threshold amount provided in SECTION 287.017. for
CATBOORY TWO for a period of36 months from the date ofbemg pJ.ced on the convicted vendor
list.
XII. ANn...cOLLUSION REQUIREMENT: Under DO circumstaDCel sballlD)' prospeetm proposer, or
any penon or persons Iding for or on behalf of any said prospective proposer. seek to influence or
SliD. the support of any member of the City Council or the City Staff 1kvorable to the interest of any
prospect.ive proposer or seek to influcocc or gain the support of 8DY member oftbe City CouncU or
City Staff apjnst the interest of auy prospective proposer. AfJ.'I such activities shall result in the
exclusion of the prospective proposer from consideration by the City.
6
REQUEST FOR PROPOSAL (RFP #3-0203)
INFRASTRUCTURE PIPE CLEANING AND TV INSPECTION SERVICES
For the City of Jacksonville Beach, Florida
For a period of three (3) years
PRICE PROPOSAL FORM
The following information concerning unit pricing will be used to assist the city staffin the overall rating of the
RFP being submitted by the proposer.
Firm submitting p#cing information: Name:ADv'A ,Jc.~o U)JDE~t\JO "IWGiNG INC.
Address: '853 1.(, Ns''S MNu~
city: JAcK'~or.J V'\ t..t..~ ~ L ~ '22 <07
-
State: \- Loi'Z I b A
P ART A: Description of this service sball be the cleaning of existing sanitaIy sewer manholes and sewer-main
system piping. The cleaning of each sanitary sewer manhole sball be included as part of the price for cleaning
each sewer-main section between the two existing sanitary sewer manholes. All materials removed from the
system piping shall be disposed of at a location designated within the city Hmits of Jacksonville Beach.
A. Mobi1i7Btion cost per day of services rendered: $ ,tlJ!2-
The travel time to and 'from the contractor's office shall be a separate mobilization unit price for each day
that the system cleaning service is required.
I
B. Sanitaly Sewer-main iSYStem Pipe Cleanine: Unit Cost Per Foot. The volume percentage represents the
estimated amount of~solid material in the system piping at the time of the cleaning operation. The
percemtage of volume will be agreed on prior to the mobiliza.tion. The parties that determine the percent of
volume wiM be the service provider and the Division Supervisor who the cleaning operation is being
scheduled.
Pi e Size'
8" .
10"
12"
15"
18"
24"
PART B: Description of this service shall be the cleaning of existing storm sewer manholeslcatch basins and
storm sewer-main system piping. The cleaning of each storm sewer manhole/catch basins shall be included as
part of the price for cleaning each storm sewer-main section between the two existing., manhol~catch basins.
All materials removed from the system piping shall be disposed of at a location designated within the city limit
of Jacksonville Beach.
7
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: ~.~:-
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unit Prices in
Item No. Description Approx. Quantity Figures
1 Mobilization per WO $ 1,000.00
2 Cleaning 4" Gravity Pipe LF $ 1.00
3 Cleaning 6" Gravity Pipe LF $ 1.00
4 Cleaning 8" Gravity Pipe LF $ 1.50
5 Cleaning 10" Gravity Pipe LF $ 1.50
6 Cleaning 12" Gravity Pipe LF $ 1.50
7 Cleaning 15" Gravity Pipe LF $ 2.00
8 Cleaning 18" Gravity Pipe LF $ 2.00
9 Cleaning 21" Gravity Pipe LF $ 2.50
10 Cleaning 24" Gravity Pipe LF $ 3.00
11 Cleaning 30" Gravity Pipe LF $ 4.00
12 Cleaning 36" Gravity Pipe LF $ 5.00
13 Cleaning 42" Gravity Pipe LF $ 7.00
14 Cleaning 48" Gravity Pipe LF $ 8.00
15 Cleaning 54" Gravity Pipe LF $ 10.00
16 Cleaning 60" Gravity Pipe LF $ 15.00
17 CCTV 4" Gravity Pipe LF $ 1.00
18 CCTV 6" Gravity Pipe LF $ 1.25
19 CCTV 8" Gravity Pipe LF $ 1.25
20 CCTV 10" Gravity Pipe LF $ 1.25
21 CCTV 12" Gravity Pipe LF $ 1.50
22 CCTV 15" Gravity Pipe LF $ 1.50
23 CCTV 18" Gravity Pipe LF $ 2.00
24 CCTV 21" Gravity Pipe LF $ 2.50
25 CCTV 24" Gravity Pipe LF $ 3.00
Additional Services
26 Manhole Inspection EA $ 80.00
27 Smoke Testing LF $ 0.50
28 Traffic Control Lump Sum $ 1,000.00
29 Laterals EA
30 Inspection from clean out. EA $ 175.00
31 Inspection from main EA $ 375.00
32 Survey Grade GPS Per Manhole $ 35.00
33 Wastewater Flow Monitoring per meter week $ 1,200.00
34 Flow Isolation (Weiring) Per pipe segment $ 200.00
35 by-pass pumping
4 Illch pump
Setup Each $ 250.00
Maintenance Hour $ 50.00
6 Inch Pump
Setup Each $ 750.00
Maintenance Hour $ 100.00
8 Inch Pump
Setup Each $ 5,000.00
Maintenance Hour $ 500.00
12 Inch Pump
Setup Each $ 10,000.00
Maintenance Hour $ 1,000.00
36 root cutting
Root Cutting 4" Gravity Pipe LF $ 0.50
Root Cutting 6" Gravity Pipe LF $ 0.50
Root Cutting 8" Gravity Pipe LF $ 0.50
Root Cutting 10" Gravity Pipe LF $ 1.00
Root Cutting 12" Gravity Pipe LF $ 1.00
Root Cutting 15" Gravity Pipe LF $ 1.00
Root Cutting 18" Gravity Pipe LF $ 2.00
Root Cutting 21" Gravity Pipe LF $ 2.00
Root Cutting 24" Gravity Pipe LF $ 2.00
Root Cutting 30" Gravity Pipe LF $ 10.00
Root Cutting 36" Gravity Pipe LF $ 10.00
Root Cutting 42" Gravity Pipe LF $ 14.00
Root Cutting 48" Gravity Pipe LF $ 16.00
Root Cutting 54" Gravity Pipe LF $ 20.00
Root Cutting 60" Gravity Pipe LF $ 30.00
TIDS AGREEMENT made and entered into this --.mL day of J'ebrua,y 200l by and betW"l'n
the CITY OF JACKSONVILLE BEACH, FLORl))A, a Il1UnicipaJRy otganize<f andexistiog under
the laws of the State of Florida,' hereinafter called the OWNER, and
AnV ANCED UNI1J'--RGR,OllND IMAGING, INC., hereinafter caI1ed CONTRACTOR:
WITNESSETH:
OWNEWCONTRACTORCONTRACTAGREEMENT
OWNER and CONTRACTOR, in consideration of the mutual covenants bereioatler set furth,
agree as follows:
Article 1: SCoDe of Work
CONTRACTOR shall complete all work as speci1ied or indicated in the Contrnct DoCUlIlents.
The Work is generally described as follows:
INF'RAsTRUCTl!RE PIPE ~G & TV LNSPE~nON SERYIC S FO
.cITY OF JACKSONBLLE BEACH FLORIDA
FOR A PERIOD OF THREE (3) YEARS
All Work shaIJ be perfurmed in accordance with the "Request For Proposal No: 3-
0203, prepared by the City of Jacksonville Beach, Public Works DeJllU1nJent. Services shall be fur all
materials, equiptnent and servi~ including labor to perfunn the services, of which the requirements
and scope of services is detailed in Exhibit "A", "Request For Proposals: RFP No: 3-0203 _
Infrastructure Pipe Cleaning & TV Inspection Services for the City of Joc!csonvilleBeach, FlOrida
for a Period of Three Years",
Article 2: Owner's ResDonsibility
The Owner has the responsibilities set furth within this Agreement, to include the fuIlowing:
2.1 Access to Work Area: The OWNER shaIJ Provide the CONTRACTOR access to all
areas in which services are to be perfonned.
Article 3: Times for Renderioi! Servic~ //
The specific periods of time fuqiroviding Services shall be on a yearly basis. Scheduling of
services will be coordinated with the Public Work Department Streets Division SUpervisors
and/or Distribution & Collection Division Supervisors.
Page 1 of 11
O~WCONTRACTORCONTRACTAGREEMENT
Article 4: Term of A2reement
4.1 This Agreement shall be effective from the date of City Council action, February 3.
2003, and will continue_in effect through three (3) calendar years.
4.2 With the mutual agreement in writing of the OWNER and CONTRACTOR prior to
the expiration date of the current Agreement, this Agreement may be extended for
one (1) additionai two (2) year extension.
4.3 Subject to the Agreement being extended beyond the current term, the
CONTRACTOR may request the OWNER to adjust the unit prices for the individual
pay items based on cbahges in the cost of doing business, over the term of the
Agreement. Adjustments to the individual unit prices for each pay item are to be
fImtuaIly agreed in writing. In the event that the OWNER and CONTRACTOR are
I unable to reach agreement on any unit price adjustments prior to the Expiration Date
of the current term, either party shall have the right to terminate this Agreement.
Article 5: Payment To Contractor
The CONTRACTOR agrees to provide services as descnbed in the CONTRACT
DOCUMENTS and comply with the tenns therein.
if.
j'
5.1 For Basic Services: OWNER shall-pay CONTRACTOR for Contractual Services'
performed or furnished under the Exhibit " A", "Request For Proposals: RFP No: 3-
0203 ~ Infrastructure Pipe Cleaning & TV Inspection Services for the City of
Jacksonville Beach, Florida for a Period of Three Years"., as set forth in the
Contractor's submitted Exlubit "B", "Price Proposal Form for "Request For
Proposals: RFP No: 3-0203 - Infrastructure Pipe Cleaning & TV Inspection
Servicesfor the City of Jacksonville Beach, Floridafor a Period of Three Years".
5.2 For Additional Services: Notwithstanding the scope of work enumerated in the
Exhibit "A", "Request For Proposals: RFP No: 3-0203 - Infrastructure Pipe
Cleaning & TV Insperon Services for the City of Jacksonville Beach, Floridafor a
Period of Three lfars". CONTRACTOR wilL upon written request from the
OWNER, providy/any and all other services normally falling within the services
offered by the. CONTRACTOR In advance of performance of additional services,
OWNER and CONTRACTOR shall agree in writing to the additional services and
negotiated price, consistent with the type of services requested.
53 Invoices.
Page 2 of 11
OWNE~CONTRACTORCONTRACTAGREEMENT
5.3.1 Preparation of Invoices: Invoices will be prepared in accordance with the
Contractor's normal billing invoice and will be submitted to OWNER by
CONTRACTOR, unless otherwise agreed. The amount billed in each invoice
will be calculated as set forth herein Invoices are to be issued by the lOth of
the month for services rendered in the previous month.
5.3.2 Payment of Invoices: Invoices are due and payable within thirty (30) days of
receipt.
5.3.3. Disputed Invoices: In the event ofa disputed or contested invoice, only that
portion so contested may be withheld from payment, and the undisputed
portion will be paid.
5.4 Payment Upon Termination: In the event of terminatio~ CONTRACTOR will be
entitled to be paid in accordance for all services performed or furnished through the
/ effective date of termination.
5.5 Records of CONTRACTOR 's Cost: Record's of CONTRACTOR's cost pertinent to
CONTRACTOR's compensation under this Agreement shall be kept in accordance
with generally accepted accounting practices. Upon OWNER's request, copies of
such records will be made available by the CONTRACTOR to the OWNER, at no
cost to the OWNER.
Article 6: Standards of Performance
CONTRACTOR and OWNER shall comply with applicable laws, regulations, and OWNER-
m~ndated standards. This Agreement is based on these requirements as of its Effective Date
and include the attached ExhIbit I'A", "Request For Proposals: RFP No: 3~0203 -
irifrastructure Pipe Cleaning & TV Inspection Services for the City of Jacksonville Beach,
Floridafor a Period of Three Years ". Changes to these requirements after the Effective Date
may be the basis for modifications.to CONTRACTOR's scope ofwork,.times Qfperfonnance,
or compensation.
Article 7: Contractor as IndeDend~nt Contractor
/
It is expressly agreed and understood that the CONTRACTOR is in all respects, an
independent contractor as to the WORK and is in no respect an agent, servant, or employee
of the OWNER. This Agreement specifies the WORK to be done by the CONTRACTOR, but
the method to be employed to accomplish the WORK shall be the responsibility of the
CONTRACTOR.
Page 3 of 11
OWNERI(,""l~TRACTOR CONTRACT AGREE1U.kNT
Article 8: Termination
The obligation to provide further services under this Agreement may be terminated:
1. For cause,
a. By either party upon 30 days written notice in the event of substantial
failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party.
b. Notwithstanding the foregoing, this Agreement will not terminate asa
result of such substantial failure if the party receiving such notice
begins, within seven days of receipt of such notice, to correct its
failure to perform and proceeds diligently to cure such failure within
no more than 30 days of receipt thereOf; provided, however, that if
and to the extent such substantial failure cannot be reasonably cured
within such 30 day period, and if such party has diligently attempted
to cure the same and thereafter continues diligently to cure the same,
then the cure period provided for herein shall extend up to, but in no
case more than, 60 days after the date of receipt of the notice.
2. For convenience,
a. By OWNER effective upon the receipt of notice by CONTRACTOR..
Article 9: Subcontractine:
CONTRACTOR may subcontract services to be performed hereunder with prior approval of
the OWNER.. iNo such approval will be construed as making the OWNER a party of or to
such subcontract, or subjecting the OWNER to liability of any kind to any subcontract. No
subcontract shall, under any circumstances, relieve the CONTRACTOR ofits liability and
obligation under this Agreement; and despite any such subcontracting, the OWNER shall deal
through the CONTRACTOR, and subcontr.actors will -be. dealt - with .as- workers .and
representatives of the CONTRACTOR
/
Article 10: Authorized Proiect Re6'~esentatives
/
/
Upon the execution onhiS Agreement, CONTRACTOR and OWNER shall designate specific
individuals to act as representatives with respect to the services to be performed or furnished
by CONTRACTOR and responsibilities of OWNER under this Agreement. Such individuals
shall have authority to transmit instructions, receive information, and render decisions relative
to the WORK on behalf of each respective party.
~
Article 11: Inspection of Work.
Page 4 of 11
OWNEWCONTRACTOR CONTRACT AGREEMENT
The CONTRACTOR shall furnish the OWNER or the OWNER's representative with every
reasonable opportunity for determining whether or not the WORK is performed in accordanCe
with the requirements oftrus Agreement.:The OWNER may appoint persons to inspect the
CONTRACTOR's operations, equipment, and performance, and the CONTRACTOR shall
permit these.persoDS to make such inspections.
Miele 12: Ri!!ht To Require Performance
The failure of either OWNER or CONTRACTOR at any time to require performance by the
other party of any provisions hereof shall in no way affect the right of the performing party
thereafter to enforce the same. Nor shall waiver by such party of any breach of any provision
hereof be taken or held to be a waiver of any succeeding breach of such provision or as a
waiver of any provision itself
Article 13: INSURANCE.
GtNERAL PROVISIONS
Hold Harmless: The OWNER shall be held harmless against all claims for bodily injury,
sickness, disease, death or personaIinjury or damage to property or loss of use resulting
therefrom, arising out of the agreement, contract or lease unless such claims are a result of the
OWNER's sole negligence.
Payment on Behalf of Organization: The COTRACTORagrees.to pay on-behalf of the
OWNER, and to pay the cost of the OWNER's legal defense, as may be selected by the
OWNER, for all claims described in the Hold Harmless paragraph.
Such payment on behalf of the OWNER shall be in addition to any and all other legal
remedies available to the OWNER's exclusive remedy.
Loss ControVSafety: Precautions shall be exercis.ed aCall time.s_by the CONTRACTOR for
the protection ofall persons, including employees and property. The CONTRACTOR shall
be expected to comply with ~ laws, regulations or ordinances related to safety and health,
shall make special effort to petect hazardous conditions and shall take prompt action where
loss controVsafety meas~s should reasonably be expected.
The OWNER may order work to be stopped if conditions exist that present immediate danger
to persons or property. The CONTRACTOR acknowledges that such stoppage will not shift
responsibility for any damages from the CONTRACTOR to the Organ17.ation.
PROOF OF CARRIAGE OF INSURANCE & NAMING CITY AS ADDmONAL INSURED
. - . ~.
Page 5 of 11
OWNEWCONTRACTORCONTRACTAGREEMENT
CONTRACTOR shall furnish the OWNER with satisfactory proof of carriage of insurance
required herein. The successful CONTRACTOR shall name the City of Jacksonville Beach'as
additional insured on the CONTRACTOR's and any subconsultant's or subcontractor's Public
Liability, Property Damage and Comprehensive Automobile Liability Insurance policies, The
additional insured shall be provlded the same coverage as the primary insured. The proof of
carriage and a copy of all policies shall be required prior ,to commencement of any work on
this project.
INSURANCE REOUlREMENTS:
Insurance-Basic Coverages Required: The CONTRACTOR shall procure and I}"mintain the
following described insurance, except for coverages specifically waived by the OWNER, on
policies and with insurers acceptable to the OWNER.
These insurance requirements shall not limit the liability of the CONTRACTOR. The
OWNER does not represent these types of amounts of insurance to be sufficient or adequate
to protect the CONTRACTOR's interests or liabilities but are merelyrnin1mllmS, Except for
worker's compensation and professional liability, the CONTRACTOR's insurance policies
shall be endorsed to name the OWNER as additional insured to the extent of the OWNER's
interests arising from this agreement, contract or lease, In no case, however, sball coverage
for the OWNER as additional insured be any less than that for the CONTRACTOR to the
extent of the OWNER's interest arising from this agreement, contract or lease.
Worker's Compensation Coverage: ..1L-Required ~ Waived
The CONTRACTOR shall purchase and maintain worker's compensation insurance for all
worker's cotripensation obligations imposed by state law and employers liability limits of at
least $100,000.00 each accident, $100,000.00 each employee and $500,000.00 policy limit for
disease.
The CONTRACTOR shall also purchase any other coverages required by law for the benefit
of employees.
General Liability Coverage://~ Required _Waived
/
Commercial General Liability-Occurrence Form required.
IT Commercial General Liability coverage is provided:
Coverage A shall include premises, operations, products and completed operations,
independent contractors, contractual liability covering this agreement, contract or lease and
broad form property damage coverages. · .
Page 6 of 11
OWNER/CONTRACTOR CONTRACT AGREEMENT
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
COMPREHENSIVE GENERAL LIABILITY:
If Comprehensive General Liability coverage is provided it shall include at least:
Bodily injury and property damage liability for premises/operations, products/completed
operations, independent contractors and property damage resulting from explosion, collapse
or underground (x,c,u) exposures.
Broad Form Comprehensive General Liability coverage, or its equivalent~ with at least broad
form 90ntractualliability covering this agreement, contract or lease, personal injury liability
and broad form. property damage liability.
Amounts:
Bodily Injury:
$1.000.000
$1.000.000
Each Occurrence
Aggregate
Property Damage:
$1.000.000
$1.000.000
Each Occurrence
Aggregate
I
Products/Completed Operations: .K-Required _ Waived
The CONTRACTOR is required to continue to purchase products and completed operations
coverage, at least to satisfy this agreement, contract or lease, for a minimum oftbree years
beyond the Organizations' acceptance ofr~novation Or co~ctiQnprojects.
Amounts: $1.000.000 Aggregate
/
/
I
Business Auto Liability Csoverage: -LRequired _Waived
Business Auto Liability Coverage is to include bodily injury and property damage arising out
of ownership~ maintenance or use of any auto, including owned, non owned and hired
automobiles and employee non ownership use.
Amounts:
x
Same as General Liability
Page 7 of 11
OWNER/CONTRACTOR CONTRACT AGREEMENT
Professional Liability: jLRequired _Waived
A.mounts:
x
Same' as General Liability
EXCESS OR UMBRELLA LIABILITY COVERAGE:
,
Umbrella Liability insurance is preferred, but an Exces~ Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverages.
CERTIFICATES OF INSURANCE:
Required insurance shall be documented in Certificates of Insurance, which provide that the
OWNER shall be notified at least 30 days in advance of cancellation, nonrenewalor adverse
change:
/
New Certificates of Insurance are to be provided to the OWNER at least 15 days prior to
coverage renewals.
If requested by the OWNER., the CONTRACTOR shall furnish complete copies of the
CONTRACTOR's insurance policies, forms and endorsements.
For Commercial General Liability coverage the CONTRACTOR shall at the option of the
OWNER., provide an indication of the amount of cIaims payments or reserves chargeable to .
the aggregate amount of liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies ofpoli.cies by
the OWNER., or by any of its representatives, which indicate less coverage than required does
not constitute a waiver of the CONTRACTOR's obligation to fulfill the insurance
requirements herein.
Article 14: Indemnification
To the fullest extent pertn4ied by law, CONTRACTOR shall indemnify and hold harmless
OWNER., OWNER's offi~s, directors, partners, and employees from and against any and all
costs, losses, and cIam.ages (including but not limited to all fees and charges of engineers,
architects, attorneys and other professionals, and all court or arbitration or other dispute
resolution costs) caused by negligent acts or omissions of CONTRACTOR or
CONTRACTOR's officers, directors, partners, employees, or subcontractors, in the
performance and furnishing of CONTRACTOR's services under this Agreement.
Article 15: Notices
Page 8 of 11
OWNEWCONTRACTOR CONTRACT AGREEMENT
Any notice required under this Agreement will be in writing, addressed to the appropriate
party at its address on the signature pageJmd given personally, or by registered or certified
mail postage prepaid, or by a commercial courier service. All notices shall be effective upon
date of receipt.
Article 16: Survival
All express representations, indemnifications, or limitations of liability included in this
Agreement will survive its completion or termination for any reason.
Article 17: Severabilitv
Any provision or part of the Agreement held to be void or unenforceable under any Laws or
Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid
and bjnding upon OWNER and CONTRACTO~ who agree that the Agreement shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
Article 18: Waiver
Non-enforcement of any provision by either party shall not constitute a waiver of that
provision, nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
Article 19: Headines
The headings used in this Agreement are for general reference only and do not have special
significance.
Article 20: Contract Documents
The Contract Documents which comprise the entire Agreement between the OWNER and
CONTRACTOR consist Of/the following, which are made a part thereof:
/
/
20.1 Owner/Contracto'r Contract Agreement (pages 1 to 11, inclusive),
20.2 Exlnbit "A", "Request For Proposals: RFP No: 3-0203 - Infrastructure Pipe
Cleaning & TV Inspection Services for the City of Jacksonville Beach, Floridafor a
Period of Three Years ", consisting of -L pages. Also includes the Contractor's
proposal submitted as response to OWNER's RFP No: 3-0203.
"f'--'~~_n
Page 9 of 11
',.. ,,- '~-""';--''''-'''''..'"'''''''''~'''';_~'''''''''''_'H'''~;_,""",~,,,''~''~'
O~WCONTRACTORCONTRACTAGREEMENT
20.3 Exhibit "B", "Price Proposal Form for "Request For Proposals: RFP No: 3-0203-
Infrastructure Pipe Cleaning & TV Inspection Services for the City of Jacksonville
Beach, Floridafor a Period ofTJrree Years", submitted by the Contractor.
20.4 Addendum numbers Nt A Through Nt A . inclusive.
.
20.5 Change Orders, Field Orders or written amendments duly delivered after execution of
Agreement.
20.6 All applicable provisions of the State and Federal Law, local ordinances and any
modification, thereot: and State of Florida Contract Provisions.
There are no Contract Documents other than those listed above in this Article 20. The
Contract Documents may only be altered, amended, or repealed in accordance with the Terms and
Conditions.
/
Article 21: Govemine: Law
This Agreement shall be governed by the laws of the State of Florida. Both parties agree that
the courts of the State of Florida shall have Jurisdiction .of any claim arising in connection with this
agreement. In the event of litigation arising out - of this A.greement, the prevailing party shall be
entitled to the award of attorney's fees and costs at both trial and appellate level.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract
Document have been, signed or identified by OWNER and CONTRACTOR on their behalf.
This Agreement will be effective on February 3.2003.
O~. _ m' __-- _ u- JACKSONVILLE BEACH, FLORIDA
B.' .. f/$;~~
Do D. --MaJor;;;tt
BY: ~..... P. ~ .
eorg~, . Forbes, citY Manager
~~
Date Signed:
Z-~ 7/CS
.
ATTE
Heidi Reagan, Ci
CONTRACTOR: ~ .# 0# t.
--.
Date Signed: 2 ~ /2,- 03
.
Page 10 of 11
OWNEWCONTRACTORCONTRACTAGREEMENT
SIGNED BY: 9/;5" /l c~__
I1TLE: .~ (;s;; t') e-rJ. / '
Sf ATE LICENCE NO: C uCO 5731 (
(CORPORATE SEAL)
AITEST:
AGENT FOR SERVICE OF PROCESS:
~e s- 3 ~i;;)>JZ d.vf:NUG
7ACK<S'Q v LG:) Fc 32. '20 7
Address
Acldress for Giving Notices:
Address for Giving Notices:(Contractor)
City of Jacksonville Beach
Department of Public Works
11 North 3rd Street
Jacksonville Beach. Florida 32250
Advanced Underground Imaging. Inc
1853 Kings Avenue
JacKsonville. Florida 32207
Designated Representative
(paragraph 6.02.A): '
Designated Representative
(paragraph 6.02.A):
~~/l:~J
Phone Nwnber: (904) 733-7324
Pacsinille Number: -(904) 1:33-99~2-
William T. Edwards. P. E.
Title: Director of Public Works
Phone Number: 904-247-6219
Facsimile Number: 904-247-6117
Page 11 of 11
...taL
AU~-~6-~~~b l~:l( ~~
e8/03!20a~ 11:18 ge4-241-5117
JAX ECH PUBLIC Wu~S
PAGE 01
JaJluary 23. 2003
TO~ Geur1Je PorbI'lt City M8n1l!!'
FROM: TyP.d.ward.s.PubliCWOrkl 11;,1 ~
~_CT: ^wart1 ~I(' :t.n103~.I~rt PiPl C~ A TV ~cm Stnticel
A~ON IlIl!n~Tm: The City C~uncil aWl1'd J.U'P * 3 -0203, InftallnJc;'vre Pipe Clualna
and TV 'ul\lpaGtlan Services. to Advrmt:M u"".~ II~ Inc.
~l
There are .ham 83 mil. of ICWIIC oollcetion maim, m:uund 1650 sewap manholes, abaut J tiC}
tbi~ or.w.mWllet c:oUeetioli mala, and over I ~ catch baWl. "l1WlJe pipes, mllllwJes..a cmh
butnllft at \'8I'Ying aizalUld deser. .R.ou&.iM, pGiodic main1lmance and tmpectinn- \\IUl pmvicit
t.tter semee to cultamll't wtt1t fewer $eWD.p backups IIld olcancz- S\unn~.ter piping fbr raiawatar
k1 di.pAte from the pound lUff,", J'ba CitY p1IDI to tncreue twYl'ntive m.!~ olcmiDa aDd .
televlltftlt by contrICtinS thiR seMce fur a 3~)'efU" "mod. Televising will provide infotm8tion for
repaint end futun:= ullpi1al impIoWD'l1'!lt projeeu.
8ewDt<<'l1 (17) fOCI....... fur .-o~ Weft issued, nine (9) coonoton attended tho mMClalory p!'tl~
propn" meeting. and three (3) propolllJ wcm: m:edved. TbillCMOet cant1'8Ct wiU eetabli,h. finn
unit prk~ lbr use by the City for mabiliutJou. gJCI8n.iD&. end te.tcviaitll_w. cd Mom'lWllU:r
collection i11frallnlOture. '('he erlWrit revi~ in the propoul~ by the ~Iew teem were 1)
expcrleuge in clculftl cotlectim intiutructl"" 2) axp.menoo b1 t.eleviadna wUectlon ~l
3) InW office ami PRli~t lwn. 4-) U*ihuioll equlpcnmt to he 11Md, 5) seJ'Vice plen. 8I.Id 6) 00....
The City's JD'OPM8I review team conri~ 'of the DiltribLlUoa A Co~t1on (DIc:C) Super!ntlftden1
find thB Str0e1l S\l)JCrinlcndcnl.
TlKl ut1~1. price WltI offcrecl by _ QDl'draatnr!ll are ~ on the atud1w P'ropow T&bula&ion
Fonn. The SumD'IIl')' ....MIa- Ma\rix ia alJo attIObed. The bQeStIOJ' team J:UIIad A.dwllfcad
~fRfJll",."" 1m:. in first place Rnd ICOOmmWlfh lwardina. the ool11l'lCt to thill firm..
F~UI illVlll... in this Y.'A buOpt in tbc Public Worb 0" c eolltlllCtWl1 Services Account
(420-0107-536-34-00) lad in the StomrWIttr Cafttraetual ServigCI ACOOUlll (423..0112-536-34..0:2).
R'ECOMMB'NDA'110ltr City Cowwll:
n. A......d uait Fiee eoatracL iUS'RFP #- 03-(l203l tnfrutrueture Pipo Clo.-ning a.ud TV IDIP'Q\WD
Seni~ fnr a 3-year period, to .4dWHft...,j u",.,.".ound lmqt"" IHC,
b. Authari. the Mayor Bnd City Man8aer 1.0 Cl\X.~U. tbD C4Dtmrt. nnd8Utharif.e the City
MH.n3pr to approve eme 2..year term extenljon. lub)oot tu satisfactory work cbll'lns TM fim
(em',
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..,;
AUG-03-2006 10:17 ~M
as/03/2B06 11:18 9B4-247-6117
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( PHASE II
?:""
Wastewater
Infiltration & Inflow Program
o.t...~~ 2008
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LS 309 - LS 356 Infiltration and Inflow project
PHASE I.
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j-;'rc;; ,>
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.3.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
[8J May 15,2007 April 30,2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
)
NATURE OF 0 Administrative 0 New Business --
":"".:) :.-:. --1
AGENDA ITEM [8J Consent Agenda 0 Legal :=-~-<
~
v ''') -"'I
0 Code Compliance & Legal Settlements 0 UnfInished Business ::C':J
..>:1
0 0 l"" ,:::;)
Public Hearing 1- "<
:t:'"
RECOMMENDATION: Motion to "piggy-back" off of the Jacksonville Electric Authority bid #WCS-123=OO WitlC-;
Insituform Technologies, Inc. of Jacksonville, Florida and the City of Delray Beach contract #2002-37 with Chaz EqtJ.1pmeIif;
of Wellington, Florida with a total expenditure amount of$207,708.00.;;;
J
EXPLANATION: Procurement Services Division received a request from the Utilities Department to utilize the Jacksonville-
Electric Authority's bid #WCS-123-00 with Insituform Technologies in the amount of $168,830.00 and also utilize the City
of Delray Beach contract #2002-37 with Chaz Equipment in the amount of$38,878.00 for a total cost of$207,708.00.
PROGRAM IMP ACT: The Utilities Department has utilized both Insituform's process for pipelining and Chaz
Equipment's SewperCoat process for manhole rehabilitation rehab in the past. The Insituform process avoids costly
excavation oflarge areas to replace pipe and provides a long-term solution for pipe rehabilitation. Chaz Equipment's
"SewperCoat" manhole process eliminates infIltration through cracks and joints in the walls and base as well as renewing
structural integrity to the manhole.
This work is part of the Utility Departments 1&1 program repair phase I project. The repairs will take place in Lift Station
#202 wastewater collection system, which is a sub-basin of Master Lift Station #309 and also in the Master Lift Station #356
basin. The repairs will reduce the infIltration which will save the City on treatment cost of unwanted water infiltration or
surface water entering the system.
FISCAL IMP ACT: Funds are allocated in the FY 2006/2007 budget as follows:
Account Description
CIP R&R Sewer
Account Number
403-5000-590-96-04
Amount
$ 207,708.00
cost due to water infiltration.
;({
Procurement Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
MEMORANDUM
Utilities # 07-51
TO:
Bobby Jenkins
AS~istant Finance ~.irecto~'i. _
Kofl Boateng, PE ~11. tot) ~ ()_
Utility Director '''Vr, ~. ~~
March 28, 2007
4/ ~ tDr
FROM:
DATE:
SUBJECT: "Piggy-Back" JEA Bid #WCS-123-00
Cured in Place Pipe Rehabilitation - Wastewater
"Piggy-Back" City of Delray Beach Contract #2002-37
Sanitary Sewer Manhole Interior Rehab
AGENDA ITEM
The Utility Department is requesting approval to piggy-back the Jacksonville Electric
Authority bid #WCS-123-00 with Insituform Technologies, Inc of Jacksonville, Florida and
the City of Delray Beach Contract #2002-37 with Chaz Equipment of Wellington, Florida. We
have utilized both Insituform's process for pipelining and Chaz Equipment's SewperCoat
process for manhole rehabilitation (rehab) in the past. The Insituform process avoids
excavation of large areas to replace pipe and provides a long-term solution for pipe
rehabilitation. Chaz Equipment's "SewperCoat" manhole rehab process eliminates infiltration
through cracks and joints in the walls and base as well as renewing structural integrity to the
manhole.
This work is part of the Utility Department's I and I program repair phase I project. The
project name will be Lift Station #309 and #356 Infiltration and Inflow Program. The repairs
will take place in Lift Station #202's wastewater collection system, which is a sub-basin of
Master Lift Station #309 and also in the Master Lift Station #356 basin. Lift Station #202
collection system covers an area from Federal Highway (west) to the Intracoastal (east) from
the Intercoastal Park (north) to Lake Street (south); the portion of Master Lift Station #356 is
located on the Boynton Beach Blvd. extension know as the Boynton Promenade.
These particular areas have been advanced for immediate repairs due to inspection reports
from AUI who is the contractor we have hired to perform the cleaning and televising portion
of the I and I program. We will be lining the entire 4500 ft. of sewer main and rehab 8 of the
36 manholes of the Lift Station #202. The portion of Master Lift Station #356 we will be lining
is 100 linear feet and rehab 5 manhole structures.
The repairs will reduce the infiltration which will save us on treatment costs of unwanted
water infiltration or surface water (inflow) entering the system. It will also save us future line
problems and or failures from roots separating joints and causing sinkholes and collapsed
pipe segments. The inspection and repair costs will yield a significant savings on our
operation costs in the future.
Insituform's cost for pipelining is $168,830.00 and Chaz Equipment's cost for manhole rehab
is $ 38,878.00. The total project cost is $207,708.00. Funding is available in account number
# 403-5000-590.96-04 SWR 113. Attached is the map of the area, and proposals. Please
present this at the next Commission meeting for their approval.
If you have any questions please contact me at ext. 6401 or Tony Lombardi at ext. 6421.
Attachments
xc: Pete Mazzella
Michael Low
Tony Lombardi
Barb Conboy
Dan Spooner
George Peck
File
r~UM
FAX ~n : 9042804162
Mar. 22 2007 05:03PM P2
~ Inshuform
,]Jxhno~; .lnc.
WorldWide Pipeline
Rehabilitation
116 Spanish Moss Lane
Ponte V8dra Beach. FLJ a:ZOS2
Tel: (904) 237.3426
Toll Free: (800) 633-8362
Fax; (904) :za0-4162
www.insituform.com
March 22, 2007
Mr. Tony Lombardi, Project Manager
City of Boynton Beuch
J 24 East Woolbright Rd.
Boynton Beach, FL 33435
Re: I.S 202 and Boynton Beach Blvd. Extension - Sewer Reconstruction
Dear Tony,
We are pleased to submit this proposal to reconstruct the 8" and ~4" sewer lines located at the
above address using "Cured-in-Place-Pipe" (CIPP). This propos~1 is based on our 2006 Annual
Contract with .TEA, which is available far "piggyback by the Cityrof Boynton Beach
LS 202
4,500 If 8" x 6 mm crpp
4,500 If clean & TV
Standard service reconnectians, 96 en
MOT, ifnecessary
$ 29.50/[[ /
$ 3.00/If
$ 100.00/ea
$2.500.00
$132,750.00
$ 13,500,00
$ 9.600.00
$ 2,500.00
Total
$158,350.00
Boynton Beach Blvd. Extension
10011'24" x 13_5 mm CIPP
100 lfTV & clean
Flagmen, 2 ea.
$ 91.80/1f $ 9,180.00
$ 3.00/1[: $ 300.00
$ I $ 1,000.00
500.00/e~
$ 10,480.00
$168,830.00
Total
Grand Total
FROM
FRX t'O. :9042804162
Mar. 22 2007 05:03PM P3
The terms and conditions governing this proposal are a'i follows:
l)rooosal In(:lu8ions~ '
. Certificate of Insurance with standard coverage I
. Pre-installation video inspection recorded 011 VHS tape
. Standard cleaning of the existing pipe prior to ins~llation
. Post-installation video inspection recorded on VH~ tape
. Standard one-year warranty i
. Actual Held measurements will determine final inv~)ice quantities
!
Proposal Exclusions: ,
. Premiums for special insurance coverage requirempnts
. Point repairs of any collapsed sections of the existirg pipeline
· Pennits !
. Disposal site for debris removed during cleaning ,
. Please note that if any hazardous or tmdc materials arc encountered during the
project, the Owncr will be responsible for the remqval and d.isposal of the
materials I
. Constmctjons access easements :
Proposal Terms: ·
. Payment due within 30 days of completion of the ~roject
. Partial monthly payments may be requested I
. Proposal valid for 45 days
Limited Warrant\'. .
IN I JEO OF ALL 0'1'1 JER EXPRESSED. IMPLIED AND/OR ST A TUTORY
W ARRANTlES, INCLUDING WARRANTIES Of ME~CHANTABlLITV
AND PITNESS .FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES
TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES
PROVIDED BY THE CONTRACTOR WHICH ARE B~OUGHT TO THE
A TTENTlON OF THE CONTRACTOR WITHIN ONE 'YEAR FOLLOWING
COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER
AfFORDS CONTRACTOR SUITABLE ACCESS AND!WORKING
CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
Mutual Release of Conseauential Damae:es:
Neither party shall be liable to the other for consequential: damages relating to or
arising out of the Contract.
Propos.al Subiect to Nei!otiation of Other Standard Terms of Ae:reemcnt:
This proposal is subject to agreement of the parties on other terms and conditions
as are CLL'itomary in contracts of this nature. !
i-:'Ui'i .
~HA I~U. .~Uq~d~41b~
1'ldT'. c::c:. .c:f~U ( ~::J:::'. f~J41-"1
We appreciate the opportunity to quote on this project. l[you have any questions, please
call me.
Owner Acceptance:
Sincerely,
ZO~:<<:LOGlES' ~c.
I
Ted 1 Jotchkiss, Areal Account Manager
Date;
Please sign and return one copy of this proposal for our files or, if you prefer~ a purchase
order or subcontract for our execution.
C~~~~gCo~r~~~rll'_J
3180 Fairlane Farms Road, Suite 1
Wellington, Florida 33414
Tel: (561) 333-2109 Fax: (561) 333-2180
SEWPERCOAT STRUCTURE REHABILITATION PROPOSAL
CIty of Boynton EMch
Mr. Tony L..ombMII
124 EDt Woolbright Rd, Boynton Beach, FI 33435
March 28, 2001
Tel: (561) 742-6421
Fax: (581) 742-8298
PlellS8 aecept our prcposal fer Sewpercoat PG appIicallon and stnJcbJral rehabililalion of the manhole(a) \llH8d I)8Iow;
ThIe I1Ih.a,llIIIItJan WOft( pRlpoulllln accord.nee with the gD r:A 0.1... BMch ContrKt a2IID2-N:
1..8. aH Buln ...nholee;
P.S. BMIn M'" ..Ii MlInhole TVDe RemaVlI B8nc:h & -.fodI, R1"ii & Cover DRIp
'356 DIa. Depth I.ocIIIIon Brick PnJcnl coaIInge CtIenneI Or.- AtIphIft fttMitJIy Total
MIl'. (Ir,I (v.f.) , ~ !f17Mt1) ($7IUJ ($llOI*r) ~) (St~
358-002 4 15 East IkIe of P.S.I356 ; S1.55O S500 13,050
3S8-OO3 . 14.5 IneId8 P .s. tI358 f8nced lna $3,825 SSOO t4.125
I
35e-004 4 1'UI EaIt of MHIOO1 ~..... ball) 13,82$ $eGO ... '25
35&405 4 1U ~ Be8ch Blvd.. 1 i!IOCk e. fA F..... $3,375 S500 13,875
358-006 4 12.5 InsIdII ConsIrUcIIon --1(Ea8t 8kIe) $3.125 '1.088 14,224
356-007 . 14.5 N.E." Ave (0u1elde ~ gma) S2,. $1.275 $500 14,240
I T* PropoIeI BftIn 1358;
123.8381
r Grand T_I p..,..a.......:
w.ml
Included: SUrfIK:8 1II_.dIan & ptOIIInQ
Ex\MII'IQ COIIlIng ~
Intllratlon I1IpIIirs
s-perca.t _1cIItIOrt - rnIAImUfl:\11211'1ch tl'lIckneee
,
I
ExclucIed: System surctl8r(le removal i
MIfar MOT (DOT or ~~.
PenniUl / fees. ·
i
I
I
I
~~~t~
I
I
i
I
I
Bradley MlIIer
Pto)ect ~
Pege 1 of 1
SIW~il
""'^-^ l-:o^^ ~
,.., ~I'" ........ I...... ..1 ,......... k... ....., , ,....
^...., ..,,...,...,..., ........ .". I ........., ^ I.... A.... I......... I,... ^
C!~~gC~tra~~I'II'!
I
3180 F.iriane Farms Road, Suite 1
I
Wellington, Florida 33414
I
Tel: (56~) 333-2109 Fax: (561) 333-2180
SEWPERCOAT STRUCTURE REHABILITATION PROPOSAL
City of Boynton Besch
Mr, Tony Lombllrdl
124 Esst Woolbright Ad. Boynton Beach, F13343S
March 5, 2007
Tel: (581) 7042-6421
Fax: (581) 742-8298
Pie" a~t our proposal for Sewpert;Oat PG application and stnJetUrall1llhabllltatlo of the m~oI9(S) IIsI8d below;
Thla ,.NlbtIbItIon \WI'k propOl8ll1ln 8CCOn:lancll with the CIty of...Delrv Aooaft~ CanInc:t ~:
LS. t202 BasIn M8nholesi
MH MH Manhole Type RetncMt BMch & AlII. RItI & co. Drop
MH' Di8. Oeplh Location Brick F\J8ClISt ec.tlnos a.rI'IIII Grau A5phaIt Assbty Total
~ (v.I.) (UIDNIJ (l170WJ (S7111,f.) ~ ~ m/lOlNJ
001 4 8.5 J..ke St & VIe UIGo Conda& 52.125 $500 12.825
009 4 10 I..8ke St . Peftdng Lot $1,700 $1,700
023 " " 830 0Ik S1. S880 $352 I $1.032
025 .. 8.5 P8/1l: E/CI1InC8 Raad $1.105 I $ 1.1 05
028 .. 5 PlItt & F...I Hvti $150 S440 I S500 S1.711O
030 .. 8.5 H.E. 20#1 Ln - PRing I..at 51,"5 $1.445
035 4 7 lnIr8coIIt8l perK - S.E. Comer r1f PINllIkIn 51,190 ; $500 $1,8110
036 .. 13 IntrlCllI'" perk- S.W.lllIm8rofNew_ 52,210 S1.143 $500 13.853
Total ~ BasIn t:202:
$15,238 .
Gnlnd T'" p......~:
.,..- I
Inducted; Surface prepIl1IIIon & proIIIlng
E.dsttng ~ rwnovll
InfthraClon ~
SewperCGBt IIIIPbIIon . Il'lInImUm 1121nch lNClCfleIll
EJu:lUded: ~ lllJ/dWgB f1IRKIV8l.
MIjor MOT (DOt or fedent IWlqulnld).
Permltls I fees.
~j
-=::::0
Bradley MIller
PIOjeCt to'anl9W'
PIIg6 1 of 1
SIw-.ZIICGla" {i1
R7\~
ELECTRIC
W ATE R
SEWER
21 West Church Street
Jacksonville, Florida 32202-3139
July 14,2006
lnsituform Technologies, Inc.
11511 Phillips Highway South
Jacksonville, FL 32256
Attention Suzarme Herrmann
RE: Contract No, l8228 Amendment 7
Dear Ms. Herrmann:
Enclosed for your files is a duplicate original of the fully executed Contract
between JEA and your company for the work referenced above.
Thank you for providing the certificate of insurance required under the contract.
Please remember that you are required to provide us with an updated certificate
upon the renewal of any of your policies throughout the term of the contract and for
a period of two years following termination,
Please feel free to contact me at (904) 665-6798 should you have any questions.
Enclosure
AMENDMffiNT NUMrnER 7 TO
CONTRACT NUMBER 18228
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES, INC.
THIS AMENDMENT NUMBER 7 (this "Amendment") is made and entered
into this / ;<~
day of --:JU / /
, 2006, by and between, JEA, a body
politic and corporate in Jacksonville, Florida, and INSITUFORM TECHNOLOGIES,
INC., a foreign corporation licensed to do business in the State of Florida
("CO NTRACTOR").
WITNESSETH:
WHEREAS, on May J 8, 2000, the parties made and entered into a Agreement
under which CONTRACTOR agreed to provide cured in place pipe unit price
construction for JEA (the "Agreement" or "Contract") for a not to exceed amount of
$2,000,000,00 with five optional one year renewal periods.
WHEREAS, said Agreement was subsequently amended to increase the
maximum indebtedness of JEA to Ten Million Five Hundred Thousand Dollars
($ i 0,500,000.00) and to exercise four of the five renewal options to extend the term of
the Agreement. This Amendment is JEA's exercise of the fmal renewal option.
WHEREAS, such Agreement, as amended, was to remain in full force and effect
as to all its terms, conditions and provisions as set f011h therein until May J 7,2006.
WHEREAS, the parties desire to exercise the fOUl1h renewal option and to
increase the maximum indebtedness of JEA by an additional $1,500,000.
NOW THEREFORE, in consideration of the mutual promises and covenants
herein contained, and for other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties agree that:
1. The above stated recitals are true and correct and, by reference, are
incorporated herein and made a part hereof.
2. Except as provided herein, the terms and conditions of the Agreement, as
amended, are incorporated herein and made a part hereof by this reference.
3. Notwithstanding the foregoing, Paragraph 1 of the Agreement shall be
amended to read as follows:
"1. That CONTRACTOR has been selected as the lowest and best
responsible bidder to provide to JEA Groundworks - Cured In Place Pipe
Unit Price Construction and has been award the contract for such work
during the term of this Agreement which shall be effective on May 18,
2000 and shall continue in full force and effect until May 17, 2007 in
accordance with the plans and specifications as set forth herein."
4. Paragraph 2 shall be amended to read as follows:
"2. The CONTRACTOR shall, at its own cost and expense, do the work
required to be done and furnish the materials required to be furnished on
said work in accordance with plans and specifications approved by JEA,
numbered WCS-J23-00, with bid opening date of May 4, 2000, designated
as Groundworks - Cured In Place Pipe (CIPP) Unit Price Construction"
and strictly in accordance with the advertisement calling for bids, plans,
specifications, blueprints, requirements of the said JEA, proposal of the
said CONTRACTOR, and award therefor, now on file in the office of the
Cmef Purchasing Officer, Procurement Department of JEA, all of which
are hereby especially referred to as "Contract Documents" and, by
reference, made a part hereof to the same extent as if fully set out herein,
for the total sum not to exceed Twelve Million Dollars ($12,000,000.00) at
and for the prices and on the terms contained in the CONTRACTOR's
said proposal for the doing of said work and the said award therefor, and
the Contract Documents hereinabove specifically referred to and made a
part oftms contract."
5. SAVE AND EXCEPT as hereby speciflCally amended herein, the terms
and conditions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment the
day and year st above written.
By
Signature
~jA~ PA-1 (L
Print or Type Name
r iowMlVlvrl1 LotJftACO S~(({lt'l-u1
Title
A~~
Signature
INSITUFORM TECHNOLOGIES, INC.
By
/~~~
Signa re
Denise Carroll
Print or Type Name
H nOll'JlriS Thomala
Print or Type Name
Contracting and Attesting Officer
v. President Rehabilitation Project
Title Support
Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the foregoing Agreement has
been duly authorized, and provision has been made for the payment ofthe monics
provided therein to be paid.
Fonn Approved:
~ ~
../" o'J7C;G C //
F Nanette Rund
Director, Budget
JEA
~~
G:\Gov't Operations\TClllylon\Client Foluers\JealForm Approvals\Form App. K's\Insiluform\Insituform-Amenument 7 (06-
27-06).doc
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INVITATION FOR BIDS
FOR PARTICIPATION IN
GROUNDWORKS
CURED IN PLACE PIPE (CIPP)
UNIT PRICE CONSTRUCTION
FOR
JeA
JACKSONVILLE, FLORIDA
MAHDA TORY PRE.BID MEETING
DATE: AprfI13,2000
TIME: 10:30 A.M.
!'LACE JEA Tower. 8fl Floor Board Room
21 West Church Street
Jaekaonville, FL 32202
JEA IFB NUMBER: WCS-123wOO
OPENtNQ DATE: April 27, 2000
TIME: 2:00 ~ .M.
PLACE:Sth Floor, JEA Customer Center
21 West Church Street
Jaoksonville, Florida 32202
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INVITATION FOR BIDS
I=OR PARTICIPATION IN
GROUNDWORKS
CURED IN PLACE PIPE (CIPP)
UNIT PRICE CONSTRUCTION
FOR
JEA
JACKSONVILLE, FLORIDA
MANDATORY PRE.BID MEETING
DATE: . April 131 2000
TIUE: 10:30 A.M.
PLACE JEA Tower, 8" Floor Board Room
21 West Church Street
Jacksonville,FL 32202
JEA IFB NUMBER: WCS.123-00
OPENING DATE: April 27. 2000
TIME: 2:00 P.M.
PLACE:6th Floor, JEA Customer Center
21 West Church Street
Jacksonville I Florida 32202
9046657365
09-14-05 02:59pm
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May-03~OO lO=43A AZURIX / MADSEN-BARR
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UNABL.E TO SUBMIT A SIO? We sincerely hope this is not the case. If yo~r fIrm cannot submit a bid at thi5 time, prOIJide,e
Information requer;\ed in the space provIded below and return to
p'rocuremont Department
JI~A
~~1 West Church Street, 6th Floor
Jacksonvile. FloMda 32202
We have mceived Il1vitation for Bids No. ~C.S"I.iJ,'~ld Due date ~i~ JaDOPWe are unable to submit a bid at this tin ,du~ to
the following reaSorls:
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~ / _. ~~~" J -: Signa.... and Tme ;n ,,4..1 c.. ....." I ?oll., Re:l' ,..J I (l'1'~'~
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-,,;~'A J e wfJ~:JlJ J;:,,.. Slreet Address or PO 60x
.
...b'I~ w.~~J, t:l. 3.:1. ,"5"0 - City, state, Zip Code
If $U emitting II "No BId', after reeei\llng a bId package, CO NOT RE'TURN BID PACKAGE. Send this form only or fa this lrorm to
9O<~.,655.72.9t
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INVITATION TO BID
. SEALED BIOSwlIl be received forth. JEA by the JiA Procurement Dept., Suite 103, JEA Tower Lobby, 21 West ChuTCh Street,
JlCksonvllle. FlorIda until:
LOCAl.. TIME 2:00 E).J!I.
DAY OF WEEK ThUl'ldav
DATE 6M127. gooo
8fId imrnediatIIY th8ruftsr publicly apenecl, reId aloud, and recorded in the ath floor Conference Room, JEA Cl.Istcmer
center, JaeIaIonViIe, Florida for the following:
JEA IFB NUMBER: WC&.123-OCl
TITLE: GROUNDWORKS - Cured In Pllee Pipe (C~) Unit Price Construction
SCOPE OF WORK:
. .. .. ThlI program InGtud" but I, not lImltecl to c:ontrtruction and smora_nay projtctl comprtllng
Sewer CoIllGtlon SyItIml.
MANDATORY PREBle MEE11NG
LOCAL TIME 10:301l.m,
DAY OF WEEK ---.lhul'ld~
DATE AD/'i113, 2000
PLACE JEA TOWIlI', Eighth ~ Bo&n:I Room, ;1 W. Ohurch street. JAektorwiDe. FL 32202
BID BOND: ~, of BId Amount
pe~FORMANCE BONO:
~.ooo 000 Annual
ll1e InlritBtion for 8ic111 (IFB) &nClIor bid forms may be examined at the Procurement Dept.. 8id section, Suite 103, JeA Tower Lobby,
JlCkionvllle, FIortda, and mey be obtained from that office In person. by calling (904) ees..e140, or by faxing your request to (904)
685-7294.
All bida must be made on fle appropriate bld farms contained In the IFB, propetIy executed IS described in the IFB 8/Id piIceCI in the
envelope prrMdId In the IFB PlCkageI marked to identify ttIe bid, and then shall be delivered or "",'\ad to JEA PfocUl8n'1IfIt
Otpwtment Bid sectian, 21 West Churdl streit SUitl103, Jack8On~, FIc8I8 32202.3139, prior to the time set for opening.
BidderS are fuIy responsible for delivery of bids. RelIance upon mail or pUblic can1er is at bidder's nsk. LATE lIDS .ME NOT
CiONSIDEREO.
M bidcleI"I InUit be approved as qua&fied for such seMen prior to the bId opening date. Section 11, S~cIaIlnstruc:tiOns to
Biddn. containS a lilt of the finns, person&, corporaUona, and/or companies that have been prequalified by JEA for the
type work spedfied herein.
All otner penrons. flrm&, COJ1)Oratlons and/or companiea deJiring to submit a bid for work specified herein must request the
. .prIq\lIlHiCltion.form from: .
JEA Procurement Oep.nment
21 west ChW'Ch Snet,6lt1 Floor
Jacksonville, Florida 32202
Phone (904} 665-7600
Slid ~UIIlfic8tion form Is to be ftlled out in its entirety end attested as and where Indicated and be deli~ to the .
aforern8ntloned 8dcIreseee It least 21 days prior lC the scheduled bid opening dall. The manner of delivery ohaic1
prequalllica1ion dOQm1entS shall be at the discretion of the bidder.
JEA niserves 1M right 10 reject any or all bicill, or any part thereof I waNe informalities irl any bid, make th8 award in part I)/'
whole II1d to m8ke the eward in the best InW8St of lht J!A.
Donald /4.. Boggc
Chief ~urchuing Officer
JEA
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SECTION I-INSTRUCTIONS TO SIDDI:RS
1. RESEkYATIONS
The JEA r.eservea me right to reject any or all bids or any part thereof and/or to waive informalities if such action is deemed to
be in the best interest of the JEA. Without limiUng the generality of the foregoing, the JEA may reject any bias which are
ineomplete, obscure or irregular. any bids which omit a bid on sny one or more items for which biclS are reQuired, any bids 'fttl1Ct1
omit unit prtces If unit P!tces are required, any bids in which unit prices are unbalanced In the o!)inlon of tne JEA. any bids
accom,*,iId by Insufftcient or irregular bid Hoorities, and any bids from bidders who have previously failed to satisfactorlly
compIIt8 contracts of any nature.
2. QUAUFICATJONS OF BIDDERS
B1dden5 must be preqI.lallfitd as stated In the InYltation to Bid. Bidders nol an the Responsible Bidden List at bid opening sIlall
not have tiler bids opened.
3. INTERPRETATIONS
Should .,y tlidcIer hM lilY ques1Ions IS to the Intent or meaning of Iny part of thillnvitation for Bidt, bIckIet should QOfttaet
the JEA. RepresentatiVe fisted in SectiOn II, SpeclaIlnstructlons to Bidders, In time to reoeive a wrftten reply before submitting a
bid.
4. &to BOND
A bld bond, property executed by the tlirjQer and by a qualified surety, or l!l certified or cashie~s check drawn in tne amount
shown CII"Ilhe Invitation to Bid, made pa~ab&e to the JEA must accompany each bid as a guaranlee lI'18t the bidder will not
withdraw fIom the competition after opening the bidS. In the event the contract is awarded to the bidder, bidder will within ten
days. PlCUIe the contract. fail~ whIch, the biclsecurity snall became the property of the JE:A u liquidated damages.
AIaneys kt fIct who sign bid bOnda ITIUIt tile ~ each bond a oerilfled copy of their power of attorney to sign &aid bondI. It
sh8II be. mRrtaJ requirement of the bid, not subject to WBlver, fQr the bid bond tD accompany the bid at or befcI't, but not
... the bid 0J)ef11ng.
5. fORM OF BID
Ead1 bid shall be made upon the bid fonn fumi8hed hnwittl, All blank spaces must be completed wl1h!he appropriate
respanI8. The bidder must state the price, typeWltttIn or written in Ink, for Which bidder proposes to complete each Item of the
pR)ject
S. COMPLET'ENESS OF BID
6.1. Bidders shall quote on aM items In one bid form. Failure to do 50 may result in the bid being rejected as not
responsive.
6.2. When Quotations en ceriein items are opiional, bidders shlU insert the wordS "no bid" in tile space provided for any
item for which no quotation i$ made.
6,3. Incorporation in the bid of excep1Ion$ shall invallClate the bid, unless the exceptiorr1l5 withdrawn. Bickler's standard
language, propoSed to be substituted for the JEA language, wUl not be considered,
6.4, TIle bld must be signed by an authoriZed agent or offic:er of the linn.
secTION 1~STftUl:iTION6 TO BlgDERS
PAGE 1
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7. PRICES
No biclder will be allowed to offer mofe than one price on each item even though bidder nas two or more types or stylet that will
meet specifications. Bidders must determine for themselves which to offer,
8, "OR eQUAL n INTiRPRET A TION
When a pertleular manuf~rer's name or brand Is speclfted along with the words .or eQual", bids will be considered on other
brands or on the product Qf other manufacturera. On all stich bids the bidder shall indicate clearly the pracluct (brine! and model
number) on Which bicIde1' Is bidding, and shill supply a sample or dicienl data in detail to enable an intelligent ~arIBCn to
be made with the par1lcuIar brand or menufactur81' specified. All samples shall be submitted in accordance wlth procedures
outlined In Subsection 16. Samples, catalog cuts and technical desCriptiVe data shall be attached to ltle original ~y of the bid
\IlIhere appIit.!IohlA. Failure to submit tM above informalion may be suffiaenl grounds for rejectign of bid.
9. DEVIATIONS FROM, SPECIFICATIONS
DeviationS from specifications and conditions will not be accepted an<! will cause rejectiol1 Of the bid,
10. COLLUSION
The bidder by IffilQng lpPfOPriate cignalllre ltl this bid, agreiS to the fo\loWlng: "BIdder certifies that this bid Is mado wlthwt
any pfl'Aous understanding, agreement or connection wlth any person, firm, or corporation milking s bid for the same work
Other tIa'1 as a subcxlntractor or aupprlll'i and is In all recpeots fair. without outside control, colluSiOn. 'fraud or otherwise Illegal
action: See SUb8eCtiOn 20, Diaquallficalloo of Bidders.
11. ALT!RAnONS OF BID
Eapt .. oIherwiI8 provided herein, bids wtlldl are ggndItionaI in any way. or which contain erasures 01' intertlntalions not
au1henticU!d 88 provided herein, or any othIr modtfiCItiOnS of the bid form wiU be rejected. Erasures, Int8ftlneltions or other
oorrectionS Ihall belUlhenticatscl by aftbdn; iI tile margin, Immediately opposite the correction, the handv.,ltten siptUre of
each per1OI\ executing the bid,
12. ESCALATION 'FACTORS
If a bid lndudes eecalation factors, it must Includes cap price, Payments will be made on the basis of the esceIatiOn faclDrl
and lI'le actual lime inYOlYec:l; however, bid evaluations Will be based upon the cap price.
13. DISCOUNTS
. All disCJJUntl, oller than for ptompt paymen~ shaH be lneWded in the bid prioe. Prompt payment discounts of leas than 30 days
shan not be CD1Sider8d In detennlning low bid. .
14. MODIFICATION OR WITHDRAWAL OF BID
14..1, A modification of a bid already received will be considered only if the modification is received pOOr ilthe time
lllnounced for opening of bids. All rnodlfiC;ations shall be made in writing, executed and submitted in the same .form
and manner as the origin.l bid, MOdificatIOns submitted by tele}2hone, telegraph or facsimile will not be considered.
14,2. /VI'f bidder may wtthdraW . bid by giving wrtllen notice to Chief Purchasing Officer, procurement oepanmen~ JEA. 21
west Churdl Street. Jacksorwllle, FIoride 32202, at any time prior to the time announced for opening of bids,
PAGE 2
SECTIOHI-IHSfRUCTIOHS TO BIDDERS
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15. DATA REQUIRED TO IE SUBMITTED IN REFERENCE TO BID
15.1. Whenever the specifications indicate a product of a particul8l' manufacturer, model, or brand in the absence of any
statement to the contrary by the bidder, the bid will be interpreted 8$ being for the exact brand, mod,l, or
manufacturer specified, together With 811 accessories, qualities, tolerances, composition ete., enumerated in the
detailed specifications.
15.2. If no brand. model or l1'!anufactUrer is &pecificdt and ff no data is required to be submitted with the bld, the successful
bidder, after award and befOre lTIInufacWre or shipment, may be l'Iquirecl to Gl.ltmlit watkin; drawings or detailed
descriptive data sufficient to enable JEA to judge If eacn requirement of the sper;;ificalionG i$ being c::omplied wilh.
16. SAMPLES
16.1. The samples submitted by biQclerI on items for which they ha\'e received an award may be retained by Ule JEA until
the delivery of contracted items is completed and accepted. Bidders wtIose samples are retained may Ilmove thorn
after ~ Is ~ted.
18.2. Samples not retained must be removed. soon IS posslbIe after award has been made on the item or items for
which 1he samples haw been submitted. JEA will not be responsible for such samples if not r8mowd by Ule bidder
YIfIlhin 30 dayc after the award h- been mlde. JEA reserves the right to consume any or III Simples for testing
purposes,
16,3. Bidderllhall make an arrangements for de/ivery of aampIes to place liISignated 85 well as the removal of samples.
Coot of delIvery and remoVII of samples sh811 be borne by the bidder,
16.4. . All sample packlges ahsII be mlltked -sam. for Proa.Irement oepartmenr and ,"oti sample shall bear the name of
the bIdcIer, item number, IFa number and Shall be carellUy tagged or marklCl in a substantial msmer. Fat'lm of Ihe
bidder to clearly ldentlfy I8JTlPIeS as indicated may be considered sufficient reason for rejeCtion of bid.
17. ERRORS IN BIDS
BIddeira or their au1horized rtprIItfttallYes are ~ to fully inform themselves as to the condltIon&. requtrements and
apeglllcItionI before submitting blds; failure to do so will be at the bidder'8 own risk. Neither law nor regul8tionl mike
aI\OWII1ce for errors either of omission or commission on the part of bldclers, In ease of error of exttnskln of priceS in the bid,
the unit price shaft govern.
18. ACDEHDA
Addenda mey be issued prior 1.0 the opetIftg of the biQs for the purpose of changing Of clarifying the Intent of If1ls document. All
aCIdenda wi! become , pan of the IFe end tI'1e bidder shaN ~8 receipt of all addenda on thefac:e of bidder's bid n.
19. POSTPONEMeNT OF OPeNING
JEA rel8Nll the rignt to po~ tie dati and ume announced for apenlng of bids. Such postponement may be rnaOA At any
time prior 10 the time announced for the opening of bids: JEA will give wr1tten notice of any sudl postponement 10 each party to
whOm bid documenlB hive been issued. followed by isSullnoe of an addenCSUm confirming tne changing of ttle I1I1nounoed date
and time for opening of bids.
SECTION f -INSTRUCTIONS TO BIODE~S
P"GE 3
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20. DISQUALIFICATION OF BIDDERS
20.1. No bidder shall submit more than one bid. and reasonable grounds for belie~ing that a bidder i& inter_led in mote
than one bld for the same work, D1fter than IS a subcontractor or supplier. will cause rejecllon of all bkts in whloh such
bidders ere believed to be intare&tecl. Any or all bids Will be rejected if there is reason to believe that collusiOn exists
among the bidder;; no p.trticip8nts in aueh coIlualon will be considered in futUre bids for tlle same work. Blds In Which
thl: ptioeG obvioUsly are unbalanCed may be rejected.
20.2. BIdderI are requited to disclose the name of any public obis or employees of \he JEA whic:h have any financial
rmftion, directly or ~irectly. wlltlthe bid for this wor1<. Failure to complete end submit the "Conflict of Interm
CerlIfioa\et when applicllbl.t will be grounds for disqualification of the bidder.
2'\. BID VAUDlTY PERIOD
The biddIr sh8II not wl1hdr8w a bid for a penod of 90 calendar days after the bid opening.
n CONFLIGT OF INTEREST
The bIdd8r shall camptete the "COntlict of Interest' form included with the bid fonns. if applicable. and retum it wtth the bid. See
SUbuCtlon 20.2. Disqu~ of BidderS.
23. PUBLIC EHTlTY CRIMES
In acoardance with sectIOn 287.133, FlortcIs SlatUtes, persons or afliUatealietecl on 1t1e corwletec:l vendor list may not submit a
bid \0 thI JEA and the JEA shill not make an 8W81d to persons or afnIlatea lialecl on !he QOI'lvicted wncIar list i3r any
nnucIon -=-ring $10,000 for a period of 36 months from the (Sate of being placed on the convicWd vendor Ust.
24. PAYMENTS
BiO$ requiring payments prior to deliVlrf of materials or services will be rejected.
25. BID OPENING AND PROTEST PROCEDURES
25.1. N. the time and pI8ce announced for lie Opening of bids. each bid from a qualified 'bidder which hl5 been received
prior i) the Il'Il\ClWlCIld time far opening -of bids. except thOse which have been propeny v.1thdraWn. will be p\!b1ic1y
opened and read aloud, irreapeCtive of any IrregUlarities or infonnalities in such bids.
~.2. Due to Ih4lIarve number of bids to be opened 8I'Id the nUmerous It8mS contained in some bids, sucn bids will not be
tabuIIttd It bid opening. Bids may be rev\eWed by arrangement with ~ bUyer.
25.3, Bidder1 dnlrtng . copy of the tabulation "'eet and the award recommendation mult Include I stamped, self-
eddressed envelope wI1h their bid. If B copy of the tabulation sheet is desired before award, then two 8\an1fled. self.
~ en'lelopet must be included.
2.6.4. Caples of the bids are available for publIC inspection ten (10) day. after bid opening or on tie elate of award.
whiale\ler is ,artier.
25.5. MY ~ regardilg mis IFa must be filed In wtiUng with the JeA Chief Purchasing Officer wiihln seven (7) days of
the bids being BVlftable for public Inspection.
25.6. CopIeI of the JEA PLm:haSing Code are available upon request from the JEA procurement oepnnent
ili. evAt,.UATtON OF liDS
Bids WIll be evaluated on the COGt \0 JEA and compliance with the specifications.
SECnON I-INSTRUCTIONS TO BIDDERS
PAGE 4
.+
27. ACCEPTANCE OF BID AND AWARD OF CONTRACT
Within 90 oaI8ndar days after the time announced for opening bldG, JEA may aot elther to accept a bid or to reject III bids. In the
best intelllSt of JEA. TIlf acceptance of a bid will be eVidenced by a Purchase Order or Notice to Progeed in writing signed by II
duty authorized I'8I'f8senlative of JEA. No other act of JEA shall constitute acceptance of a bid,
28. CANCELLATION
In the event that prior to the issuanoe of a Purcnase Order or NoUce to Proceed, subsequent information IndicateG lt1lt $Uoh an
DWIrd is not in the best intarest of 1M JEA. the right is reserved to rescind said award without prior notice to bidders. and either
award to another bidder or reject all bid!.
. 29. SECTION 255.05, FLORIDA STA.TUTES CONTRACT BONO
29.1. ThlIUCC8I&fuI bidder must furnish I payment and performance and payment bond in the amount shOWn on 1M!
In~ to Bid. made out \0 1he "EAt prepnd on 811 approved form, IS security for the f81thfUl perfonnInce of the
conhCt wtthin ten day& of notifig.11I to bidder that blddet"s bid has been accepted. The aurety IherIan must be
such surety ccmpany or companies as 818 aultlofizsd and licensed to transact business in the State of Florida.
29.2. The suooessfull:lidder upon failure or refusal to furnilln the reqUired performlnce and payment bond, shall forfeit the
bid gunnty iii liqUidated damages for such failwe or refusal.
30. EXEQUTION OF CONTRACT
The SUCDalIl bidder shill eXeaJte lh8 necessary OCII1trICt\IaI forms '"tenng Into a contract with JeA, ana return the executed
farms within "" days of receipt of formS for U8Q1tion. rauret1ase 0/'deI'& isaUed by JeA normally do not require execution by
the bidder,
31. FAILURE TO exeCUTE CONTRACT
F~ on the part of the successful bidder to execute lhe Contract IS required or to perfOrm under 1he Purcha8e CRIer will be
cause for lhe annulment of the award and, in the event of annulment of the award, the bidclBr shall fo11ett the bid gunnty. The
award may 1here8fter be made to the next 10000st acceptable bidder, or the work readvertised as the JEA may elect.
32. CONSTRUCTION AND DEMOLITION DEBRIS '
ConatruCIon and demolition debris may be disposed of only at approved sites withln Duval County. Only sites deIlgnated by
JICkSOnViIIe'1i DIrector or PubliG WcxkI may be wed. . BIcldet1 must ldenUfy the slte to which constnlCtion ancI d8mDIIIlan debris
under this contraCt wi! be I'8IT1CMd for d111p011l. Thole Ii. must be furti1er Identifted by CertIficate of NecessIty number il/'Id
Public wens Oepartrntnt permit number. A list of approved disposallSltes is provided In Section II, SpecilllnsructionB to
. Bidders, The bidder shall coml)lete the 'Conltl'Uctlon and DemoIl~on Disposal. form provided in Sectign Ill, FOIm of Bid, and
retum it With the bid,
aECTlON I -INSTRUCTIONS TO BIDDERS
P..G! 5
J.l'1vJ. 1 V' W"l'
--,
GCTlON 11- S'PECIAL INSTRUCTIONS TO BIDDERS
1. BIDDER INQUIRIES
All requestS for ful1her lnfonna1lon or clarification regarding thit n=s &hi'll" be dil1cted to:
Phone:
FIX:
E.M8iI AddreU:
John URnlIfI
JEA
21 WMt phureh St, 61\ FIoOl'
J-.mvil\e. FL ~~02
lWJUlym
!:104.MW275
IM1Ii88ieB.QQITl
".-
JEA RepreHntaliYe:
Address:
If furth8l" lIlCpIll'Iltion is deemed necessary, JEA Will nOUfy Bach blc1c1er Dy adde~dum to this IFB.
%. MANDATORY PRE-BID MmlNG
A rnandattIIY pre-bid meeting will be held for the benefit of alllntfnSlIcl bidderS. The pre-bid meeting WIll be h8kS at
, L.ocaI Tune: 10:30 lI.m. Day of week: Thursdav Date: ADriI13,2oo0
lJIc8tiOn:
AddreSS:
JEA TOiWBI". 811 Floor BaMl Room
AU intntted tMdder1 must attend the pre-bid meeting and site inspec:tion. BIDDERS Nor ATTENDING WlL.L HAVE THEIR
SlDS RETURNED UNOPENED. .
3. BIODEK QUALIfICATION
21 Wilt Church strIIt. JlIdcIonviIe. FL 32202
Only bids fI'Om bIddIl1 appelflng on JEA'S Reapon_ BldderG u&t far the below listed CAtegory wi1 be opened and
consldnd:
Category No, 161= - CIPP
Title Wltar And BNIlr una RlI'lflhlitation
A list of biddEn quafdled in the above referenced cIt8gory is attached (Attachmenl A). To be considered for pIICeITlIl1t on the
JEA's Responsft)le BlcIdIrs Ust, p\e8S1 caB JEA PraQurement Department at (904) 665.7600 for informatlon, NO OTHER
BIDDeRS WlL.L BE AU.OWED TO BID ON THIS WORK.
4. MINIMUM REQUIREMENTS
4.1. Must heM 8 payment and perfonnanct bonding capaatY of at leaSt $5,000,000;
4.2. Must havelnstallecl or r1h8tll/It8ted at leaSt 25.000 Knear Met of e- - 12" pipe or conduit using the CurlCi in P\ace ~
(ClPP) mdlod within each )U' of the two year pertod ended in the month just prior to submltt8I Of bicl.
4.3. t.\1st haYe installed ()/' rehttlllltatecl at least 25,000 Unear fell of 14' - 54' pipe or conduit using tl\e CUred in Place
PirIe (CIPP) method within eact1 year of the twO year perloa ended In the month jUst prior 1D submittal of bid.
U. 1M contractOr Shall have ,a ~ available to rneet with JEA within (8) HoutS IlOlIC8 to initiate an aotiOn p.I
. .. for emergencieS. M c:lir8Ct8d by JEA. the ContreCSOr &hall mobilize wllh manpower, equipmen~ and materills to
pedonn most emergency wen within 24 hoUrs of the initial meeting.
4.5. Must submit a cap)' of 1helr c;ompeny's Quality allCLlranoe program addressing the .QIPC8Ss. employees, equipment
and mUerials as outlined In SectIon VU . Technical Specifications. ~1JbBection it'!: ?
PAGE 1
sGCTJON U _ SPEClAllNSTRUCT10NS TO BIDDERS
-- - I
5. AWARe
Award Will be made to the lowest responsible and responsive bidder meeting or exceeding 5peclfiQation~.
6. PRICE ADJUSTMENT
UrlIe88 otherwtse mulUaIIy agreed upon by the partie8t annual prico adjuatnlent for yellr two and subsequent renewal,. If any,
shill be in accardlt1Ce with Bureau of Labor stItlsllcs, ProcIucer Priat IndeX, series catalog 10 PCUBWAT#. Not 8eaaOn811y
Adjusted, Industry: Wamr and sewer -supply construction, The index used wlll be the unadjusted percent cI\ange tor 12 months
ending June 3()11 preceding the new year. In the event this publlcltlon ceases. another index shall be mut1Ialy agreed upon,
Filling a mutuAly agreeable rep/ac:ernent index, the Conlr8ct shall terminate 90 days following the end of the then current fiscal
year.
7. T15RM.
The ten'n of t\e Contnw;;t Is two yelftl from date of aWlll'd with five optional one yeer feneW81 periClclc. Contract..... shall be
~ .... to JEA and the JEA Contractor and shill be sub/ecl to the availability of lawfully ~ted funds after the
Inlllal year of tie contract.
SECTION." - SPECIAL INSTRUCTIONS TO SIDDERS
PAGE 2
FROM
FAX NO. :9042804162
Jun. 13 2005 08:49AM P2
t .,",'.' ..Jl.,..J , I.., I
jUN. 13. 2005 1:1= 181411
:::'1 Wilt OhOlfQh 6tre~
JaCICSOI'lllille, Fior!l:la ~:22~.~13il
WAr r: ~
May 17t 2005
Mr. Gerald AdcUPgton
Institufon'tt teclmologiea
11511 Phlllps BiahWIY
Ja.ckaonvillo, FL 32256
1\E: Cured 1u ~ Pipe UtUt PM
WCS..1~..OO
Dear Mr. AcldiDston:
EncloseQ ue the m'itec1 originaJ. ~ duplicate original amendmmtt to the cont.ract
betWeen JEA a.ttd your company relative to the above eubjeot.
Before ~ both ~ to tbic o:ffi=, please have the orlslnal a:Kl ~e
orlKinals eaeuted by aD iUthotiAc1 oalQ<< of your company, type the name Of the
oftfcer Uftder his/ber sigoature. and attest.
JB\~
EL~OT~IC:
g ! \IJ ~ R
Please feel free to COD%aot me at (904) 66'-1~~4 should you. ha.ve any questio!l&.
Ene.
21 \Nest Ct'luicr- Stree1
Jacl,sonvll!e. Fiond2 3220::'.3139
JEA,"
June 29,2004
Ms. Suzan Hermann
Instituform Technologies
11511 Philips Highway S,
Jacksonville, FL 32256
RE:
Cured In Place Pipe Unit Price
WCS-123-00
E:' CTRIC
Dear Ms, Hermann:
VI'~.TER
SEWER
Enclosed for your files is the duplicate original of the fully executed contract
amendment between your company and JEA for the above referenced project.
Please feel free to contact me at (904) 665-7284 should you have any questions,
Ene.
ef: Gerald Smith
AMENDMENT NUMBER 6 TO
CONTRACT NUMBER 1822$
BETWEEN JEA AND
INSlTUFORM TECHNOLOGIES
THIS AMENDMENT NUMBER 6 (this "Amendment') ill Made and ontorvd
into this It day of 11 t:( · V , 2005. by and between, .lEA, a body
f
politic and corporate in Jacksonville, Florida, and INSITUFORM TECHNOLOGIES,
INe., a Delaware corporation ("CONTIU.CTORtI).
WITNESSETH:
WHEREAS, on June 7, 2000, the parties made and entered into a Agreement
under which CONTRACTOR asreed to provide cured in place pipe unit price
constnlction for JEA (the "Agreement" or "Contract") for a not to. exceed amount of
$2,000,000.00 with five optional one year renewal periods.
WHEREAS, said Agreement was subsequently amended to increase the
maximum indebtedness of JEA to $9,000,000.00 and to exercise three 'of the five renewal
options to extend the term of the Agreement.
WHEREAS, such Agreement. as previously amended, was to remain in fWl force
and effect as to all its terms, conditions and provisions as set forth therein until May 17,
200S.
WHEREAS, the parties desire to exercise the fourth renewal option and to
increase the maximum. indebtedness of JEA by an additiona.l $1,500,000.
NOW THEREFORE, in oonsideration of the Agreement and for the mutual
promises and covenants herein contained, and for other good and valua.ble consideration,
the receipt and sufficiency of which is a.cknowledged, the parties agreetha.t:
. . c,.' .' ~.
1. The above stated recitals are true and correct and, by reference, are
incorporated herein and made a part hereof.
2. Except as provided herein, the tenns and conditions of the Agreement, as
amended, are incorporated herein and made a part hereof by this reference.
3. Notwithstanding the foregoing, Paragraph 1 of the Agreement shall be
amended to read as follows:
1. That CONTRACTOR bas been selected as the lowest and best
responsible bidder to provide to lEA Groundworks - CUIied In Place
Pipe Unit Price Construction and has been award the contrflCt for such
work: during the term of this Agreement which shall be effoetive on
May 18, 2000 and shall continue in full force and effect until May 17 l
2006 in accordance with the plans and spccificati.ims as set forth herein.
Following the completion of the initial term of this Agreement, JEA, in
its sole discretion, may renew this Agreement for one (1) additional
one-year period, subject to the availability of lawfully appropriated
funds.
3. Paragraph 2 shall be amended to read as follows:
2. The CONTRACTOR shall, at its own cost and expense, do the
work required to be done and furnish the materials required to be
furnished on said work in accordance Vv'ith plans and specifications
approved by lEA, numbered WCS-123..QO, with bid operting date of
May 4, 2000, designated as Groundworks - Cured In Place Pipe (CIPP)
Unit Price Construotion" and strictly in a.c::cordance with the
advertisement calling for bids, plans, specifications, blueprints,
requirements of the said JEA, proposal of the said CONTRAcrOR,
and award therefore, now on file in the office of the Chief Purchasing
Officer, Procurement Department of JEA, all of which are hereby
especially referred to as "Contract Documents" and, by reference, made
a part hereof to the same extent as if fully set out herein, for the total
sum not to exceed Ten Million Five Hundred Thousand and Noll00
Dollars ($10,500,000.00) at and for the prices and on the tenus
contained in the CONTRACTOR's said proposal for the doing of said
work and the said award therefore, and the Contract Documents
hereinabove specifically referred to and made a part of this contract.
5. SA VB AND EXCEPT as hereby specifically amended herein, the temllS
and conditions of the Agreement, as amended, shall remain in full force and effect
IN WITNESS WHEREOF, the partieS hereto have duly executed this Amendment the
day and year first above written.
~
By'
Print or Type Name
Title
ATTEST:
~~~
SIgnature
5uUi'l b. "~""lWA.nn
Print or Type Name
~itt9f,'~ ~~Ic..et'
Title
By'
l
'Jo..rnts J2. tto..nsb"'O~h
Print or TyPe Name
"J) i ~f ('; c..:t: mc>..nQ.q ~
Title
I hereby certify that the expenditure contemplated by the foregoing Agreement has
been duly authorized, and provision has been made for tbe payment of the monics
provided the~ein to he paid.
/1k~~~~
Nanette Rood
Director, Budget
JEA
Fonn Approved:
r
'!.t' ,,.
AMENDMENT NUMBER 5 TO
CONTRACT NUMBER 18228
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES
THIS AMENDMENT NUMBER 5 (this "Amendment") is' made and entered
into thie ~ day of J" (J..Yl e... , 2004, by and betWeen, JEA, a body
politic and corporate in Jacksonville, Plorida, and INSlTUFORM TECHNOLOGIES
("CONTRACTOR").
WITNESSETH:
WHEREAS. on June 7, 2000. the parties made and entered into a Agreement
under which CONTRACfOR agreed to provide cured in place pipe unit price
- construction for JEA (the uAgreemeot" or "Contract") for a not to exceed amount of
$2,000,000.00 with five optional one year renewal periods.
WHEREAS, said Agreement was subsequently amended to increase the
maximUm indebtedness of JEA to 59,000,000.00 and to ~xerci$e three of the renewal
options to extend the term of the Agreement.
'WHEREAS, such Agreement, as previously amended, was to remain in full force
and effect as to all its terms, conditions and provisions as set forth tlierein until May 17,
2004.
WHEREAS, although the Agreement has expired pursuant to its terms, the
parties wiSlh to amend and restate the Agreement in order to ratify the continued
performance of such Agreement. as amended, and to exercise the fourth renewal option to
extend the term of the Agreement as to all of its terms -and conditions and to include
revised unit prices for the work;
NOW THEREFORE, in consideration of the Agreement and for the mutual
promises and covenants herein contained, and for other good and valuable consideration,
the receipt and sufficiency of which is acknowledged, the parties agree that:
1. The above stated recitals are true and correct and, by reference, are
incorporated herein and made a part hereof.
2. Except as provided herein, the terms and conditions oftbe Agreement. as
amended, are incorporated herein and made a part hereof by this reference.
3. Notwithstanding the foregoing, Section 1 of the Agreement shall be
. amended to read as follows:
"1. That CONTRACfOR has been selected as the
lowest and best responsible bidder to provide to rEA
Groundworks - CUred In Plaee Pipe Unit Price
Construction and 'has been award the contract for such work
,during the term of this Agreement which shall be effeetive
on May 18, 2000 and shall 'continue in full force and effect
until May 17, 2005 in 'accordance with the plans' and
specifications as set forth herein. Following the compl~tion
, of the initial term of this Agreement. JEA, in its sole
discretion, may renew this Agreement for one (1) additional
one-year period, subject to the availability of lawfully
appropriated funds."
4. The Agreement shall be hereby amended to add the attached Exhibit A
that sets forth revised unit prices for the work, which such unit prices shall be applied
retroactively to the work completed since August 1. 2002.
S. SA VB AND EXCEPT as hereby specifically amended. herein. the terms
and conditions of the Agreement, as aIr.lended, shall. remain in full force and effect. ,
IN WITNESS WHEREOF, the parties hereto have duly exeGluted this Amendment the
day and year first above written.
A1TEST:
Si~~
l'o~ ~I
Print · e Name
p(D(gS 5rAf6. ~DC-;
Title
JEA
By '....bi~~
James A. Dickenson
Chief Operating Officer
JEA
ATTEST:
. INSITUFORM TECHNOLOGIES, INC.
By
Signature
TIII"F"I f.I!~~d{)"d
Print or Type Name
..su~ b. "~n
Print or Type .Name
~ttt.QfI~Ct+'\~
Title
/)&:t;,~.,.. MA"u(;~(
Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the foregoing Agreement has
been duly authorized. and provision has. been made for the payment of the monies
provided therein to be paid.
~ ....'-~ ~ j2....&..~ /
Nanette Rund-
Director. Budget
JEA
Form Approved:
~
Office of General Counsel
AMENDMENT NUMBER 4 TO
CONTRACT NUMBER 18228
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES
TlUS AMENDMENT NUMBER 4, made and entered into this ~J.no\ day of
~ . 2003, by and between, JEA, a body politic and cotporate in
Jacksonville, Florida, and INSITUFORM TECHNOLOGIES ("COl'fiRACTOR'"),
WI1NESSETH:
WHEREAS, on June 7, 2000, the parties made and entered into a Agreement
under which CONTRActOR agreed to J'l'Ovide cured in place pipe unit price
construction for JEA (the "Agreement" or "ContraCt") for a not to exceed amount of
$2,000,000.00 with five optional one year renewal periodsj and
WHEREAS, said Agreement was subsequently amended to increase the
maximum indebtedness of reA to $8,000,000.00 and to exercise two of the renewal
options;
WHEREAS, such Agreement remained in full force and effect as to all its terms,
conditions and provisions as set forth therein until May 17, 2003; and
WHEREAS, JEA and CONTRACTOR desire to ratifr the ex.pired contraot and
incorporate it herein as if set out in its entirety. exercise the third one year renewal option,
and to increase the maximum indebtedness of JEA by an additional Sl,OOO,OOO.OO; now
therefore
IN CONSIDERATION of the Agreementand for the mutual promiseS and
covenants herein contained, and for other good and valuable consideration, the parties
,agree that:
1.
The above stated recitals are true and correct and! by reference! are
incorporated herein and made a part herebf.
2. Parasraph 1 shall be amended to read as follows:
Ill. That CONTRACTOR is the lowest and best responsible bidder for
Groundworks - Cured In Place Pipe Unit Price Construction for JEA for
period May 18,2000 through May 17,2004 in accordance with plans and
specifications hereinafter referred to, and has been awara.ed the contract
for said work. Following the completion of the initial term of this
Agreemen4 JEA in its sole discretion, may renew this Agreement for two
additional one year periods, subject to the availability of lawfully
appropriated funds."
3. Paragraph 2 shall be amended to read as follows:
"2, The CONTRACTOR shall, at its own cost and expense, do the work
required to be done and furnish the materials required to be furnished on
said work in accorc1ance with plans and specifications approved by JEA,
numbered WCS-123-00, with bid opening date of May 4, 2000, designated
as Groundworks - Cured In Place Pipe (eIPP) Unit Price Construction"
and strictly in accordance with the advertisement calling for bids, plans,
specifications, blueprints I requirements of the said JEA, proposal of the
said CONTRACTOR, and award therefor, now on file in the office of the
Chief Purchasing Officer, Procurement Department of JEA, all of which
are hereby especially referred to a:!i "Contract DocwnentB" and, by
reference, made a part hereof to the same extent as if fully set out herein,
for the total sum not to exceed Nine Million and Noll 00 Dollars
($9,000,000.00) at and for the prices and on the tenns contained in the
CONTRACTOR'. said preposai..for the doing of said work and the said
award therefor. and the Contract Documents hereinabove 15pecifically
referred to and made a part of this contract."
SAVE AND EXCEPT as hereby specifically amended herein11 the terms and
conditions of the June 7, 2000 Agreement, as amended, shall remain in full force and
effect.
ATIEST:
.lEA
By
nltJC,J(
Pro CL';~ ~ rl ~,c. . JEA
Title
,~
INSITUFORM TECHNOLOGIES, INC.
By/rdrellH
Jame~ R. Hansbroustt
Print or Type Name
ATTEST:'
SUzan G..btermam
Print or Type Name
Contracting' Attesting OIficGr
Title
Oi totrict Manager I
Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the foregoing Agreement has
been duly authorized. and provision has been made for the payment of the monies
provided therein to be paid.
~ t.' ,,'7.. 'L. ~o&.-~-'
Nanette Rund
Dtrector," Budget
1EA
t ,,,"
11'1011 Ui UKI'I
r dl,' ::?V/.fL ::?LJl.::?O
,-;I~I v L.V'''''''V
AMENDMENT NUMBER 3 TO
CONTRACT NUMBER 18228
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES
THIS AMENDMENT NUMBER 3, made and entered into this J { day of
J 0 nt'
, 2002, by and between, JEA, a body politic and corporate in
Jacksonville, Florida, and INSITUFORM TECHNOLOGIES C'CONTRACTOR'1,
WITNESSETH:
WHEREAS, on June 7, 2000, the parties made and entered into a Agreement
under which CONTRACTOR agreed to provide Q\U'ed in place pipe U11it prioe
construction for JEA (the "Agreement" or lIContract") for a not to exceed amount of
$2,000,000.00 with five optional one year renewal periods; and
WHEREAS, said Agreement was subsequently amended to increase the
maximum indebtedness of JEA to $6,000,000.00.
WHEREAS, the rEA desires to exercise the one year renewal option and to
increase the maximum indebtedness of JEA by an additional $2,000,000.00; now
therefore
IN CONSIDERATION of the Agreement and for the mutual promises and
covenants herein contained, and for other good and valuable consideration, the parties
agree that:
1. The above stated recitals are true and correct and~ by roferenoe, axe
inoorporated herein and made a part hereof.
2. Paragraph 1 shall be amended to read as follows:
J.1~01. I vr UI'.I'I
r OA. ::;JV~L ~.c.vL :;<--~
.JUI I V LVVV
"1. That CONTRACTOR is the lowest and best responsible bidder for
Groundworks - Cured In Place Pipe Unit Pric~ ConstTUetion for 1BA for
period May 18, 2000 through May 17, 2003 in acoordance with plans and
specifications hereinaft=- teferred tOt and has been awarded the c;;ontraot
for said work. Following the completion of the initial tet'tt1 of this
Agreement. JEA in its sole discretion, may renew this Agreement for four
additional one year periods, subject to the availability oflawfully
appropria.ted fimds."
3. Paragraph 2 Ihall be II1tumded to read as follows:
4'2. The CONTRACTOR shall, at its own cost and expense, do the work
required to be done and furnish the materials required to he fu.mished on
said work in accordance with ,lans and specifications approved by JEA,
nwnbered WCSM123-00. with bid opening date of May 4,2000, designated
as Groundworks - Cured In Place Pipe (ClPP) Unit Price ConstYuction"
and strictly in accordance with the advertisement calling for bids, plans,
specifications, blueprints, requirements of the said ~.propoBa1 of the
said CONTRACTOR, and award therefor, now on file in the office of the
Chief Purchasing Officer. Procurement Department of JEA, all of which
are hereby especially referred to as "Contract Documents" and, by
reference, made a part hereof to the same extent as if fully set out herein.
E\!shT ~~.,..... :
for the total sum not to exoeed .;welve Million and NollOO Dollars
(S8,000,ooo.00) at and for the prices and on the terms contained in the
CONTRACTOR's said proposal for the doing of said work and the said
award therefor, and the Contract Documents hereinabove specifically
referred to and made a part of this contract."
SAVE AND EXCEPT as hereby specifiQally amended herein, the terms and
conditions of the Jun~ 7.2000 Agreement. as axnended, shall remain in full force and
effect.
11'Dl I ur UKI'I
r G^' ::?IJ'-IL ::>Lvl.::>O
~
.) ~~
B/)J~
Wa1terP. Bussells
CEO & Managing Director
Print or Type Name
JEA
Title
ATI'EST:
INSITUFORM TECHNOLOGIES, INC.
BYJto '( u
Signature
~~~
Signature
SUlan G. HermaM
Print or Type Name
Contractirg &
Attesting Officer
Title
Ri chard T. t-bNton
Print or Type Name
Contt"8ctirra & .
Attesting Officer
Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the foregoing Agreement has
been duly authorized, and provision has been made for the payment of the monies
pro\ided therein to be paid.
.~o<Lil~-'/L-L--~
Nanette Rund
Director, Budget
rEA
AMENDMENT NUMBER 2 TO
CONTRAct NUMBER 18228 .
BETWEEN JEA AND
INSITUFORMTECBNOLOGIES
THIS AMENDMENT NUMBER 2, made and entered into this. ~ day of
~
. 2001, by and between, JEA, a body politic and corpora.te in
Jacksonville, Florida, and INSITt1FORM TECHNOLOGIES ("CONTRACTOR").
WITNESSETH:
WHEREAS, on June 7, 2000, the parties made and entered into a Agreement
under wbiQh CONTRACTOR agreed to provide curod. in plaoc pipe unit prioe
construction for JEA (the "Agreement" or "Contract") for a not to exceed amount of
$2,000,000.00; md
WHEREAS, said Agreement wu subsequently amended to increase the
maximum indebtedness of JEA to $4,000,000.00.
WHEREAS, the parties agree that said Asreement should be amended again to
inCIllaSe the maximum indebtedness of JEA by an additional $2,000,000.00; now
thercforo
IN CONSIDERATION of the Ajreement and for the mutual promises and
covenants herein contained, and for other good and valuable consideration, the parties
agree that:
1. The above stated recitalJ are true md correct and, by reference, are
incorporated herein and made a part hereof'
2. Paragraph 2 shall be amended to read ufollaws:
''2. The CONTRACTOR shall, at its own cost and expense, do the work
required to be done and furnish the materials required to be furnished on
.L1'1v.L IVI WI....l'
I U/'.-!'.J""""'tL.../L...v.J....J.'_.'
said work in accordance with plans and specifications apProved by JEA,
numbered WCS-123-o0, with bid opening date of May 4, 2000, designated
as Groundworks - Cured In Place Pipe (CIPP) Unit Price ConstlUction-'
and strictly in a.ccordance with the advertisement calling for bids, plans,
spooifications, blueprints, n:quirc:mc:nm of the said reA, proposal of the
said CONTRACI'OR"andaward therefor, now on file in the ofiice of the
Chiet"Purchasing Otlioer, Procurement Department of JB~ allofwmch
are hereby especially refemd to as "Contract Documents" and, by
reference, made a part hereof to the same extent as iffully set out herein,
for the totallUM not to exceed Six Million and Noll 00 Dollan
(56,000,000.00) at and for the prices and on tho tcmns contained in the
CONTRACTOR'. aaid proposal for the doinS of said work and the said
award therefor; and the Contract Documents hereinabove specifically
referred to and made a part of this contract."
SAVE AND EXCEPT as hereby specifically amended herein, the terms and
conditionJ of the June 7, 2000 Asreement, as amended, shall remain in full force and
effect.
ATrEST:
JEA
By
Walter P. Bussells
CEO & Managing Director
Signature
Print or Type Name
JEA
Title
ATTEST:
INSlTUFORM TECHNOLOGIES, INC.
~~~
By ~ Mo
-- Signature .
.J..I'I......J. I VI WI"I
I u,^ - .Jv-rk- -"k-""'..l.-"''-''
Suzln C. Hernnsnn
Print or Type Name
Contract ADministrator
Title
Text! All s~
Print or Type Name
Regional Vice Pr~sident
Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the foregoing Agreement
has been duly authorized. and provision bas been made for the payment of the monies
provided therein to be paid.
I.
Robert Dix
Controller
JEA
INSITUFORM
Fax:9042923198
Jan -5 lUUb '~,' l"~
AMENDMENT NVMBER.l TO
CONTRAcrNUMBDl8228
BETWEEN JEA AND
INsrrurORMTECBNOLOGlES
THIS AMENDMENT NUMBER 1, made ami entered into this.~ day of
}.l C,~~ if , 2000~ by and between. a body politic and corporate in
1edgsonv:ille, Florida, 6lM INSITUFORM TECHNOLOGIES ("CON1JRACTOR").
WITNESSETH:
WHEREAS, on June 7, 2000, the parties made and entered moa AgreemS11t
UDder which CONTRACTOR qreed to provide oured in place pipe unit price
construction for JEA (the 44Agreement" Of "Contrs.ct")~ and
WBEREAS~ the partieS agree that said .AgreCmm1 should be amended to ~
the 1Dt'\iumm indebtedness of JEA by an ad<litinnal $2,000&000.00; now therefore
IN CONSIDERATION of the AgreemS11t and for the mutual promises and
covenants herein contained. and for other good and valuable consideration, the parties
agree that:
1. The above stated recitals are true and correct and, by referen=, are
incorporated hetein and made a part hereOf.
2. parqraph 2 sba.tl be ~d to read as follows:
h"2. The CONTRACTOR shall. at its own cost and expense, do the work
required to be done and furnish the materials required to be 'furnished on
said work in accordance with plans and speCifications approved by JEA,
numbered WCS-123.00,withbkio~ date of May 4, 2000, desigD8ted
as Groundworks ... Cured In place Pipe (CrPP) Unit Price ConstrUCtion"
and strictly in accordance with the advertisement calling for bids, plans,
INSITUFORM
Fax:9042923198
~an j LUUb ~;4b
I"".IJ")
specifications, blueprints, requirements of the said JEA. Proposal of the
said CONTRACI'Oa SDd award tberefOr. now on file in the office oftbe
Cbief~g Officer, Procurement Department of JEA. all ofwhich
are hereby especially referred. to as "CoJ11ract nocuments~' and, by
reference. made a part hereof to the same extent as iffullY set out ~
fOr the total sum aot to exceed Four Million and Noll 00 Dollars
($4,000,000.00) at and for the prices and on the terms contained in the
CONTRACTORt, said proposal fbr the doing of said work 8Dd. the said
award tberefor~ aM the CoDtnu:t Documents hereinabove specifically
referred to and made a part of this contract."
SAVE AND EXCEPT as hereby specifically amended herein, the terms and
conditiOns of the June 7. 2000, .Agreement shall remain in full force and effect.
A'lTEST:
JEA
By
Signature
Walter P. BusseUs
CEO & M~Director
Print or Type Name
JEA
Title
ATIEST:
INSITVFORM TECHNOLOGIES, INC.
Suzan C. Herrmam
Print or Type Name
BY~~
Todd AII~up
Print or Type Name
~~.~
S. e
Contract AdminJstrator
.tbd 'IT L
Title
Regi 0A8' Vice Pre$ i aent
Title
CONTRACTOR
INSITUFORM
Fax:904292~1'::38
.Jan ,') lUUt,
1 hereby certifY tbat the expeaditt.1re contemplated by the :fbregoing Agreem&mt bas
been duly authoriad. and. provision bas been made fur tbe payxbmt ofthC monies
provided therein to be paid.
Robert Dix
Controller
JEA
.,
'_~ h....
IITY OF DELRAY BEA[H..;i~"""
:,.,.{::,., ..:'"
. ,:,," ;j:.~ ~:' :" ,. I""" ,,'d.,
J,-;.: ._":,..,
i;:~llij~i~!lti)~jY/;~~.;:;;;'\~":i.'
.,',' .,.;
DELRAY BEACH
~
Ail-America City
, , II t!
100 N,W, 1~l^VFNUI=
DE:I.AAY BEACH. rLORIDA 3:;4,1~
!iG 1 /~43-7noo
July 12, 2006
19Q,1
lo001
Gary C74ikowski~ President
Chaz Equipment Co. Inc.
3460 Jo'airlane Road, Suite #8
Wellington, Florida 33414
REF: Bid #2002-37
Sanitary Sewer Manhole Interior Rehab
AlUlual Contract, 4th Year Renewal
Dear Mr. C~ikowski;
Our City Manager, on July 0512006 has approved the one (1) year renewal with your company for the
above referenced sul~iect.
Term of the contract will be from October 01. 2006 to S~pt.ember 30. 2007. Item(s) shall be ordered
via individual purcha.c;e orders and/or blanket order releases on an "as need~d ba'iis" 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 questions, YOIl may rea.ch me/at (561) 243-7163.
I
/
Sincerely,
~~.P~
L/
Jacklyn Rooney
Purchasing Manager
~
c':.: Joseph Safford~ce Director
Victor Majtenyi, Deputy Director Public Works
Richard lla.o;ko, Director of Environmental Services
Scott Solomon, Manager Water & Sewer Network
rll.':' .,;~':::.;:',=-:::-:;-.:c.;;:.-;:-:-::.,;;..... " .~-
, _: .... I. ' ,. ~ .'. " .
JUL 1 3 2006 !
1..,'":/ f" I .
..:-~~, .-' '- .
:~ .. "._- ,...--
@> Prill/"U 011 (It>r.yc.led PHI""
THC EFFORT ALWAYS MATTERS
tlTY DF DELRAY BEACH
"
DELRAY BEACH
,~
AII"Am!irlcBClty
, 'III!
11)0 N.W. .!~: AVL,NUF
DH,HI\Y E3f::kCH. FLOHII'Ii\ 33'14"
t',f.r 1/;;.:-:Ll,7000
June 26, 2006
. ~'''.' "." ->
i 11'.' ';~ ,.; I, )l' I'
~J~. I ,(."" C t' \ 1 ;,)
1 ')93
2001
Gary CzajkowRki, President
Chaz Equipment Co. Inc.
3460 Fairlane Farms Road. Suite #8
Wellingt.on, Florida 33414
REF: Bid #2002-37
Sanitary Sewer Manhole lnterior Rehab
Annua.l Contract, 4ml Year Renewal
Dear Mr. Czaj kowski;
The annual contract for the above referenced Hid ex-pires on September 09, 2006. 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 prices for four (4) consecutive terms of one (1) year subject to vendor(s)
acceptance, sa.tlafactory performance and deter,tnination that renewal will be in the best interest of the City".
Please advise if this 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 attention, Jacklyn Rooney, Purcha8Jng
Division, City of Delray Bea.ch, 100 N.W. First Avenue, Delray Beach, Florida, 33444.
Sincerely,
9-e.Y.a.~rlc- RcruYlJl'),~ .
Jacklyn Rooney, purchasing Mal,lager
/
-r;::.bY agr I; t~ the one (1 )~.r e.ten:ion of (he - '~bject Bid
_.l alTl,unabl to provide a one (I) year extension of the subject Bid
~~...~) I"~ (7 ~,
Date
s~'~~rc" ..- --
~l~.' ,
----L:M.' .'..t/ if n r..). '\ /0
Name (p t) l./
co: Joseph Saffo~nce Director
II
T H [' E f~ F () Fn A [,.IN t",y' "c, f\A ATT r- n ::..
@ 1.11,'r/11::1~ on FJ~cy(,;"I...'(1 ,~';'W,:~I
,.:7~;;[ITY DF DELAAYBEA[H
dRAY BEACH
~
All-America City
, , " J!
100 tJ.VV, : st AVEt'JUE
.~
OELR!I,V BEACH. FLORIDA 33444
561/243-7000
July 15, 2005
1993
2001
Gary Czajkowski, President
Chaz Eqilipment Co. Inc.
3460 Fairlane Farms Road, Suite #8
Wellington, Florida 33414
.... "~C-"""" ;.. .', '. .(.H..., .,;..,' ......",.- ...-.'-~'''''''''''',h';:::~'''lo ., ..11,... I', I
'. .~~ - ,
I
RE: Bid #2002-37
Sanitary Sewer Manhole Interior Rehab
Annual Contract - 3rd Year Renewal
Dear Mr. Czajkowksi;
RECPl\lF:D
JUL 2 0 Z005-
BY:
," .'
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 tenn.
Please forward to my attention, a11 updated certificate of insuranceJ.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 Delray Beach,
If you have any questions, yqu may contact me at (561) 243-7163.
/
I
Cl~"""""'or<:"l,,(T
u J..L\.I...... \..IJ.),
c;p.Lt-b.fr:p.J... R 02;v'UZ(;.1-/
(; t , fJ
J ac1dyn Rooney
Purchasing Manager
cc: Joseph Saffor~ance Director
Dan Beatty, Deputy Director Public Utilities
Richard Hasko, Director of Environmental Servires
Scott Solomon, Manager Water & Sewer Network
@ ,L'rint6.'cf un F1e~:,y(;"t::j p.~?par
THE EFFDF:T ALWAYS MMTEfiS
[ITY DF DELHAY BEA[H
DElRA Y Ri:ACH
~
AII-AmF;lrioa City
, III r!
Ion N.W, 1sr AVf.NlJF.
DF.L nAY R FA(;H, FI CJf1ID^ T!A.A4
G01i2,13 7000
JW1e. 215,2005
1993
2001
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3~gO Fili.rl~"'le FMmSR.q2.rl, ;'i16
Wellington, Florida 33414
REF: Bid #2002.37 - S anilary. Sewer Manhole lnrerior
Rehab - Annual Contract, 3rd Year Renewal
Dear Mr. Czajkowski;
The annual contract for lhr.: above referenced Bid expires on September 30, 2005. 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, oonditions, and prices for four (4) consecutive ten11$ of one (1) year subject to' vendor(s)
acceptance,satisfactory performance and determination that renewal will be in the best interest of the City".
.~ , J
.Please advise if this extension of your contra.ct at prices quoted in your Bid dated August 27, 2002 WQU Id b~
acceptable.
Please respond by signing below and returning one original copy to rnyattention..}acklyn Rooney, Purchasing
Division, City of Delray Beach, 100 N,W. First Avenue, DeIray Beach, Florida, 33444.
Sincerely,
~'f: Ji-(? f) ',. 1 ( J
'; acklyn RO?:~;: rur:~:;l~:' m:ger
.......J..,......~,...... _"'-'_....'-________.-0.. .~..
_ I hereby agrTe one (1) year exteru;ion of the su bje,. Bid
_ I am 7td provide a one (1) year extension of the subject Bid
/ ~~~-'~~-
~~
? 1 . ,'.
.. r,j (;if/to bJ,~;{;'
Name (print,(
cc: Joseph Safford~ance Director
1-/:J -OS
Date
~ PmJ/L'C/ (Ill AC('\'f;-/t\(.1 P:If)r'r
Till Eli () i'~) A I W,I::.. y~; M A I I I K ~
..Jnn.l.'-t 10~ 1.0;' J.....)
/,r"y DF DEIARY BEA[H'
,~
UI!LRAY BEACH
~
AlI.Ain&rica CIty
lllll!
]",i tl W 1-,: I\V H'J I II
1)1 l HAY RF ^<:;i I. I, l Onlrll\ :l:I-1'H
:,Rl/<:'487000
1])<).1
20( Jl
January 14,2004
Mr. Gary Czajkowski
3460 Fairlane Farms Road. #8
Wellington, Florida 33414
_ -0' ';JlI(I:
To whom it may concern,
This letter is to confirm that the City of Dekay Beach Contract #f002-37 for Sanitary Sewer Manhole
Interior Rehabilitation - Annual Contract is an open-ended unit-price contract applicable to one or
lore' unIt measurements herein with rio limit on price total so long as unit prices rernain constant in
accordance to the contract document.
Consideration in awarding rehabi/itationof sanitary manhole to Chez Equipment Company in
accordance with the above contract by ljnij price oonsideration and without Ii ri1 it to'total sum by any
municipality or governing body witt,in tpe State of Florida may be given under "piggy back'
provisions without flJ.rther need of apprQyal from the City of Defray 8ea'ch. "
8-inaerely,
'J;~W~
,/ Patsy . d I, Buyer-.
City 0 ray Beach
Cc: Joseph Saffordl~e Director.
Jackie Rooney, ~'~sing Manager
(-~
~.J J'r;nlf:tlJ on RHr:Vl~Jt:'Ir1 P':l",~'
THE EFFORT AI \^,liV~' f.1l...,..~~~
i '-TV DF DElAAYBER[H
L__.,AY BEACH
I I 0 I I f'I '"
b1td
All. America City
'It",
1993
2001
~~.
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
Sf'? 0 8 20D4
REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab
Aruma1 Contract - 2nd Year Renewal
Dear Mr. Czajkowski;
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 forv:ard to mv attention. an updated certifica~e of.insurance. naming the City .')fDelray 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.
acerelYI1~
p~adal' Buyer
cc: Joseph Saffor~an6e Director
Dan Beatty, Dep. Director of Public Utilities
Scott Solomon, Manager Water/Sewer
"
THE EFFORT ALWAYS MATTERS
.)I~' DF DElRAY BEAtH
"
D\.,(BEACH
~
An-America City
, , , 'I! Gary Czajkows~
Chaz Equipment Co. Inc.
3380 Fairlane Farm Road, #16
Wellington, FL. 33414
100 N.W. 1 sl AVENUE. DELRAY BEACH, FLORIDA 33444 .561/243-7000
July 14, 2004
1993
2001
JUL L 6 Zuu't
REF: Bid #2002-37 Sanitary Sewer Manhole Interior
" Rehab - Annual Contract
2nd Y~ar Renewal
t ~ I' _.. ~
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, arid pric'es, four (4) consecutive term(s) of one; (1) year(s)
subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the
best interest ofthe 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.
.....
Si~c~relY, -, -; f /'
,-r- I ;~/~ .)
",--,',LJ /1/1 ;' , ,I/./ /J/ ----
. Patsy. adal, Buyer
ee to the one (1) year extension of the subject Bid ~ac1<age.
~e one (l) year extension of the subject Bid Package.
7 /J7 /6i
Date /
&J kQusk,
"
cc:
TI-li= F i=i=()RT ALWAYS MATTERS
JUl 2 5 2003-
~Nllf'~;;1~ D~ DElRRY ER[H
t~ ~.~ ~
k.-~' .;~. f . ,'. B
I
L ,YBEACH
~
AII.America City
lIlt'!
,:~; ~, f'j '/;' 1 ~~ <\-\J:::>;:,)::
"
~,::Lf:~, 3::/I.CY FLORiDA 33JjJ
561 '243-7000
July 18, 2003
Il){J.'\
~Il() I
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3;380 Fairlane Farms Road, #16
Wellington., Florida 33414
RE: Bid #2002-37
Sanitary Sewer Manhole Interior
Rehab - Annual Contract
Dear Mr. Czajkowksi;
Our City Manager, on July 13, 2003, approved the one year renewal with your company for the
annual contract for Sanitary Sewer Manhole Interior Rehab.
~ Term of the contract will be from October 01, 2003 to ~ptember 30,2004. Items will be ordered
via individual purchase orders and/or blanket order releases on an "as needed" basis for the
contract term.
.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 service and interest in the City of Delray Beach. If
you have any questions, you may contact me at (561) 243-7163.
Sincerely,
~R~
J a~klyn RC:Oney
Purchasing Manager
cc: Joseph Safford,~e Director
Dan Beatty, Deputy Director Public Utilities
Richard Hasko, Director of Environmental Services
\
Scott Solomon, Water & Sewer Network Manager
(~) .C~:'-:{=-'_~ cr: Q<:!c/r;.'ed .Pap21
Tf-:E EFFoCn AI_Wi'.YS MATTERS
'.1 0 1 "fl1 . ~JIJJ 0 1 ZlJ03 .
[I~ DF DELARY BERtH
Y BEACH
. t " ..
.~ r:~(:=;;..~:;~.~::
5~1 2"'::;.7CG'J
U1td
AII.America City
l'llJ'
June 25, 2003
Il n J ~
2/:1 i I
Gary Czajkowski, President
Chaz EquipmentCo. Inc.
3380 Fairlane Farms Road, #l6
Wellington, Florida 33414
REF: Bid #2002-37 - Sanitary Sewer Manhole Interior
Rehab - Annual Contract
151 Year Renewal
.. .';.~., '.,..
Dear Mr. Czajkowski;
The annual contract for the above referenced Bid expires on SeptemBer 30, 2003. 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 prices for four (4) consecutive tenus of one (1) year subject to vendor(s)
acceptance, satisfactory performance and determination tbat rene\val 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,
~.JJy 7Y. (/U~
J acklyn Rooney
Purchasing Manager
I
I
I
I hereby agree to t~e one (1) year extension of the subject Bid
_ I am unable to provide a one (I) year extension of the subject Bid
7L~~
Date' /
~
.'/~
7~tu/1
(j;Qfy
Name (print)/
cc: Joseph safford~e Director
GAJIrM(f:j,,'
....~~\
I -:- F:. := .-, = - A 1_ ,/"- '.':, ~,1.:. '. ',' i::: :.:
~ITY .DF DElRY BEACH
uElRAY BEACH
~
AII.America City
1 , II J "
1 00 N W. 1 s t A II E ~IIJ E
DELR.i\Y BEACH, FLORIDA 33444 561/243-7000
October 24, 2002
1993
2001
Gary Czajkowski, President
Chaz Equipment Co. Inc.
3380 Fairlane t~rms Rpad~ #16
W ellingto~, Florida 33414
--~~j
PD~GD7 5ctd
1 b / I I 0:] - q (~o! 0 ?J
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
Beacl-,. If you have any questions, you may contact me at (561) 243-7163.
Sincerely, ~
~ 7)C~
Jatk'lyn Roo~ey ..'
Purchasing Supervisor
Attachment
cc: Joseph Safford, Finance Director
C. Danvers Beatty, P.E., Deputy Director of Public Utilities
Richard C. Hasko, P.E., Director of Environii1ental Services
Scott Solomon, Water & Sewer Network Ma~ager
~ p,..,,..,,,,~~... ~.,..._....I..-4 D........,
THE EFfORT AL'v'I.::"YS MATTERS
}'
I,
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
P.:.!:!l. 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 apart of this bid and by refererwe 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, Deln3Y Beach, Florida 33444, Outside of envelope shall plainly
identify bid by: ~ID NUMB~R, TITY:; AND DATE ,OF BID OPENING. It is the so~e responsibility of the b,idder
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'with'the '
ensuing conditions and specific~tions shall be reason for termination of contract.
CITY'S ACCEPTANCE: Unle~s 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
Condi'tions.
ENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
1. SUBMISSION AND RECEIPT OF 8ms:
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 this 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 shall 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 al,Jthority
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 for bidders' information only and wiH 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 first 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 less than 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 7egotiate for a new contract on the open market.
D. The City reserves the right to purchase items on state contract if such items can be obtained
on the same terms, conditions, specifications and in the best interest of the City.
E. Biddetsmay 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.
) (
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, BRANd NAMES:
B.
If and whenever in the specifications abrand 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 mate~ials used for the manufacture or construction of any supplies, materials, orequipment covered
by this bid shall be new. The items bid must be new, the latest model. of the best quality;'ciilO ':'ifg1"lesl
grade workmanship. '
7. SAMPLES: .
Samplesj 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 b.id award be returned at bidder's expense.
8. ACCEPTANCE:
The material delivere~ 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 .other sources and hold the bidder or contractor responsible for any excess costs
occasioned or incurred thereby.
10.
,
COPYRIGHTS OR PATENl 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.
'2. MANUFACTURER'S CERTIFICATION:
The City of Delray Beach reserves the right to request from bidders separate marfufacturer 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~JTS:
A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a
result of bid award, the City,.)Nill waIve the cost for permits. Contractor shall pay for permits for
all bther work. - " ;, .
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:""
A. For purposes of 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 wi\! be
assumed that the product or service fully complies with our specifications.
B. Any omissions of detail specifications stated herein that would render the material/service from
use as specified will not relieve the bidder from responsibility.
16. AWARD OF CONTRACT:
The City of Delray Beach r~serves the 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
infonnalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the
right to disregard all ,non-conforming, non-responsive, unbalanced 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 pUrGhase in the best interest of the City. Discrepancies in the multiplication of u nits 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 correct 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 BID:
If you do not bid, return'Statement of No Bid Form" and state reason. Otherwjs~, 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 jnte.r~st_ of the City.
21. ANTI-COLLUSION:
A. Bidder certifies thatthis hid is made without prior understanding, agreelr;er1. (\~ ,_;;:;:u;.~ctior.,
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 prevision 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
di$close 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 (1 O) or more in the bidder's firm or any of
it's branches.
23. NON-DISCRIMINATION:
The Bidder shall not disc~'minate 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 ~hall include but not be limited to the following: employment, upgrading, demotion,
or transfer; recruitme.nt 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 'not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor,
or consultant under contract with any public entity, and may not transact business with any public
entity .
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 calied CITY) and
. Chaz Equipment Co. Inc. (hereinafter called CONTRACTOR).
WlTNESS-ETH:
The CLTY and the CONTRAcTOR in consideration of the mutual covenants
.-- -.. ,. .' j;-- .....
hereinafter set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined ali Contract documents, and will perform the. contractual requirements pursuant
'1:0 all covenants and conditions.
, ,
2. The CONTRACTOR. as evidenced by the execution of this contract,
acknowledges that it has examined the physical 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 \;>etween the CITY and the CONTRACTOR include the foliowing
/
documents which are attached hereto and incorporated herein by reference of the following:
PAGE NUMBERS
1 - 6
7 - 11
12
13
14
15
16
17 - 24
25 - 26
27
CONTRACT DOCUMENTS
. I nvitation to Bid
Standard Form of Agreement
Corporate Acknowledgment
Certificate
I nsurance Requirements
Sample Insurance Form
Drug Free Work Place Certification
Specifications
Proposal (Schedule of Pricing)
Bid Signature Page
)NTRACT DOCUMENTS (cont'd)
statement of No Bid
References'
PAGE NUMBERS
28
29
Addenda numbers n/a to
n l;:j ,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 laws of the State of Florida as Now
/ ~" . ,:.....
and hereafter in force. The venue for actions arising out of this agreemer,:'.shalk',e 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 Equipment Co. Inc.
3380 Fairlane Farms Road. #16
Wellington, Florida 33414
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 himself, his partners,
successors, assigns and lega\ representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the contract documents.
9. In consideration of ten doliars ($10.00) and other valuable consideration, the
CONTRACTOR shali defend, indemhify and save harmless the CITY, it~ officers, agents
and employees, from or on account of any liabilities, damages, losses and costs received or
sustained by any person or persons by or in consequence of any negligence (excluding the
sole negligence of the CiTY), recklessness or intentional wrongful misconduct of the
CONTRACTOR and any persons employed or utilized by the. CONTRACTOR in the'
peliormance of this Project. CONTRACTOR ag;~es that negligent, reckless Or intentional
. wrongful h1 iscorid oct inctcrdEis, '5 at . i s not limiledto ,u se of.a ny. hn p f0ger . ""a"",''''I>'. ..0 r
liabilities, damages, losses or costs caused by or on account of the use of any improper
materials. CONTRACTOR agrees. that negligent, reckless or intentional wrongful
misconduct also indudes but is not limited to the violation of "ny Federal, State, County or
. I
City .Iaws, by-laws, ordirjances or reg ulations by the CONTRACTOR, his subcontractors,
. . , .
agents. servants or employees. CONTRACTOR further agrees to defend, indemnify and
s"ve h"rrnless the CITY from "Ii such claims and fees, "nd from any and all suits and
"ctions of every 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 /16rought against the CITY for the infringement of any and ali
patents or patent rights claimed by any person, firm, or corporation.
The indemnification provided above shall oblig"te the CONTRACTOR to defend "t
his own expense or to provide for such defense, at the CITY'S option, any and all cl"ims or
liability and ali suits and actions of every name and description that may be brought "gainst
the CITY which may resuit from the operations and activities under this Contrad whether
the construction operations be peliormed by the CONTRACTOR, his subcontractor or by
"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 consideration for the indemnification provision.
10. This Agreement shall be consider~d "null and void unless signed by both the
, CONTRACTOR andthe.CITY., ,;:"
~ '.
,r: .
11. The, contract documents constitute the entire agreement betvveen the CITY
and the CONTRACTOR and may only be altered, amended or repealed by a duly executed
written instrument.
"
10
I
1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
A TrEST:
.~.
. .' " . " .., ..
City Clerk '
CITY OF DELRAY BEACH, FLORIDA
"--..-'.'
~-.
, <- ',-
-By: 0~,~J~.~. --....J:?r. - ",.
David W.Schmidt, Mayor
Approved as to form:
< 0'1
,,"City Attorney
~.
W'Tffi h(jf7 ikn~L~
-f'rr~ QJ4 ~{\f- ~#ti17k1
(Print or type name and title) /
CONTRACTOR:
BY:
,..---
Gf\etj C~Pr.:Wrv~
(Print or type name and title)
(SEAL)
II
CORPORATE ACKNOWLEDGMENT
STATE OF
.&)efOregOin::s::u~::~was aCkno:led~edb~fore me this ~ DV da~ of
(1/-r. , 20 O~ ,by kRi21+Gfr.:WO I~I.. ,name or
officer oragent, title of officer or agent), of ~l ce:i 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
(type of i~tifi~/~9on) as identification.
~~ ~/~ 'A
,V" , 'A t/,. 0-
S' nature of Person)Ta n
Acknowledgment
~u0el\e .QsPJe~
Name of Acknowledger Typed,
Printed or Stamped
...~fj;z.... t>.lPL.EHE. I\. NSaEY
~A1','>j:<
f..;. ;.\ MY C().(MISSICtU cc 9J+425
~'. ..j EXPII!;ES: Januar{ 23, 2004
v.?;Ri.:r..~." Bo<Ood TIuII H<>lalY PLble UndelWrUn
12
CERTIFICATE
(If Corporation)
STATE OF FLYtR1DA )
~ _r./r' ) SS
COUNTY OF . r(\ ~{A ) ""~ 0"
" ) , .
~A~2 ,C ERTrFY.11i~~ a;~:~~~~O~f ~~~;;~~:d I~:~i~~~~~$~t~rh['~ .~ \.tflerU-~
~ oe..'V~ (Qr 10 I 20 o '#he following resolution
was duly passed and adop
"RESOLVED", th t .:.\ i. as '~e9 '
President of the corporatio I he/she is hereby authorized to execute the Agr~ement
~ated ,20_, between the City of Delray Beach, Florida and this
0rporation, and that his execution thereof, attested by the Secretary of the Corporation and
with corporate seal affixed, shall be the official act and deed ofthis corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this 10 day of(DC?:r 1200G-
m h{]t~ik~ iLL
~ry) l .' .'
(Seal) .
! '_ u
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 limif bf$1 00,000 each accident.
2~ . e"Omprehensive"GeRe:ral.UabUitv.,,'" c.overage must b~", afforded on a form nn more
restrictive than the latest edition of the Comprehensi~eG'enera( Liability ~of,cyiTj~h
by the Insurance Services 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) No ex?lusion for Underground, Explosion or Collapse hazards.
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 $300,000 per occurrence combined single limit for Bodily
I njury Liability and Property Damage Liability.
b) Owned Vehicles.
c) Hired and Non-Owned Vehicles.
d) Employer Non-Ownership.
3. Certificate of Ins<Jrance - Certificates of all insurance evidencing the insurance
coverage specified in the previous Insurance Administrator prior to commencement
of work. The required certificates of insurance shall not orily name the tvpes of
policies provided, but shall also refer specificallv to this bid and section and the above
paraqraphs in accordance with which such insurance.is beinq furnIshed. and shall
state that such insurance is required by such paraqraphs of this contract. The
successful bidder will include the City of Delray Beach as additidnaJ insured. If the
initial insurance e'xpires prior to the completion of the work, renewal certificates shall
be furnished thirty (30) days prior to the date of expiration. Also, under the
Cancellation section of the Insurance Certification the words "endeavor to" and "but
failure to mail such notice shall impose no obligation or liability of any kind upon the
company, its agents or representative" shall be crossed out as indicated on the
attached "Sample of Insurance Certificate".
, A
5612437156 CITY OF DELRAY BEAa-I
870 P2S
DC:C 2~. '.00 H~: 23
GOOD INSURANCE, I~C.,
P.O. 1l0X 1.-1
BEST CITY, USA 00000
IDLLWG \.TORKERS hS SOC.
ABC DRIVE
ANYTOWN. USA 00001
lSSC/'i: '(l,I.,JE ~..
:'. '". '.' :?~: ':~}
THIS cerrrAi::ATE IS tSsUCo ~). Ll)' iTER OF tNF<lfW.n6N' oo\"Y AHa CONF1;RS"
tlO ~lClHTS lJl"OH THe. ~RT1FlC.l. TE. HOWER. TH tS CERT /flCJ. TE DOES ttO T kI.lEH 0
exTO\D Of! ^L TER iHe CO'{ER).Oe. JJ'1'ORO"..D BY THE I'OU01;S \'laOW. '
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COMPANIES AFFORDING COVERAGE
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tHIS IS TO camrY THAT I"OUC lES Of' JHSUAAI'(C:l!. USTEti BaOYo' HA~ UEHISSlJED TO THE IH$URSO WJ.IEIl .a.&OVl!. FOIl. THE POUCY PEAlOO IN OicA'rEO .
HOTWrT'HST AXOlHO AI('( ~()UlIl1!101EHT, ~ OR COHOmOli or- 1.1-1'1' COtf'i:MCT Of! ~0Tl-Iefl DQCl.)t.lEH'T wm; Rf.SJ>E<:T TO WHICH T1-U$ CERT!F1f.'A rr.' IoU Y .. '.'
Be 'ISSUED- OR,J,tk't' PERT ....IHr'Fj ':E~J.,FFOftOEO .gY.!!"rl€. 'POUO~81i Q.I-lfJIElH ~tl.JOC1"rO.J."<I.' JfKE 'TEl'lW>; .EXo-lJ~;!C';;~''ff.hl(...jn')HO~ . ..... ,.'
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OESCFIl?TlON Of opeAATlOHSILCCA.~ IlEUS
THIS IR~GL .APl'LI:AJ3LE 'IO (state p:roject)
*CITY OF' DEL:RAY BUG 1 IS .!DD1TIONAL lNSURED
. .
. . .
..
CIn OF DEI..:RAY 'BEAC!i
434 s. SWINTON AVElDE
,DELRA.'Y. BueH~ nORD!. 33444
,... .'
SHQ{./I.O }.,J-N OF WE ~ ~ POlJO:ES tIE ~ aa=oR.E TIiE EX-
PIM TtQI;I 0"' TE THVlEOF, THE. ISS~llflQ COIoolPAlr'l'. WilL ~ 'I 'HI: 1fK
~.:lU DAYS .'IIi1\m1i)lI+Ona: TO ~ ~n HO'.l>ER HAlolED TO jHl;
LffT.~~"=-I(~.aJ>f (.~"I ~~~~:!~Jt~6nT(
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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:
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 pro~~s~. Established procedures for processing tie
bids will be followed if none of the tied vendors have a drug-free workplace program.
.1)-,_... l'
" .~"','~...".-. -,'". .;.'r-.' '~,"j,,,~~,...,. ,,' d' ~ oJ, '. _ . "
As the person authorized '10- sfgn "this statert:e'lI~:1 certIfy that this,f:ir:r.r),.comp~cr;;Jull:.t.wjth t.he
following requirements:
,,; . "'-" ~.
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 wil! be taken against employees for violations of
such prohibition.
2) This firm informs employees about the dangers of drug abuse in the workplace, the
business's policy oy 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 bida copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), this firm notifies the employees that, as a
cond::ion 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 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/.Jiolation 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 effort to maintain drug-free workplace through
implementation of this section.
~
_ Af\Z f~tJ~A\\~+ (On :G\t.
Contractor's Name
CZn~t-;
, c
CITY OF DELRAY Bi::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~, materiais;'equipment and appliances necessary for sanitary
sewer manhol~ interior rehabilitation for .the purpose of eliminating infiltration and inflow, providing
,.oorr-os'ior:lprotection... r~pair,;.QLC;:f~f(ts al"\d y()id~ .~~d res.toration. of the stru~tural Integrity. of , th.~
manhole as. a result of the application of a monohth\c -fiber_rejhftirced'sth:itturaT!Structum:~j'~rrl'ta!'iced
pure calcium aluminatecementitious liner to the wall,ceiling and bench surfacesof 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 documentati.on 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.
. ,
1.03 QUALITY ASSURANCE
A. Use, mix, apply and cure all products in accordance with the manufacturer's recommendations and
instructions.
B. Provid.e 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
B. Infiltration Control Mix:
ASTM C-109
'ASTM C-596
ASTM C-321
Sulfate resistant
105 + 5 pcf
6 hr 1,400 psi
0% at 90% R.H.
28 day 150 psi
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.aQd.low p.c\'!~~~r~.~pr~~AJ!plle.dto form the $tructuraVEjtructurally enhanced monolithic
cementUious liner covering all interiorm'anhole s'urTaces.' rJr'@'ri':i:llerialto'::nE:' ~a;-"t::-;;c
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 Stfength
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
12 hr > 1,000 psi
28 day> 1,400 psi
o percent at 95% R.H.
Material shall be a modified cementitious bonding compound that prol.f;cts exposed reinforcement
steel and enhances bond of overlay to substrate.
F. Water:
Water shall be clean and potable,
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) wQter 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
1\ E.
F.
G.
H.
l.
Active hydrostatic leaks (infiltration) shall be stopped using the rapid-setting specially formulated
infiltration control mix. ,~
Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid-setting grou.ting
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.
~..J.:...... r.-'~
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 commencing the repair.
prejJare,clean;and repairman~01e-'bench<:l6.andinverts in the s.am~r:n.?n.Q~r..~.!? 'pr~,<;yrip.~c!~?:t:i"f~:.,
~.~.Ji-... _:,,_.. '.'., .~.
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.
B. Liner application shall be 0.5 inch minimum thickness. The application shall be completed with a
minimum of wo coats. The first coat shall be applied at a thickness adequateto 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 inchminimum 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 materials, equipment and appliances
from the manholes prior to reinstatement of the manholes to service.
PART 4: MEASUREMENT AND PAYMENT
,
4.01 MANHOLE INTERIOR L1NINb
i
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,
-<.- ,'.;
""
\:
It IV: Contract Information/Requirements:
MINIMUM QUALIFICATIONS AND INSTALLER REQUIREMENTS
"
The installer shall have been engaged jn the installation of Manhole and Lift Station System RehabHitation
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 the bid a list of Twenty five (25) refere.nees, 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 installation~ Within the previous Three (3) years. A contact
person and telephone number must be provided for each.
.;c?orall. v'Jorl< performed ,under {;h.ts. contract, th8 succes~ful Contractor shall provide a competent job-site
supervisor and any necessary assistants, all approved bY "fhe'Wasfe Water Departmento'tDairay t-":dGh. ":1e '
job-site supervisor shall be present at alt times while work is in progress. The job-site supervisor shall
represent the Contractor at alt times while all directions given him shall be binding as per the contract
documents. The job-site supervisor shalt 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
lis Contract will commence an 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 annu"al 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 will be 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 u:~ termination of the contract term, ttien 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
<,
.,
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 the City. The City will establish an annual renewable
contract for these services with the successful bidders as described in the Bid Specifications pages 17
through 24.
The unit prices stated in the Proposal Bid Form include all costs and expenses for taxes, labor,
equipment, materials, commissions, transportation.ptl.arges 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
~Paymei'l4:f.oran ,ilematthe4P.ri~,e, d$hO\~{[1,jn th~ ProposalBid Form shall be in accordance with its
description of'the item in this Section and as related to the work 'specified. 'Unit, priceswi:': b", , ,: :::':.:-rj, ~':.I
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
projectreflects 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 will 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 MOBILIZATION/DEMOBILIZATION
The mobilizatior1ldemobilization cost is applied if a work order has less than 10 sewer
manholes or less than 750 square feet (SF) of-wall to be rehabilitated for the work order, this
cost item shall be included for payment to the Contractor for the additional
l
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
reha bilitated.
,.
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 man hole, 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 eql,!,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
.:;. Cont~a'Uor};wmbe'paid'for"tli'rdeta separate item. ~ '" ......-.."'.. . .~.. .".,,~,. '-
. '~:~.. ..~- .'
CEMENTITIOUSlINING OF LIFT STATION/WET 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 provide 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 one4me charge for all bypass pumping setup operations during a given lining
installation, in'cluding 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.
P lugging 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. cl
5. FURNISH NEW MANHOLE RING AND COVER
This pay item provides complete compensation 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 a complet~ bench and flow channel, as required per the City's
minimum standards.
7. INSTALLATION OF CHIMNEYSEALS
This pay item provides complete compensation for fumishing all labor, equipment and material
required to install manhole chimney seals.
b. RE:"INS"rALL PUM'FBASES -"" .,'.-
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 !NTERIOR PVC DROPS
These pay items provide complete compensation for furnishing all labor, equipment and
material required to install interior 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 valves and
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 comply with City of Delray Beach minimum standards.
24
ITEM
MANHOLE/LIFT STATION REHABILITATION
BY CEMENTlTIOUS LINING
SCHEDULE OF PRICING
BID FORM
,~
1.) MobilizationlDemobilization
2.)
3.)
4.)
5.)
6.)
7.)
a. Mobilization/Demobilization if less than
10 manholes or less than 750 SF per job work order
(\, Co ,CD
Ci\ (;3 each
8. ~D . eo per vertical foot
, '~
lID · per vertical foot
30r'J...~
--i ~ per vertical foot
alo 1. m '>per ve~t.::"'>',>~.;
(O,ct>
.J2 per square foot
Cementitious lining of Brick Manhole - 48" Diameter
Cementitious lining of pre-cast Manhole - 48" Diameter
Cementitious ling Qf Brick Manhole - 60' Diameter
J.: ...1'..... ....... "c""" . .
Cementitious'lining of Pre -cast Manhole -' 60' Diarrieter'
Lift Station Surface Rehabilitation by Cementitious Lining
8.)
9.)
10.)
11.)
12.)
13.)
Sewer By-Pass
By-Pass Pump Setup with Bypass Pumping
Ci)
a. Bypass S" Sewer Setup ~N3'J each
b. Bypass 10" to ~ 2" ;~wer Setup ~CCO.CZ) each
, 5cco. CV
c. Bypass 15" to 18" SewerSetup each
Cb
d. Bypass 24" Sewer Setup r;OW- each
lZI'
e. Bypass 4" Pump ISo' per day
8co. 6b
f. Bypass 6" Pump per day
9~D' c;o
g. Bypass 8" Pump per day
..300 ' CO
h. Bypass 10" Pump per day
.O:J
Adjust Existing Manhole Ca~ing within Asphalt Pavement 1700' each
/ ODO' It>
Adjust Existing Manhole Casting within Green Area each
600- r;{)
FUf!lish New Ring and Gover each
eo
Re-Construct Manhole Bench and Flow Channel 600. each
!!:/XJ . tl)
Furnish and Install Manhole Chimney Seal each
600. ;:0
Re-lnstall Existing Pump base 4" each
6" S~DI 6f) each
8" IPSo' (j)
each
25'
200' tb
14.) Furnish and Install 6" PVC Interior Drop 2' to 4' each
_5 C1J I CD
4' to 6' each
(000' tb
6' to 8' each
15.) Furnish and Install 8" PVC Interior Drop 2' to 4' 400 ,CD each
4' to 6' (000 r tb each
100' (:b
6' to 8' each
lOCO' N)
16.) Re-construct lift Station Fillet 6' Diameter each
I~OO' I5D
8' Diameter each
1300' C5b
10' Diameter each
1 C5b
17.) Removal of E;xisting Coating _",-or" ., , _ per "'1; I ",r" fr ;;,.t
".. . i
18.) Remove and Replace Existing Piping and
Valves, within Existing Submersible Lift I Lf ((0' (J)
Station through Existing Valve Vault 4" each
. Cb
6" 1(.0 ,OW, eacfi
1<6,[)CD' ~
8" each
.
,
26
i ~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~CAA7 ..&.v:,rrX\en.tr.Qc' ~(" '. ~DATE:'~T'?L,'d,Jy 8::
. . ~ , ....-:::' '. " ,".., ~." .
NAMElTITLE: br l{ls b.A:1Yol''J';O,\6 /~.e.b.dert
ADDRESS: 3 ?,W <j.01~H-\(l, ,Ii'. ~ r rY\ S (2of1;-c\, I 1..0
.JITYL\ ~~\ \\ (\r~)(j" ,
STATE~ ZIP CODE ~3LlI 4--
FEDERAL TAX 1.0. #: IDS; - on[{)~(nS Lt
TELEPHONE: ( $ L 0 I
J ~~3- ~loq
*S/GNA TURE
3~~ - Q.l 'b 0 .
FA CS/MILE (
,--
bft~ c'7f\~\
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME: Gf'.9 ~
-
TELEPHONE: ( ~LD \
~7J1::riou 'J?7 ~
) ~~3 -Q,lOCJ
27
STATEMENT OF NO BID
Bid # 2002-37 Sanitary Sewer Manhole Interior Rehabilitation
If you 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 o[vendor's name from the qualified bidder's list for the City
of Del ray Beach.
COMPANY NAME:
,A P D I.<-]::S S :
TELEPHONE: ( )
SIGNATURE:
DATE:
Minority Owned Business:
/ ) Black () Hispanic
( .) Woman
~ . I
( ) Other
(Specify)
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
_Unable to meet bond requirements
_We do not offer this product
or an equivalent
_Specifications unclear (explain below)
_Other (specify below)
REMARKS:
28
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM C.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
D April 17, 2007 April 2, 2007 (Noon.) D June ]9,2007 June 4, 2007 (Noon)
D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon)
"
r8J May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon)
NATURE OF
AGENDA ITEM
D Announcements/Presentations D City Manager's Report
D Administrative D New Business "::1
.. -l
~ Consent Agenda D Legal ~'"
-'0
D Code Compliance & Legal Settlements D Unfinished Business :::-0
.J
(..)
D Public Hearing D 0 ; ~.. .'
-
2~
RECOMMENDATION:
9? CD
...- fTI
Motion to approve and authorize the execution of a Resolution for Amendment No. 2 i9 T~{e;
Order U-04-18-2, Stanley Consultants, Inc. in the amount of $49,858. Amendment No.2 provideS::
for completion of the conversion of existing utility base maps to a new AutoCAD standard,
conversion of contractor submittals to the AutoCAD standard, and responding to comments as the
AutoCAD standard is incorporated into the City's workflow.
EXPLANA TION:
Stanley Consultants is assisting the City with an update of the AutoCAD maps for the entire water
distribution, wastewater collection and pumping, stormwater, and reuse systems. As part of the
process, a new AutoCAD standard has been developed. The standard covers file structure, layer
naming, attributes, symbology, line styles, text styles, and dimension styles. Utility data is stored
on continuous drawings that cover the entire service area. In addition, the AutoCAD standard
allows for conversion to GIS for use by other City departments, while maintaining utility data in a
CAD format.
Task OrderU-04-18-2, approved by City Commission on September 6,2005, included services for
development of an AutoCAD standard, work flow process, conversion of the base maps, and
training. At the direction of the Utilities Department, the conversion process to date was applied
to four new development projects: NE 17th Avenue, Surf Road Area, Canterbury Townhomes, and
Quantum Park Townhomes. This effort provided valuable information on the amount of time
required to convert existing drawings and data to the new AutoCAD standard.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
Amendment No.2 to Task Order U-04-18-2 will provide the following professional services:
. Complete conversion of existing utility base maps to the new AutoCAD standard.
Remaining work includes cleaning data and recording attributes for 21 remaining tiles of
the water utility base maps.
. Convert contractor submittals to the AutoCAD standard. Each submittal varies, but
anticipated work includes adjusting coordinates to the standard coordinate system;
separating water, storm, sanitary, and reuse utilities; moving data to the standard layers;
recording attribute data; and placing standard symbols for valves, fittings, etc. Once the
data meets standard, it will be merged into the utility base maps. Additional data
(topography, streets, edge-of-pavement, sidewalks, right-of-way, landscaping, building
outlines, etc.) will be merged into the utility base map background tiles without adjusting
layers, symbols, or attributes.
. Respond to questions and comments regarding the AutoCAD standard. The City intends
to utilize the standard on current and future engineering projects by other consultants.
Anticipated work includes answering questions, working with the City to decide whether
changes to the standard are appropriate, and making revisions to the AutoCAD standard
document and template files.
. Submit updated base maps in electronic AutoCAD Map 2006 format and revised AutoCAD
Standard documents within five (5) months from receipt of Notice to Proceed.
FISCAL IMPACT:
Funds are available in Utilities' accounts #404-5000-590-96-01 WTR098 and #403-5000-590-96-10
WTR130.
COMMISSION I I
TASK ORDER APPROVED ACCOUNT NUMBER i AMOUNT -1
Task Order U-04- September 6, 2005 404-5000-590-96-01 WTR098
18-2 403-5000-590-96-10 WTR130 $96,637.00 ~
404-5000-590-96-01 WTR098
Amendment No.1 October 3, 2006 403-5000-590-96-10 WTR130 $49,857.00_1
Amendment No.2 Proposed Approval 404-5000-590-96-01 WTR098 $49,858.00
May 15,2007 403-5000-590-96-10 WTR130 I
TOTAL $196,352.00 I
S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES:
The only alternative would be to cancel the current project and postpone the completion of the
conversion of the utility base maps. Utilities staff recommends approving Amendment No.2 to
meet the ever increasing need for detailed information on the existing utility systems. This
information will be used extensively by our staff and will provide vital information for design and
construction projects throughout the service area.
Utilities Department
Department Name
~~
urt Bressner~
Manager
~
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-\l_ ..~ ~ \L~
Kofi Boateng,
Utilities Director
\.+\ "2.. ~ \~":l-
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Attachment: Three (3) Original Task Order Amendments
be: Kofi Boateng, Utilities Director,
Peter Mazzella, Deputy Utilities Director ,hY'
Michael Low, Deputy Utilities Director
Christopher Roschek, Manager, Engineering Division
Barb Conboy, Manager, Utilities AdministrationlFinance
Procurement Services
File
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF
5 AMENDMENT NO.2 TO TASK ORDER NO. U-04-18-2
6 IN THE AMOUNT OF 49,858.00 TO ST ANLEY
7 CONSULTANTS, INC., PROVIDING FOR THE
8 COMPLETION OF THE CONVERSION OF EXISTING
9 UTILITY BASE MAPS TO A NEW AUTOCAD
10 STANDARD; AND PROVIDING AN EFFECTIVE DATE.
11
12
13
14 WHEREAS, Task Order U-04-18-2 was approved by the City Commission on
15 September 6, 2005, which included services for development of an AutoCAD standard. work
16 flow process, conversion of the base maps and training; and
17 WHEREAS, Amendment No. 1 to Task Order U-04-18-2 was approved by the City
18 Commission on October 3, 2006; and
19 WHEREAS, the AutoCAD standard allows for conversion to GIS for use by other
20 City departments, while maintaining utility data in a CAD format; and
21 WHEREAS, the City Commission of the City of Boynton Beach upon
221 recommendation of staff, deems it to be in the best interest of the citizens of the City of
23 Boynton Beach to authorize execution of Amendment No.2 to Task Order U04-18-2 in the
24 amount of $49,858.00 to Stanley Consultants.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1,
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
S:ICAIRESOlAgreementslTask -Change OrderslSlanley - Amnd No 2 10 Task Order U04-18-2.doc
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the approval and execution of Amendment No. 2 to Task Order
3 U04-18-2 in the amount of$49,858.00 to Stanley Consultants, providing for the completion of
4 the conversion of existing utility base maps to a new AutoCAD standard.
Section 3.
This Resolution shall become effective immediately upon passage.
5
6
PASSED AND ADOPTED this _ day of May, 2007.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28
29 Janet Prainito, City Clerk
30
31
32 (Corporate Seal)
33
34
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESOlAgreementsITask . Change Orders\Slanley. Amnd No 2 to Task Order U04.18.2.doc
Task Order No. U-04-18-2
City of Boynton Beach Base Map Conversion
Amendment 2
Stanley Consultants
April 24, 2007
Background
For the past two years, Stanley Consultants (CONSULTANT) has been assisting City of
Boynton Beach (CLIENT) with an update of their utility base maps. During this time,
CONSULT ANT developed an AutoCAD standard and conversion process and converted
sample contractor submittals to the new standard. Then, CONSULTANT began
conversion of CLIENT utility base maps to the standard.
The AutoCAD standard covers file structure, layer naming, attributes, symbology, line
styles, text styles, and dimension styles. Water, sanitary, storm, and reuse utility data is
stored on continuous drawings that cover the entire service area. Background data
(topography, streets, edge-of-pavement, sidewalks, etc.) remains in the existing tiled base
maps. The AutoCAD standard allows for conversion to GIS for use by others, while
maintaining utility data in a CAD format.
The AutoCAD standard and conversion process were applied to four sample projects
under the original work order: NE 1 ih Ave" Surf Rd. Area, Canterbury, and Quantum
Park Townhomes. This effort provided valuable information on the amount of time
required to convert data to the new standard.
The conversion process was applied to the existing base maps under Amendment 1 to this
work order. Sanitary, storm, and water utility data in the utility base maps were
converted to the AutoCAD standard. Conversion of reuse utility data was not required
because the utility is relatively new and base map data does not exist. Due to complexity
in the water utility data, additional time is required to complete the conversion.
Objective
The objective ofthis work is to convert contractor submittals to the AutoCAD standard
and incorporate them into the base map. Additional time is also provided to respond to
I
comments as the AutoCAD standard is incorporated in the City's workflow and td
complete the conversion of CLIENT utility base maps from their existing format to the
new standard (AutoCAD Map).
Scope of Work
CONSULTANT shall convert contractor submittals to the AutoCAD standard. Each
submittal varies, but anticipated work includes adjusting coordinates to the standard
coordinate system; separating water, storm, sanitary, and reuse utilities; moving data to
City of Boynton Beach WO#2 - Base Map Conversion Amendment 2
Page I of3
the standard layers; recording attribute data; and placing standard symbols for valves,
fittings, etc. Once the data meets standard, it will be merged into the utility base maps.
Additional data (topography, streets, edge-of-pavement, sidewalks, right-of-way, landscaping,
building outlines, etc.) will be merged into the utility base map background tiles without adjusting
layers, symbols, or attributes.
CONSULTANT shall respond to questions and comments regarding the AutoCAD
Standard. CLIENT intends to utilize the standard on future engineering projects by other
consultants. Anticipated work includes answering questions from CLIENT, working
with CLIENT to decide whether changes to the standard are appropriate, and making
revisions to the AutoCAD standard document and template files.
CONSULTANT shall complete conversion of existing utility base maps to the new
standard. Remaining work includes cleaning data and recording attributes for 21
remaining tiles of the water utility base maps.
Monthly progress meetings shall be held at CONSULT ANT office to review progress.
Deliverables:
1. Four (4) AutoCAD Map 2006 dwg files. These files represent the four utilities
(water, sanitary, storm, reuse) with the completed contractor submittals merged
into the files.
2. Revised AutoCAD Standard document (Word doc and pdt) and AutoCAD
template files (dwg).
Compensation
CLIENT shall compensate CONSULTANT a maximum not to exceed amount of
$49,858.00 based on time and materials outlined in Exhibit A.
The total revised fee is summarized below:
Original Budget
Amendment 1
Amendment 2
Revised Total Fee
$96,637.00
$49,857.00
$49,858.00
$196,352.00
Duration of Services
The duration of services anticipated is five (5) months from receipt of Notice To Proceed
from CLIENT.
Additional Services
The following Additional Services are not included in Basic Services and are at
CLIENT'S option. These services, if exercised by CLIENT and agreed to by
City of Boynton Beach W0#2 - Base Map Conversion Amendment 2
Page 2 of3
CONSULTANT, shall be paid for in addition to compensation for Basic Services.
CONSULT ANT is not authorized to proceed with performance of any Additional
Services unless they are duly authorized, in writing, by CLIENT.
1. Field verification and completion of data contained in the existing base maps.
2. Converting updated AutoCAD utilities base maps into ESRI GIS format.
3. Conversion of additional data beyond the water, sanitary sewer, storm sewer, and
reuse water utilities. Additional data includes planimetrics, building outlines,
trees, streets, parking lots, back of curb, right-of-way lines, survey
monumentation, topography (elevation contours).
APPROVED BY;
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner
City Manager
Dated this
day of
,2007
SUBMITTED BY:
STANLEY CONSULT ANTS, INC
WL,J.
David w.GM
Vice President
City of Boynton Beach WO#2 - Base Map Conversion Amendment 2
Page 3 of3
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\...
VI.-CONSENT AGENDA
ITEM C.2.
Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office
D April 17,2007 April 2, 2007 (Noon.) D
D May 1,2007 April 16, 2007 (Noon) D
X May 15, 2007 April 30, 2007 (Noon) D
D June 5, 2007 May 14,2007 (Noon) D
Requested City Commission Date Final Form Must be Tumed
Meetinl! Dates in to City Clerk's Office
June 19,2007 June 4,2007 (Noon)
July 3, 2007 June 18,2007 (Noon)
July 17,2007 July 2, 2007 (Noon)
August 7, 2007 July 16,2007 (Noon)
, ~.) -.....
Code Compliance & Legal Settlements
Public Hearing
D
D
D
D
D
City Manager's Report ~'cS
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AGENDA ITEM
D
D
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Announcements/Presentations
Administrati ve
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RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the~ty
Limits with Anthony and Latonia Beltran for the property at 1029 Seagrape Rd, Lantana, FL (Hypoluxo Ridge Ada 2
Lot 52).
D
D
Legal
Unfinished Business
'--,J
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge
Grove project area. Only potable water is available for connection to the property at this time due to recent water
main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location
map).
PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service
to this parcel. No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
UTILITIES
~rnnt to City Monag"
CJw{/
City Attorney / Finance
Department Name
Attachments
XC: Peter Mazzella
File
v-
i>
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 ANTHONY AND
9 LATONIA BELTRAN; PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 1029 Seagrape Road, Lantana, Florida (Hypoluxo
15 Ridge Add 2 Lot 52); and
16 WHEREAS, the parcel covered by this agreement includes a single-family home
17 located in the San Castle/Ridge Grove project area; and
18 WHEREAS, a water distribution main has recently been completed on this street,
19 ' vicinity, allowing for the service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
29 Anthony and Latonia Beltran, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA \RESa'Agreements\Watcr Service\Beltran Water Servicc Agrccment.doc
1
2
3 PASSED AND ADOPTED this _ day of May, 2007.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
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
27 Janet M. Prainito, City Clerk
28
29
30 (Corporate Seal)
S:\CA \RESO\Agreements\Water Service\Beltran Water Service Agreement.doc
I
THIS INSTRUMENT PREPARED BY:
Jan,," :\. Cherof, Esquire
Gmnl, Cherof, Doody & Ezral, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
, THIS ('GREEMENT m e~n this ~ i!. day Of-k, \ , 200 -'L, by and between
If ~ l N,IA- ~ hereinafter called the "Customer", and the
CI Y OF OYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
WHEREAS, Customer owns real property outside ofthe 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 /. ;,i: 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 Jines shall be approved by the Director of Utilities and subject to inspection by the City
""";~";"'~"'~~;k",..."""h,,,,V,,
Engineers. The City shall have the option of either requiring the Customer to perform the work
neC';;ssary 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 ofthe 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 1 ofthis 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
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6'{)6.doc
2
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
alher agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnifY, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, 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 ofthis Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA \AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
3
'''--'''''''~'''i..",,;;,.'''P~'f' r .. .. -"1' ~- -". ,,,,,,,,,~,,-,,"-",",
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENAN~ F.OR AN. NEXA TION~BKTWEEN)TUE CITY OF BOYNTON BEACH AND
J-~'",\,,-, 'i LA- (p {\ \ (, \, \(' ~h r".v~ (INSERT NAME)
- - ~
~ WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of
n\ ,2001.
~
~ess Signa& ~ _
itn:, ,. lrt:i<>~
Printed Witness Name
~~/~
Witne Si~ure ,-
LA~.A~/G--~~
nnted Witne e
&." ness. )~aturE' _
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Printed Witness Name
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Witness ignat e .
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Printed Owner Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF
)
) ss:
)
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in th~ounty afore.s~i<.! ,to take acknowledgments, personally appeared
\'\v~"'\C)(\~* ~\OV\.\Q Dcl\fO-m~known to be the person(s) described in and who
executed the fI gomg mstrument that he/she acknowledged before me that he/she executed the
same; that the individual was personally known to me or provided the following proof of
identification: p'C~.:JOV\(A..\ \L) \?-V\D..0V\ .
WITNESS {llY hand and official seal in the County and State last aforesaid this l:;+ ~ay of
\~{~I;, \ , 200~L.
,
B Whalen ~
(Notary Seal) "'~~'PS:"'" jome:?~ OD'270551 EXPIRES
/ij>' Pi?~:~ M\' COMMISSIOI' r 30 2001
:-; : = Novembe 'NsURA\.lCf. INe.
.. 00' .~: RU l~OY fAIN I
My ComnusslOn eX: " "'/' eONDED1\'l '. '.
"1111
'~
,
~~
_ ~o~ary'Publi~.
--..- -........-.-,...-..
\ . """.\ C\
. \..J.._.J\l.as_ILC"-.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVK FOR ANNEXATION BET ,~ THE CITY OF BOYNTON BEACH AND
" ~ Lkl),.itr ~ (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
A TrEST:
City Clerk
Approved as to form:
City Attorney
ST A TE OF FLORIDA )
'\ coco'
J .....:1\",.
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and m 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
5
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Property Information
location Address: 1029 SEAGRAPE RD
1"",,,,,,~,,Vl8W;.Malt~Li..,,,..:1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-14-000-0590
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Book: 11710 Page: 900 Sale Date: Apr-2000
LegaIQ~_t;,ti2tion: HYPOLUXO RIDGE ADD 2, LT 59
Owner Information
Name: BELTRAN ANTHONY J
~"QIBers';~111
Mailing Address: 1029 SEAGRAPE RD
LAKE WORTH FL 33462 5953
Sales Information
Sales Date Book/Page
Apr-2000 H.Ll..QL090Q
Price S!Ile.TYPe Owner
$85,000 WARRANTY DEED BELTRAN ANTHONY J a. LATONIA L
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
l's~J~_Qc:te:
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2009
Description: RESIDENTIAL
* in feIIidential properties mllY indicate living .rea.
Assessed and Ta able Val es
x u
Tax Year: 2006 2005 2()()4
Assessed Value: $81,41 $79,04 $76,74 1,,~~1J
Exemption Amount: $25,00 $25,00 $25,00
Taxable Value: $56,41 $54,04 $51,74
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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Hgme I Links I GI()ss.ary I EAQ I f=Qrms. I C,on!Ci<:tl.JS II'APA
http://www.co.palm-beach.fl.uslpapalaspx/web/detail jnfo.aspx?p _ entity=0043450914000... 4/20/2007
~~b~+ -~
Structural Detail
Page I of]
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Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1
Structural Element for Building 1
1.Ext erior Wall 1 CB STUCCO
") '1l ear Bunt
3.A ir Condition Desc. HTG & AC
1978
~eat Type f()RCE[) AIR. DUCT
Subarea and Sq. Footage for Building 1
No. Code Descriptionch',
1. BAS BASE AREA 1439
6,8 ed fiooms
5.H eat Fuel ELECTRIC
7.Ful I Baths
g,H alf Baths
9.Ext erior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wali 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
Extra Feature
Description
No Extra Feature Available
2
lueB UNFINISHED
CABANA
3.
FOP FINISHED OPEN
PORCH
FGR FINISHED GARAGE
Total Square Footage: 2009
Total Area Under Air: 1439
25
N/A
GABLE! HIP
ASPH/COMP. SHG.
DRYWALL
N/A
CARPETING
N/A
1
4,
IlSi,D_ p J
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IYear Built
lunits
Detailed Land Information
Land Line # Description
1. SFR
Zoning
RM
I~nits
I:cres
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I l..irt5 I Giossary I c: AQ I F()nlls I (Ol1tjjcUJs I P['.P!I
Le) 200'; Paim Beach County Property Appraiser,
http://www.co.palm-beach.f1.us/papalaspx/web/detai 1_inf02.aspx?p _ entity=004345091400... 12/4/2006
All Owner
Page 1 of 1
AI! Owner(s)
peN Number:
00-43-45-09-14-000-0590
Owner Names
BELTRAN ANTHONY J
BELTRAN LATONIA L
http://www.co.palm-beach.f1.us/papa/aspx/web/allOwner.aspx?entity _id=00434509140000... 12/4/2006
- THISJNSTRUMENT PREPARED BY:
oi.Kries A. Cheraf, Esquire
Goren, Cherat, Doody and Ezra!. P .A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ?1t\'M.
~~,
I/We,
I ~ l-- hereinafter "Grantee"
, ,
hereby make, constitute, and ppoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition
for annexation of the real property described herein into the CITY OF BOYNTON BEACH.
This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act
on Grantee's behalf to accomplish annexation by any available means. The real property which is
the subject of this power is described as follows:
PCN No.: DO -~ i,,- ~\ - vq - It- t>"e - D~'t()
FLORIDA,
~\
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
,~
shall commence and be in full force and effect on the lo.::-- day of
,2001 and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of
, in the year 20 a]
w~. ss. SignaturG1 .
, ..~ [::;v-Yl ~
Print Name
~()~
Witness !"
~#.~L A 0~/AJ,Jm
Print Name
Print Name
STATE OF FLORIDA
)
) ss:
)
COUNTY OF PALM BEACH
_ THE FOREGOING INSTRUMENT was ackn~wledged before me this ~ ~day of
~~ \, 20Dl, by ~~--\\r-,(:)v~ bzl~o~ and
"-0..\ C) r, \ n. 'PJ k: \. ~ CL .'\ , who are known to or who have produced
\'"'--'~' \ \ ~ ~01\'(ls identifi~~!!!l~.",ho did/did not take an oath.
__ ,(\me~Ii\)1,)11~~~ 't'jSl\Rt'1l ( w~~ ~~ . \G~
~,~~J'Yv~q;,.~ ,,^'fCO~\'^':~\~~~I~\)'I'l~~~~~\I'lc. NOTARY PUBLIC b \
,"i,: '..~ \,<oJ WOif~\"\ ~ fu \ .""'" \ ~ -
~;tJ~~?-i7 ~o"Of\)l\,\~\l ", _.... ---- ~G':::;cw,:, . \..}--J \I'~ .QJ,\
1!~:rii.;;:;" Type or Pnnt Name
Commission No.
My Commission Expires:
S:\CA\AGMTS\Water Servicelpower ofatty.doc - 1-0-06
H:\1990\900 182.BB\AGMf\Power of Attomey-Ind 1-3()"{)6.doc
..
1 in. = 111.9 feet
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-MEHIONERIL._.__.._._....____.
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o
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, Railroads
. Tax Parcels 2005
LOT Labels
:: Tax Parcels 2003
LOT Labels
Tax Parcels 2002
LOT Labels
. Water Points (Manatee Bay)
. Water Valves (Manatee Bay)
Sewer Lines (Manatee Bay)
Street Centerlines
STREET Labels
Streets (Manatee Bay)
:: Utility Service Area
Water
TRSgrid
hydranCequipmentprjSf-.. "Je
Location - 1 029 Seagrape Rd
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tl
VI.-CONSENT AGENDA
ITEM C.3.
Requested Cit\ CommiSSion Date FlIlal Form Must be Turned
Meeting j)ate;; III to City Clerk's Office
0 April 17. 2007 April 2, 2007 (Noon) 0
0 May I. 2007 Apnl 16. 2007 (Noon) 0
~ May 15.2007 Apnl 30. 2007 (Noon) 0
0 June 5. 2007 May 14. 2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Clly Clerk's Office
June 19,2007
June 4. 2007 (Noon)
July 3. 2007
June 18.2007 (Noon)
:..)....,
-(
July 17.2007
July 2, 2007 (Noon)
.~
-"0
.)""j
'..J
::::>
-<
;':;J
August 7. 2007
July 16,2007 (Noon) ---l
. "
.-...,.~..... ~ ~
o
NATURE OF
AGENDA ITEM
o
o
~
o
o
A nno un cern ents/Presen tati 0 n s
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
o
o
o
o
o
City Manager's Report
New Business
Legal
Unfinished Business
=; ::::
c:"'\
":~-::.D
-P1
:::.?>
"In
RECOMMENDATION: Approve and execute, via a Resolution, the amendment of the lnterlocal Agreement
between Palm Beach County and the City for funding of construction of the replacement of the Wi lson Center,
extending the project completion date to December 31, 2007.
EXPLANATION: The lnterlocal Agreement with Palm Beach County for funding ofthe Wilson Project was
ratified in August 2004. At that time, the City agreed to complete the project by August 2007. We now expect
the project to be completed by late November 2007, As per Section 2.06 of the agreement, the City is permitted
to request an extension as long as it notifies the County at least 90 days prior to the originally anticipated date of
completion.
PROGRAM IMPACT: None. This action simply allows us to be consistent with requirements established as
part of' the Inter local Agreement.
FISCAL IMPACT: N/A
AL TERNATIVES: Do not approve amendment to the agreement.
~o[ure
__~';'t""[ to C;ty Mono"" ~
City Attorney / Finance
Department Head's; 'ignatuz;
Recreation & Parks
Department Name
S\l3ULLLTIN\FORMS,,-\G!'NDA ITEM REQUEST FORM. DOC
1 RESOLUTION R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 MAYOR AND CITY CLERK TO EXECUTE A FIRST
6 AMENDMENT TO AGREEMENT BETWEEN PALM
7 BEACH COUNTY AND THE CITY OF BOYNTON
8 BEACH FOR FUNDING OF THE RECREATION
9 CENTER AT WILSON PARK; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, on August 16, 2004, the City of Boynton Beach and Palm Beach
13 County entered into an Agreement to provide funding in an amount up to
14 $1,000,000.00 for funding of the Wilson Park Recreation Center for the period August
15 16,2004 through August 16,2007; and
16 WHEREAS, the City is requesting a time extension of the Agreement until
17 December 31, 2007 to complete construction of the Wilson Park Recreation Center
18 proj ect; and
19 WHEREAS, the purpose of this Interlocal Agreement is to allow for the
20' extension of time for the City to complete construction of the Wilson Park Recreation
21 Center project.
22
NOW, THEREFORE, BE IT RESOL VED BY THE CITY
23
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
25
as being true and correct and are hereby made a specific part of this Resolution upon
26
adoption hereof.
27
Section 2.
This Commission does hereby authorize and direct the Mayor
28
and City Clerk to execute a First Amendment to Agreement between Palm Beach
S :\CA \RESO\Agreements\JnterJocals\Interlocal- Wilson Recreation Amd 1,doc
County and the City of Boynton Beach to extend the project completion date for the
2
construction of Wilson Recreation Center to December 31, 2007.
3
Section 3
That this Resolution shall become effective immediately upon
4
passage.
5
PASSED AND ADOPTED this _ day of May, 2007.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 I"
23
24 I ATTEST:
25 II
26
27
28 Janet Prainito, City Clerk
29
30
31 (Corporate Seal)
32
33
34
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Agreements\InterJocals\Interlocal- Wilson Recreation Amd l,doc
FIRST AMENDMENT TO AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE
RECREATION CENTER AT WILSON PARK
THIS FIRST AMENDMENT TO AGREEMENT (R- 2004-1761) is entered into on , by
and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY", and the City of Boynton Beach, a corporate body politic pursuant to the Constitution of the State of
Florida, hereinafter referred to as "MUNICIPALITY".
WITNESSETH:
WHEREAS, on August 16, 2004, COUNTY entered into an Agreement with MUNICIPALITY (R-2004-
1761) to provide funding in an amount up to $1 ,000,000 for funding of a the Wilson Park Recreation Center for
the period August 16, 2004, through August 16, 2007; and
WHEREAS, MUNICIPALITY has requested a time extension of the Agreement until December 31,
2007, to complete construction of the Wilson Park Recreation Center project; and
WHEREAS, COUNTY desires to allow for additional project completion time for construction of said
project, which will benefit all citizens of Palm Beach County; and
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, the parties hereby agree as follows:
1. Section 2.06 of the Agreement shall be amended by deletinq "thirty six (36) months from the date
of execution of this Agreement by the parties hereto" and insertinq "until December 31, 2007" in its place.
2. Except as provided herein, each and every other term of the Agreement, as amended, shall remain
in full force and effect and the Agreement is reaffirmed as modified herein.
IN WITNESS WHEREOF, the parties, by and through their duly authorized agents, have hereunto set
their hands and seals on the date indicated above.
ATTEST:
SHARON R. BOCK, CLERK &
Comptroller
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
By:
Commissioner Addie L. Greene, Chairperson
ATTEST:
CITY OF BOYNTON BEACH
By:
By
City Clerk
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
By:
City Attorney
County Attorney
APPROVED AS TO TERMS AND CONDITIONS
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
,....."."......",.'l!rli4i<..... .l.:."'..'.-i'\o'ilO..."""~""..........._"""-
FIRST AMENDMENT TO AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE
RECREATION CENTER AT WILSON PARK
THIS FIRST AMENDMENT TO AGREEMENT (R- 2004-1761) is entered into on , by
and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY", and the City of Boynton Beach, a corporate body politic pursuant to the Constitution of the State of
Florida, hereinafter referred to as "MUNICIPALITY".
WIT N E SSE T H:
WHEREAS, on August 16, 2004, COUNTY entered into an Agreement with MUNICIPALITY (R-2004-
1761) to provide funding in an amount up to $1 ,000,000 for funding of a the Wilson Park Recreation Center for
the period August 16, 2004, through August 16, 2007; and
WHEREAS, MUNICIPALITY has requested a time extension of the Agreement until December 31,
2007, to complete construction of the Wilson Park Recreation Center project; and
WHEREAS, COUNTY desires to allow for additional project completion time for construction of said
project, which will benefit all citizens of Palm Beach County; and
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, the parties hereby agree as follows:
1. Section 2.06 of the Agreement shall be amended by deletinq "thirty six (36) months from the date
of execution of this Agreement by the parties hereto" and insertinq "until December 31, 2007" in its place.
2. Except as provided herein, each and every other term of the Agreement, as amended, shall remain
in full force and effect and the Agreement is reaffirmed as modified herein.
IN WITNESS WHEREOF, the parties, by and through their duly authorized agents, have hereunto set
their hands and seals on the date indicated above.
ATTEST:
SHARON R. BOCK, CLERK &
Comptroller
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
By:
Commissioner Addie L. Greene, Chairperson
ATTEST:
CITY OF BOYNTON BEACH
By:
By
City Clerk
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
By:
City Attorney
County Attorney
APPROVED AS TO TERMS AND CONDITIONS
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOf.
VI.-CONSENT AGENDA
ITEM C.4.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
April 17, 2007 April 2, 2007 (Noon.) 0
0 May L 2007 April 16, 2007 (Noon) 0
X May 15,2007 April 30, 2007 (Noon) 0
0 June 5, 2007 May 14,2007 (Noon) 0
Requested City Commission
Meeting Dates
Dale Final Form Must be Turned
in to City Clerk's Office
June 19, 2007
June 4, 2007 (Noon)
July 3, 2007
June 18,2007 (Noon)
July] 7,2007
July 2, 2007 (Noon)
August 7, 2007
July 16, 2007 (Noon)c-,
----)
,..-f
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o
Administrative
o City Manager's Report
;.~.J
o New Business
o
o
o
r",'1
- ~ 1
C:J
..~)
Consent Agenda
Legal
Unfinished Business
.j.:-
.-
,-.;
- .;::::;
C'1 '''::; C'l
"--. ..-'" ..'>
RECOMMENDA TION: Staff recommends that the City Commission adopt a resolution t~ --ente~' iifto
a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation
(FDOT).
X
o Code Compliance & Legal Settlements
o Public Hearing
-CJ
,->
J r'~.J
- .
-~
EXPLANATION: The FDOT has grant funds available for the development of bikeways and
greenways for the purpose of providing safe and attractive, non-motorized transportation corridors. The
City is interested in developing an extension of the Palmetto Greens Greenway that would run along the
C-16 canal from Seacrest Blvd. to 1-95. The LAP Agreement will allow the City to apply for grant
monies for construction of the bikeway.
PROGRAM IMPACT: The bikeway will be used for biking, hiking and walking without having to use
the street system. It is an extension of the existing Palmetto Greens Greenway that runs from Palmetto
Greens Park west to Seacrest Blvd. The 3rd phase, Barton Recreation Trail, will connect to the west end
of Palmetto Greens Greenway south to Galaxy School.
FISCAL IMPACT: The cost of the project is $440,000 with $50,000 for design and $390,000 for
construction. This is a non-matching fund grant; therefore, no additional funds will be provided by the
City.
Department Head's Signature
the bikeway.
ALTERNATIVES: Not to enter into the LAP Agreement and not
~
Department Name
ity Manager's Signature
Assistant to City Manager -C~
~
Recreation and Parks
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R07-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE A LOCAL AGENCY PROGRAM
8 AGREEMENT (LAP) WITH THE STATE OF FLORIDA
9 DEPARTMENT OF TRANSPORTATION (FDOT) TO
10 ALLOW THE CITY TO APPLY FOR GRANT FUNDS
11 FOR THE DEVELOPMENT OF BIKEWAYS AND
12 GREENWAYS ALONG THE C-16 CANAL FROM
13 SEACREST BOULEVARD TO 1-95; AND PROVIDING
14 AN EFFECTIVE DATE.
15
16 WHEREAS, the Florida Department of Transportation (FDOT) has grant funds
17 available for the development of bikeways and greenways for the purpose of providing safe
18 and attractive, non-motorized transportation corridors; and
19 WHEREAS, the City is interested in developing a bikeway that would run along the
20 C-16 canal from Seacrest Boulevard to 1-95; and
21 WHEREAS, the LAP Agreement will allow the City to apply for grant monies for
22 construction of the bikeway.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
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
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby authorize and direct the City Manager and City Clerk to execute the Local Agency
30 Program (LAP) Agreement between the City of Boynton Beach and the Florida Department
S:\CA\RESO\Agreements\LAP - FDOT C-16 Bikeway.doc
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of Transport allowing the City to apply for grant monies for construction of the bikeway
2
along the C-16 canal from Seacrest Boulevard to 1-95, a copy of which is attached hereto as
3
Exhibit "A", and incorporated herein by reference.
Section 3.
That this Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of May, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
ATTEST:
Commissioner - Carl McKoy
Janet Prainito, City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\LAP - FDOT C-16 Bikeway.doc
S,;..TE OF FL..:JR:Dt.. J::':)AR'M~NT 0:- TRANSPORTAC:O,'\
LOCAL AGENCY PROGRAM AGREEMENT
::':< "; [i-"C
;.J::;:CJECT rA...N,'\:;:.lM:;;~ OF;:;CE
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FLAIR Approp
FLAIR ObJ
FLAIR Approp
FLAIR Obj
Vendor NoVF596000282005
FPN 416138,1-38/58-01 Fund,SE
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code
County N093 Contract No'
Data Universal Number System (DUNS) No 80-939-7102
Catalog 0\ Federal Domestic Assistance (CFDA). 20205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this _ day 0\
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
Department and
hereinafter called the Agency
_ by and between the STATE
agency of the State of Florida, hereinafter called the
WITNESSETH
WHEREAS, the Agency has the authority to enter mto this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate JUrisdiction including
the Implementation of an integrated and balanced transportation system and is authOrized under Section 33912, Florida
Statutes, to enter mto this Agreement:
NOW, THEREFORE, in conSideration of the mutual covenants, promises and representations herein, the parties agree as
tollows
1.00 purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation In
Bike Path/Trail
:
and as further descnbed in Exhibit "A" attached hereto and by this reference made a part hereof. heremafter called the
proJect", and to prOVide Department finanCial assistance to the Agency and state the terms and conditions upon whicr,
such assistance will be provided and the understandings as to the manner in which the prOject will be undertaken and
completed
are
1.01 Attachments: Exhibit(s) A + B
attached and made a part hereof
2.01 General Requirements: The ,Agency shall complete the project as described in Exhibit "A" with all practical
oispatch, in a sound, economical, and efficient manner. and in accordance with the provisions herein, and all applicable
laws The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described In the Department's Local Aqency Proqram Manual. which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement,
A full time employee of the Agency, qualified to ensure that the work being pursued IS complete. accurate, and consistent
with the terms conditions, and specifications of thiS Agreement shall be In charge of each project
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2008
If the Agency does not complete the project within this time period, thiS Agreement will expire on the last day of the
scheduled completion as provided m this paragraph unless an extension of the time period is requested by the Agency
and granted In Writing by the Department pnor to the expiration of thiS Agreement Expiration of thiS Agreement will be
conSidered termination of the proj8ct. The cost of any work performed after the expiration date of thiS Agreement will not
be reimbursed by the Department.
2,03 pursuant to Federal, State, and Local Laws: In the event that any election referendum. approval. permit. notice
or other proceeding or authorization is requisite under applicable law to enable the Agency 10 enter Into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of Ihe provisions of the Agreement. the Agency
will initiate and consummate, as provided by law. all actions necessary with respect to any such matters so requisite
".,""..,",",",-,~,,,...,,,,..,..,,,,,.,,.,,
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STATE OF FLORIDI'" DEPARTMENT OF TqANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-0'10-40
PROJECT MANAGEMENT OFJ:ICE
06/06
Page 2
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary. Including
'.rjeral-ald requirements to enable the Agency to provide the necessary funds for completion of the project.
.J5 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require
3,00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 440.000.00 This amount is based upon
the schedule of funding in Exhibit "B". The Agency agrees to bear all expenses in excess of the total cost of the project
and any deficits Involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph
400
3.02 Department Participation: The Department agrees to participate, including contingenCies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request In the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement, and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years.
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred, See
Exhibit "8" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
'elmbursement if Incurred prior to funds approval being received The Department will notify the Agency, in writing. when
ds are available
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25.000 and has a term for a periOd of more
than one year, the provisions of Section 339135(6)(a), Florida Statutes, are hereby incorporated:
"Ia) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract WhiCh, by Its terms, involves the expenditure of money In excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and thiS paragraph shall
be Incorporated verbatim In all contracts of the Department which are for an amount in excess of $25,000
and whlcn have a term for a penod of more than 1 year."
3.06 Notice-to-Proceed: No cost may be Incurred under this Agreement until the Agency has received a written Notice-
to-Proceed trorn the Department
3.07 Limits on Federal Participation: Federal-aid tunds shall not partiCipate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.FR, and poliCies and procedures prescribed by the DiviSion Administrator of FHWA. Federal funds shall not be paid
:.='~_~", Ci-4C;
LOCAL AGENCY PROGRAM AGREEMENT
STI.li:: OF FLDr~IDf:. DE",ARTMEr.;1 OF rRr,r~s:;>CR~A-"-lor~
e:~C.;::CT MA~~;;G~ME.I';T C""<:E
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on account of any cost Incurred prior to authonzation by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 CFR 19 (a)) If FHWA or the Department determines that any amount claimed IS n:Jt
eliglbie. federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency In writing citing the reasons why items and amounts are not eligible for federai participation
Where correctable non-compliance with provISions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained Where non-compliance IS not correctable FHWA or the Department may deny participation
In parcel or project costs in part or In tOlal
C:or any amounts determined to be Ineligible for federal reimbursement for which tne Department has advanced payment
tne Agency snaH promptly reimburse the Department for all such amounts within 90 davs of wntten notice
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of thiS Agreement. a project schedule of
funding snail be prepared by the Agency and approved by the Department The Agency shall mallltaln said schedule of
funding carry OJt the project and shall IIlcur obligations against and make disbursements of project funds only In
conformity WitI'. tne latest approved schedule of funding for the project The schedule of funding may be revised by mutual
'vvntten agreemen: oetween tne Department and trle Agency If reVised. a copy of the reVISion should be forwarded to the
Department s Comptroller and to the Department's Federal-aid Program Office No increase or decrease shall be
effective unless it compiles with fund participation requirements of this Agreement and IS approved by the Department's
Comptroller
5,00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
,A,greement shall be malntallled and made available upon request to the Department at all times during the period of thiS
Agreement and for 5 years after the final payment IS made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs Incurred include the Agency's general accounting records and the project
recoras, together with supporting documents and records of the Agency and all subcontractors pertormlng work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costS If any iitlgation claim or audit is started before the explralion of the 5-year period. the records shall be retained
Jnti: all litigation, claims or audit findings InvolVing the records have been resolved
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreec to be borne by the Agency or ItS contractors and subcontractors, Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be conSidered
eligible costs
5,03 Documentation of Project Costs: All costs charged to the proJect, including any approved services contributed by
the ,A.gency or others. shall be supported by properly executed payrolls, time records. Invoices, contracts or vouchers
ev:::oenclng In proper detail the nature and propriety of the charges
5.04 Audit Reports: ReCipients of federal and state fundS are tc have audits done annually using the following crltena
7ne administration of resources awarded by the Department to Boynton Beach
:T,ay be subject to audits and/or mOllltonng by the Department. as described in this section
MONITORING: In addition to reviews of audits conducted In accordance with OlviB Circular A-133 and Section 215.97
;::Iorlda Statutes as reVised (see "AUDITS" below), monitoring procedures may Include. but not be limited to, on,slte VISitS
oy Department staff. limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures By
entering III to thiS Agreement. the reCipient agrees to comply and cooperate fully with any mOllltoring
procedures/processes oeemed appropnate by trle Department In the event the Department determines that a limited
sccpe audit of the reciPient is appropriate. the reCipient agrees to comply with any additional instructions provided by the
Depar1rT1ent staff tc Bovnton Beacr, regarding such audit
Boynton Beach further agrees to comply
and cooperate With any IIlSpectlons. reviews. Investigations or audits deemed necessary by the Chief FinanCial Officer
CFO, or AJdltor Genera!
,..."~~~~~-"...,,,-,,,,..,,
STAT!: OF I-LORIDA, DEPARrMENT OF TRM~SPORTA-r,'ON
52::-0;0-40
:;ROJEC-r MANAGEIVENT O~FI::E
06/'J6
Pag~ ~
LOCAL AGENCY PROGRAM AGREEMENT
AUDITS
"o.RT I: FEDERALLY FUNDED: Recipients of federal funds (i.e., state, local government or non-profit organizations as
ined In OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $500,000 ($300.000 for fiscal years ending on or before December 31,
2003) or more In Federal awards in its fiscal year. the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit 1 of this Agreement
Indicates Federal resources awarded through the Department by this Agreement. In determining the Federal
awards expended In Its fiscal year, the recipient shall consider all sources of Federal awards, including Federal
resources received from the Department. The determination of amounts of Federal awards expended should be
in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133. as revised, will meet the
requirements of thiS part.
2 In connection with the audit requirements addressed in PART I, paragraph 1 the reCipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3 If the recipient expends less than 5500,000 ($300,000 for fiscal years ending on or before December 31, 2003) in
Federal awards In its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as
revised, is nDt required. In the event that the recipient expends less than $500,000 (5300,000 for fiscal years
ending Dn Dr befDre December 31, 2003) in Federal awards in its fiscal year and elects tD have an audit
cDnducted In accDrdance with the provisiDnS of OMB Circular A-133, as revised, the cost of the audit must be paid
from non-Federal resources (i.e.. the cost of such an audit must be paid from recipient resources Dbtained from
other than Federal entities).
4 Federal awards are to be Identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
PART II: STATE FUNDED
Recipients of state funds (I.e. a non-state entity as defined by Section 215,97(2) (I), Florida Statutes) are to have audits
done annually using the follOWing criteria:
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 ($300,000 for fiscal years ending before September 30, 2004) in any fiscal year of such recipient. the
reCipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,
Flonda Statutes. applicable rules of the Executive Office of the Governor and the CFO. and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit 1 to thiS Agreement indicates state financial assistance awarded through the Department by this
Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider
all sources Df state financial assistance, Including state financial assistance received frDm the Department, Dther
state agencies, and Dther nDn-state entities. State financial assistance does nDt include Federal direct or pass-
through awards and reSDurces received by a non-state entity for Federal prDgram matching requirements.
2 In connection with the audit requirements addressed in Part II, paragraph 1. the recipient shall ensure that the
audit cDmplies with the requirements of SectiDn 215.97(7). Florida Statutes. This includes submission of a
finanCial repDrting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entitles) or 10650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3 If the reCipient expends less than $300,000 in state financial assistance in its fiscal year ($500,000 for fiscal years
ending on September 30, 2004, and thereafter), an audit conducted In accordance with the provisions of SectIOn
21597. Flonda Statutes, IS not required. In the event that the recipient expends less than $500,000 ($300,000) in
stale finanCial assistance in ilS fiscal year and elects to have an audit cDnducted in accordance with the provisiDns
01 SectiDn 21597, Flonda Statutes, the CDSt of the audit must be paid from the non-state entity's resources (Ie..
the CDSt Df SUCh an audit must be paid from the reCipient's resources obtained from other than State entities).
LOCAL AGENCY PROGRAM AGREEMENT
:;~ ",-ct: OF:C, C)RIO;" JEFARTMF,;.~J-: ~R:"'^,SF:::'F<lt.i ION
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~ State awards are to be identified uSing the Catalog of State Financial Assistance iCSFA) title and number award
nu~,Der and year arld name of the state agency awarding It
PART III: OTHER AUDIT REQUIREMENTS: The recipient shall follow up and take corrective action on audit findings.
Preparation ot a Summary Schedule 01 Prior Year Audit Findings, Including corrective action and current status of the
auoit findings IS required Current year audit findings require corrective action and status of findings
Records related to unresolved audit findings. appeals or litigation shall be retained until the action is completed or tne
dispute is resolved Access to project records and audit work papers shall be given to the Department, the Department of
Financla' Services and tne Auditor General ThiS section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state offiCial
PART IV: REPORT SUBMISSION
COOles of financial reportmg packages for audits conducted In accordance with OMS Circular A-133, as revised,
and reqwed by PART I of thiS Agreement shall be submitted, when required by Section .320 (d). OMS Circular f'"
133 as revised by or on behalf of the recipient directly to each of the following
a) The Department at each of the following address(es)
City of Boynton Beach
PO Box310
Boynton Beacr FL 33425
OJ The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies
required by Sections 320 Id)(1) and (2) OMS Circular A,133 as revised) at the following address
Federa! Audit Clearinghouse
Bureau of the Census
1201 East 10'" Street
jeffersonville IN 47132
C) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised
2 :n the event that a copy of tne financial reporting package required by PART I of this agreement and conducted in
accordance With OMB Circular A-133. as revised, IS not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMS Circular A-133. as revised, the reCipient shall submit the required written
notifrcatlor, pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Feae~al Awaros directly to each of the follOWing
eny oj Boynto:; Beacn
F 0 Box 310
Boynton Beacr. FL 33425
In addition. pu~suant to Section 320 (f). OMS Circular A-133, as revised tne recipient shall submit a copy of the
finanCial reporting package described In Section .320 (c), OMB Circular A-133, as revised. and any Management
Letters Issued by the auditor. to the Department at each of the foliowing addresses:
Cny of Boynton Beach
:00 Box310
Boynton Beach FL 33425
_, Copies of tne financial reporting package required by PART Ii of thiS Agreement shall be submitted by or on
Der,alf of the recipient Qir~ to each of the following
, ,~.'''''''''''''_'''''.''^.''''''''~'''''#''.F._,";<_''''
STATE OF FLORIDA D::PARTMENT OF TRANSPOR-;ArIO~
~25-010-40
PROJECT MANAGE/lENT OFFICE
05106
Page 6
LOCAL AGENCY PROGRAM AGREEMENT
a) The Department at each of the following address(es)
City of Boynton Beach
P o Box310
Boynton BeaerT, FL 33425
b) The Auditor General's Office at the following address
Auditor Generals Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee. FlOrida 32399,1450
4. Caples of reports or the Management Letter required by PART III of this Agreement shall be submitted by or on
behalf of the reCipient direct Iv to
a) The Department at each of the following address(es):
Cily of Boynton Beach
POBox 310
Boynton Beach, FL 33425
5 Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
thiS Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10550 (local governmental entitles) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General. as applicable,
6 Recipients, when submitting finanCial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the finanCial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
nf at least 5 years from the date the audit report is issued and shall allow the Department, or its designee, the state
:) Dr Auditor General access to such records upon request. The recipient shall ensure that the independent audit
;urnentatlon is made available to the Department. or its designee, the state CFO or Auditor General upon request
Tor a period of alleast 5 years from the date the audit report is issued, unless extended in writing by the Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit. the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials. payrolls, and records and to
audit the books, records. and accounts pertaining to the finanCing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor. sub-
contractor or matenals vendor to allow public access to all documents, papers, letters or other material subject to the
prOVISions of Chapter 119 Florida Statutes, and made or received in conjunction with this Agreement. (Section
287058(1) (c) FlOrida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional rlght-
of-way. the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 3D The reporl must be prepared using the format prescribed in 49 C.F.R Part 24, Appendix S, and be
submitted to the Department no laler than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
Incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida
LOCAL AGENCY PROGRAM AGREEMENT
:J~ i..:,EF,\~'MlI,,~ C,f
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3tatu~es}
All reCipients of funds from this Agreement, Including those contracted by the Agency. must submit bills for any travel
expenses, when authorized by the terms of this Agreement. In accordance with SectIOn 112.061, Florida Statutes and
::::napter 3-"Travel' of the Deoartment's Disbursement Operations Manual. Topic 350,030-400 (Section 287058(1 )(bJ
:-=-iorida Statutes)
If. after project completion any claim IS made by the Department resultrng from an audit or for work or services penormed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which It has With the Agency oWing such amount if. upon demand, payment of tne amount IS not made
WIthin 60 days to the Department Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by tne Department
7.00 Department Obligations: SUPJect to other prOVISions hereof the Department will honor requests for reimbursement
to me Agency In amounts and at times deemed oy the Department to be proper to ensure the carrying out of the project
and oayment of the eligible costs However, notWithstanding any other proviSion of this Agreement. the Department may
elect by notice In writing not to make a payment If
7.01 Misrepresentation: The Agency shal! have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or In or with respect to any document of data furnished therewith or pursuant
r.e re1O,
7.02 Litigation: There is then pending litrgation with respect to the performance by the Agency of any of its Duties or
obligations which may Jeopardize or adversely affect the proJect. the Agreement or payments to the proJect;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement. requires the approval of tne Department or has made related expenditure or Incurred related obligations
Without r,avlng beer adVised by the Department that same are approved;
7,04 Conflict of Interests: H1ere nas beer, any Violation of the confiict of Interest provIsions contained here in paragraph
A206oi',207
7.05 Default: The Agency nas beer. determined oy the Department 10 be In default uncJer any of the prOVisions of the
Agreement
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHVV.I\ or the Department acting In lieu of FHWA may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining tne amount of the payment, the Department will exclude all projects costs
Incurred by the Agency pllor to the effective date of this Agreement or the date of authorization. costs incurred after the
explr"ilor' of the Agreement costs which are not provided for In the latest approved schedule of funding in Exhibit "8" for
tne project, costs ag reed to be borne by the Agency or its contractors and subcontractors for not meeting the project
comr:lencement and final Invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements whicr, r,ave not been approved tn writing by the Department.
7,08 Final Invoices: The Agency must submit the final invoice on the project to the Department withrn 120 days after the
eornPlet~on of the project Invoices submitted after the 120 day time period may not be paid
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may. by written notice to the Agency, suspend any or all
c' Its obligations L:nder thiS Agreement until such time as the event or condition resulting in such suspension has ceased
or Deer. corrected or tne Department may terminate thiS Agreement In whole or In part at any time the Interest of the
Department requires SUerl termination
it me Department oetellTWleS tnat the performance of the Agency is not satisfactory, the Department shall have the option
ot (a; Immediately terminating thiS Agreement or (b) suspending thiS Agreement and notifying the Agency of the deficiency
Vlltr', a requlremen' that the defiCiency be corrected Within a specified time, otherwise this Agreement Will be terminated at
the end Of such time Suspension of tnis Agreement will not affect the time pellod for completion of the project
SlATE OF rlORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT O~~I;:E
05/06
Pilge 8
If the Department requires termination of this Agreement for reasons other than unsatisfactory pertormance of the
Agency, the Department shall notify the Agency of such termination, with Instructions as to the effective date of
-mination or specify the stage of work at which the Agreement is terminated.
II thiS Agreement is terminated before pertormance is completed, the Agency shall be paid for the work satisfactorily
pertormed. Payment is to be on the basis of substantiated costs
8,02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension
notice under thiS paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
Include any or all of the following (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be reqUired or desirable to keep to a minimum the costs upon the basis of which
the finanCing IS to be computed, (b) furnish a statement of the project activities and contracts and other undertakings the
cost of whlcn are otherwise Incluaable as project costs The termination or suspenSiOn shall be carried out in conformity
with the latest schedule, pian, and cost as approved by the Department or upon the bi'jsis of terms and conditions
Imposed by the Department upon the failure af the Agency to furnish the schedule, plan, and estimate within a reasonable
time The clOSing out of federal finanCial participation In the project shall not constitute a waiver of any claim which the
Department may otherwise have ariSing out of this Agreement
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9,02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department In a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying serVices, is contingent on the Agency's complying in full with provisions of Section
287055 Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
Involve the Department In the consultant selection process for all projects. In all cases. the Agency's attorney shall certify
to the Departrnen1 trlat selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It IS the policy of the Department that DBE's,
as defined In 49 CF R Part 26. as amended, shall have the opportunity to participate in the pertormance of contracts
'anced In whole or In pari with Department funds under this Agreement. The DBE requirements of applicabie federal and
:e laws and regulations apply to thiS Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the pertormance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
periorm contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color.
national orrgln or sex In the award and pertormance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with a[1 terms and conditions of thiS Agreement and all federal, state, and local laws and regulations applicable
to thiS project Execution of thiS Agreement constitutes a certification that the Agency is in compliance with, and will
require ItS contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and
local laws and regulations, Including the "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary
ExclUSion - Lower Tier Covered Transactions," in 49 C.FR. Part 29, when applicable.
12,00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
dlscnmlnate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or mantal status The Agency will take affirmative action to ensure that applicants are employed and that
LOCAL AGENCY PROGRAM AGREEMENT
01
Itv',:;Nl ",U, ',Si.:;:)R 1 t..j IOtJ
~",p;;,:;[MctjT :::;;=I'-I.:t
:;bi-J6
el'Tlployees are treated dUring employment without regard to thell race, age. religion color, gender. national ollgln
olsabillty or marital status Such action shall include, but not be limited to, the following employment upgrading. demotion
8r transfer recruitment or recruitment advertiSing: layoff or termination, rates of payor other forms of compensation and
selecCion for training, including apprenticeship The Agency shall insert the foregoing provision modified only to show the
parc:cular wntractual relationship in all its contracts In connection with the development of operation of the proJect. except
contracts f8r the standard commercial supplies or raw materials. and shall reqUire all such contractors to insert a similar
prOVIsion In all subcontracts, except subcontracts for standard commercial supplies or raw matellals When the project
itwolves Installation, construcUon demolition removal. site improvement or similar work, the Agency shall pDSt. In
consplcuDUS places available to employees and applicants for employment for project w8rk notices to be provided by the
Department setting forch the prOVIsions of tne nondiscrimination clause
',2.02 Title VI, Civil Rights Act of 1964: The Agency will comply with all the reauirements Imposed by Title VI of the
::vil Rights Act of 1964. the regulations of the US Department of Transportation issued thereunaer. and the assurance
cy :~e Agency pursua~t thereto
'ne Agency sr,al! Include prOVIsions In all contracts with third parties tr,at ensure compliance With Title Vi of the CIVil
:::;,gnts Act 8f 1964. ~9 C F R Pari 21 and related statutes and regulations
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply vvlth all the requirements as Imposed by
the ADA the regulations of the Federal government Issued thereunDer and assurance by tne Agency pursuant thereto
12.04 Public Entity Crime: p, person or affiliate wno has been placed on the conVicted vendor list follOWing a conViction
io~ a publiC entity ClIme may not submit a bid on a contract to prOVide any goods or services to a public entity: may not
subml: a bid on a contract witn a public entity for the construction or reparr of a public building or public work, may not
suomlt Plds on leases of rea: property to a publiC entity, may not be awarded or perform work as a contractor. supplier.
s:Jbcontractor or consultant under a contract with any public entity: and may not transact bUSiness With any public entity In
excess of tne threshold amount prOVided In Section 287.017, Florida Statutes, for CATEGORY TVVO for a period of 36
clDnths from tne oate of betng placed on the conVicted vendor list
12.05 Discrimination: In accorDance with Section 287134 FS., an entity or affiliate who has been placed on the
Discriminatory Vendor LiSt, kept by tne Flprida Department of Management Services. may not submit a bid on a contract
to proviDe goods or services to a public entity; may not submit a bid on a contract With a public entity for the construction
or repall of a publiC building or public work: may not submit bids on leases of real property to a public entity: may not be
awarded or periorm work as a contractor, supplier, subcontractor or consultant under a contract with any public entity and
may not transact bUSiness with any publiC entity
12,06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
eeMy or affiliate who has had ItS Certificate of Qualification suspended, revoked, denied or have furiher been determined
~:y tr~e Department to be a non,responsible contraclOr may not submit a bid or perform work for the construction or repair
:' ~ ~0PIIC bu:lding or public wOI'k on a contract With ihe Agency
',2.07 Prohibited Interests Neither the Agency nor any of ItS contractors or their subcontractors shall enter tnto any
contract subcontract 0' arrangement In connection With the project or any property Included or planned to be included In
Ifl(; p: o)'::c\ :n \VllICI', any mernoer officer or employee of the Agency or the locality during tenure or for 2 years thereafter
"as any Interest dllect or Indllect If any such present or former member, officer or employee Invpluntarily acquires or had
acauiled prior to the beginning of tenure any such tnterest, and If such Interest is Immediately disclosed to the Agency the
Agency with pllor approval of the Department. may waive the prohibition contained In this paragraph prOVided that any
sc:cr, present member officer or employee shall not participate In any action by the Agency or the locality relating tc sucr:
cc;n~~act, subcontract or ariangerTlen',
The Agency snal: Insen In all contracts entereD into in connection with the project or any property included or pianned to
pe Included Ir. any pro!ect ana snail requlle ItS contractors to Inseri In each of thell subcontracts, the follOWing proviSion
"No memper, officer or employee oj the Agency or of the locality dUllng hiS tenure or ior 2 years
mereafler shall have any Interest. direct or tndllect. In thiS contract or the proceeds thereof'
"Che prOVISions of thiS paragrapt't sr,all not be applicable to any agreement between the Agency and its fiscal depOSitories
~r \c any agreement for utility services the rates for which are fixed or controlled by a governmental agency
.\,,.~c,_.,.,,;;~~...i;;;W,>,,..,.,,.,,,,._;,
SlFJ[ 01' FLOf~IDA D=P/~RrMENT OF TR./iNSPORTATION
52:1-010-40
PROJECT MAf~AGEME~n QI=;:ICE
C'5106
;:JagelO
LOCAL AGENCY PROGRAM AGREEMENT
12,08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be aamitted to any share or part of this Agreement or any benefit arising therefrom.
..00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred In connection therewith. The Agency will be responsible for securing any applicable
permits
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
indiVidual or entity not a party to thiS Agreement
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then eXist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall eXist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any proviSion of this Agreement is held invalid,
the remainder of thiS Agreement shall not be affected In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement. the Agency represents that it has not paid and, also
agrees notte pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder
13.06 Stale Law: Nothing In the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or 00 any other thing In contravention of any applicable state law. If any of the provisions of the
Agreement Violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modificattons may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the prOject
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents, and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
rformance of this Agreement except that neither the Agency, its officers, agents or its employees will be liable under
3 paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act
oy the Department or any of its officers, agents or employees during the performance of this Agreement.
The parties agree thai this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
Similar provIsion of law
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services reqUired under this Agreement, the Department will Immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will JOintly discuss options In defending the claim. After reviewing the claim. the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described In tnis paragraph. The Department.s failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation In or defense of the claim by the Agency The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates In the defense of the claim at trial, that party is responsible for all expenses at trial.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the proJect. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
LOCAL AGENCY PROGRAM AGREEMENT
ST ^,-~E :: ,-Of~il)h ::Ji.::PN~~"MD~ l:Jr ~:~.'.t'~S;:='RT;" T iON
"'R2jE::-' r"'..J,t,:;~t,'t::~~ CF~!C:E
;, ~aio . .
Jroject oeemed approQnate After resolution of these comments and recommendations to the Department's satisfaction
U,e Department will Issue to the Agency a written approval with said remainder of the project Failure to obtain this written
aopr8val Sri ai', be suffl81ent cause of nonoayment by the Department
13.09 Right,of-Way Certification: '-.!pon completion of right-of-way activities on tne project trle Agency must certify
cO,~lplia"ce With all applicable federai and state requirements Certification is reqUIred prior to advertisement for or
sol:cl:atlor of bios for construction of the project, Including those projects for which no nght-of,way IS reqUired
13.10 Agency Certification: The .Agency will certify In writing, pnor to project closeout that the project was completed in
accoroance With appllcabie plans and specifications IS In place on the Agencys facility adequate title IS In the Agencys
nan-Ie. and the project IS aC8epted by tne Agency as SUitable for the intended purpose
1311 Agreement Format: All woros used nerelr In the Singular form shall extend to and include the plural All words
usec In tne plural torrT shall extend 10 and Incluoe tne Singular All words used In any gender shall extend to and Include
all '~enoe~s
13.12 Execution of Agreement: ThiS Agreement may be SimultaneouslY executed In a minimum of two counterparts.
each of which so executed shall be deemed to be an Original, and such counterparts together shall constitute one in the
same Instrument
1313 Restrictions on Lobbying:
f'ederal: The Agency agrees trlat no federally,appropriated funds have been paid. or will be paid by or on behalf of the
Agency. :0 any person ior InfluenCing or attempting to Influence any officer or employee of any federal agency. a Member
0: C;ongress an officer or employee of Congress or an employee of a Member of Congress in connection With the
awarding of any tedera' contracl tne making of any federal grant. the making of any federal loan, the entering Into of any
cooperative agreement, and \fIe extenSion, continuation, renewal. amendment or modification of any federal contract
grant loa1 or cooperative agreement
ii any funds other than federally,appropnated fundS have been paid by the Agency io any person for influenCing or
attempting to Influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress In connection with this Agreement. the undersigned shall complete
and submit Standard Forrr"LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions
:he Agency shall require that the language of this paragraph be Included in the award documents for all subawards at all
:Iers (InCluding subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subreclplents sr,all certify and disclose accordingly
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judiCial branch or a
s tate agency
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under thiS
L..greement If the Agency constructs any Improvement on Department right':Jf-way, the Agency (will) (will not) maintain
t"':e i,'1ip~Cvemen:s made for tnelr useful life
13.15 Vendors Rights: Venoors [In thiS d:Jcument Identified as the Agency) prOViding goods and services to the
Depanment sMuld be aware of the follOWing time frames Upon receipt, tne Department has 5 working days to Inspect
ana approve tne goods and services unless the bid specifications, purchase order or contract specifies otherwise The
'Jep"nment has 20 days to deliver a requesl for payment (voucher) to the Department of FinanCial Services The 20 days
e'e 'Y~easured tro'l! the latter Of the date the Invoice IS received or the goods or services are received, inspected. and
E:l:J;J~8ved
a payment IS not available wlthlr, 40 days aher receipt of the InVOice and the receipt. Inspection, and approval of goods
and services a separate Interest per,alty In accordance With Section 215422(3)(b) Florida Statutes, will be due and
~ayable In addition to the inVOice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
tne Agency requests payment InVOices which have to be returned to the Agency because of Agency preparalion errors
>Jili result In a delay in the payment The invoice payment requirements do not start until a properly completed inVOice IS
orov:ded to the Department
STATE 0"' FLORIDA DEPARTMENT OF ~"ANSf)8RTAT'::J~
525-010-<1C
PROJECT MANAGEMENT OF~'CE
06/06
Page ~2
LOCAL AGENCY PROGRAM AGREEMENT
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
Include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
rJepartment. The Vendor Ombudsman may be contacted at 850-410,9724 or by calling the State Comptroller's Hotline. 1-
')-848-3792.
IN WITN:::SS WH:::REOF the parties have caused these presents to be executed the day and year first above written.
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By
Kurt Bressner, City Manaaer
Name
Title
By:
Name
Title.
Attest Wallv Malors Rec & Parks Director
Title
Attest:
Title
As to form
As to form:
Attorney
District Attorney
See attacrled Encumbrance Form for date of funding approval by Comptroller
LOCAL AGENCY PROGRAM AGREEMENT
:.-:.1-
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1- ~~:~
;..:=:-:--.:c
1'.~I\~J,':'G!::.IA[r"T cn'CE
Page
FPN 416138-138/58-01
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
Tnls exr,iblt forms an Integral part of the Agreement between the State of FlOrida Department of Transportation ana
,ne CilY- o~_Baynto~acr;_~__~___,_______---~-------'u_---
Dated 41' 7/2007
CO",ClJ :::C~ ~OCA TION
The project [J:s b IS not on the National Highway System
H1e project .....J IS Q IS not on the State Highway System
PROJECT DeSCRi?TION
ThiS greenway will be an extenSion of the eXisting Palmetto Greens Greenway and will run from Seacrest Bivd. west to 1-
95 along the south side of tne C-16 canal
SPeCIA~ CONSIDERATION BY AGeNCY
-he audit report(s) reqUired In the Agreement shall Include a Schedule of Project ASSistance that will reflect the
Deparunenis contract number the l=lnanClal Project Number (FPN), the Federal Authorization Number (FAN), where
applicable tne amount oj State funding action (receipt and disbursement of funds). any Federal or local funding action
and tfie funolng action from any other source With respect to the project
~'1e Ager,cy IS required to proVide a copy of me design plans for the Department's review and approval to coordinate
permitting Wier tne Department and notify the Department pnor to commencement of any nght-of-way actiVities
(he Agency snail commence the project's actiVities subsequent to the execution of thiS Agreement and shall perform In
accoroar1Ce wltn the follOWing scnedule
a) Study to be completed by . (Phase 18 and 28 LAP Agreementsj
b) DeSign to be completed on or before (PhaSe 38 U,,F Agreements)
Rlght-Qf'Way requirements Identified and proVided to the Department DY . (All LAPs
requiring RN() (District will handie all Right-at-Way activilies on LAPs.' thiS date would oe set by the necessary
tlme/rame to complete R/VV actiVIties)
dl Rlght-of,Way to be Certified prior to advertising for Construction (A/I Phase 58 LAPS)
e! Construction contract to be let on or before . (For Phase 58 LAPs) (ThiS date would be
pnor to the end at the Fiscal Year that tile Phase 58 IS programmed In FM)
Construction to be completed on or before . (phase 58 LAP Agreements)
f)
tn:s scneDuie cannot be met the Agency will notify the Departrnent In writing wltn a revised SChedule or the project IS
sUDjeCt tc the Withdrawal 0: federal funding
SC'ECIA- CONSiDERATIONS BY DEPARTIViENT
~u"Olng lor tf1e oeslgn portion IS In tne year 2006/2007 In the amount of $50.00000 Funding for the consstructlon
portion IS in the year 2007/2008 In tne amount of $390,00000 for a tOeal 01 $440,000.00 Upon execution of the
"<~".,.;,.,~~"....,,li,,,,,,,-~,;(<<,,,"-~
:oTATE OF HOI'<IL.)A DEPARTMENT DF TRAI\'SP:JRTA T'CN
S':5-CL-40
PROJECT MANAGEMEN'~ OFFICE
06/D6
LOCAL AGENCY PROGRAM AGREEMENT
agreement by all parties the Department will provide ONE EXECUTED ORIGINAL AGREEMENT with a "NOTICE TO
PROCEED" to the Agency for the design portion only. The Agency should not start any design prior to the EXECUTED
,c\GREEMENT and a "NOTICE TO PROCEED. Funding for the construction portion will not be available until after July 1,
17 After the Agency has final Invoiced on the design portion and satisfied all Federal Highway Adminisstration and
,Jartment requirements the Department will issue a 2nd "NOTICE TO PROCEED" for the construction portion The
Agency should not start any construction pilar to the 2nd "NOTICE TO PROCEED". The Agency will only be reimbursed
for costs incurred after the executed agreement date and prior to the agreement expiration date. Any unused funds in the
deSign portion cannot be used for any construction activities and will be deleted by the Department.
LOCAL AGENCY PROGRAM AGREEMENT
~ t- n.: F l:Jk
-t.l 00 I~i ::'~
Mt~~,f" .:;!: '-1 E '.,".
j-"2:J'2
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
LOCAL AGENCY PROGRAM
AGREEMENT
EXHIBIT "B"
SCHEDULE OF FUNDING
ePN ~16138-1,38'58,OI
i A,GENCY NA[~E & BilLING ADDRESS
j of Beacr
p Sex 0
SQyntDn Beac:',::-L 33~=5,-
i
j
PROJECT DESCRIPTION
Na,'nc Fi::!irnctlO ()r'2en~ C;reenway cx~__~___~-_._-
."___~ Length. f:';53 !f ._~~_~_.-
i C'~m:n: ~__~2-,~_________~'~--~-
FUNDING
I~
i Design
!
TYPE OF WORK By Fiscal Year
:3,
STA:E&
FEDERAL FU~DS
$50000.00
2006 2087
2007 2~08
!008 2009
1 Olai l)cslgr', ::;5\
----------- I
i - -------- j
I I
I =____~ I
1----1
i
,----
I ----.---.--
1---
I -~--~-
$50.000.00
$50.000.00
Rlgr,:-cf-way
2006 2e07
2007 2008
2008 2009
1 otai !~lgh1'"o1-V~'ay Cost
Construction 2006 2007
2007 2008
2008-2009
20092010
TOlal ConstiJ:::tlorl Ccst
,------
i
i -.
I
: 5000
. 5390 000 00
1 _,
I
5390 00000
--I
I
$390,00000
$390.000.00
Construction Engineering and Inspectlon (CEI)
2006 2007
2007 -2008
2008-2009
1-----
I
i $390.00000
;
1 :Jtai Construction Englnc:erlng Cost
$390.000.00
1 otal Construction and CE:.i Costs
TOTAL COSTOFTHE PROJECT
i $440.000 DO
S~40.000 DO
~he Jepartl"'\ent's fiscal year begins on July 'I For thiS proJect, funds are not prOjected to be available until after the
"S; 0' July of each fiscal year Tr\e Department will notify the Agency In writing when funds are available
""",-"~.".,,,,,,~,,,---,,\,,,,,,-,,,,,,,,'#"-""'.''''_.''<
s rAT!: OF I't Of~II)/, D~ p^R'rMENT OF rr~ANSPOR'T" TIOl\.
525-CiO-40
PRO~IEC:T MANAG!:.r<lENT OFFICE
06f06
LOCAL AGENCY PROGRAM AGREEMENT
Page
EXHIBIT "L"
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
Paragraph 13.14 is expanded by the following:
The Department and the Agency agree as follows
1 Until such lime as the project is removed from the project highway pursuant to paragraphs 3 and 5 of
this LMA, the Agency shall. at all times, maintain the project in a reasonable manner and with due care in
accordance with all applicable Department guidelines, standards, and procedures "Project Standards"
SpeCifically. the Agency agrees to
a) Properly water and fertilize all piants, keeping them as free as practicable from disease and
harmful insects,
b) Properly mulch plant beds:
c) Keep the premises free of weeds;
d) Mow and/or cut the grass to the proper length;
e) Properly prune all plants which responsibility includes removing dead or diseased parts of
plants and/or pruning such parts thereof which present a visual hazard for those using the
roadway; and
f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants
that fall below onginal "Project Standards."
The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls
below "Project Standards' caused by the Agency's failure to maintain the same in accordance with the
provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed
and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and
specification as prOVided in the original plans for the project. Furthermore, the Agency agrees to keep
lltler removed from the project highway.
2 Maintenance of the project shall be subject to periodic inspections by the Department. In the event that
any of the aforementioned responsibilities are not camed out or are otherwise determined by the
Department to not be In conformance with the applicable "Project Standards", the Department, in addition
to its nght of termination under paragraph 4(a), may at its option perform any necessary maintenance
Without tne need of any prior notice and charge the cost thereof to the Agency.
3 It is understood between the parties hereto that any or the entire project may be removed, relocated or
adjusted at any time in the future as determined to be necessary by the Department in order that the
adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning
of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment
and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that
part of the project it removed. After the 60 day removal period, the Department will become the owner of
the unresolved portion of the project. and the Department then may remove, relocate or adjust the project
as il deems best, with the Agency being responsible for the cost incurred for the removal of the project.
4 This LMA may be terminated under anyone of the following conditions
a) By the Department. if the Agency fails to perform its duties under thiS LMA following 15 days'
wntten notice, or
LOCAL AGENCY PROGRAM AGREEMENT
f"L :);~ ID;, DfF M:; T !.~.E:h'l ~r 1 Rfd~Sf: Or.:TI, ~-I IN
;'::lG0
bj By either party foliowlng 50-calendar days written notice
:, in tne event tr,iS '-.MA is terminated in accordance with paragraph 4 hereof. the Agency shall have 50
days after the Date upon WhiCh this :...MA IS effectively terminated 10 remove all or part of the remaining
project at its own cost and expense The Agency will own that part of the project It removed After the 50-
day removal period portion of the proJect. the Department then may lake any action with the prOjeCl
highway or all or part of the project it deems oest. with the Agency being responsible for any removal
COSiS Incurred
6 This LMA embodies the entire agreement and understanding between the parties nereto, and there are
no other agreements Dr unDerstandings, oral or written, with reference to the subject matter hereof tnat
are not merged herew and superseded hereby.
7 ThiS LMA may not be assigned or transferred by the Agency In wrlOle or in part. Without consent of the
Deca i1ment
6 TnlS LMA snail be governeo by and constrCJed in accordance Wit!', the laws of the State of FloriDa
9 All notices demands, requests or olner Instruments shall be given by depositing the same in the US
Mail, postage prepaid, registered or certified With return receipt requested or by telex or telegram
a) If to the Department addressed to
Ci1V of Bovnton Beach
P o Box310
Bovnton Beach FL 33425
or at such other address as the Department may from time to time deSignate by written notice to
the Agency, and
01 If 10 the Agency, adaressed to
City Of Bovnton Beach
r-,-g~ Box 3J.Q____~--,---
Bovnton Beacr1 FL 33425
or at s;.;ch otner aaeress as the Agency may from time to time deSignate oy written notice
tc ,he Depart""ent
~: C ThlS LMF" If atla:hec 2.S an exhlDiL tc the Agreement forms 3n integral part of the p,greement
oetween the oaf1leS aated
All time limits provloed hereCJnoer shall run from the oate of receipt of all such notices, demands, requests, and
Jther Jnstruments
::;:;,rr=Oi"
:[PARTr/~EN: OF Tt:ANSP8H'Tld ION
S25.C ~ 0-40
PROJEC, MAtJ/IGEMENT Of:FIC::-
05/06
LOCAL AGENCY PROGRAM AGREEMENT
Page
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant To This Agreement Consist Of The Following:
Federal Agency: Federal Highway Admlnrstration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 440.000.00
Compliance Requirement:
Allowed Activities: To be eligible most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which prOVides assistance
for bridges on and off the Federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activliles, the recreational trails program, and planning. research. development. and technology transfer
Proposed projects meeting these and other planning, design. environmental. safety. etc,. requirements can be approved
on the basis of State and local priorities within the limit of the funds apportioned or allocated to each State.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
CFR and the OMB cost principles applicable to the recipient/sub-recipient
Eligibility: By law, the Federal-aid highway program Is a Federally assisted State program that requires each State to
have a SUitably eqUipped and organized transportation department Therefore, most projects are administered by or
through State Departments of Transportation (State DOTs). Projects to be funded under the Federal-aid highway program
are generally selected by State DOTs or Metropolitan Planning Organizations (MPOs), In cooperation with appropriate
local offiCials. as speclflea In 23 USC and Implementing regulations. Territorial highway projects are funded in the same
manner as other Federal-ard highway projects, with the territorial transportation agency functioning in a manner similar to
a State DOT. Most Florioa Land Highway Program (FLHP) projects are admrnistered by the Federal Highway
Admlnistratron (FHWA) Office of Federal Lands Highway and its DiVisions or by the various Florida Land Management
Agencies (FLMAs) Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal
Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA Due to recent legislation. Tribal
Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA.
The Fish and Wildlife Service (FVVS) and the National Park Service (NPS) select projects in the Refuge Road and Park
,ds and Parkways programs, respectively. For the Forest Highway Program. the Forest Service, the States and the
vVA JOintly select projects
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The reCipient of Local Agellcy Program (LAP) funding must comply with the statutory requirements in Sections
112061 215422, 33912. and 339135. FlOrida Statutes. and Title 23 and Title 49, C.FR.
LOCAL AGENCY PROGRAM (LAP)
TYPE 1 OR PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
Financial Project 1D: 416183-1-38/58-0
County: Palm Beach
Project Description: This 2250 l.f. pathway will be an extension of the existing
Palmetto Greens Greenway and will continue the bikeway west from Seacrest Blvd. to 1-
95. It will eventually connect with the Barton Recreational Trail which will connect to
the Galaxy Elementary School.
Local Traffic Patterns
The bikeway \vill not affect local traffic patterns, property access, pr planned community
groVvth. Community cohesiveness will be enhanced with the development of a safe,
attractive bikeway that can be used instead of biking on streets.
Air Quality and Noise
/\.11 aiL noise and water quality impacts are non-existent.
Coast Guard Permit
A Coast Guard Permit is not necessary as this project is not through a waterway.
Flood Plan Encroachments
There are no f100d plain encroachments.
Threatened or Endangered Species
There are no endangered or threatened species in the area.
Riuht-of- \\' av
"" .
There will be right-of-vvay required for the project.
Business and Residential Relocations
No business or residential relocations are required.
Section 4(f)
Section 4(f) is not applicable to the project.
Section 106 of the National Historic Preservation Act
There are no archaeological or historical sites on the property.
Contamination
No contamination impacts are anticipated as a result of this project.
Public Hearing
Public hearings were help with the surrounding neighborhood. Participants were
supportive of this project as it is a continuation of the Palmetto Green Greenway and \vill
connect a large neighborhood to the elementary school that services that area without
having to put the children on the streets.
Permits
All applicable permits will be obtained prior to construction
Park Impacts
The bikeway will follow the same route as an existing sidewalk through Barton Park.
The expanded bikeway will enhance the park by allowing safer use of the bikeway by
bikers and hikers. This agreement is being sought by the City of Boynton Beach
Recreation and Parks Department which manages all city parks, one of which is Barton.
Additionally, the City of Boynton Beach Recreation and Parks Advisory Board has
endorsed the bikeway. (Letter Attached)
FINDING:
This project has been evaluated and has been determined to meet the conditions as set
forth in the PD&E Manual, Part 1, Chapter 3; therefore:
This project is a Type 1 Categorical Exclusion under (23 CFR 771.117rf:J) effective
November 27. 1987.
Package prepared by:
LAP Reviewer:
lody Rivers, Parks Superintendent
P. O. Box 310
Boynton Beach, FL 33425
April 17,2007
FDOT Concurrence:
District 4 Environmental Administrator
Date:
FEDERAL-AID PROJECT FUNDING REQUEST
ST~,-:E C'~ r::-L,CR::':::/' OEFAP.TME~n :Jt -'R;...J-;SPORT;...r::)t~
::;;",:Cf~: L~,::;l Fc:SE,::..r:::~_. 6..
DATE'
4/13/2007
AGENCY ~~ty_()f_Boynt()~~each~~ FEDERAL-AID PROJECT NUMBER
FIN NUMBER 416138138 STATE JOB NUMBER 41613813801 TIP P,/\GE NO
---~---.----.---~--'-
Palmetto Green Greenways Extension
PROJECT TITLE
PROJECT TERMINI FROM
WORK PHASE 0 PLANNING
AVVARD TYPE 0 LOCAL
TO
o ENVIRONMENT 0 DESIGN 0 CONSTRUCTION 0 RIGHT 0;::- 'flAY
o LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark tr',e type of environmental document prepared indicate the approval date and the mOS1 recer,t
reevaluation aate,
EIS aoproved on
EA/FONSI approved on
Cate,;)orlcal ExcluSion
, and reevalualed on
. and reevaluated on
prog rammatlc Categorical ExclUSion determlr,atlon on
Type I Categorical Exclusion determination on
Tyoe II Categorloa! Exclusion approved on
Calegorlcal Exclusion Reevaluation on
TOTAL LOCAL AGENCY STATE FEDERAL FUND~ PERCENT OBLlGA TION DATE
PHASE ESTIMA TED COST FUNDS FUNDING FEDERAL
(Nearest Dollar) (Nearest Dollar) (Nearest Dollar) (Nearest dollar) FUNDS Month / Year
PLANNING $0.00 $000 $0.00 $000 0.00
PD&E $000 $0.00 $0.00 $0.00 000
DESIGN $5000000 $0.00 $000 $5000000 12.00
R/W $0.00 $000 $000 $0.00 0.00
CmJST $39000000 $0.00 $0.00 $390000.00 88.00
TOTAL $440000 00 $0,00 $0.00 $44000000 100.00
DESCRIPTION OF EXISTING FACI'..ITY (EXisting DeSign and Present Condition)
Roaoway Width Number of Lanes
_...~-----~_._--~--~-~ -_..._-,------_._--~~--
Snage Number(s; on Project ._________.____ .____________ ___ _____,'_'n__ _.._._.".._____.______ --- ....----.-------------.-.-
DESCRIPTION OF PROPOSED WORK 0 New Conslructlon 0 3-R ~ ENHANCEMENT 0 ::::CJNGESTION MITIG!,-T'ON
Roadway Width Number of l..anes
,.----'...---- --'~-'-~"-------"- ___._ ..___ _..____~_.~ -0---- _ ___ "_'_
Bridge Numoerlsl on ProJec; - ..-.----------------------- -----.-------..-------.---...----- ----------
LOCAL AGENCY CONTACT PERSON Jody Rivers TITLE Parks Superlntenoent
MAILING ADDRESS 100 East Boynton Beach Blvd PHONE (561) 742-6226
CITY Boynton Beach, FlOrida \ f\ ZIP CODE 33425
LOCATION AND DESIGN APPROVAL B~C;.t. ~I;;,w"""" ',""0"" -- --,-"--"'--~---
TI E (>, ~ ?u..Qe:C-t...!.~~-oe-l-r DATE 4ktl0+
=----
~... ,', ~
/., ,,< 'SOUTH FLORIDA WATER MANAGEMENT DISTRICT
~ - .. "OJ G= ebb Ro.d, W,;< ",Im 8mb, Flmid. ]}406 . (561) 686-8800 . FL W A TS 1-800- 432- 2045 . TaD (561) 697-2574
~, . '/ ".,jailing Address: PO. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd,gov
~,~
LAN 08
April 30, 2003
M.~y
2 'b.,
::,UU3
Mr. John Wildner
Deputy Director
City of Boynton Beach
Recreation & Parks Department
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Dear Wildner:
Subject: Use of District Canal 16 Right of Way for Palmetto Green Park
This is in response to your request for comment on the City of Boynton Beach's
expansion of the Palmetto Green Park from Seacreast Boulevard westerly to 1-95.
As you know, the existing segment of the park running easterly from Sea crest
Boulevard was constructed within the right of way for Canal 16 (C-16) and resolveq
many long term issues with regard to the area residents dumping and otherwise
misusing the canal right of way. The City's path, fishing pier, beautification and other
improvements have benefited both the community by providing a recreational
opportunity for the residents and have also helped the District by reducing the area that
we must mow and maintain,
The South Florida Water Management District remains supportive of extending this co-
use of the C-16 south right of way where the District retains its proprietary interest on
the right of way to perform emergency maintenance operations, and the community is
able to have a scenic corridor with pedestrian and bicycle access that provides
recreational opportunities for all ages.
We look forward to continuing our relationship with the City with the construction of the
additional path, overlook/fishing pier, landscaping and other facilities as authorized by
the District in 2001,
Sincerely,
~
\/ 7 I [)j1J/;U
/,-IJ, WJJc2rC)...--
lL.Ir
Thomas L, Fratz
Director
Right of Way
TLF/cs
COVER,V!:v'C BO.-1RD
EXECUTIVE OFF/CE
i\iicoL-ls J Gutierrez, Jr., Esq.. Cilt/ir
Pamela Brooks-Thomas. ,'/i,'-Ollllr
Irela M. Bague
Michael Collins
Hugh M Engljsh
Lennart E. Lindahl, PEe
Kevin McCarty
Harkley R. Thornton
Trudi K, \"iilliams, PE,
Henry Dean, E.n'cullz'e D//n"lor
::-.:;;
Department of
Environmental Protection
'. -
,,~
Jeb Bush
(~oYernor
Marjory Stonen,ar, Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Fior-ida 32399-3000
DaY!: 8, Stru
"-~ ~
-
Secretary
May 7, 2003
Barbara Meacham
100 E. Boynton Beach Blvd., P.O. Box 310
Boynton Beach, Florida 33435
Dear Ms. Meacham:
We have received your application regarding Designation of the Palmetto Green Linear Park
into the Florida Greenways and Trails System. Based on the information you provided in your
application, the Palmetto Green Linear Park does qualify for Designation based on the criteria
established by our program. We will draft a Designation Agreement and submit it to the Florida
Greenways and Trails Council for their approval at their next scheduled meeting, which will
occur on September 12, 2003,
Sincerely,
~c?~
Heather Pence
Office of Greenways and Trails
/hp
" ~ .~
: ~/tC rc
_ese, Process"
Pr:ri:ec' or: rec,ycled poyer.
VI.-CONSENT AGENDA
ITEM C.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl".
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
Aprill7,2007 April 2,2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon)
--,
0 --
D May 1,2007 April 16, 2007 (Noon) July 3, 2007 June 18, 2007 (Noond-) \
X May 15, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) -,' ~ ,
- -.::J
.,
0 0 .'... -,
June 5, 2007 May 14,2007 (Noon) August 7, 2007 July 16,2007 (Noon)
o City Manager's Report
o New Business
o Legal
o Unfmished Business
D Public Hearing 0
RECOMMENDATION: Staff recommends that the City Commission adopt a resolution to enter into
a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation
(FDOT).
NA TURE OF
AGENDA ITEM
o Announcements/Presentations
o
Administrative
":J
.-q
::.J'
7
X
o Code Compliance & Legal Settlements
Consent Agenda
J
EXPLANATION: The FDOT has grant funds available for the development of bikeways and
greenways for the purpose of providing safe and attractive, non-motorized transportation corridors. The
City is interested in developing a bikeway that would run from the west side of Palmetto Greens
Greenway south through Barton Memorial Park and continue south along the Galaxy Scrub to the
Galaxy Elementary School property, The LAP Agreement will allow the City to apply for grant monies
for construction of the bikeway.
PROGRAM IMP ACT: The bikeway will allow safe travel for children to get from the neighborhoods
north of Galaxy School to the school without having to travel on the streets. It will also connect to
Palmetto Greens Greenway which will connect to Wilson Park and Palmetto Greens Park. It will be
used for hiking, walking and biking.
FISCAL IMPACT: The cost of the project is $112,900 with $18,300 for design and $94,600 for
construction. This is a non-matching fund grant; therefore, no additional funds will be provided by the
City.
AL TERNA TIVES: Not to enter into the LAP Agreement and not to build the bikeway.
~
Department Head's Signature
Recreation and Parks
Assistant to City Manager ~
~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1
2 RESOLUTION NO. R07-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE A LOCAL AGENCY PROGRAM
8 AGREEMENT (LAP) WITH THE STATE OF FLORIDA
9 DEPARTMENT OF TRANSPORTATION (FDOT) TO
10 ALLOW THE CITY TO APPLY FOR GRANT FUNDS
11 FOR THE DEVELOPMENT OF BIKEWAYS AND
12 GREENW AYS AT OR NEAR THE GALAXY
13 ELEMENTARY SCHOOL PROPERTY; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, the Florida Department of Transportation (FDOT) has grant funds
17 available for the development of bikeways and greenways for the purpose of providing safe
18 and attractive, non-motorized transportation corridors; and
19 WHEREAS, the City is interested in developing a bikeway that would run from the
20 west side of Palmetto Greens Greenway south through Barton Memorial Park and continue
21 south along the Galaxy Scrub to the Galaxy Elementary School property; and
22 WHEREAS, the LAP Agreement will allow the City to apply for grant monies for
23 construction of the bikeway.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29
Section 2.
The City Commission of the City of Boynton Beach, Florida does
30 hereby authorize and direct the City Manager and City Clerk to execute the Local Agency
S:\CA\RESO\Agreements\LAP - FOOT Galaxy Bikeway.doc
Program (LAP) Agreement between the City of Boynton Beach and the Florida Department
2
of Transport allowing the City to apply for grant monies for construction of the bikeway at
3
or near the Galaxy Elementary School property, a copy of which is attached hereto as
4
Exhibit "A", and incorporated herein by reference.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Section 3.
That this Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of May, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet Prainito, City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\LAP - FDOT Galaxy Bikeway.doc
:cTATE OF FLORIDA DEP.td:<Tf.,~ENT OF TRAI,SPDRTA~ION
~,1AU.4GE',EI\'i C)C:F'CE
LOCAL AGENCY PROGRAM AGREEMENT
r'".~", .
FU\IR Approp"
FLAIR Ob) ____,______
FLAiR Approp
FLAIR Ob)
'vendor No VF596000285005
FPN 418036-1-38/58-01 Fund,SE
Federal No Org Code
FPN Fund
Federal No Org Code
County No93 Contract No
Data Universal Number System (DUNS) No 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this _ oay of
OF FLORIDA DEPARTMENT OF ,RANSPORTATION, an
Department, and
hereinafter called the Agency
_ by and between the S, A TE
agency of the State of Florrda, hereinafter called the
W TNESSEiH
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorIZed under Section 339 12, Florida
Statutes, to enter into this Agreement;
NOW. THEREFORE, in consideration of the mutuai covenants, promises and representations herein, the parties agree as
follows
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Landscapinq
and as further described in Exhibit "A" atiached hereto and by this reference made a part hereof, hereinafter called the
'proJect", and to provide Department financial assistance to the Agency and state the terms and conditions upon which
such assistance will be provided and the understandings as to the manner in which the project will be undertaken and
completed.
1.01 Attachments: Exhibit(s) A+B+L +1
attached and made a part hereof
are
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
olsDatch, In a sound, economical. and efficient manner, and in accordance with the provisions herein, and all applicable
laws Tne project will be performed in accordance with all applicable Department procedures, gUidelines, manuals.
standards, and directives as described in the Department's Local Aqency Proqram Manual, which by this reference IS
made a part hereof as If fully set forth herein Time IS of the essence as to each and every obligation under this
^ ",.."'''',....-,'''.....
"\=IICC:IJIClll
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
With the terms, conditions and specifications of this Agreement shall be in charge of each proJect.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2008
If the .Agency does not complete the project within this time period, this Agreement will expire on the last day of the
scheduied completion as provided In this paragraph unless an extension of the time period is requested by the Agency
and granted in writing by the Department prior to the expiration of this Agreement Expiration of this Agreement will be
considered termination of the project The cost of any work performed afler the expiration date of thiS Agreement will not
be reimbursed by the Department
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit. notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into thiS Agreement or
to undertake the project hereunder or to observe assume or carry out any of the proviSions of the Agreement. the Agency
will initiate and consummate, as prOVided by law, all actions necessary wit\"', respect to any such matters so requIsite.
,"."""~>~j4~"""_~~~,,.,,_~~,,,j..",~'<~..'
Fjeld Code Changed
Field Code Changed
Field Code Changed
STATI::. 01= FLORIDA DEPARTMENT O~ TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFF:CE
06/06
Page 2
2.04 Agency Funds: The Agency shall Initiate and prosecute to completion all proceedings necessary, including
federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
..05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 112,90000 This amount is based upon
the schedule of funding In Exhibit "B" The Agency agrees to bear all expenses in excess of the total cost of the project
and any deficits Involved The schedule of funding may be modified by mutual agreement as provided for in paragraph
400
3.02 Department Participation: The Department agrees to participate, inciuding contingencies, in the project cost to the
extent provided in Exhibit "B." This amount Includes federal-aid funds which are limited to the actual amount of federal-
aid participation
3.03 Limits on Department Funds: PrOject costs eligible for Department participation will be allowed only from the date
of thiS Agreement. It is understood that Department -participation In eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement: and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual approprration by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year, Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
"Jnds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the proviSions of Section 339.135(6)(a). Florida Statutes, are hereby incorporated:
"(a) The department during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which. by its terms, involves the expenditure of money In excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for perrods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (CF.R.) and 49
CFR, and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
LOCAL AGENCY PROGRAM AGREEMENT
STA-:-~ CJf-'~;_8RIO:, QEPNnlY\::~-8F TRANSP':J"TATI~'N
:,::'~-~, (l.<:C
:"qO~EC:-' I.;\Ar>.t:.G::',,1E:JT D;:cICE
:}G/OE.
::'<;-;:e2
on a:::coun1 ot any cost Incurred prior to authorization by the FH\lVA to the DepanmentlO proceed with the project 0' part
thereof Involving such :::ost (23 C FR 19 (a)) If FHVlJA or the Department determines that any amount claimed IS not
eligible, federa' participation r1",ay be approved in the amount determined to be adequately supported and the Depanrlent
shall notify the Agency In writing citing the reasons why Items and amounts are not eligible for tederal panicipation
Where correctable non,comOllance witn provISions ot law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtatned Where non-compliance IS not correctable, FHW/\ or the Department may deny participation
,1'1 Darcel or prOject costs In par; or In :Dtal
r or any a:TwuntS determined to De tnellgible for federal reimbursement tor wnlcr, tne Department has advanced payment,
the Agency shall promptlv reimburse the Depanment for all sucr, amounts within 90 aays of written notice
4.00 Project Estimate and Disbursement Schedule: Pnor to the execution of thiS Agreement, a project schedule of
lundlng shall be prepared by the Agency and approved by the Department The Agency shall maintain said schedule of
tundlng. carry out the proJect, and shall Incur obligations against and make disbursements of project funds only In
conformity With the latest approved schedule of funding for the project The scnedule of funding may be reVised by mutual
written agreement between the Department and the Agency If reVised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office No increase or decrease shall be
effective unless It compiles With fund participation requirements of this Agreement and is approved by the Department's
Comptroller
5.00 Records;
5.01 Establishment and Maintenance of Accounting Records: Records of costs Incurred under the terms of thiS
Agreement shall be maintained and made available upon request to the Department at all times during the period of thiS
Agreement and for 5 years after the final payment is made Copies of these documents and records shall be furnished to
tne Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records together With supporttng documents and records of the Agency and all subcontractors performing work on the
project ano all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs If any litigation, claim or audit is star1ed before the expiration of the 5-year penod, the records shall be retained
untl: al: litigation claims or audit findings involVing the records have been resolved
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or ItS contractors and subcontractors Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Depar1ment shall not be considered
eligible costs
5.03 Documentation of Project Costs: All costs charged to the proJect. including any approved services contributed by
tne Agency or others, shall be supported by properly executed payrolls, time records, Invoices, contracts or vouchers
eVidenCing In proper detail the nature and propriety of the charges
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually uSing the following criteria:
The administration of resources awarded by the Department to Boynton Beach
may De subject to audits and/or monltortng by the Depanment, as described in this section
MONITORING: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 21597
Flonda Statutes, as revised (see "AUDITS" below), monitoring procedures may Include, but not be limited to, on,site visits
oy Department staff, limited scope audits as defined by OMB Circular A-133, as reVised. and/or other procedures. By
enterlrlg Into thiS Agreement. the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes aeemed appropriate by the Department in the event the Department determines that a limited
scope audit of the reCipient is appropnate the recipient agrees to comply with any addittonallnstructions provided by the
Department staff to Boynton Beach regarding such audit
Boynton Beach further agrees to comply
and cooperate with any inspections, reviews. investtgations or audits deemed necessary by the Chief FinanCial Officer
ICFO) or p,udltor General
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-0'0-<10
PROJECT MANAGEMEN' OFFICE
06/05
Page <\
AUDITS
D ART I: FEDERALLY FUNDED: ReCipients of federal funds (i.e., state, local government or non-profit organizations as
efined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $500,000 ($300.000 for fiscal years ending on or before December 31,
2003) or more In Federal awards In its fiscal year, the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit 1 of this Agreement
Indicates Federal resources awarded through the Department by this Agreement In determining the Federal
awards expended in Its fiscal year, the recipient shall consider all sources of Federal awards, including Federal
resources received from the Department. The determination of amounts of Federal awards expended should be
In accordance with the guidelines established by OMB Circular A'133, as revised An audit of the recipient
conducted by the Auditor General In accordance with the proviSions OMB Circular A,133, as revised, will meet the
requirements of this part.
2 In connection with the audit requirements addressed in PART I, paragraph 1 the recipient shall fulfill the
reqUlfements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised
3 if the recipient expends less than $500,000 ($300,000 for fiscal years ending on or before December 31, 2003) in
Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, IS not required. In the event that the recipient expends less than $500,000 ($300,000 for fiscal years
ending on or before December 31, 2003) in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid
from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities).
4 Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year. and name of the awarding federal agency.
PART II: STATE FUNDED
Reclple'nts of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits
done annually using the following criteria:
I n the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 ($300.000 for fiscal years ending before September 30, 2004) in any fiscal year of such recipient, the
reCipient must have a State single or project,specific audit for such fiscal year in accordance with Section 215.97,
Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit 1 to thiS Agreement indicates state financial assistance awarded through the Department by this
Agreement In determining the state financial assistance expended in its fiscal year, the recipient shall consider
all sources of state financial assistance, including state financial assistance received from the Department. other
state agencies, and other non-state entities State financial assistance does not include Federal direct or pass-
through awards and resources received by a non-state entity for Federal program matching requirements.
2 In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 21597(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Seclion 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3 If the recipient expends less than $300,000 in state financial assistance in its fiscal year ($500,000 for fiscal years
ending on September 30, 2004, and thereafter), an audit conducted in accordance with the provisions of Section
21597, Florida Statutes, IS not required. In the event that the recipient expends less than $500,000 ($300,000) in
state financial assistance in Its fiscal year and elects to have an audit conducted in accordance with the provisions
of Section 215 97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e.,
the cost of such an audit must be paid from the recipient's resources obtained from other than State entitles).
::'E::)jli~-iM::~, C~
:L:<,10.4(,
1.'./,~,AGt[l,',::'\-' Jf-'FI:~
LOCAL AGENCY PROGRAM AGREEMENT
4 State awards are to be Identified uSing tne Catalog of State Flnanclall\sslstance ,:::SFA title afld "'Jmber aVJar8
IlumDer and year and name of '.r,e state agency awarding It
PART III: OTHER AUDIT REQUIREMENTS: :he reCipient shall follow up and take corrective action on audit findings
Preparation of a Summary Schedule of Prior Year Audit Flndlllgs, Including corrective action and current status cf the
audit findings is requlled, Current year audit findings require corrective action and status of findings
RecCJros related to unresolved audit findings, appeals or litigation snail be retained until the actlCJn is completed or the
dispute :s resolved Access to project records and audit work papers shall be given to the Department, the Department of
r:lnanclal Services. and the Auditor General This section does not limit the authority of the Department to conduct or
arrange for the conduct of addiilonal audits or evaluations of state flllanclal assistance or limit the authority of any other
state official
PART IV: REPORT SUBMISSION
Copies of finanCial reporting packages for audits conducted in accordance With OMB Circular A-133, as reVised,
and requlredDy PART I of this Agreement shall be submitted, when required by Section 320 (d), OMB Circular A.-
133 as revised, by or on behalf of the recipient directly to each of the follOWing
a) The Department at each of the follOWing address(es)
Mr Wally Majors
City of Boynton Bead',
POBox 310
Boynton Beach. f'L 33425
bj The Federal Audit Clearinghouse designated in OMB Circular A,133, as revised (the number of copies
reqUIred by Sections .320 (d)(1) and (2), OMB CircularA-133, as reVised) at the follOWing address
f'ederal Audit Clearinghouse
Bureau of tne Census
-,201 East 10'" Street
Jeffersonvilie IN 47132
c) Other Federal agencies and pass,through entities in accordance With Sections .320 (e) and (I) OMB Circular
A,133, as reVised
2 In the event that a copy of the financial reporting package required by PART I of this agreement and conducted in
accordance witr, OMB Circular A,133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section 320 (e)(2), OMB Circular A,133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Feoeral Awards oirectlv to ea~h of the following
Mr \/Vally Majors
City of Boyntor, Bea~h
POBox310
Boynton Beach, FL 33425
Ir, addition. pursuant to Section 320 If), OMB Circular ji,-133, as reVised, the reCipient shall submit a copy of \I',e
finanCia' reporting package oescribed In Section .320 (c), OMB Cir~ular /'.,,133, as reVised and any Management
l..etters Issuec by the auditor to the Department at each of the follOWing addresses
Mr Wally ~J,aJors
CITy of Boynton Beach
i~ 0 Box 310
Boynton Beach. Fe 33425
S! /I rr DI fLORID!, DEPARIMFNT OF TR/\Nspon~A 'lOr...
LOCAL AGENCY PROGRAM AGREEMENT
525-010.40
:::lROJECT MANAGEMENT OFFICE
06/06
Page 6
3 Copies of the f:nanclal reporiing package required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the follOWing'
a) The Department at each of the follOWing address(es)
(Insert mailing address(es) of officers) responsible for program oversight - Dlstnct LAP Administrator or
person designated by District.)
b) The Auditor Genera!'s Office at the following address
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4 Copies of reports or the Management Letter required by PART III of this Agreement shall be submitted by or on
behalf of the recipient direct!y to
a) The Department at each of the following address(es)
(Insert mailing address(es) of office(s) responsible for program oversight - District LAP Administrator or
person designated by Dlstnct.)
5 Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
thiS Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6 Recipients, when submitting finanCial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations) Rules of the Auditor General. should indicate the date that the financial reporting package
was delivered to the reCipient in correspondence accompanying the financial reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
f at least 5 years from the date the audit report is issued and shall allow the Department, or its designee, the state
:FO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit
documentation IS made aval!able to the Department, or its designee, the state CFO or Auditor General upon request
for a penod of at least 5 years from the date the audit report is issued, unless extended in writing by the Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel thiS Agreement for refusal by the Agency or any contractor, sub-
contractor or matenals vendor to allow publiC access to all documents, papers, letters or other material subject to the
prOVISions of Chapter 119, Florida Statutes. and made or received In conjunction with this Agreement. (Section
287.058(1) (c), FlOrida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional nght-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30 The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted 10 the Depanment no iater than October 15 of each year,
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
ST"l[ or ':LCq!~J/,JEPA;:;:TV::.:\jl 0;: Tf\!,NSPO:;~':'.1I0f\:
~2~-01C-':C
tll,r.I,3[',1~c~. GC;:ICE
C{jI06
LOCAL AGENCY PROGRAM AGREEMENT
;-,,'JE'
:I,curree s;1all be suomrtted In de:all suffcient for a proper pre-audit and posf-auel' thereJf (Section 287058(1 ;:,a), Florrda
S:a:,_nes-)
1\li ,ecrpren's of funos from tillS j.,g:eemen;,:ncludlng those contracted by tile Agency must submit bills for any travel
expenses, wnen authorized by the terms of this .Agreement. In accordance wltr, Section 112061 clorlda Statutes. and
Cr,apter 3-'Travel" 0: the Depan"nent"s Disbursement Operations Manual. Toprc 350-030-400 (Section 287058(1)(b),
!'Iarlda Sta,utes)
i after prOject comDletlor" any claim IS made by the Department resulting from an audit or for work or services performed
pursuant to thiS Agreement, the Department may offset such amount from payments cue for work or services done under
any agreement which it has with the Agency oWing such amount If. upon demand payment of the amount is not made
within 60 days ,0 the Department Offsetting any amount pursuan' to trllS Daragrapn shall not be conSidered a breach of
cont:act by tr,e Department
7.00 Department Obligations. Subject to other prOVISions hereof. the Department wi!1 nonor requests for reimbursement
\0 the Agency II' amounts and at times deemed by the Department to be proper to ensure the carrYing out of the project
and payment at tile eligible costs However notWithstanding any other prOVISlor of thiS Agreement tne Department may
elec' by notice in wilting not to make a payment I:
701 Misrepresentation: The Agency shall r,ave made misrepresentation of a materiai nature In ItS application or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
neretc,
702 Litigation: Tnere IS then pending litigation with respect to the performance by the Agency of any of ItS duties or
obligations which may Jeopardize 0: adversely affeot the proJect. the Agreement or payments to the proJect.
703 Approval by Department: The Agency shall have taken any action pertaining to the project WhiCh, under this
Agreement, requrres the approval of the Department or has made related expenditure or incurred related obligations
without navlng been adVised by the Department that same are approved:
7.04 Conflict of Interests: There nas been any violation of the conflict of interest provisions contained here In paragraph
12.06 or 1207
7.05 Default: Tne Agency has been determined by the Depanment to be in defaul: under any 0' the provisions of the
Ag reement
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
"HW.A, 0' the Department acting In lieu of t"HWA, may designate as Ineligible for federal,aid
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
Incurred by the Agenoy prior to the effective date of this Agreement or the date of authonzation, costs incurred after the
expiration of the Agreement, costs which are not prOVided for In the latest approved schedule of funding In Exhibit "8" for
'he proJect. costs agreed to be borne by the Agency or its contractors and subcontractors for not meetrng the project
ccmmencement and tlnal InVOice time lines, and costs attnbutable to goods or services received under a contract or other
aerangements wrllch r,ave no, Deen approved in writrng by the Department
70B Final Invoices: The Agency must submit the final InVOice on tne project to the Depanment wlthrn 120 days after the
complellon of the project Invoices submitted after the 120 day time penod may not be paid
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency suspend any or all
0' ItS obligations under thiS Agreement until such time as the event or condition resulting in such suspension has ceased
Dr been corrected or the Department may terminate thiS Agreement In whole or In part at any time the Interest of t'18
Depa~ment requires sucr termination
If t e Depar.ment determines that the performance of the Agency IS not satisfactory, the Deoanment shall have the option
of a) ImmediatelY terminating thiS ,Agreement or (b) suspending thiS Agreement and notifying the Agency of the defiCiency
NI' a reoulrement tnat tne defiCiency be corrected within a specified trme: otherwise thiS Agreemen' will be terminated a:
S I A-ll OF flOf{ID^ DEPAI(TMENT 0" 1 RAr-\SPORTATlmJ
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJE::T MANAGEMENT OFFI:E
06/06
PagE B
the end of such time Suspension of this Agreement will not affect the time period for completion of the project.
f the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
]ency. the Department shall notify the Agency of such termination, with instructions as to the effective date of
.;rmlnation or specify the stage of work at which the Agreement is terminated,
If this Agreement IS terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed Payment is to be on the basis of substantiated costs
8,02 Action Subsequent to Notice-ot-Termlnation or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
Include any or all of the following (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the finanCing IS to be computed; (b) furnish a statement of the projec1 activities and contracts and other undertakings the
cost of which are otherwise Includable as project costs. The termination or suspension shall be carried out in conformity
With the latesi schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
Imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The clOSing out of federal financial participation in the proJeci shall not constitute a waiver of any claim which the
Department may otherwise have ansing out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Excepi as otherwise authorized In writing by the Department, ihe Agency shall not
execute any contract or obligate itselt in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without ihe wriiten
approval of the Department. Failure to obtain such approval shall be sufficient cause tor nonpayment by the Department
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contracior and to
approve or disapprove the employment of the same.
9,02 Compliance with Consultants' Competitive Negotiation Act: it is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveYing serVices, IS contingent on the Agency's complying in full with provisions of Section
287055, Flonda Statutes. Consultants' Competitive Negotiation Act At the discretion of the Department, the Agency will
involve the Department In the consultant selection process for all projects. In all cases, the Agency's aitorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negoiiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: tt is the policy of the Department that DBE's,
s defined in 49 C.FR Part 26, as amended, shall have the opportunity to participate in the performance of contracts
,lanced In whole or in part with Department funds under this Agreement. The DBE requirements of app[icable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement In thiS regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure thai the DBE's have the opportunity to compete for and
perform contracts The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with a[1 terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require Its contractors and subcontractors to comply with, a[[ requirements imposed by applicable federal, state, and
local laws and regulations, Including the "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transactions," in 49 CFR Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying oui of any project. the Agency shall not
diScriminate against any employee or applicant for employment because of race, age, religion, color, sex, national ongin,
mi
M,~~~.t,.GE 1.1EN:
LOCAL AGENCY PROGRAM AGREEMENT
disability or rnar:tal statL.'S T:1e ,L\genc:y vIII! take affir~atlve action to ensure ~na: a::::DIlcants are employee anc tna:
eMplovees are treated during employment wltnOJt regard to their race. age rellglo" coior. gender, natlonai D'lgrr-
or marital status Sucr, action snail Include, but not be ilmlted te. the fOllowing employment upgrading, demotio"
Jr recruitment or recruitment adverlrslng, layoff or termination; rates of payor other forn'.s of compensation, anJ
selection for training. including apprenticeship Ti,e Agency sr,ali Insert the foregolllg prOVision modified only to show the
parllcular contractual relationship In all ItS contracts rr, connection with the oevelopment cf operation oi the proJect, excep:
cor,lracts fa" tr,e s;andarc commerCial supplies or raw maierials. and shall require all such contractors to Insen a slmila'
prOViSion In all suocontracts except subcontracts for standard commerCial suppi:es or raw materials When the projeD'
"wclves Installation construction, demolition, removal site Improvement or Similar 'Nork, tne Agency shall pcs:
~onsplcuous places available to employees and applicants for employment for project W8rK. notices 10 be provided by tne
Depar1rnent setting forth the prOVISions of the nond:scrimlnation clause
12.02 Title VI ' Civil Rights Act of 1964: The Agency Will comply With all tne requirements Imposec by Title VI of the
Rlgnts Act 0: 1964 tle ceguiat:ons of the U S Deoa1ment of Transportation Issued thereunder. and the assurance
='y ~~1e J\ge'1cy cursuan! theret::
"-ne
Rights
s~,all Inc:Jde prOVISions In all c8ntracts With third parties tnat ensure compliance with Title VI of tne CiVil
0: 1 964 49 C F.R Rarl 21, and related statutes and regulations
12.03 Amcricans with Disabilities Act of 1990 (ADA): The Agency will complY With all tne requirements as Imposed by
the ADA. the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto
',2.04 Public Entity Crime: 6.. person or affiliate who has been placed on the conVicted vendor list following a conViction
lor a publiC entity crime may not submit a bid on a contract to provide any goods or services to a publiC entity; may not
submit a bid on a contract With a public entity for the construction or repair of a public building or public work; may not
SUbmit bids on leases of real properly to a publiC entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of trle threshold amount prOVided In Section 287 017, Florida Statutes f8r C1\TC::30RY TWO for a period 8f 36
'l1Qnths fr8rT', 'Jle date 0' being placed on the conVicted vendor list
12.05 Discrimination: In accordance With Section 287 '134 F S., an entity or affiliate who nas Deen placed on the
Discriminatory Vendor LISt. kept by the Florida Deparlment of Management Services. may not submit a bid on a contract
18 prOVide goods or services to a public enlity; may not submit a bid on a contract with a public entity for the construction
Dr repair of a publiC building or publiC work, may not submit bids on leases of real properly to a pUblic entity' may not be
awarded or perform work as a contractor, supplier. subcontractor or consultant under a contract with any public entity. and
:nay not transact bUSiness With any publiC entity
1206 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had ItS Cerlificate of Qualification suspenced, revoked, denied or have furlher been determined
8Y tne Department to be a non'responsible contractor may not submit a bid or periorm work for the construction or repair
8f a puollc bUilding or pubilc work on a contract With the Agency
12.07 Prohibited Interests Neltner the Agency nor any of iis contractors or their subcontractors shall enter Into any
contract. suocontract or ar:angement In conneclion With the project or any properly Inciuded or planned to be ir1Ciuded In
r.rle proJec~ In whlcr, any member officer or employee of tne Agency or the loc:alrty cunng tenure or for 2 years thereafter
I',as any interest. dlrec~ Dr Indirect if any such present or former member officer or employee Involuntarily acquires or had
acquired prior to tne beginning of tenure any such Interest, and if such interest IS Immediately disclosed to the Agency, tne
p,gency. wltr, pncr approval of tne Depanrnent, may waive the prohibition contained In this paragraph prOVided that any
sucr, present member oti:cer or employee snail not par1icipate in any action by tfle Agency or trle locality relating to such
oontract. subconlract or a:rangement
COrle Agency shall Insert In all conlrac:ts entered into In connection With the proJec; or any properly Included or plannec Ie
oe InCluded In any pro:ec;, anC shall require Its contractors to Insert In each of tr,eir subcontracts trle follOWing prOVision
"No member. officer or employee of the Agency or of ~he locality during his tenure or tor 2 years
thereafter snail have an'y' Interest. direct or indirect 1~ this :ontra:; or the tyoceeds U'-lereoT "
~r,,, prOVISions of tfllS paragraph shall not be appilcable to any agreement between the .6..gency and I:S fiscal depOSitories
]I :0 3'lY agreement tor utll:ty se:Ylces tne rates jor which are fixed or controlled bv a governmental agency
S i A I E. OF ;::LOf~tOA DEPARTMENT OF rRANSPORTAT iON
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGErv'.ENT OFFICE
06106
Page 10
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom
13,00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
enVIronmental reguiatlons. for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
Individual or entity not a party to thiS Agreement
13,03 When Rights and Remedies Not Waived: in no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then eXist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist. shall In no way Impair or prejudice any right or remedy available to the Department with respect to such breach
or default
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement IS held invalid,
the remainder of thiS Agreement shall not be affected. In such an instance. the remainder would then continue to conform
to the terms and requirements of applicable law
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
approprrate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all Its officers, agents, and employees from any claim, loss, damage, cost, charge or
'xpense arrsing out of any act, error. omission or negligent act by the Agency, its officers, agents or employees during the
.Jerformance of this Agreement except that neither the Agency, its officers, agents or its employees will be liable under
this paragraph for any claim. loss damage, cost, charge or expense arising out of any act. error, omission or negligent act
by the Department or any of Its officers. agents or employees durrng the performance of this Agreement.
The parties agree that thiS clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
Similar prOVISion of law
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will Jointly discuss options In defending the claim After reviewing the claim, the Department will determine whether to
reqUire the partiCipation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this paragraph The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any nght herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will eacn pay ItS own expenses for the evaluation, settlement negotiations, and trial, if any, However, if only one
party partiCipates In the defense of the claim at trial. that party IS responsible for all expenses at trral.
13.08 Plans and Specifications: In the event that this Agreement Involves constructing and equipping of facilities on the
State Highway System. the Agency shall submit to the Department for approval all appropriate plans and specifications
covenng the project The Department will review all plans and specifications and will issue to the Agency a written
C'f
LOCAL AGENCY PROGRAM AGREEMENT
apcroVc.1 \N',tr: any' app:o\'eCJ portions of the project and ccmrnents or recorr;T1encatloriS c;over:ng any reinalflJ r 01 :rls
DCOje:' ceemed approorlate 1'Iltee resolution ot tnese com'llents and recommendalions to tne Department's sat sfactlon
:ne Depanment \Ni!i Issue iC tr:e Agency a written 3;Joroval with said remainder of the project Failure to obtain th S '/Hitten
3;Jprova: shal! be sufft:ient sa'Jse o. nonpaY;'lent by the Jepartment
13.09 Right,of,Way Certification: Upon cOMpletion of rlght-ol-way activities o~ tr,e proJect. the .I\gency must certify
corl'pilance with all apolicable feoera ard state requlren;ents Certiflcation:s reculred to advertisement lor
SOiIC,12.tlon o~ b!cs fer const:uctlor, of the prO,lec:.lnclud:ng those prOjects fo~ whicn nc is ~eaulrec
13.10 Agency Certification: ,ne Agency wil, cenlfy In wrrtrng, prior to project closeout that the project was completed
accoroance witrl applicable plans and spec'flcations. is In place on the Age'1cys facility aaeouate title IS in the !~gency's
narle. and the DrOject IS ac:epted oy the Agency as suitable fJr tne Intended purpose
13.11 Agreement Format: words used nereln In the singular form snail exte'1c I::: and Incluoe t'1e p'ural All words
usee In the olural form srlall extend to ane Include t'18 singular AI' words used In any gender sr,all exteno to and Include
3il ge:lders
~312 Execution of Agreement: This Agreement may be Simultaneously executed In a minimum of two counterparts,
eaCl 01 wr,IC,'l sa executed sl',all be oeemed to be an original and such counterparts together shall constitute one In the
some Instrumefl:
1313 Restrictions on Lobbying:
Federal: Tne Agency agrees trat r,D lederally-apprapliated funds have been palo or will be paid by or on behalf of the
1\gency ;0 any oerson for InfluenCing Dr attemotlng to Influence any officer or emoloyee 01 any federal agency, a lv1ember
0' Congress an olflcer or employee of Congress or an employee of a 1v'lemoer of Congress in connection With the
awarding 01 any federal :ontract, the making of any federal grant. the making of any federal loan. the entering into of any
cooperative agreement. and the extenSion, continuation renewal, amendment or modification of any federal contract,
grant loan or coooerative agreement
Ii any funds other than feaerally-appropnated funds have been paid by the Agency to any person for influencing or
attempting te influence an officer or emoloyee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee ot a lv1ember 01 Congress in connection with this Agreement. the undersigned shall complete
and sU.Prl:t Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance With its Instructions
T he Agency shall require tr,a; the language of this paragraph be Included in the award documents for all subawards at all
tiers (Incluoing subcontracts subgrants. and contracts under grants. loans and cooperative agreements) and that all
subreclplen:s s:lall certify and disclose accordingly
State No funds received pursuant \0 this contract may be expended for lobbying the Legislature the judicial oranch or a
s :a',e agency
13.14 Maintenance: The Agen:y agrees to maintain any project not on tne State Highway System constructed under thiS
Agreement il ti,e Agency constructs any ,mprovement or' Depanment rrght,-of-way tllc Agency (will) (will not) maintain
:hemprovements made for tr,elr usefullrfe
13.15 Vendors Rights: Vendors (in thiS document identified as the Agency) providing goods and services to the
:Jepanment should be aware of the follOWing time frames Upon receipt. the Department has 5 working days to Inspect
ane aporove the goods and services unless the bid specifications, purcr,ase order or contract specifies otnerwise The
=:epa:1ment has 20 days to jejive~ a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from me iatter 01 the date the invoice is received or the goods or services are received, inspected and
app;roved
if a payment IS not available within 40 days after receipt of the :nvolce and the receipt, Inspection, and approval of goods
ane servl:es. a separate Interest penalty In accordance With Section 215422(3)(b) Florida Statutes wi!! be due and
payable In addition to the invoice amount to the Agency interest penalties of less tnan one $1 will not be enforced unless
Ille Agency cequests payment Invoices which have to be returned to the I\gency be:ause of Agency preparation errors
Viii' iesult In a delay In the paymer,t ihe Invoice paymen' requirements do :10\ start 'Jilti! a praperly completed invoice is
cr=vldeo to the Deoar:men+.
S I :,1:' ::J~ i. ~OI.{IL;;\ ~JE ~AkTt.t e.N'1 OF T ;~M~SPOR T ,\T IOf,
525-G10-40
PRGJECT MANAGEM:;:NT OFF'CE
06/06
Pagt ~2
LOCAL AGENCY PROGRAM AGREEMENT
A Vendor Ombuosman nas been establlsr,ed within the Department of Financial Services. The duties of this individual
'ncluoe acting as an advocate for Agencies who may be expenenclng problems in obtaining timely payment(s) from the
epartmenl Tne Veneor Ornoudsman may be contacted at 850-410,9724 or by calling the State Comptroller's Hotline. 1-
JO-848-3792
IN WITNESS WHEREOF the parties have caused these presents to be executed the day and year first above written
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By
Kurt Bressner City Manaqer
Name
Title
By
Name
Title
Attest WallY Majors Recretlon & Parks Director
Tille
Attest
Title
As to form
As to form
District Attorney
Attorney
See attacrled Encumbrance Form for date of funding approval by Comptroller
I~ II :..:.~ f-
LOCAL AGENCY PROGRAM AGREEMENT
"FN 418036~ 1,38;58~0
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
C~iS exrllb't for"ns an Integral part of the .i'\greement between tne State 0: Florida, Deca:icrlent 0: Transportation and
~1ty QL3()"yntor,E3eacr~~
._-~-----'^~~._----,~----_._--~~._-
=,~tated 4/17/2087
F?OJEC-' LOCATION
',he :Jroject
,.,
U IS
o IS not on the National HI]hway System
-ne project U IS 0 IS not on ine State Highway System
PROJECT DC:SCRIPTION
S?E::::N CC)NSIDERATION BY AGC:NCY
~ he audit reportis) reqUlled In the Agreement shall Include a Schedule of Project Assistance that will reflect tne
Oepartments contract number the Financial Project Number (FPN). the Federal Authorizatlo!l Number (FAN). where
applicable. the amount of State funding action (receipt and disbursement of funds) any Federal or locai funding action.
arld the funding action from any other source with respect to the project
The Agency IS required to provide a copy of the design pians for the Department's review and approval to coordinate
perIT11lttng with the Department and notify the Department prior to commencement of any right~of~way actiVities
,rle Agency shall commence the proJect's actiVities subsequent to the execution of tnls .Agreement and shall perform In
accordance With the foliowlng schedule
a) Study to be completed by , (Phase 18 and 28 LAP Agreements)
b) Design to De completed on or Defore (Phase 38 LAP Agreements)
c) Rlght,oi-VVay reqUllements Identified and provided to the Depanment Dy . (AI! LAPs
requinng R/\/iI) (DIstrict wil! hand!e all Right-of-Way activities on LAPs, thiS date would be set by the necessary
lime frame to complete R/\/iI activities)
d) i~lg,'lt~of,VVay to be Certified pllor to advertiSing for Construction (All Phase 58 LAPS)
e) Construction contract to be let on or before (For Phase 58 :..APs,i (This date would De
prior to the end of the Fiscal Year that the Phase 58 IS programmed in FM)
Ii Construction teoe comp,eted on or before . (Pnase 58 LAP Agreements)
,f t"llS sct1eaule :.annot oe rne:, the Agency will notify t~e Departmen1 ~n writing Viltr'; a r-evlsed scheduie or the prOject IS
sU::Jject to the Withdrawal of federal fundlllg.
SPECIA_ CONSiDcf'A110NS BY De::>/\RTME~n
rUlldJr,g for tne deSign portion IS 111 the year 2005/2007 in tne amount of $",830000 Funding for me construciton porLon
is Jr, trle year 2007/2008 In tne amount of 594.50000 Upon execution of the agreement by ail parties the Department will
olovlde OI'JE EXECUTED ORIGINJlL AGREEMeNT With a "NOTICE ,0 P'~O:::c:C:C' to the Agency for the deslg~
Sll..-if: J-lOI~ll)j'. DFI'MnME:NT or TRM~SPORrATlotJ
S25-01G.4C
PI~O~'EC i M/,NAGEMENT Ori=;CE
06f05
LOCAL AGENCY PROGRAM AGREEMENT
portion only The Agellcy should not start on any design prior to the EXECUTED AGREEMENT and "NOTICE TO
PROCEED" Funding for the construction portion will not be available until after July 1,2007. After the Agency has final
liwolced on the design portion and satisfied all Federal Highway Administration and Department requirements, the
'epartment Will Issue a 2nd "NOTICE TO PROCEED" for the construction portion The Agency should not start any
onstructlon prior to the 2nd "NOTICE TO PROCEED" The Agency will only be reimbursed for costs incurred after the
executed agreement date and prior to the agreement expiration date. Any unused funds in the design portion cannot be
used for any construction actiVities and will be deleted by the Department
'J'
LOCAL AGENCY PROGRAM AGREEMENT
S'TATE Or FLORiDA DEPARTMENT ~I-
TRANSPORTATION
LOCAL AGENCY PROGRAM
AGREEMENT
EXHIBIT "B"
SCHEDULE OF FUNDING
__...-----L_._
AGi:."JCY t,.l'-fvE & BlcLING ADDRESS
:Jf Gayelor-, Beacn
P 30x 3'1 C
Bo'/r:on 8eacr FL 334:25
FPI\
~ 'I 803e,-;- 38/5 5-0 1
-~
_._.._-_._----,._--_._-~"~-'----
PROJECT :JESCRIPTION
"~2 :~lC
U_~~_l~a~i-
l engtr1
700 ! :
~-----------
IhJ~'1Q.C1_~_~i_~"';';
-_.~._~--~--~-----~---_._..-
-----~--~--"--
t:UNDING
TYPE OF WORK By Fiscal Year
rc::,"l P"l
()f~OJEC:T FUN"JS
:,::;~~~c\
F'JNOS
51 AT::: &
i=EDERAl FUNDS
f--.----------
! Design
2006 200'
"007 2008
2G08.2009
Iota: Des!gn CcSl
I =0300 DO ~==:::.
I $:8 300 00 -
$1830000
2006,2007
20072008
2000,2009
2009-2010
1 Dta! ConstructrQn C~st
$94600.00
i-~--~ i :'0'; ... -I
I--~-~'- ~ ~ --
: ______~_~_ i $94 6000Q_~____
r----
Construction
2006.2007
2007,2008
2008-2009
Total Rlght-of-VVay Cost
Rlgllt-of,Way
I~~'--
I~~==i
$94.60000
Constructlon Engineering and Inspection (GEl)
2006-2007
2007 2008
200li 2009
. 0;01 Consl,ucllOfl :.:ngrneel-lng Cas'
$94,600 00
L
$94.6GOOO
1 uta: Construct:on and CU COS1S
TOTAL COST OF THE PROJECT
$112,90000
$112.90000
The Depanment's fiscal year Deglns on July 1 For this project funds are !lO; projected to be available u:ltil after the
_ s' 0; J'uly of eacr' fiscal year ihe Department will notify 'he f\gency, In writing \',-r18n funds ace available
S I ATE OF Fi...OI~IDA Dl:.PARTMENl Of' ri<ANSPClRTAT10N
525-010-<10
::lRO~'ECT MANAGEMENT QFF,CE
05/05
LOCAL AGENCY PROGRAM AGREEMENT
Page
EXHIBIT "L"
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
Paragraph 1314 IS eXJanded by the following
The Department and the Agency agree as follows
1 Until such lime as the project is removed from the project highway pursuant to paragraphs 3 and 5 of
this LMA. the Agency shall, at all times, maintain the project In a reasonable manner and with due care In
accordance With all applicable Department gUidelines. standards, and procedures "Project Standards"
Specifically, the Agency agrees to:
a) Properly water and fertilize all plants keeping them as free as practicable lrom disease and
harmful insects:
b) Properly mulch plant beds,
c) Keep the oremlses free of weeds:
d) Mow and/or cut the grass to the proper length;
e) Properly prune all plants which responsibility includes removing dead or diseased parts of
plants and/or pruning such parts thereof which present a visual hazard for those uSing the
roadway and
f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants
that fall below onglnal "Project Standards."
The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls
below "Project Standards" caused by the Agency's failure to maintain the same in accordance with the
prOVIsions of thiS LMA, In the event any part or parts of the project, including plants. has to be removed
and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and
specification as provided In the original plans for the project Furthermore, the Agency agrees to keep
litter removed from the project highway.
2 Maintenance of the project shall be subject to periodic inspections by the Department In the event that
any of the aforementioned responsibilities are not carried out or are otherwise determined by the
Department to not be in conformance with the applicable "Project Standards", the Department. in addition
to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance
wiH10ut the need of any prior notice and charge the cost thereof to the Agency.
3 It IS understood between the parties hereto that any or the entire project may be removed, relocated or
adjusted at any time in the future as determined to be necessary by the Depanment In order that the
adjacent slate road be widened, altered or otherwise changed to meet with the future criteria or planning
of the Depanment The Agency shall be given nolice regarding such removal, relocation or adjustment
ana shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that
part of tne project it removed. After the 60 day removal period the Department will become the owner of
the unresolved portion of the project, and the Department then may remove, relocate or adjust the project
as It deems best. with the Agency being responsible for the cast incurred for the removal of the project
4 ThiS LMA may be terminated under anyone of the follOWing conditions
a) By the Department, if the Agency falls to perform its duties under this LMA following 15 days'
written notice; or
:'.:0:
'~l :~N-'
LOCAL AGENCY PROGRAM AGREEMENT
b: By eltner pany iollov/lng 60-~alerldar days vml1el' l'oil~E
Sin the everlt this __MA IS terminated II' accordance with paragraph 4 hereof. the Agency shall have 60
days af1er the date upon whl~h thiS LM!" is effe~tively terminateD to remove all or part of the remairllng
croJect at I\S own cost and expense The Ag9ncy Will ovvn that oan 01 the project It removed After the 60-
day removai period ponlon of the croJect. tne Depanrnent then may take any action Wi\:1 the pro,ect
highway or ali or pari of the project it deefT1.s best, \\'ith the.A.gency being responsible for any remo\/ai
costs Incurred
6 nl!S LMA embodies the emrre agreeme1t and understanding betweer, the parties nereto, ane there are
rlO otner agreements or understandings, oral or written, wltn reference to the subject maller hereof that
we not merged herein and superseded hereby
7 ThiS LM,L\ may not be assignee or transferree oy the Ager,cy I', wncle 0' In par: witnout ~onsent of the
Depanment
8 ThiS LMA shall be governed oy ane construeo In accordance With trle laws at the State of Florida
9 All notices, demands, requests or other Instruments snail be given by depositing the same In th,e US
Iv1all, postage prepaid, registered or certified With return receipt reeuestec or by telex or telegram
a) If to the Department. aodresseo tc
- _._._~".~~_._.._-~._-----~--~----------
or at such other address as the Department may from time to time deSignate by written notice to
trle Agency, and
h'
~)
If to the Agency, addressed to
City of Boynton Bea::;h
:::J 0 Box 310
t2.Q.Y.nton Beach. Fe. 33425
Of at such otner address as the Agency may jrom time to lime designate by written notice
10 the Departme~t
10 ThiS Uv1A, if attached as an exhloit to tne Agreement, forms ar, Integral part of the Agreement
between the parties dated
Ail lime limits provided hereunder shall run from lne date of receipt of all su::;~ notices demands. requests, and
otner Instruments
Sfh] Of- FlCJI~I[)A D'd-'AIHMEN: OJ: ~K;'NSPOR,f~TIO~
~2:,-01G-4:>
;>~OJECT MANf,GEME_"<i ::JFF',CE
06:'J6
LOCAL AGENCY PROGRAM AGREEMENT
Page
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant To This Agreement Consist Of The Following:
Federal Agency: Federa! Highway Administration
C FDA #: 20.205 Highway P!annlng and Construction
Amount: $ 113.900.00
Compliance Requirement.
Allowed Activities To be eligible, most projects must be located on publiC roads that are not functionally classified as
local The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for blldges on and off tne Federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement actiVities, the recreational trails program, and planning, research, development, and technology transfer
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of State and local priollties Within the limit of the funds apportioned or allocated to each State.
Allowable Costs: Eligible actiVities and allowable costs will be determined In accordance with Title 23 and Title 49
e,FR and the OMB cest pllnciples applicable to the recipient/sub-recipient
Eligibility: By law, the Federai-aid 11ighway program is a Federally assisted State program that requires each State to
nave a suitably equlppee and organized transportation department. Therefore, most projects are administered by or
through State Departments of Transportation (State DOTs). Projects to be funded under the Federal-aid highway program
are generally selected by State DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate
local officials, as speCified in 23 use and implementing regulations. Territorial highway projects are funded in the same
manner as other Federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to
a Slate DOT. Most Florlca Land Highway Program (FLHP) projects are administered by the Federal Highway
Administration (FHWA) Office of Federai Lands Highway and its Divisions or by the various FlOrida Land Management
AgenCies (FLMAs). Under the FLHP, projects In the Indian Reservation Road (IRR) Program are selected by Tribal
Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA Due to recent legislation, Tribal
Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA.
"he Fish and Wildlife SerVice (FWS) and the National Park Service (NPS) select projects In the Refuge Road and Park
\oads and Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the
r HWA JOintly select projects
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory reqUllements in Sections
112061 215422, 33912, and 339135, Flonda Statutes, and Title 23 and Title 49, C.F.R
'>-,=195-'~"
LOCAL AGENCY PROGRAM/FOOT NO ADDITIONAL RIGHT OF WAY CERTIFICATION
SiA--;-E OF Fl..OR1::J,A. DE;:JARTti,E~~ C:= i;:::>~Ar\SPORTATIO~
,>- '.\:..
R/W ITEtv'l/SEGMENT NO.:
418036
rViANAGING DISTRICT
IV
CONST. ITEM SEGMENT NO.: 418036
F.A.P. NO.:
STATE ROAD
DESCRIPTION
N / A
II 1 gO 3 6
BArton RprrR::Jti OTlAl Tr::Ji 1
COUNTY:
Palm ?,p::Jrn
PRErERRED LETTING DATE:
LOCAL ,AGENCY:
City of BoyntoTl ReAch
This is to certify that right of way for the above described project meets the requirements of 49 CrR., Part 24 and 23 CFR,
Part 635.309, if applicable, as well as statutory and procedural requirements for:
o Federal Construction Project
o Non-federal Construction Project
o State Highway System Project
o Non-State Highway System Project
o Scenic Enhancement Project (no construction)
as detailed below: (Check applicable items)
1. TITLE TO RIGHT OF WAY
[%l No additional right of way was require~ for this project.
2. RELOCATION ASSISTANCE
un No persons, businesses, or personal property have been or will be displaced by this project.
3, DEMOLITION OF IMPROVEMENTS
IX] No structures or improvements have been or will be removed from the right of way for this project.
RIGHT Or Wl'-,Y CERTIFICATION BY THE AUTHORIZED LOCAL AGENCY REPRESENTATIVE
~
Name (printed):
Title:
June 19, 2006
Date
Kurt Bressner
City Manager
Agency:
City of Boynton Beach
RIGHT OF WAY CERTIFICATION BY :
Date
_ District Right of Way Manager
_ .Assistant District Right of Way Manager
525-010,30
PROJ MGT. RESEARCH & DEV GFC
06/05
AGENCY Boynton
PROJECT TITLE Palmetto Green Greenways
DATE 4/13/2007
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS
An Environmental document (PCE Checklist) will be finalized prior to moving to the construction phase of this project
A preliminary peE has been completed prior to the Design.
RIGHT OF WAY AND RELOCATION
There is no Right of Way involvement or acquisition as part of this project.
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES. OR
ITS DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY
DEVELOPMENT
AGENCY
DATE
BY
(Mayor/Chairman)
LOCAL AGENCY PROGRAM (LAP)
TYPE 1 OR PROGRL\MMATIC CATEGORICAL EXCLUSION CHECKLIST
Financial ProjectlD: 418036-1-38/58-0
County: Palm Beach
Project Description: This 700 foot linear bikeway will run from the terminus of
the Palmetto Greens Greenway Phase II south the Galaxy Scrub through Barton Park.
This pathway will replace the existing side\'valk to provide a \vide lane that will
accommodate bikers as well as hikers.
Local Traffic Patterns
The bikeway will affect local traffic patterns, property access, pI' planned community
grow1h. Community cohesiveness will be enhanced \vith the development of a safe,
attractive bikeway that can used instead of biking on streets.
Air Quality and Noise
All air, noise and water quality impacts are non-existent.
Coast Guard Permit
A Coast Guard Permit is not necessary as this project is not through a watervv'ay.
Flood Plan Encroachments
There are no flood plain encroachments.
Threatened or Endangered Species
There are no endangered or threatened species 111 the area, The Office of Environmental
Services of the Florida fish and Wildlife Conservation Commission conducted a review
and site visit in January 2002 for potential impacts to listed species. 1\0 listed species
were found on the site. They concluded that construction ofthe proposed trail \vauld not
impact any listed species. (Letter Attached)
Right-of-\Vay
There will be right-of-way required for the project.
Business and Residential Relocations
No business or residential relocations are required,
Section 4(i)
Section 4(0 is not applicable to the project.
Section 106 of the National Historic Preservation Act
In December 2001, the Florida Department of Transportation conducted a review of the
Barton Memorial Park and determined that no archaeological sites or historic strictures
were identified. No further archaeological or historic investigation was recommended.
(Letter Attached).
Contamination
No contamination impacts are anticipated as a result of this project.
Public Hearing
Public hearings were help with the surrounding neighborhood. Participants were
supportive of this project as it is a continuation of the Palmetto Green Linear Park and
will connect a large neighborhood to the elementary school that services that area without
having to put the children on the streets.
Permits
All applicable permits will be obtained prior to construction
Park Impacts
The bikeway will follow the same route as an existing sidewalk through Barton Park.
The expanded bikeway will enhance the park by allowing safer use of the bikeway by
bikers and hikers. This agreement is being sought by the City of Boynton Beach
Recreation and Parks Department which manages all city parks, one of which is Barton.
Additionally, the City of Boynton Beach Recreation and Parks Advisory Board has
endorsed the bikeway. (Letter Attached) The property was acquired from FDOT
specifically for this purpose.
FINDING:
This project has been evaluated and has been determined to meet the conditions as set
forth in the PD&E Manual, Part 1, Chapter 3; therefore:
This project is a Type 1 Categorical Exclusion under (23 CFR 771.117rfd) effective
November 27, 1987.
Package prepared by:
LAP Reviewer:
lody Rivers, Parks Superintendent
P. O. Box 310
Boynton Beach, FL 33425
April 17,2007
FDOT Concurrence:
-~--
District 4 Environmental Administrator
Date:
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
JULIE K. MORRIS
Sarasola
DAVID K. MEEHAN
St. Petersburg
H.A, "HERKY" HUFFMAN
DtllOl\8
JOHN D, ROOD
Jacksonvill~
QUINTON L. HEIJGEPETH, DDS
Miami
ElDWIN P. ROBERTS, DC
P~nsAcola
l\ODNE'i B.ARRETO
Mlaml
ALLAN L. BGBERT, Ph.D., Executive /lirector
VlCTOR J, HELLER, AS$I$I~l1l E~eeutive Director
OFFICE OF ENVlRONMRNTA.L SERVICES
255154"' Avenue
Vero well, PL 32968
(561) 778.5094 SunGom :1.40-5094
FAX (561) 778.7227 SunColl1 240-7227
January 16,2002
Mr. John F. Wildncr
Parks Director
City of Boynton Beach
P.O. Box 3 J 0
Boynton Beach, FL 33425~0310
Re: Proposed Park Trail
Dear Mr. WHdner;
'.
,
The Office of Environmental Services of the Florida Fish and Wildlife Conservation
Commission has conducted a review and site visit with you of the proposed trail through a two
acre historic scrub community located between 1-95 and Northwest 5th Street for potential
impacts to listed species. The site was historically a sand pine scrub and still contains numerous
sand pines and scrub oaks, but is extremely overgrown with exotics including Brazilian pepper
and vines. No listed species were observed on this site. Construction of the proposed trail will
not impact any listed species and, if coupled with exotic vegetation removal and other scrub
rehabilitation, the site would provide improved habitat for wildlife including the gopher tortoise,
a state species of special concern.
If you have any questions, or need any additional information, please feel free to call me,
Sincerely,
~~
Stephen R. Lau
Biological Administrator
ENV 2-3-2
S RL:j s
620 south Meridian Street' Tallllhllssee . FL' 32399-1600
www,florld8conservatlon.org
JEB BUSH
GOVERNOR
,HCtv1AS F B,",~RY
SE C;:; ET.t.PV
Florida Department of Transportation
DIST?JCT FOL"K.- RJGi:-': OF 'F.:;"';' AD\11NISlR'\TIC')'i
34001,1/. (orn:ntr<::"i Bivd IT ~.~Jderdale, FL ??JCC;
(954::- 7'7:~233 - ?,~,)~ ~,J' ~7!~=61
F ACSIlYIILE
To: Debbie :\1ajors From: Tracy Glansen
Fax: 561-742-6238 Phone: 954-777-4233
Phone: Date: December 10, 2001
Re: Summary Pages: 2
Debbie:
I photo copied the summary page from the historical and archeological survey report
we had done.
nus should be sufficient enough for you; however, if you need more information let
me know. lljanks!
Executive Summary
This report presen~s the results of a cultural resource r8connajs~ance of the
proposed Barton Memorial Park Jurisdictional Roadway Transfer (JRT) in
Boynton Beach, Palm Beach County, Florida. The Florida Department of
Transportation (FDOT), District Four, is in the process of transfernng this
property from State jurisdictional responsibility to the City of Boynton Beach
FDOT has requested this investigation be performed to ensure this action will not
affect any archaeological sites, historic structures, and historic features listed, or
determined elIgible for listing in the National Register of Historic Places (NRHP)
The Barton Memorial Park contains Barton Memoriai Park Cemetery (8PB9639), a
small African-American cemetery located east of Interstate 95 and west of 5th Street.
This small cemetery contains 19 marked and an undetermined number of unmarked
graves. Unused since 1983, this cemetery is well maintained and appropriately
marked None of the individuals interred in this cemetery are nationaJly or regional
prominent individuals, nor does this cemete!)' meet any of the four basic criteria or
any of the special criteria used by the NRHP for the evaluation of cemeteries and
graves (Potter and Boland 1992). This cemetery is not considered eligible for listing
in the NRHP.
No archaeological sites or historic structures were identified within the project's APE
during the background investigation. This was confirmed during a pedestrian sUNey
of the area, The proposed Barton Memorial Park RJT project will not affect any
historic resources listed in, or determined eligible, for listing in the NRHP No further
archeological or historic investigation is recommended for this project.
The City of
Boynton Beach
.__._---~.._-_._---~._~-~-----_._----
Recreation Department
Administration
P,Q. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6224
FAX: (561) 742-6233
May 11,2004
Metropolitan Planning Organization
160 Australian Avenue
West Palm Beach, FL 33406
To \Vhom It May Concern:
On behalf of the City of Boynton Beach Recreation and Parks Department Advisory Board, I wish to
convey our support of the Barton Memorial Park Greenway/Bikeway expansion. This expansion will
provide a safe and natural pathway linking to a community recreation center, park, municipal pool and
two elementary schools. In addition, this section of greenway takes travelers past a historical i\frican
American burial ground and through a natural scrub site.
The City is in the process of adopting the Greenways & Bikeways Master Plan, which includes Barton
Memorial Park; your financial support will enable us to begin turning our plan into reality. We thank you
for your consideration.
Sincerely,
a'Zexj~~ L{~'
Elizabeth Pierce, Chairperson
Recreation & Park Advisory Board
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
- ~~Ol Cun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDO (561) 697.2574
:vIaiEng Address: P,O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
LAN 08
April 30, 2003
MAY
2 Z003
Mr. John Wildner
Deputy Director
City of Boynton Beach
Recreation & Parks Department
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Dear Wildner:
Subject: Use of District Canal 16 Right of Way for Palmetto Green Park
This is in response to your request for comment on the City of Boynton Beach's
expansion of the Palmetto Green Park from Seacreast Boulevard westerly to 1-95.
As you know, the existing segment of the park running easterly from Seacrest
Boulevard was constructed within the right of way for Canal 16 (C-16) and resolved.
many long term issues with regard to the area residents dumping and otherwise
misusing the canal right of way. The City's path, fishing pier, beautification and other
improvements have benefited both the community by providing a recreational
opportunity for the residents and have also helped the District by reducing the area that
we must mow and maintain.
The South Florida Water Management District remains supportive of extending this co-
use of the C-16 south right of way where the District retains its proprietary interest on
the right of way to perform emergency maintenance operations, and the community is
able to have a scenic corridor with pedestrian and bicycle access that provides
recreational opportunities for all ages.
We look forward to continuing our relationship with the City with the construction of the
additional path, overlook/fishing pier, landscaping and other facilities as authorized by
the District in 2001.
Sincerely,
,/ I I f)JJ /yJZ
/" t! ' ~ bar(CJ---
~ ~
lLJ,.
Thomas L. Fratz
Director
Right of Way
TLF/cs
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.l
VI.-CONSENT AGENDA
ITEM C.G
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0
0 May], 2007 April 16,2007 (Noon) 0
C8J May 15,2007 April 30, 2007 (Noon) 0
0 June 5, 2007 May 14,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
June 19,2007
June 4, 2007 (Noon)
July 3, 2007
June 18,2007 (Noon)
July 17,2007
July 2, 2007 (Noon)
-0
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August 7, 2007
July] 6,2007 (Noon)
o
-J
:x
:PO'
-<
0 Announcements/Presentati ons 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
I .
N
RECOMMENDATION:
Approve Amendment] of Task Order no. U04-] 4-02 with Mathews Consulting for an amount not to exceed $667,843
for the purposes of designing, permitting, bidding, inspecting and providing services during construction for the Phase
] Reclaimed Water System.
EXPLANATION:
]n February of this year Mathews Consulting completed the study portion of the Supplemental Phase 1 Reclaimed
Water System Plan. In this proposed work phase, Mathews Consulting will be authorized to provide services for the
design, permitting, observation and project management of a 24-inch diameter water main that will be extended from
the existing main located at the intersection of Congress Ave. and Golf Road eastward, connecting to a 12-inch
diameter main that will progress northward to serve the coastal zone. The new mains will be sized to meet future
phases in the eastern portion of the service area, and have the potential for providing aquifer recharge in the vicinity
of the City's eastern wellfield.
Work approved for Mathews Consulting under the original task order includes completing a grant application for up
to 50% of the construction cost from the South Florida Water Management District. That task is not altered by this
amendment, and work is progressing on the application
PROGRAM IMPACT:
This portion of the Wastewater Reclaimed Water System will benefit the City in several ways, as follows:
. Allow for redirection of the treated water now disposed via the ocean outfall to the beneficial use of landscape
irrigation and/or aquifer recharge,
. Decrease demands on the potable water system in the coastal zone,
. Improve the City's bargaining position for increased water allocations from the surficial aquifer, by replacing
up to 1 MGD the daily irrigation demand from other sources, and creating up to 5 MGD of aquifer recharge
through rapid infiltration with reclaimed water.
FISCAL IMPACT: (Include Account Number where funds will come from)
The estimated costs for this task order amendment are not to exceed $667,843, which is available in the Capital
Improvement Budget (account no. 403-5000-590-96-] 1; project REU 00]). The total estimated cost to construct the
project, excluding engineering costs, is $6.3 million.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
~\.,.!o".
t... ........ \
.t.........?'....} :::
0\ t_. f(,i
).."'-", ",/'1"
'V 1"0 N'~0""
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
· Delay implementation of the improvements recommended under the Supplemental Phase] Reclaimed Water
System Plan
· Dispose of most treated wastewater effluent via a new deep injection well, year round.
· Abandon opHnn 0 I:~a~ed;" by eon,'eneH.g :ee);m~:n';on 'y'tem.
Department Head's Signature ~ger's Signature
UTILITIES
Department Name
'" Assistant to
~
xc: Peter Mazzella (w/copy of attachment)
Barbara Conboy
Michael Low
Christopher Roschek
Finance Dept.
City Attorney
File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF AMENDMENT 1 TO TASK ORDER
6 NO. U-04-14-02 IN AN AMOUNT NOT TO EXCEED
7 $667,843.00 TO MATHEWS CONSULTING, INC., FOR
8 THE PURPOSE OF DESIGNING, PERMITTING,
9 BIDDING, INSPECTING AND PROVIDING SERVICES
10 DURING CONSTRUCTION FOR THE PHASE 1
11 RECLAIMED WATER SYSTEM; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14
15 WHEREAS, on February 28, 2006, the City Commission approved via Resolution
16 R06-054, Task Order U04-14-02 with Mathews Consulting, Inc., for the purpose of
17 developing the Supplemental Phase 1 Reclaimed Water System Plan; and
18 WHEREAS, the amendment provides the scope of work, schedule, fees for data
19 , collection, design, permitting, bidding and construction administration and inspection
!
20 services for the Phase I Reclaimed Water System; and
21 WHEREAS, the City Commission of the City of Boynton Beach upon
22 recommendation of staff, deems it to be in the best interest of the citizens of the City of
I
23 Boynton Beach to approve and authorize execution of Amendment No. 1 to Task Order
24 U04-14-02 in an amount not to exceed $667,843.00 to Mathews Consulting, Inc.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida does
S:\CAIRESOlAgreements\Task - Change Orders\Mathews - Amendment 1 to TO U04-14-02.doc
hereby approve and authorize execution of Amendment No, 1 to Task Order U04-14-02 in
2 an amount not to exceed $667,843.00 to Mathews Consulting, Inc., for the purposes of
3 developing the Supplemental Phase I Reclaimed Water System Plan.
Section 3.
This Resolution shall become effective immediately upon passage,
4
5
PASSED AND ADOPTED this _ day of May, 2007.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27
28 Janet Prainito, City Clerk
29
30
31
32 (Corporate Seal)
33
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S.ICAIRESOlAgreementslTask - Change OrderslMathews - Amendment 1 to TO U04-14-02.doc
TASK ORDER NO. U04-14-02 (AMENDMENT No.1) - PHASE I RECLAIMED WATER SYSTEM
Task Order No. U04.14.02 (Amendment No.1)
Phase 1 Reclaimed Water System
A. Background
In February 2007, Mathews Consulting completed the "Supplemental Phase I Reclaimed Water
System Plan", which identified the pipeline sizing and routing to serve the Phase I area. Refer to
Attachment 1 for description of the Phase I Reclaimed Water System.
This Amendment No.1 to Task Order No. U04-14-02 provides the scope of work, schedule, and fees
for data collection, design, permitting, bidding and construction administration and inspection
services for the Phase I Reclaimed Water System.
B. Scope of Services
The Engineering Services of Mathews Consulting, Inc. (CONSULTANT) shall include the following
tasks:
. Task 1 - Data Collection
. Task 2 - Design
. Task 3 - Permitting
. Task 4 - Bidding
. Task 5 - Services During Construction
. Task 6 - Resident Project Representative Services
The specific scope of services to be provided by CONSULTANT in this Task Order Amendment
includes the following:
Task 1 . Data Collection
Subtask 1,1
Topographical Survey
CONSUL T ANT shall furnish the services of a professional surveyor to provide survey services
consisting of field topography and horizontal locations referenced by baseline stationing. This
control will be referenced from the Palm Beach County Control Network, which is the North
American Datum of 1983 on the 1990 adjustment. All existing facilities and utilities within the full
right-of-way of the design limits will be referenced by baseline station with an offset distance (left or
right) from the baseline for the project and will include the following:
1. Topography survey at 100-foot intervals and at major ground elevation changes to depict
existing ground profile at proposed project area. All topographical surveys shall have
stationing established from south to north and west to east where applicable. This shall be
accomplished by creating a baseline in the field to collect pertinent data which shall include
the following:
a.
Location of all visible fixed improvements within the right-of-way (including 10-feet
back on each side of the right-of-way) of the project limits, including physical
objects, roadway pavement, driveways, sidewalks, curb, trees, railway tracks, canals,
4/2/2007
~ MATHEWS
CO~~.Y!I!~St.:~;
TASK ORDER NO. U04-14-02 (AMENDMENT No.1) - PHASE I RECLAIMED WATER SYSTEM
bridges, 1-95, signs, fences, power poles, buildings, and other encumbrances.
including point of curvature and point of tangency,
b. Location of all known above and below ground existing utilities: FP&L, BellSouth.
Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants.
and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe
diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs).
Storm Sewers (pipe diameter, manhole inverts and direction, catch basins. and
rim/grate elevations), and all other accessible structures.
This will include coordination with Sunshine, City of Boynton and Palm Beach
County.
c. Identify platted rights-of-way (including bearing and distances for centerline), lot
numbers, house address, ownership lines (per property tax information provided by
City), block numbers and dedicated easements.
d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline
grades, edge of pavement grades and shoulder grades, low points and all right-of-way
lines, Intermediate grades shall be indicated at all grade breaks, driveways and
sidewalks,
e. The survey shall include topography of the complete intersection, 50 feet beyond
radius returns, at the intersection end of each street.
f. Provide and reference benchmarks at maximum 600-foot intervals, Elevations to be
referenced to an existing established City or County Benchmark.
2. CONSUL T ANT shall "ground truth" the survey by walking the site and comparing the
completed survey with existing conditions.
3. The above topographical survey data will be prepared in AutoCAD (Version 2005) format at
a scale of 1"=20'. The CAD drawing shall also include:
· Location of soil borings.
· Location of utility pot holing.
Subtask 1.2
Geotechnical
CONSUL T ANT shall furnish the services of a professional geotechnical engineer to provide
subsurface investigations (data shall be incorporated into the design documents) of the project area
that will include:
. Perform up to twenty (30) standard penetration test (SPT) borings to an average depth of fifteen
(15) feet.
· Perform up to six (8) standard penetration test (SPT) borings to an average depth of 40 feet. This
data is required for the design of the directional drill across CSX Railway & 1-95. and the jack
and hore{s) across FEC Railway.
· Perform up to twelve (12) standard penetration test (SPT) borings to an average depth of 30 feet,
This data is requiredfor the design of the directional drill across Palm Beach County Roadways.
· Evaluate field data collected and provide geotechnical engineering evaluation report (signed and
sealed).
4/2/2007
2
~ MATHEWS
CO~~Yb~SLI,~:
TASK ORDER NO. U04-14-D2 (AMENDMENT No.1) - PHASE I RECLAIMED WATER SYSTEM
Subtask 1.3
Field Verification
CONSUL T ANT shall furnish the services of a professional underground services company to provide
underground field locations of affected existing utilities. The work shall consist of measuring and
recording the approximate horizontal, vertical, width and depth data of affected utilities within the
project limits. It is estimated that approximately one-hundred (100) utility locations will need to be
pot-holed. The cost of providing the professional underground services company will be treated as a
utility allowance with an authorized upper limit.
Task 2 . Design Services
The CONSULTANT will provide professional engineering services to the CITY for the installation of
new Reclaimed Water Mains within the project area. The work will include preparation of Drawings
and Specifications to be used for bidding and construction.
Subtask 2.1
Utility Coordination
Coordination with utility agencies (electric, phone, gas, cable TV, and fiber optics, etc.) shall be
performed to collect record information. This Subtask includes reconciling apparent discrepancies
between record information and existing photographic and field-verification information.
CONSUL T ANT shall also meet with (I) FDOT concerning the construction method for crossing 1-
95, (2) Palm Beach County concerning the construction method for crossing County Roads and
Bridges, (3) LWDD concerning the construction method for crossing Canal E-4, and we will
coordinate by telephone with CSX Railway & FEC Railway concerning the construction method for
crossing their railroad tracks. Note: both Railway Companies are located in Jacksonville, Florida.
Subtask 2.2
Design Drawings
Preparation of construction documents shall include contract drawings and technical specifications.
Contract drawings shall include: cover sheet, general notes, plan/profile drawings, aerial bridge
crossing drawings, directional drill drawings, jack and bore drawings, and miscellaneous detail
sheets. The drawing scale shall be I-inch equals 20 feet for pipeline plan and I -inch equals 2 feet for
pipeline profile. CONSUL T ANT shall prepare the engineering design elements on topographic
survey information in an AutoCAD release 2005 format and the layering system for design elements
shall be CONSULTANT's standard. Drawings shall be submitted for CITY review at 30%,60% and
100% stages. CONSUL T ANT shall meet with the CITY to discuss comments, and incorporate
comments into final documents. CONSULTANT shall furnish with the 100% design drawings, one
(1) set of AutoCAD Version 2005 files in electronic format on CD.
Subtask 2.3
Technical Specifications
Specifications are to be prepared by CONSULTANT for bidding purposes for the reclaimed water
main and the Front-End Contract Documents are to be prepared by the CITY. Specifications shall be
submitted for CITY review at 30%, 60% and 100% stages. CONSUL T ANT shall meet with the
CITY to discuss comments, and incorporate comments into final documents. These documents are to
reflect the following:
· Contract Documents will use the CITY's existing "Front-End" conditions modified by the
CITY as appropriate for this project. Division I through 16 technical specifications will
~ ~~~,~~,~t~~;
4/2/2007
3
TASK ORDER NO. U04-14-02 (AMENDMENT No.1) - PHASE I RECLAIMED WATER SYSTEM
utilize the CITY's master specifications modified by CONSULT ANT as appropriate for the
project.
Subtask 2.4
Construction Cost Opinion
An opinion of probable construction cost will be prepared for the 30%, 60% and 100% drawings and
specifications. The cost estimate format will be consistent with the bid proposal tabulation sheet for
the project. The cost opinion will be provided to the CITY during the 30%, 60% and 100% design
reVIews.
Subtask 2.5
Design Workshop Meetings
CONSULTANT shall attend one (1) kick-off meeting and four (4) design workshop meetings with
the CITY and provide a written summary of the issues discussed. Based on the fast-track schedule all
CITY design comments for each submittal review will need to be provided to CONSULTANT at the
design workshop meetings in order for the project to stay on schedule.
Subtask 2.6
Quality Assurance
CONSULT ANT shall provide internal QAlQC reviews on the 30%, 60% and 100% Design
Documents (e.g. drawings, specifications, and cost estimates).
Task 3. Permitting
During the Design Phase the CONSULT ANT shall meet with the potential permitting and other
interested agencies to determine all potential design permitting requirements. Agencies anticipated to
have interest in the project include:
. FDEP (addition of large user for reclaimed water)
. Palm Beach County (work within PBC road rights-of-way & bridge crossing)
. L WDD (aerial bridge crossing for the E-4 canal)
. CSX Railway (work within CSX Railway rights-of-way)
. FEC Railway (work within FEC Railway rights-of-way)
. FDOT (work within 1-95 rights-of-way)
Permit applications shall be completed for each of the permIttmg agencies. Associated permit
application fees shall be determined by CONSULTANT and paid by CITY. Services do not include
preparing permit application for SFWMD construction dewatering permit (Contractor will be required
to secure this permit if needed for construction).
In addition to preparing the permit applications for appropriate agencies, CONSULTANT shall assist
CITY in consultations with the appropriate authorities. Consultation services shall include the
following:
. Attend up to one (I) pre-application meeting with the staff of each regulatory agencies.
. Attend up to one (I) meeting with each of the regulatory agencies during review of the final
permit applications.
. Respond to request(s) for additional infonnation from each regulatory agency.
4/2/2007
4
MATHEWS
~ CO~~Yb~9,:~
TASK ORDER NO. U04-14-02 (AMENDMENT No.1) - PHASE I RECLAIMED WATER SYSTEM
Subtask 3.1
FOEP Permitting
CONSUL T ANT shall prepare and submit FDEP permit application for Addition of Large User for
reclaimed water.
Subtask 3.2
Palm Beach County Permitting
CONSUL T ANT shall prepare and submit Palm Beach County permit application(s) for work within
Palm Beach County right-of-ways. We anticipate that there will be three (3) separate permits (Golf
Road, Seacrest Road, and Woolbright Road). A permit will also be needed in order to attach to the
Palm Beach County bridge that crosses the E-4 canal.
Subtask 3.3
LWOO Permitting
CONSULTANT shall prepare and submit LWDD permit application for aerial crossing over the E-4
canal. CONSUL T ANT assumes that we will be attaching the reclaimed water main to the existing
bridge.
Subtask 3.4
CSX Railway Permitting
CONSUL T ANT shall prepare and submit CSX Railway permit application for work within CSX
Railway rights-of-way.
Subtask 3.5
FEC Railway Permitting
CONSUL T ANT shall prepare and submit FEC Railway permit application(s) for work within FEC
Railway rights-of-way.
Subtask 3.6
FOOT Permitting
CONSUL T ANT shall prepare and submit FDOT permit application for work within FDOT (e.g. 1-95)
rights-of-way. A separate permit will also be required for crossing Federal Highway.
Task 4 . Bid Phase Services
Bid phase services to be performed by the CONSULTANT will be consistent with the guidelines in
the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project
Management Team, " provided by the CITY and will include the following:
Subtask 4.1
Bid Advertisement
Prepare Contract Document packages (i.e. drawings and specification) for CITY advertisement and
bidding purposes. Drawings to be full size (22" x 34") format. It is anticipated that work will be
awarded under two separate construction contracts (Contract #1 - directional drill under CSX
Railway and 1-95; Contract #2- all other construction work).
4/2/2007
5
~ MATHEWS
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TASK ORDER NO. U04-14-02 (AMENDMENT No.1) - PHASE I RECLAIMED WATER SYSTEM
Subtask 4.2
Distribute Bid Documents
Distribute copies of the Contract Documents to the prospective bidders. The cost for production of the
contract documents will be borne by the bidders through purchase of the construction plan from
CONSULTANT. Maintain records of the plan holders list and provide a copy of the list to the CITY
on a weekly basis.
Subtask 4.3
Pre-Bid Conference
CONSUL T ANT shall prepare agenda and conduct pre-bid conference with interested contractors and
CITY staff. CONSULTANT shall prepare and distribute meeting minutes,
Subtask 4.4
Bid Clarification
Respond to questions from prospective bidders and suppliers. CONSUL T ANT shall issue addenda
and shall provide supplemental information or clarification as appropriate, to interpret, clarify, or
expand the bidding documents to all prospective bidders during the bid period. Technical information
for up to three addenda is assumed in the budget for Bid Phase Services.
Subtask 4.5
Contract Award
CONSUL TANT shall attend the bid opening, review bid packages received, prepare bid tabulation
sheet and recommend award.
Task 5 - Services During Construction
The specific SDC phase services to be provided by the CONSULTANT include the following:
Subtask 5.1
Pre.Construction Conference
Prepare agenda and conduct pre-construction conference with selected Contractor and CITY staff.
Prepare and issue written minutes of meeting,
Subtask 5.2
Submittal Review
Review Shop Drawing and Product submittals for general conformance with the design intent and
provisions of the Contract Documents. Review of up to 50 submittals is included in the budget for
SDC phase services. Additionally, CONSULTANT will only review any rejected shop drawings once
following revisions by Contractor for compliance with the approved plans and specifications.
Subtask 5.3
Monthly Meetings
Attend construction progress meetings every month and provide a written summary of the issues
discussed. Project meetings will be conducted by the Project Manager with the Resident Observer
also in attendance. Following the meeting, the Project Manager will prepare and distribute meeting
minutes to the City and other attendees. Meetings will be held at the City of Boynton Beach Utilities
Department. Seventeen (17) progress meetings are included in the budget for this task.
4/2/2007
6
~ ~~~Yt~g",~~
TASK ORDER NO. UD4-14-02 (AMENDMENT No. 1)- PHASE I RECLAIMED WATER SYSTEM
Subtask 5.4
Pay Estimate Review
Review monthly payment applications submitted in a format acceptable to the CITY.
CONSUL T ANT shall verify the quantities as represented on the pay request and make a
recommendation to the CITY to proceed, with the payment as requested, or as modified based on
CONSULTANT review. A 13-month construction period is assumed in budgeting these tasks.
Subtask 5.5
Construction Clarifications
Respond in writing to Contractor's Request For Information (RFI) regarding the design documents. If
excessive (as determined by CONSULTANT and CITY) RFI's are requested, then additional fees
will be required (in accordance with our hourly rates).
Subtask 5.6
Construction Changes
Prepare and negotiate Change Orders (CO) and Field Change Directives (FCD) during the I3-month
construction period. For the purpose of this task order, it is assumed that up to 3 CO and 15 FCD will
be prepared during the 13-month construction period.
Subtask 5.7
Periodic Field Inspections
CONSULTANT's Project Manager will visit the project site an average of 10 hours a month for the
thirteen (13) month construction time frame.
Task 6. Resident Project Representative Services
The Resident Project Representative Phase services to be provided by the CONSULTANT include
the following:
Subtask 6.1
Inspections
Provide a full-time (40 hours/week) Resident Project Representative (RPR) during the construction of
the work in a total period of not-to-exceed thirteen (13) months for the construction contract.
Activities performed under this task consist of furnishing a RPR during the construction of the
project, to observe the quality of the construction work, and to determine, in general, if the
construction is proceeding in accordance with the contract documents so that an engineering
certification can be made regarding the construction of the proposed improvements. The RPR shall:
· Serve as CONSULTANT's liaison with construction contractor, working principally through
the contractor's construction manager and assist him in understanding the intent of the
contract documents.
· Conduct on-site observations of the work in progress to assist in determining if the work is
proceeding in accordance with the contract documents and that completed work conforms to
the contract documents. Report, in writing, whenever CONSULTANT believes that work is
unsatisfactory, faulty or defective, or does not conform to the contract documents, or does not
meet the requirements of inspections, tests or approval required to be made, or has been
damaged prior to final payment.
4/2/2007
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~ MATHEWS
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TASK ORDER NO. U04-14-02 (AMENDMENT No 1) - PHASE I RECLAIMED WATER SYSTEM
. Accompany visiting inspectors representing public or regulatory agencies having jurisdiction
over the project. Record, in writing, the outcome of these inspections and report same to
CITY.
. Consider and evaluate construction contractor's suggestions for modifications in drawings or
specifications and report them to CITY, in writing. CONSULTANT shall make
recommendation for action by the CITY,
. Observe all flushing and pressure testing of the piping.
. Assist the Contractor in coordinating all required density testing, etc. as required by the
Construction Documents.
. Review work progress at key steps to allow certifications to the L WOO, CSX Railway, FEC
Railway, FOOT and PBCHD that work was completed in substantial conformance with the
Contract Documents.
Subtask 6.2
Substantial and Final Inspection
In conjunction with CITY staff, make preliminary and final inspections and assist in the preparation
of a Contractor "punch list" to achieve Substantial Completion. Review completion of identified
punch list items to assist in the determination that Substantial Completion has been achieved by the
Contractor. CONSULTANT shall be involved with the project through Contractor Closeout. Advise
the CITY that Final Acceptance of the project has been reached in accordance with the Contract
Documents.
Subtask 6.3
Certification of Construction Complete
CONSUL T ANT shall certify to PBC, L WOO, FOOT, CSX Railway, and FEC Railway based on
visible project features, CONSULTANT's inspections and review of testing reports that the project
was constructed in accordance with the plans and specifications submitted in the permit applications.
LIMITATIONS OF AUTHORITY
Except upon written instructions of CONSULTANT, Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or approve any substitute
materials or equipment.
2. Shall not exceed limitations on CONSULTANT's authority as set forth in the Contract
Documents.
3. Shall not undertake any of the responsibilities of Contractor, Subcontractors or
Construction Manager, or expedite the Work,
4. Shall not advise on or issue directions relative to any aspect of the means, rnethods.
techniques, sequences or procedures of construction unless such is specifically called for
in the Contract Documents.
5. Shall not authorize Owner to occupy the Project in whole or in part.
4/2/2007
8
~ MATHEWS
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TASK ORDER NO. UD4-14-D2 (AMENDMENT No.1) - PHASE I RECLAIMED WATER SYSTEM
C. Assumptions
In addition to, the work items discussed above, the following assumptions were made in establishing
the scope of this Task Order and associated fee. Changes and/ or modifications in the above work
items or these assumptions are considered an Additional Services Item under the terms of the
contract. Assumptions include:
1. The scope and budget are based on the design, permitting and construction of a reclaimed water
main only. If additional underground utilities are added to the project, an Amendment to this
Task Order will be executed for this work.
2. The design will include crossing the CSX Railway. The CSX Railway allows both directional
drill and jack and bore methods for crossing their railway tracks. However, they have the
discretion of not allowing directional drill and only requiring jack and bore. This design will
utilize directional drill since we also have to cross underneath 1-95. If for some reason,
directional drill is not allowed, an Amendment to this Task Order will be executed for designing
the jack and bore.
3. The design will include crossing 1-95. This will be designed utilizing directional drill.
4. The design will include crossing FEC Railway. This will be designed utilizing jack and bore.
5. The design will include crossing Palm Beach County roadways. These will be designed by
directional drill methods and/or open-cut methods. The method of crossing will be as directed by
Palm Beach County.
6. CITY will provide CONSULTANT available record drawings of existing facilities and proposed
facilities within the project area.
7. CITY personnel will assist in field verification of affected existing CITY utilities. This includes
painting the locations of water mains & services, raw water mains, sanitary sewers and
laterals, and force mains in the field for the surveyor in a timely manner.
CITY shall also televise sanitary sewer system in project area and provide CONSULTANT with
locations of any sanitary sewer laterals in project area.
8. The CITY will provide CONSULTANT an electronic version of "front end" contract documents
in MICROSOFT "WORD" version format.
9. Surveying and legal work necessary to prepare document for and to secure easements (temporary
for construction and/or permanent) required for installation of the piping and improvements is the
responsibility of the CITY.
10. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically
incorporated onto the drawing files. Two sets of signed and sealed RECORD drawings by Florida
Registered Surveyor will then be submitted by the Contractor to the CITY. One set of RECORD
drawings will be provided to CONSULTANT for submittal to PBCHD.
II. CONSULTANT will attend up to three public meeting or hearing regarding the project.
12. Construction RPR hours are based on 13 months of actual construction (Monday through Friday)
(275 working days) at 8 hours per day, for a total of 2,200 man-hours. Weekend work and/or
night-time .work is not included in this scope and budget, an Amendment to this Task Order will
be executed for this type of additional working hours.
13. The CITY is responsible for all permitting fees, including costs of public notification in local
newspapers.
4/2/2007
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~ MATHEWS
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TASK ORDER NO. U04-14-02 (AMENDMENT No 1) - PHASE I RECLAIMED WATER SYSTEM
14. The CITY will provide Mathews Consulting, Inc, an electronic version of latest CITY standard
details in AUTOCAD Version 2005 format. CONSUL T ANT shall prepare specific Reclaimed
Water Main details for this project.
15. The design does not include survey work for verification of horizontal and vertical alignment of
existing utilities within the project area. Utility location will be developed based upon the best
information available from the owning utilities and information developed by the CITY, The
design fee does not include survey work for establishing horizontal and vertical alignment of new
utilities either during design or during SDC.
16. The Contract Documents will be prepared as two separate contracts (Contract # 1 - Directional
Drill under CSX Railway and 1-95; Contract #2 - all other construction work). No pre-purchase
of materials and/or equipment is presumed.
17. A single bidding effort is assumed for each Contract #1 and #2. Re-bidding of the project(s) is
considered an Additional Services item.
18. The design is to be based on the federal, state and local codes and standards in effect at the
beginning of the project. Revisions required for compliance with any subsequent changes to those
regulations is considered an Additional Services Item.
19. Total Roadway Reconstruction is not included in this Task Order.
20. Contractor will be required to secure any dewatering permits,
21. Scope of work assumes reclaimed water meter box will be brought to each user's property line,
Scope does not include running reclaimed water lines on the user's property or negotiations with
the user's for hookup to the system.
22, Scope of work does not include development of reclaimed water ordinances, reclaimed water rate
structure or reclaimed water agreements for the City,
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the Agreement
for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton
Beach and Mathews Consulting, Inc.
E. Additional Services
The following are examples of some specific Additional Services Items that may be required, but are
not included within this Amendment. Generally, a condition contrary to the work description in
Section B or assumptions of Section C (upon which the design fee is based) is considered an
Additional Services Item. Examples include:
1. Additional supervision or construction observation in excess of that specified in this Task Order,
2. Additional permitting assistance in excess of that identified in this Task Order.
3, Construction phase services are based on an estimated thirteen (13) month construction period
from the time of the contractor notice-to-proceed to final inspection. If the period of construction
is extended, additional time and expenses will be necessary,
4/2/2007
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MATHEWS
~ CO~~.Yk~S{,:~
TASK ORDER NO U04-14-02 (AMENDMENT No 1) - PHASE I RECLAIMED WATER SYSTEM
4, Assisting the CITY in the settlement of construction contract claims,
5, field verification (horizontal or vertical) of existing utilities identified as being within the
immediate area of the proposed pipeline.
6, Additional regulatory agency responses beyond the first response to an agency incompleteness
and/ or additional information request.
7, Development of property descriptions of easements, road right-of-ways, etc. Preparation of right-
of-way or casement boundary surveys,
8, Threatened or endangered species and species of special concern permitting or relocation work.
9, Archeological/Historical preservation permits, studies, or reports,
10, Surveying, flagging, or other work necessary to secure tree removal permits from the City,
County, or other jurisdictions.
11. The presence of any soil or groundwater contamination may require additional design fees to
accommodate the existing site conditions,
These and other services can be provided, if desired by the CITY, under separate Task Order(s) or by
an amendment to this Task Order. Services performed will be on an as- directed basis in accordance
with a written Notice to Proceed from the CITY,
F. Obligations of the CITY
1, The CITY shall provide the CONSULTANT in a timely manner, record data and information
related to the sewer system, water distribution system, raw water system, stormwater system and
streets within the project as necessary for the performance of services specified herein, This
includes painting the locations of the water mains and services, raw water mains, sanitary sewers
and laterals, force mains, and storm water facilities in the field for the surveyor within 10 calendar
days of Notice- to-Proceed,
2, The CITY shall review all drawings and other documents presented by CONSULTANT; obtain
advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review
and render decisions pertaining thereto within reasonable time so as not to delay the services of
CONSUL T ANT.
3, With assistance by CONSULTANT, as described herein, the CITY, as applicant shall obtain
approvals and permits from all governmental authorities having jurisdiction over the project. The
CITY is responsible for the payment of all permit application fees,
G. Compensation
Compensation by the CITY to the CONSULTANT for all tasks will be on a Not-to-Exceed (time
utilized) basis in accordance with the above mentioned Agreement. The estimated compensation for
the services described in this Task Order is $667,843,00 as shown in Table 1 below and detailed in
Attachment 2,
4/1 0/2007
11
~ MATHEWS
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TASK ORDER NO. U04-14.02 (AMENDMENT No.1) - PHASE I RECLAIMED WATER SYSTEM
TABLE 1: LABOR AND EXPENSE SUMMARY
Labor Labor Expenses Total Cost
Hours Cost
Task 1 - Data Collection 68 $ 7.800 $ 133,168 $140,968
Task 2 - Design 2.215 $ 205.805 $ 5,700 $ 211,505
Task 3 - Permitting 200 I $ 22,960 $ 1.350 $ 24,310 1
Task 4 - Bidding 1 ~ ') $ 15,860 $ 1.000 $ 16,860 I
)~
Task 5 - Services During Construction 620 $ 70,200 $ 1,350 $71,550 I
Task 6 - Resident Project 2.291 $ 175.150 $ 2,500 $ 177,650 I
Representative (RPR) I
Utility Location Allowance I $25,000 $25,000
Totals 5,546 $ 497.775 $ 170,068 $ 667,843
H. Schedule
The completion dates for this work will be as follows (starting at time that CONSULTANT receives
the hardcopy of the executed Contract).
Engineering Services Time per Phase Cumulative Time
Task 1 - Data Collection 12 weeks 12 weeks
Task 2 - Design 24 weeks 20 weeks
Task 3 - Permitting 8 weeks(J) 20 weeks
Task 4 - Bidding 8 weeks 26 weeks
Task 5 - Services During Construction 52 weeks 102 weeks
Task 6 - RPR 52 weeks 102 weeks
(1) Estimated, based upon usual regulatory agency review period.
I. Oeliverables
TASKS DELIVERABLES QUANTITY
2 Construction Documents 30% Drawings & Specs 4 - Sets (22" x 34")
60% Drawings & Specs 4 - Sets (22" x 34") !
100% Drawings & Specs 4 - Sets (22" x 34")
Cost Estimate (iiJ 30%,60% and 100% 4 - Sets
3 Permitting Permit Application Package(s) 4- Sets Each Permit
4 Bidding Bid Sets 20 - Sets (22" x 34")
5 Construction Documents City Sets 4 - Sets (22" x 34")
Contractor Construction Sets 6 - Sets (22" x 34")
.-
4/2/2007
12
~ MATHEWS
COJ:'l,~Yh~SC~~
TASK ORDER NO. U04-14-02 (AMENDMENT No.1) - PHASE I RECLAIMED WATER SYSTEM
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner
City Manager
Dated this
day of
,2007.
SUBMITTED BY:
Rene L. Mathe
President
Dated this ~ day of
Mathews Consultin
By:
~
1/
,2007.
4/2/2007
13
~ MATHEWS
Co~v~~~gng:~:
ATTACHMENT 1
Phase I Reclaimed Water System
Section 4
Phase I Plan Recommendations and Cost Evaluation
The recommended Phase I Reclaimed Water System pipe sizing and routing is shown in Figure
4-1. The distribution piping is sized to accommodate the targeted Phase I reclaimed water users,
as well as up to 6.5 mgd of future reclaimed water users. Under the proposed plan, there is no
requirement for a booster pump station to serve the future system, as long as the treatment
facility provides a residual pressure of 70 psi at the plant site property line.
It is important to note that the existing reclaimed water trunk line along Congress Avenue does
not have sufficient capacity to serve all future reclaimed water users. Prior to complete build-out
of the reclaimed water system to serve the future 6.5 mgd of customers, a 24-inch parallel line
will need to be installed adjacent to the existing 30-inch and 24-inch reclaimed water mains
which extend from Hunter's Run on Congress Avenue to Quail Ridge on Woolbright Road. The
time period in which the parallel line is required is dependent on the sequence and schedule in
which the future users are connected. Two (2) 24-inch tie-in locations should be provided at the
intersection of Congress Avenue and Golf Road during the Phase I improvements to facilitate
connection of the future upstream and downstream parallel lines.
The estimated preliminary capital costs for design and construction of the Phase I reclaimed
water system are listed in Table 4.1. All costs are presented in Year 2007 dollars and do not
include land acquisition or easement costs. The system was modeled to provide reclaimed water
delivered to a service point location at or near the property. The cost estimates do not include
the distribution system internal to the properties. Also, the lines are sized to provide a minimum
of 40-50 psi delivered at the service point. Costs to re-boost the water (to provide additional
pressure at the delivery point) are not included in these estimates. Additional cost estimate
assumptions are provided in Appendix C. A detailed cost opinion will be further developed as
the final design of the individual components progresses.
Mathews Consulting
4-1
Section 4
Table 4.1
Phase I Reclaimed Water System
Engineer's Opinion of Preliminary Probable Capital Costs
Item Estimated Unit Extended
No. Description Unit Quantity Price Cost
General Conditions
1 Site Mobilization/Demobilization (5%) LS 1 $245,872.00 $245,872.00
2 Bonds and Insurance (2%) LS 1 $98,348.00 $84,000.00
3 Maintenance of Traffic (2%) LS 1 $98,348.00 $98,348.00
4 As-Built Record Drawings LS 1 $20,000.00 $20,000.00
Subtotal General Conditions $448,220.00
Reclaimed Water
5 Clearing and Grubbing LS 1 $85,000.00 $85,000.00
6 Miscellaneous Restoration LS 1 $75,000.00 $75,00000
7 24" RWM - Golf Road R-O-W (open-cut) LF 6,700 $150.00 $1,005,000.00
8 24" RWM - Golf Road/Congress Avenue (directional drill) under PBC Road LF 300 $350.00 $105,000.00
9 24" RWM Aerial Canal Crossing (LWDD E-4 Canal) - bridge attachment (150') LS 1 $30,000.00 $30,000,00
10 36" RWM (casing pipe) - Golf Road (directional drill) under CSX RR & 1-95 LF 1200 $1,000.00 $1,200,000.00
11 24" RWM (carrier pipe) - Golf Road (directional drill) under CSX RR & 1-95 LF 1200 $400.00 $480,000.00
12 12" RWM - Seacrest Road R-O-W (open-cut) LF 3,289 $85.00 $279,565.00
13 12" RWM - Golf Road/Seacrest Road (directional drill) under PBC Road LF 200 $250.00 $50,00000
14 12" RWM - Seacrest RoadlWoolbright Road (directional drill) under PBC Road LF 300 $250.00 $75,000.00
15 12" RWM - SE 12th Avenue R-O-W (open-cut) LF 3,500 $85.00 $297,500.00
16 24" RWM (casing pipe) - SE 12th Avenue (Jack & Bore) under FEC RR LF 100 $800,00 $80,000.00
17 12" RWM (carrier pipe) - SE 12th Avenue (Jack & Bore) under FEC RR LF 100 $200.00 $20,000.00
18 12" RWM - SE 4th Street R-O-W (open-cut) LF 2,035 $85.00 $172,975.00
19 8" RWM - SE 4th Street R-O-W (open-cut) LF 1,500 $70.00 $105,000.00
20 8" RWM to serve Caloosa Park (open-cut) LF 1,500 $70.00 $105,000.00
21 8" RWM - Congress Avenue (directional drill) to serve Caloosa Park LF 300 $200.00 $60,000,00
22 6" RWM to serve Bethesda Service Center LF 1,000 $55.00 $55,000.00
23 6" RWM - Congress Avenue (directional drill) to serve Bethesda Service Center LF 300 $200.00 $60,000.00
24 6" RWM - Woolbright Road R-O-W to serve B,B. Cementary/Ball Field (open-cut) LF 1,200 $55.00 $66,000.00
25 6" RWM to serve Snug Harbour (open-cut) LF 1000 $55,00 $55,000.00
26 6" RWM to serve Sterling Village (open-cut) LF 600 $55,00 $33,000.00
27 6" RWM to serve Boynton Beach Civic Park (open-cut) LF 1,200 $55.00 $66,000.00
28 Connect to Existing 36" RWM EA 1 $30,000.00 $30,000.00
29 Connect to Existing 30" RWM EA 2 $25,000,00 $50,000.00
30 Connect to Existing 24" RWM EA 1 $21,000,00 $21,000.00
31 Connect to Existing 16" RWM EA 1 $18,000.00 $18,000.00
32 24" Butterfly Valves EA 9 $3,000.00 $27,000.00
33 12" Butterfly Valves EA 15 $2,000.00 $30,000.00
34 8" Gate Valves EA 6 $1,500.00 $9,000.00
35 6" Gate Valves EA 12 $1.200.00 $14,400.00
36 Air Release Valve & Vault (both ends of directional drill under CSX RRII-95 EA 2 $7,500.00 $15,000,00
37 6' x 6' Precast Meter Vault w/ flow meter, valves, piping and fittings EA 14 $10,000.00 $140,000,00
Subtotal Reclaimed Water $4,914,440.00
Allowances
38 Video Allowance LS 1 $4,000.00 $5,000.00
39 Undefined Underground Condition Allowance LS 1 $100,000.00 $100,000.00
40 Landscaping Allowance LS 1 $20,000,00 $20,000.00
41 Irrigation System Replacement Allowance LS 1 $20,000,00 $20,000,00
Subtotal Allowances $145,000.00
Total Construction $5,507,660.00
Contingencies (15%) $826,149.00
Enaineerina Costs (12%) $660,919.20
GRAND TOTAL $6,994,728.20
Mathews Consulting
4-2
o"~"~,".",'~"",~,,,".~_,,,,,,.,,,.,,,...,~.,.,,^,'
ATTACHMENT 2
Fee Table
Ci(l' of Boynton Beach
Task Order No, U04-14-02 (Amendmellt Ao. 1)
Phase I Reclaimed Water System
Proiect Summan Fees
Labor ClassificatIon and Hounv Rates
Senior
Pnncrpal Senior Field Resident Senior Cadd AdmIn Sub-
Engineer Engineer Repres Inspector Eng Tech DesIgner Support Total Consultant Reimbursable
Task No. Task Description $130 $120 $94 $75 $85 $80 $50 Labor Services Expenses
1 Data Collection
1,1 Topooraphlcal Survev 8 16 16 $4.320 $98,062
1,2 Geotechnical 4 8 $1,480 $23,000
1,3 Field Verification 8 8 $2,000
Subtotal 20 32 0 0 16 0 0 $7,800 $121,062
Desion ..--
2
2,1 UliIitv Coordination 16 8 $3.040 S200
2,2 Desian Drawinas
30% Desian 35 80 175 175 $43,025 $1,500 $300
60% Desion 50 100 280 280 $64,700 $1.500 $300
100% Desian 35 100 280 280 $62,750 $1.000 S300
2,3 Technical Specifications -~
30% Desion 20 25 $3,850
60% Desion 20 25 S3,850 $50
100% Desian 40 35 $6,950 $50
2,4 Construction Cost Opinian 20 40 8 $7,800
2,5 Desion WOr1<shoD Meetinos 16 24 8 $5,360 $50
2,6 Qualitv Assurance 24 16 $4,480
Subtotal 276 352 0 0 751 735 101 $205,806 $4,000 $1,300 _~
3 Permittino
3,1 FDEP Permittino 8 4 $1,240 $50
3,2 Palm Beach Countv Permittino 8 16 8 $3.360 $500
3,3 LWDD Permittino 8 8 4 $2.200 $200
3.4 CSX Railwav Permittino 40 6 $5,500 $200
3,5 FEC Railwav Permittino 40 6 $5,500 $200
3,6 FOOT Permittina 30 8 6 $5.160 $200
.--
Subtatal 134 32 0 0 0 0 34 $22,960 $1,350
4 Biddino ,-
4.1 Bid Advertisement 24 10 $3.620 S1.000
4,2 Distribute Bid Documents 8 8 16 $2,800 .,- ._--~
4,3 Pre-Bid Conference 10 10 .-...- 6 $2 800 . "-,.-.--
4,4 Bid Clarification 12 12 6 $3.300
4.5 Cantract Award 16 8 6 $3.340
Subtotal 70 38 0 0 0 0 44 $15,860 .~
5 Services Durina. Construction . .----- . --.--
.-
5.1 Pre-Construction Conference 12 12 8 6 $3,900 $50
5.2 Submittal Review 40 60 40 $14,400 $500 .
5.3 Monthlv Meetinas 60 60 20 $16,000 $200
5,4 Pay Estimate Review 50 $6,500 $200
5.5 Construction Clarifications 40 $4,800 -----
5.6 Construction Chances 70 6 $8,700 $200
5.7 Periodic Field Insnections 130 6 $15,900 $200
Subtotal 162 372 0 8 0 0 78 $70,200 $1,350
.- -.--
6 Resident Proiect Representative Services
6.1 Inspections 2200 3 S165,150 S2.000
6,2 Substantial/Final Inspections - Prepare "punch list" 16 16 _._,----~_._.- 8 $4.400
6.3 Certificate of Construction Completion 40 8 $5.600 ..- -~
Subtotal 56 16 0 2.200 0 0 19 $175,150 $2,500
.-.---
--
Labor Subtotal Hours 718 842 0 2.208 767 735 276
Labor Subtotal Costs $93.340 $101,040 $0 $165.600 $65.195 S58,800 $13,800 $497,775 $125,062 57.500 __
Labor Total Costs $497,775 1--"
--
Subconsultant Casts Total $125.062 . .
Subconsultant Multiolier 11
Subconsultant Total $137,568 .- -.-.------- 1----- ..-- ---..~----~~--
Utility Location Allowance S25.000
Reimbursable Exoenses $7,500
Proiect Total $667,843
Attachment 2
Mathews Consulting, Inc
ATTACHMENT 3
Project Schedule
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tJ
VI.-CONSENT AGENDA
ITEM C.7.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon,) 0 June 19, 2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon)
IKI May 15, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
LJ June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION:
Authorize approval and the Mayor's signature for a Right-of-Way Warranty Deed granting Palm Beach County a
former lift station parcel adjacent to Old Boynton Road.
EXPLANATION:
This parcel of land, consisting of approximately 920 square feet, previously contained an active sewage lift station
owned and operated by the City. That lift station has now been replaced by a new lift station constructed on the
Boynton Town Center property. The subject site is therefore no longer required for utilities purposes, and should be
relinquished to the County.
PROGRAM IMPACT:
None. The former lift station has been abandoned, and replaced by a new station.
FISCAL IMPACT: (Include Account Number where funds will come from)
None
AL TERNA TIVES:
CO"4O Rm~;dquare foot pa....l, w;th ""''' uo beoefit
Department Head's Signature
UTILITIES
Department Name
City anager's Signature
Assistant to City Manager ~
City Attorney / Finance
XC: Peter Mazzella (w/copy of attachment)
Michael Low
Christopher Roschek
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
City Attorney (w/copy of attachment)
File
"
1 RESOLUTION R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING THE MAYOR
5 AND CITY CLERK TO EXECUTE A RlGHT-OF-
6 WAY WARRANTY DEED CONVEYING PROPERTY
7 TO PALM BEACH COUNTY; AND PROVIDING AN
8 EFFECTIVE DATE.
9
10
11 WHEREAS, the parcel of land, consisting of approximately 920 square feet,
12 previously contained a n active sewage lift station which was owned and operated by the
13 City of Boynton Beach; and
14 WHEREAS, That lift station has now been replaced with a new lift station
15 constructed and the subject site in no longer required fro utilities purposes and should be
16 relinquished to the County; and
17 WHEREAS, upon the recommendation of staff, the City Commission deems it to
18 be in the best interests, safety and welfare of the citizens and residents of the City of
19 Boynton Beach to authorize the Mayor and City Clerk to execute the Right-of- Way
20 Warranty Deed conveying a former lift station parcel which is adjacent to Old Boynton
21 Road.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are true and correct and are
25 hereby ratified and confirmed by the City Commission.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida,
27 hereby authorizes the Mayor and the City Clerk to execute the Right-of- Way Warranty
28 Deed conveying to Palm Beach County a former lift station parcel adjacent to Old
S:\CA \RESO\ROW Warranty Deed,doc
2
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II
Boynton Road, a copy of which Warranty Deed is attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of May, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
ATTEST:
Commissioner - Carl McKoy
Janet Prainito, City Clerk
(Corporate Seal)
S:\CAIRESO\ROW Warranty Deed,doc
Prepared by;
Michael A. Schroeder, Esq.
SCHROEDER AND LARCHE, P.A.
120 East Palmetto Park Road, Suite 150
Boca Raton, Florida 33432
(561) 241-0300
Property Control No. 08-43-45-20-00-000-0091
RIGHT-OF-WAY WARRANTY DEED
THIS RIGHT-OF-WAY WARRANTY DEED made this _ day of ,2007,
between CITY OF BOYNTON BEACH, a Florida MunicipaJ corporation, having its principal
place of business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435,
hereinafter called the Grantor, and PALM BEACH COUNTY, a political subdivision ofthe State
of Florida, whosemailingaddressis301N.OliveAvenue.Suite 601, West Palm Beach, Florida
33401, hereinafter called the Grantee.
WITNESSETH: That Grantor, for and in consideration ofthe sum ofTen ($10.00) Dollars
and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains,
sells and conveys unto Grantee and Grantee's successors and assigns forever, all that certain land
situate in Palm Beach County, Florida, to-wit:
See Exhibit "A" attached hereto and made a part hereof
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
THIS CONVEYANCE IS MADE SUBJECT TO ad valorem real property taxes and
assessments for the year 2007, and applicable zoning and other land use laws, ordinances, regulations
and restrictions and the matters described on Exhibit "B" attached hereto and made a part hereof.
S:\7\CLlENTS\SEMBLER\CITY LIFT STA TION CONVEY ANCEIDEED CITY COUNTY LFT STA OLD BOYN.wpd
AND Grantor does hereby fully warrant the title to said land and will defend the same against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
in our presence:
CITY OF BOYNTON BEACH
a Florida municipal corporation
Print Name
By:
Mayor
Attest:
Print Name
City Clerk
(GRANTEE)
STATE OF FLORIDA
)
) ss:
COUNTY OF PALM BEACH
)
The foregoing instrument was acknowledged before me this day of .
2007 by and Mayor and City
Clerk respectively of the City of Boynton Beach, a Florida municipal corporation, on behalf of the
City. They are personally known to me or have provided
as identification.
Notary Public, State of Florida
My Commission Expires:
My COmmission Number:
My Notary Seal:
S:\7\CLlENTSISEMBLER\ClTY LIFT STATION CONVEY ANCE\DEIo CITY COUNTY LIT STA OLD BOYN.wpd
EXHIBIT "A"
LEGAL DESCRIPTION FOR LIFT STATION PARCEL OB-04A
A parcel ofland being a portion of the Unnumbered Lot adjacent to Lake Bessie as
shown on the plat of PALM BEACH-MIAMI LAND AND DEVELOPMENT
COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH,
RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the public Records of Palm
Beach County, Florida, said parcel being more particularly described as follow:
COMMENCE at the Southwest comer of the Southwest One-Quarter (114) of said
Section 20, Township 45 South, Range 43 East;
THEN CE on a grid bearing of NO 1022' 46"W along the West line of said Southwest One-
Quarter (114) of said Section 20 a distance of 1222.48 feet to he centerline of Old
Boynton Road;
THENCE N89048' 57"E along said centerline of Old Boynton Road a distance of 1192.54
feet;
THENCE NOooll '03"W a distance of20.00 feet to a point on the North right-of-way line
of said Old Boynton Road, said point also being the POINT OF BEGINNING;
THENCE NOo040'57"E a distance of20.00 feet to a point on a line 20.00 feet North of
and parallel with the North right-of-way line of said Old Boynton Road;
THENCE N89048'57"E along said parallel line a distance of 46.01 feet;
THENCE SOo040'57"W a distance of20.00 feet to a point on the North right-of-way line
of said Old Boynton Road;
THENCE S89048'57"W along said North right-of-way line a distance of 46.01 feet to the
POINT OF BEGINNING;
Said parcel situate with the City of Boynton Beach, Palm Beach, County, Florida
containing 920.11 Square Feet :1:.
EXHffiIT B
PERMITTED EXCEPTIONS
I. Restrictions, covenants, conditions, dedications, easements and other matters as contained on the Plat of
Sections 29 and 20, Township 45 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book
7, Page 20
2. Aerial Easement in favor of Florida Power & Light Company recorded in Official Records Book 3231, Page
644.
3. Rights of Reverter as contained in Quit Claim Deed recorded in Official Records Book 2223 Page 752, of the
Public Records of Palm Beach County, Florida
All of the foregoing recorded in the Public Records of Palm Beach County, Florida, the
recital hereof shall not serve to reimpose same.
S:\1'CUENTS\SEMBLER\CITY LIFT STATION CONVEY ANCE\DB!d CITY COUNTY LFT STA OLD BOYN.wpd
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~tIon .Iq 7~ U South. IffInp -fJ EtIIt,'
1IiE1i<< on " ~ Nwing fII NOI'U'H"W ",." . ....., ",. of HIlI SDuthwut
o..-Quwtr (1/4) or HId $ftltIon ZO tI *Iwrt1. 01 IJtJt.1I.46 fHt to th. w~
of (IItJ Bo,ntoIr RDotJ..
7HDtCI; NIIIl'''''6re ."." .,.", ~ 01 fJtr/ .."." RofIfI fI lI'rdMft of
1/g:I.lU (H",
MNcIt NfXJ"1I'tU'W fI t61iMft ., Ml(J() IWt ttI {I po/nI Oft 1M ~_...
AI. ., wit! DId """'.1bo4 -.Id /IMn' ttIH HIttg 1M "/I'DINr tJr
1HDfCE NOfT4D'tJrE . ~ of ZtI,()(J ,..., Ie II po/IIt Mil" Ml(lf} fHt NfN1Ir
or mid "..,., lIIIYh ~ NMtIt tt,/It--of-... "". of ftJtI DId ~ RoIItII
THENcr NIItlo",'$7Y .", _ ".,.., IN " ~ of _0' fNI/
1HENCE stJfJ'1lJ'IIrw II ~ ., MI.(J(J ,.., 10 " pofnI on II>> /IIwtII "vh/-oI-wy
1In. ., Nfd DItI "."., IlNct
7Ht1tr:E S6"46'6rW ~"'" NtNtIt fft//It-oI-8'qJ1 IIH tI .~ of 4A01 '--, to
"." I'OINr Of' ~
Sold /IIRWI ~ ..... u. Q'ty of Bo)tItctn IIwIm. 1Wm IIHt:h c;wm~ Iforldo.
COIfItJilNtw ftft1.1, $... I"NI ~
Oo\tc
In'
SHtET 2 O/" 2
S:\4\COMMONWEALTH\HARTMAN\CITY OF BOYNTON LIFT STATION\O&E Lift Station. doc
Schroeder & Larche, PA
120 East Palmetto Park Road, Suite 150
Boca Raton FL 33432
(561) 241-0300
FAX: (561) 241-0798
Commonwealth Land Title Insurance Company
OWNERSHIP AND ENCUMBRANCE REPORT
Order No: 51317163CA
Customer Reference No: 1891-001S/Sembler/Boynton Lift Station
This will serve to certify that Conunonwealth Land Title Insurance Company has caused to be made a search of the Public Records of
Palm Beach County, Florida, ("Public Records") as contained in the office of the Clerk of the Circuit Court of said County, from
August 10, 1973 through April 2, 2007, at 8:00 a.m., as to the following described real property lying and being in the aforesaid
County, to-wit:
See attached Scanned Exhibit "A"
As of the effective date of this Report the apparent record fee simple title owner(s) to the above described real property is/are:
City of Boynton Beach, as evidenced by that certain Quit Claim Deed recorded in Official Records Book 2223, Page 752. of the
Public Records of Palm Beach COWlty, Florida, for the City of Boynton BeachILift Station Parcel.
The following liens against the said real property recorded in the aforesaid Public Records have been found:
1. NONE
NOTE: THE FOLLOWING ITEMS ARE EXCEPTIONS THAT WOULD OTHERWISE BE SHOWN ON A POLICY IF
ISSUED, THIS IS FOR INFORMATIONAL PURPOSES ONLY:
a) Restrictions, covenants, conditions, dedications, easements and other matters as shown on the Plat of SECfIONS 29 AND
20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, page 20, of the
Public Records of Palm Beach County, Florida.
b) Easement as set out and reserved in Official Records Book 3231, Page 644, of the Public Records of Palm Beach County,
Florida.
Public Records shall be defined herein as those records currently established undef the Florida Statutes for the pwpose of imparting
constructive notice of matters relating to feal property to purchasers for value and without knowledge.
This Report shows only matters disclosed in the aforesaid Public Records, and it does not purport to insure or guarantee the validity or
sufficiency of any documents noted herein; nor have the contents of any such documents been examined for references to other liens
or encumbrances. This Report is not to be construed as an opinion, warranty, or guarantee of title, or as a title insurance policy; and its
effective date shall be the date above specified through which the Public Records were searched. This Report is being provided for the
use and benefit of the Certified Party only, and it may not be used or relied upon by any other party. This Report may not be used by a
Commonwealth Land Title Insurance Company agent for the purpose of issuing a Commonwealth Land Title Insurance Company title
insurance commitment or policy.
S;\4\COMMONWEALTH\HARTMAN\CITY OF BOYNTON LIFT STATlON\O&E Lift Station. doc
In accordance with Florida Statutes Section 627.7843 the liability Commonwealth Land Title Insurance Company may sustain for
providing incorrect infonnation in this Report shall be the actual loss or damage of the Certified Party named above up to a maximum
amount of$ 1 ,000.00.
IN WITNESS WHEREOF, Commonweokb Land Tille """'_ Company lau "m'ed Ibis Report to be is""'d in 'ccmdance wilb ita
By-Laws.
Commonwealth Land Title Insurance Company
BY: SCHROEDER AND LARCHE, P.A.
Authorized Agent
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
(Originally Scheduled for June 5)
VI.-CONSENT AGENDA
ITEM C.8
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon,) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2,2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to approve and execute by resolution Task Order #U07-1-1 to Arcadis, for professional
engineering services related to the East Water Treatment Plant Chlorine Conversion Project for
$67,634.00.
EXPLANATION:
On July 17, 2006, Task Order U06-1-1 approved Arcadis to prepare an Infrastructure
Rehabilitation Evaluation of the East Water Treatment Plant (EWTP). The objective of
rehabilitating the EWTP is to assure functional and reliable service until 2020. Four phases were
defined to implement this objective: Phase I - Analysis and Report; Phase II - Design & Permit;
Phase III - Bidding; and Phase IV - Construction. Arcadis completed Phase I and submitted the
report to Utilities on February 7, 2007. The report addresses several areas of concern including
repairs to existing equipment, plant structure and replacement of specified existing equipment.
PROGRAM IMPACT:
At this time, City staff recommends we move forward with Task Order #U07-1-1 to provide
engineering services for Phase II - Design and Permitting to replace the existing gaseous chlorine
system with bulk sodium hypochlorite.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
(Originally Scheduled for June 5)
Environmental Protection Agency (EP A) regulations have become more stringent regarding the
use of gaseous chlorine, and replacement of the existing gaseous chlorine system with the
installation of a bulk sodium hypochlorite system designed to meet or exceed EP A regulations.
Using a bulk sodium hypochlorite system would eliminate the need to store gaseous chlorine at the
EWTP without compromising current disinfection properties while decreasing operational costs.
The most important advantage for conversion to a bulk sodium hypochlorite system is the
protection of City residents from the accidental release of chlorine gas. Other components for
rehabilitation of the EWTP will addressed in the near future.
Task Order U07-1-1 includes Alternative A for Phase III - Bidding, if the City decides to publicly
bid the project. Subsequently, Phase IV - Construction costs will be negotiated separately if
needed.
FISCAL IMPACT:
Funds are available in Utilities account #403-5000-590-96-10 WTR112. Terms and conditions
under Request for Qualifications #065-2821-03/CJD for consulting and engineering services were
approved by the City Commission on 11/18/03 and renewed on 2/13/06. The engineers' Opinion of
Probable Cost for construction is approximately $350,000.
T ASK ORDER APPROVED AMOUNT
U06-1-1 July 17,2006 $ 24,500.00
U07-1-1 June 5, 2007 Agenda $ 67,634.00
TOTAL $ 92,134.00
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
(Originally Scheduled for June 5)
AL TERNA TIVES:
The replacement of the existing gaseous chlorine system would protect City residents from
possible chlorine gas release and satisfy EP A regulations before they are mandatory. The
alternative would be to delay the installation of a bulk sodium hypochlorite system, face increased
equipment costs in the future, and not realize potential operational cost savings.
.(~~
;...-- Kofi Boateng, Utilities Director
k
Kurt Bressner, City Manager
~
Carisse LeJeune, Assistant to City Manager
Utilities Department
Department Name
City Attorney / Finance
Attachment - Three (3) Original Task Orders #U7-1-1
bc: Kofi Boateng, Utilities Director
Michael Low, Deputy Utilities Director
Pete Mazzella, Deputy Utilities Director
Chris Roschek, Engineering Division Manager
Paul Fleming, Sr. Project Manager
Barb Conboy, Manager Utilities Admin/Finance
Project File
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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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 April 17, 2007 April 2, 2007 (Noon,) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
o
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RECOMMENDATION: :x O:z:
Motion to approve and execute by resolution Task Order #U07-1-1 to Arcadis, for pr09ssiQijel
engineering services related to the East Water Treatment Plant Chlorine Conversion PrJlec~
$67,634.00. :J:
EXPLANATION:
On July 17, 2006, Task Order U06-1-1 approved Arcadis to prepare an Infrastructure
Rehabilitation Evaluation of the East Water Treatment Plant (EWTP). The objective of
rehabilitating the EWTP is to assure functional and reliable service until 2020. Four phases were
defined to implement this objective: Phase I - Analysis and Report; Phase II - Design & Permit;
Phase III - Bidding; and Phase IV - Construction. Arcadis completed Phase I and submitted the
report to Utilities on February 7, 2007. The report addresses several areas of concern including
repairs to existing equipment, plant structure and replacement of specified existing equipment.
PROGRAM IMPACT:
At this time, City staff recommends we move forward with Task Order #U07-1-1 to provide
engineering services for Phase II - Design and Permitting to replace the existing gaseous chlorine
system with bulk sodium hypochlorite.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Environmental Protection Agency (EP A) regulations have become more stringent regarding the
use of gaseous chlorine, and replacement of the existing gaseous chlorine system with the
installation of a bulk sodium hypochlorite system designed to meet or exceed EP A regulations.
Using a bulk sodium hypochlorite system would eliminate the need to store gaseous chlorine at the
EWTP without compromising current disinfection properties while decreasing operational costs.
The most important advantage for conversion to a bulk sodium hypochlorite system is the
protection of City residents from the accidental release of chlorine gas. Other components for
rehabilitation of the EWTP will addressed in the near future.
Task Order U07-1-1 includes Alternative A for Phase III - Bidding, if the City decides to publicly
bid the project. Subsequently, Phase IV - Construction costs will be negotiated separately if
needed.
FISCAL IMPACT:
Funds are available in Utilities account #403-5000-590-96-10 WTR112. Terms and conditions
under Request for Qualifications #065-2821-03/CJD for consulting and engineering services were
approved by the City Commission on 11/18/03 and renewed on 2/13/06. The engineers' Opinion of
Probable Cost for construction is approximately $350,000.
TASK ORDER APPROVED AMOUNT
U06-1-1 Julv 17,2006 $ 24,500.00
U07-1-1 June 5, 2007 A2enda $ 67,634.00
TOTAL $ 92,134.00
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES:
The replacement of the existing gaseous chlorine system would protect City residents from
possible chlorine gas release and satisfy EP A regulations before they are mandatory. The
alternative would be to delay the installation of a bulk sodium hypochlorite system, face increased
equipment costs in the future, and not realize potential operational cost savings.
~> J;L~
Kofi Boateng, Utilities Director
Kurt Bressner, City Manager
Carisse LeJeun Assistant to City anager
Utilities Department
Department Name
City Attorney / Finance
Attachment - Three (3) Original Task Orders #U7-1-1
bc: Kofi Boateng, Utilities Director
Michael Low, Deputy Utilities Director
W'Pete Mazzella, Deputy Utilities Director
Chris Roschek, Engineering Division Manager
fWlPaul Fleming, Sr. Project Manager
Barb Conboy, Manager Utilities Admin/Finance
Project File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF TASK ORDER NO. U07-1-1 WITH
6 ARCADIS U.S., INC., TO PROVIDE ENGINEERING
7 SERVICES RELATED TO THE EAST WATER
8 TREATMENT PLANT CHLORINE CONVERSION
9 PROJECT IN THE AMOUNT OF $67,634.00; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, on July 17, 2006, Task Order U06-1-1 approved Arcadis to prepare an
14 Infrastructure Rehabilitation Evaluation of the East Water Treatment Plant; and
15 WHEREAS, City staff recommends the City move forward with Task Order U07-1-1
16 to provide engineering services for Phase II - Design and Permitting to replace the existing
17 gaseous chlorine system with bulk sodium hypochlorite; and
18 WHEREAS, the City Commission of the City of Boynton Beach upon
19 recommendation of staff, deems it to be in the best interest of the citizens of the City of
20 Boynton Beach to approve and authorize the execution of Task Order No. U07-1-1 with the
21 Arcadis U.S., Inc., to provide engineering services related to the East Water Treatment Plant
22 Chlorine Conversion Project in the amount of$67,634.00.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
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
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby approve and authorize the execution of Task Order No. U07-1-1 with the Arcadis U.S.,
S:ICAIRESOlAgreementslTask - Change OrderslArcadls - U07-1-1 ,doc
II
Inc., to provide engmeenng services related to the East Water Treatment Plant Chlorine
2 Conversion Project in the amount of $67,634.00, a copy of which is attached hereto as Exhibit
3 "A".
4
Section 3.
This Resolution shall become effective immediately upon passage.
5
PASSED AND ADOPTED this _ day of May, 2007.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27 Janet Prainito, City Clerk
28
29
30 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESOlAgreements\Task - Change OrderslArcadis - U07-1-1 ,doc
TASK ORDER NO. U07-1-1 - East Water Treatment
Plant Chlorine System Conversion.
A. Background
ARCADIS is pleased to submit this proposal for engineering services in connection
with the conversion of the existing disinfection system at the City of Boynton Beach,
East Water Treatment Plant (WTP) from gaseous chlorine to liquid sodium
hypochlorite. New provisions to the Environmental Protection Agency (EPA)
regulations for facilities using gaseous chlorine have become more stringent. Risk
management planning and concerns of large-scale leaks have resulted in a push
towards the use of sodium hypochlorite at these types of facilities. Sodium
hypochlorite is safer and easier to manage then gaseous chlorine while maintaining
similar disinfection properties.
ARCADIS herein referred to as Engineer, shall perform the services as outlined below
for the City of Boynton Beach, hereinafter referred to as the City.
B. Scope of Services
The Engineer understands that the project will include demolition details for the
existing gaseous chlorine disinfection system at the facility and the design of a new
sodium hypochlorite based disinfection system to replace the existing system at the
City's East WTP. The systems to be designed include bulk storage tank facilities,
secondary containment provisions, chemical feed metering systems and piping
manifold and delivery systems.
The following specific tasks shall be performed by the Engineer:
Task 1 - Design
Prepare plans and technical specifications for the proposed sodium hypochlorite bulk
storage and chemical feed systems to be installed at the City's East WTP. In general
the design shall include the following:
Page 1 of7
a. Conduct a kickoff meeting at the City's office to establish
project objectives and confirm design criteria. Attendees of
the kickoff meeting shall include representatives of the engineer
and appropriate staff from the City.
b. Preparation of demolition plans and detail drawings for the
decommissioning of the existing gaseous chlorine systems
including the removal of all chlorination equipment and gas
cylinder scales. Demolition plans and details for the
decommissioning of the existing air scrubber system which
currently services the gas cylinder storage building will also be
completed under this item.
c. Preparation of civil and mechanical drawings for the installation
of a sodium hypochlorite bulk storage system at the East WTP.
Preliminary discussions with the City indicate that the preferred
location of the proposed bulk storage system is within the
existing gas cylinder storage building.
d. Preparation of mechanical drawings for the installation of self-
contained chemical metering pumps systems. The metering
pump systems shall be a skid mounted system delivered to the
site with a pre-piped manifold complete with pressure relief
valves for blow-off of sodium hypochlorite off-gas. Preliminary
discussions with the City indicate that the preferred location of
the proposed chemical metering systems is within the existing
gas chlorinator room. Furthermore, it is also assumed that the
metering system will be designed for "plug-and-play" in a
standard 120 V AC receptacle.
e. Preparation of civil and mechanical drawings for the installation
of sodium hypochlorite feed piping to the designated application
points at both the "pre" and "post" chlorine dosing points shall
be included. Additional chlorine dosing points may be added as
requested by the City.
f. Preparation of a detailed construction sequence/plan for the
conversion of the existing disinfection system from gaseous
chlorine to liquid sodium hypochlorite. Plan shall outline the
proposed means and methods required to ensure uninterrupted
service/operation of the water treatment plant processes for the
duration of the conversion activities. It is anticipated that the
proposed construction sequence will entail the specification of
temporary sodium hypochlorite bulk storage and chemical feed
systems, which will allow the Contractor to demolish and
Page 2 of7
Sheet
No.
1
2
3
4
5
6
7
8
9
10
11
12
construct the existing and proposed systems in a safe, timely
manner.
g. The Engineer shall coordinate with the City's designated
instrumentation and control (I&C) contractor, to facilitate the
integration of the proposed I&C systems into the existing
supervisory control and data acquisition (SCADA) system at the
site. As part of the design, the Engineer will develop a detailed
process flow diagram of the proposed disinfection system I&C
components. The process flow diagram shall also specify the
operational control sequence of all specified components. The
use of the City's I&C contractor will reduce any ambiguity and
allow the City to maintain a single point of contact with regards
to the modification of the existing SCADA system at the site.
Furthermore, it will afford the City some price protection by
allowing the City to complete this portion of the work under
previously negotiated rates.
h. Submit a set of plans and specifications to the City at the 60%
and 90% completion levels for review and comment. Upon
receipt of any comments from the City, the Engineer will meet
with the City, as necessary, to address any comments prior to
revising the plans and specifications. Engineer shall provide an
estimate of probable cost with each progressive milestone.
PRELIMINARY LIST OF DRAWINGS
Sheet Title
Cover Sheet
Existing Site Plan
Proposed Sodium Hypochlorite Disinfection Systems Flow Diagram
Existing Gaseous Chlorine Building Demolition Plan
Existing Gaseous Chlorine Storage Building Caustic Scrubber System Demolition Plan
Proposed Sodium Hypochlorite Feed Piping Plan
Proposed Sodium Hypochlorite Bulk Storage Facilities Mechanical Plan
Proposed Sodium Hypochlorite Bulk Storage Facilities Mechanical Section
Proposed Sodium Hypochlorite Chemical Metering System Room Mechanical Plan
Proposed Sodium Hypochlorite Chemical Metering System Room Mechanical Section
Proposed Sodium Hypochlorite Process and Instrumentation Diagram
Mechanical Details
Page 3 of7
PRELIMINARY DESIGN CRITERIA
Average Daily Flow (ADF):
Assumed Peaking Factor from MOR's
Maximum Daily Flow (MDF):
Average Sodium Hypochlorite Dose:
Average Sodium Hypochlorite Usage:
Maximum Sodium Hypochlorite Usage:
Maximum Sodium Hypochlorite Usage:
Number of Chlorine Dosing Points:
Preliminary Bulk Storage Volume:
Bulk Storage Tank Material:
Preliminary Chemical Metering Pumps:
Type of Chemical Metering Pumps:
10 MOD
1.5
16 MOD
12-16 mg/L
100-135 gal./MO finished water
21 mg/L
175 gal./MO finished water
2 ("Pre" and "Post")
(2) - 7,500 gallon tanks
Dual-walled polyethylene
6 (Four duty/two standby)
Continuous Duty- Diaphragm
Task 2 - Permitting
The proposed modifications will require the preparation and submittal of a minor
modification to the existing Florida Department of Environmental Protection (FDEP)
operating permit at the East WTP. At the 90% completion level, ARCADIS will
prepare for City review and approval all the necessary FDEP permit application
documentation for the Palm Beach County Health Department (PBCHD). Once the
City has accepted the 90% design and permit application packages, the Engineer will
submit the permit modification to the PBCHD. The engineer will act as the Client's
liaison during the permitting process.
Once the FDEPIPBCHD permit has been received, the Engineer shall proceed with the
100% design documents including all drawings and technical specifications required
for bidding and subsequent construction.
Task 3 - Bid Phase Services
The Engineer will follow the City guidelines for the bidding phase services. This shall
include the following:
a. The Engineer shall distribute plan sets to the prospective
bidders. The cost for production of the contract documents will
be borne by the prospective bidders through purchase of the
construction documents from the Engineer. The Engineer shall
maintain records of the plan holders list and provide a copy of
the list to the City on a weekly basis.
b. The Engineer shall provide document mailing and pre-bid
services, such as maintaining plan holder's list, answering
questions from potential bidders, and providing technical
Page 4 of7
support to the City for Contract Documents addenda;
addenda will be issued by Procurement Services for the
City.
c. The Engineer will provide response to technical questions from
prospective bidders and suppliers and provide technical
information to the City for addenda that will be issued by
Procurement Services as appropriate. Technical information for
up to three addenda is assumed in the budget for Bid Phase
Services.
d. The Engineer shall review bid packages received, prepare bid
tabulation sheet and due diligence form and recommend award.
e. The Engineer shall assist the City in conforming and preparing
the Contract Documents for execution by the City selected
Contractor.
f. The Engineer shall issue integrated conformed sets of Contract
Documents including, the Schedule of Bid Items, the Contract,
and the General Conditions for Construction, Technical
Specifications and project construction drawings. Supply two
(2) sets of Conformed Contract Documents and electronic
drawings for the City and awarded contractor.
Task 4 - Construction Phase Services
The Engineer shall provide engineering services during all phases of construction for
the conversion of the existing disinfection system from gaseous chlorine to sodium
hypochlorite. The Engineer shall provide technical assistance to the Contractor
selected by the City to ensure the proper installation of all proposed systems in
accordance with the Contract Documents. Upon completion of the construction
activities the Engineer will prepare Record Drawings accurately depicting the
construction details of the proposed systems. The Engineer shall submit these
drawings to the PBCHD, to verify/certify completion of the proposed modifications to
the existing operating permit in accordance with the previously submitted plans.
Task 5 - Building Department Permit Assistance
The Engineer shall provide assistance to the City to secure the necessary building
permits required by the City of Boynton Beach to complete the proposed remodeling
tasks within the east filter bay at the City's East WTP site.
Page 5 of7
C. Assumptions
The above scope is predicated on the assumption that the City shall furnish, at no cost
to the Engineer, all available pertinent information including previous reports, plans,
specifications, permits and other data relevant to the performance of the above services
for the project. In addition, the City shall designate, in writing, a person to act as the
representative for services performed under this agreement. The Engineer also
assumes the following:
1. The City will be responsible for making provisions for construction.
2. The 90% preliminary plans shall be prepared to be able to secure an FDEP
permit and may not include the necessary detail needed for construction.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within
the Agreement for General Engineering Consulting Services dated November 18,2005
between the City of Boynton Beach and ARCADIS U.S., Inc.
E. Additional Services
If services are required in the performance of the above scope of services, beyond
those normally provided by the Engineer, which must be sublet, the Engineer shall
order the work after obtaining written authorization from the City. If the Engineer is
requested to subcontract any work directly than a 10% markup will be applied to the
subcontractor invoice for coordination services provided by the Engineer.
F. Obligations of the City
The following specific information and/or items shall be furnished at no cost to the
Engineer:
1. Data prepared by or services by others including, but not limited to, all
pertinent Record Drawings of the existing gaseous chlorine disinfection system
which were completed as part of any previous expansion.
2. All permit application and government inspection fees.
3. The City shall be responsible for designating an I&C contractor for the
integration of the instrumentation and control systems provided in the final
design into the SCADA system at the East WTP.
Page 60f7
G. FEES
The fees for this work will be per task as follows:
En2ineerine: Services Lump Sum T&M
Task 1 -Design $39,338 0
Task 2 - Permitting 0 $3,804
Task 3 - Bid Phase Services $4,148 0
Task 4 - Construction Phase Services 0 $17,512
Task 5 - Building Permit Submittal Assistance 0 $2,832
TOTALS $43,486.00 $24,148.00
H. Schedule
Th
I' d
fI h'
k '11 b
fI 11
(
NTP)
e completIOn ates or t IS wor WI e as 0 ows startmg at wntten
Ene:ineerine: Services Time per Phase Cumulative Time
Task 1 -Design 2 month 2 month
Task 2 - Permitting 2 months 3 months
Task 3 - Bid Phase Services & City Award 2 month 5 months
Task 4 - Construction Phase Services 4 month 9 months
Task 5 - Building Permit Submittal Assistance NA NA
APPROVED BY:
CITY OF BOYNTON BEACH
By:
Kurt Bressner, City Manager
Dated this
day of
,2007
SUBMITTED BY:
ARCADIS U.S., INC.
---- /
By: I J~C:^-::J L I ~--"-
Thomas L. Tessier, P.G., Vice President
Dated this :3 0 day of A ~; I l
By: w:~ # ~;;
Wi~ Lync , P~E., Vie President
Dated this '5 (.-:) day of ~ /I I
,2007
,2007
Page 7 of7
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM D.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D
D May I, 2007 April 16, 2007 (Noon) D
~ May 15,2007 April 30, 2007 (Noon) D
D June 5, 2007 May 14, 2007 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
June 19,2007
June 4, 2007 (Noon)
July 3, 2007
June 18,2007 (Noon)
July 17, 2007
July 2, 2007 (Noon)
August 7, 2007
July 16, 2007 (Noon)
d)
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"'.-
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NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
~ Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D City Manager's Report
D New Business
o Legal
D Unfmished Business
D
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RECOMMENDATION: A motion to approve the "SURPLUS VEHICLE/EQillPMENT LIST" as submittedoy
Public Works Department and allow for the sale of same.
EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE /EQillPMENT LIST" as submitted
by Public Works/Fleet Maintenance Division (see attached memo #07-045). Utilizing the City of Boynton Beach
disposal process for surplus vehicles will allow the vehicle/equipment to be auctioned and generate revenue 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 surplus vehicles/equipment will provide inventory control maintenance and
allow for receipt of revenues through a process monitored by Procurement Services.
FISCAL IMP ACT: The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet
Maintenance Fund in the following account:
Revenue Account No#
501-00-365-01-00
Account Description
Sale of Surplus Equipment
ALTERNATIVES: Maintain the vehicles/equipment in inventories with high maintenance costs which could
conceivably impact operations due to down time for repairs.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
iHiu4~
City Manager's Signature
Procurement Services
C: Chris Roberts - Assistant Director of Public Works
Steven Weiser - Fleet Administrator
Hoyt Johnson - Finance Department
File
PUBLIC WORKS DEPARTMENT
MEMORANDUM #07-045
TO:
Bobby Jenkins, Asst. Finance Director
Chris Roberts, Asst. Director of Public Warks cR
Steven Weiser, Fleet Administrator @J
THRU:
FROM:
SUBJ:
Surplus Equipment
DATE:
April 12, 2007
The resources listed in this memorandum are surplus. Each unit has been replaced with a
new, updated resource. We request the approval of the City Commission to sell these
excess resources through local auction.
ID# Make Year Model IYlli; .Y!!Ut
0063 Chev 1998 WT15 Pickup 1GCEC14W8WZ215471
0181 Strl 2000 LT75 Vactor 2FZHRJBB2Y AB57223
0201 Dodg 1996 1500 Pickup 1B7HC16X7TS701048
0578 Ford 1997 F-250 Pickup 1 FTEF2764VKC4800 1
0648 Dodg 1996 B2500 Cargo Van 2B7HB21 Y3TK156615
0734 Ford 1997 Taur 4 Dr Sedan 1FALP52U6V A201480
1075 Vo1v 2000 WXR64 Hei1 Refuse 4V2EC2HE8YN257217
1078 lnte 2000 4900 Labrie recycle 1HTSDAAN9YH247899
1082 lnte 2000 4900 Labrie recycle 1HTSDAAN1 YH247900
1091 Vo1v 2000 WG64 Roll - Off 4V5JC2UF6YN870629
1096 Vo1v 2000 WG64 Roll - Off 4 V 5JC2UF 4 YN870628
3003 Chev 2000 Lumina 4Dr Sedan 2G 1 WL52J8Y11 020 14
3007 Chev 2000 Lumina 4 Dr Sedan 2G 1 WL52J8Y1250390
3008 Chev 2000 Lumina 4 Dr Sedan 2G1 WL52J4Y1251973
3009 Chev 2000 Lumina 4 Dr Sedan 2G 1 WL52J9Y1257669
4302 Ford 2003 CRY PD Cruiser 2F AFP71 W03Xl13900
4315 Ford 2003 CRY PD Cruiser 2F AHP71 W43X170867
4316 Fard 2003 CRY PD Cruiser 2FAHP71 W63X170868
4319 Ford 2003 CRY PD Cruiser 2FAHP71 W63X170871
4808 Ford 1998 Expe 4 Dr Suv IFMRU18W1 WLA41993
4922 Chev 2000 Astra Van 1 GNDM19W5YB 1 03151
4924 Chev 2000 Astro Van IGNDM19W4YB103674
4925 Chev 2000 Astra Van 1 GNDM19W9YB 1 04528
8050 lnte 1992 125 Compressor 208525U199
8508 Taro 1999 07200 Workman 90142
8556 Suzu 2005 LT-F 4x4 5SAAK46A6571 03690
VI.-CONSENT AGENDA
ITEM E.'
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon)
D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon)
~ May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon)
D AnnouncementslPresentations 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: Authorize the use of$1,000.00 from Vice Mayor Rodriguez's Community Investment Funds to the
Boynton Beach Faith Based CDC.
EXPLANATION: Commission approval is requested for allocation of$I,OOO.OO to the Boynton Beach Faith Based CDC to
assist in funding the CDC's Peacemakers Youth Program, which works in partnership with Galaxy and Poinciana Elementary
Schools.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use.
~
City anager's Signature
Assistant to . Manager ~
Department Head's Signature
Department Name
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: May 11, 2007
Requested by Mayor/Commissioner: Vice Mayor Rodriguez
Amount Requested: $1,000.00
Recipient/Payee: Boynton Beach Faith Based CDC
Description of project, program, or activity to be funded: CDC's Peacemakers Youth
Program which works in partnership with Galaxy and Poinciana Elementary Schools.
Dated: S/II /0'7
By:~ &)~/
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $15,000. $3,000.00 has been used to date by the requesting Member, leaving
a balance of available funds of $12,000.00. This request would bring the available amount
down to $11,000.00.
Dated:
AccOrdin~y:
There are funds available as requested
o There are insufficient funds a:~abl~
Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
r:/ The proposed expenditure of funds will not result in improvement to private
property;
rtf The recipient/payee provides services within the City of Boynton Beach;
W!I' 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
~ Proper safeguards will be implemented to assure that the public funds being
::;~a:: mil be ~ed for :::~
City Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
tI
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
Dear Mayor Taylor,
January 3, 2007
Peacemakers is an after school program that reaches out to at-risk, disadvantaged youth within the
Heart of Boynton and surrounding communities. The Boyrton Beach Faith Based Community
Development Corporation Is the parent organization (SOlc3) of the program and it is held at two of
the local elementary schools withrn the Heart of Boynton: Poinciana and Galaxy Bementary. The pilot
year was 2003 and the program has been proudly serving the youth and families of these
communities every year since, .to Indude the present. .
Students in grades 3 - 5 are referred to the program by the recommendation of teachers in the
aforementioned gri:Jdes; twenty children are selected from each school for a total of forty
children. The' primary goal of the program is to improve the academic and. behavioral performance of
the students. This goal Is achieved with the assistance of.dedicated staff members which indude a
project coordinator, project manager, an aide, and six certified teachers.
The morning POrtion of the program consists of a mentoring session at breakfast with the children
which is facilitated by the. program coordinator, program manager and community volunteers. The
program begins at 2 pm and ends at 4pm On Monday - Thursday. Once the students are released
.trom school, they are grven a one hour recreation/snack period. Then they are taken into classrooms .
In their respective grades to receive a oi1e-hour tutorial session. Upon~pletlon of tutoring, the
staff driver transports the students to their indMduathomes. On Mon and Wed the program is.hefd at
~Iaxy, arid on Tuesday and Thursday the program is held at PoincIana.. On FrJdaysthe.two schools .
are broUght together fOr an event called nFun Fridayn. The ~ on these days consist of
organized sporting ~, dance and movement rOutInes, and pizza Parties, and an oa:asJonal guest
student.
The success of the program is evidenced by the Improvement of the students' grades, FCAT scores,
and SRI (Standard Reading Inventon'). Further evidence is seen in the Improvement of social
Interactfon and behavior, with the students having fewer referrals and office visits. The students also
benefit from a number of enrichment actIvitJes such as field bips, wlturat awareness, and most
recently partldpatlng in the" annual Boynton Beach Christmas Parade.
POST OFFICE BOX 337 -BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY
PH~NE (561) 752-0303 . FAX (561) 752-0302
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VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon) D June 19,2007 June 4, 2007 (Noon)
D May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon)
~ May 15, 2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14, 2007 (Noon) D August 7, 2007 July 16,2007 (Noon)
D AnnouncementslPresentations 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:
Authorize approval for an emergency sewer repair on Gateway Boulevard between Congress Ave. and Lawrence
Road.
EXPLANATION:
Recently, Utilities Department staff noticed a depression developing in the eastbound land of Gateway Boulevard over
a sewer main. Subsequent investigation revealed that the sewer line had sheared in two locations, and was causing
settlement of the roadway and manhole structure. In order to avoid catastrophic structural failure of the structure
and roadway, the sewer pipe was re-Iined on May 7, on an emergency basis.
PROGRAM IMP ACT:
Emergency re-Iining avoided the expense associated with manhole replacement and roadway excavation
FISCAL IMPACT: (Include Account Number where funds will come from)
Costs are still being developed for full roadway restoration, but the expectation is that costs will not exceed $77,100 if
we are allowed to stabilize the ground by injecting high density grout or $105,500 if we must excavate and re-compact
the soil. Funds are available in account number 403 5000 590 96 04, SWR 064.
AL TERNA TIVES:
Not eond." the eme.-geney '<pa'" and possihly have to cto", the roadW~~ ';!;e.
~ .ck.l~ .J7{,r.::> ~
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
UTILITIES
Department Name
City Attorney / Finance
XC: Peter Mazzella (w/copy of attachment)
Michael Low
Christopher Roschek
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Barbara Conboy (w/copy of attachment)
File
Gateway Blvd. sewer main repair
Option 1 (prefered)
Insituform - pipelining
Chaz Equipment -
sewpercoat manhole,
asphalt patch
Alternative for restoration
Ureteck - ground stabilization
FOOT surface restoration
Estimated FOOT asphalt milling and striping
Total
$27,973.40
Complete
$8,500.00
Remaining
$15,600
Remaining
$25,000.00
Remaining
$77,073.40
Option 2 (If required by P.B. County Roadway)
Insituform - pipelining
Chaz Equipment -
sewpercoat manhole,
asphalt patch
FOOT standard restoration
Excavation - 2' above pipe I est. 10'L X 12'W X 14'0
FOOT standard restoration
FOOT flowable fill
FOOT surface restoration
Estimated FOOT asphalt milling and striping
Total
$27,973.40
Completed
$8,500.00
Remaining
$35,000.00
Remaining
$9,000.00
Remaining
$25,000.00
$105,473.40
Remaining
Page 1 of 1
Mummert, Bill
From: Lombardi, Tony
Sent: Wednesday, May 09, 2007 10:37 AM
To: Boateng, Kofi; Mazzella, Pete; Low, Michael; Conboy, Barb
Cc: Bressner, Kurt; Mummert, Bill; Jenkins, Bobby
Subject: Gateway Blvd. sinkhole (wastewater gravity system)
Kofi, here is an update on the urgent Gateway Blvd. sinkhole and sewer main repair. Insituform
mobilized Monday and was able to re-line the sheared wastewater main. I am meeting today with
Uretech. Uretech is a ground stabilization company. They will stabilize the ground; fill the voids that
caused the sinkhole and stop the manhole and line from dropping causing further damage. They do
this by pumping a polymer grout around the pipe and manhole structure.
Insituform's proposal for the repair is $27,973.40 and we estimate the grouting and road restoration
to be approximately $40,000.00 for an estimated total of $68,000.00. A memorandum to finance and
placement on the next available Commission meeting agenda will be prepared for your approval.
Repairs from the various contractors supporting us on this project are based on piggy-back
contracts.
I will keep you up to date as the project continues its final stages.
Thanks,
Anthony J. Lombardi
Utility Maintenance Manager
Office (561)-742-6421
Fax (561)-742-6298
Cell (561)-951-2208
5/11/2007
Policy 10.5.1 - Bids and Proposals ... Page 2 of 10
C. Competitive Sealed Proposal is relatively new technology, or non-
standard items, allowing the ability to hold discussions and bargains with
the offerors whose proposals are acceptable or potentially acceptable.
Evaluates proposal against proposal on a cost and qualitative basis to
determine an award.
. Description of the item or service to be purchased (statement of
work).
. Specific criteria that will be used to evaluate the proposal along
with the stated relative order of importance (generally):
. Managerial capability.
. Technical acceptability and approach In meeting
performance requirements.
. Reasonableness of price.
. May ask for experience in the line of work being considered
including references.
. Staff capabilities along with resumes of key individuals who will
work on the project.
. Cost breakdown of the proposed price.
D. Contracts for Designated Professional Services are services where
the City is obtaining advice, instruction, or specialized work from an
individual specifically qualified in a particular area. This would include
architectural, engineering, and registered land surveying services. The
procurement of professional services does not lend itself to normal
competitive bidding and price competition alone. Refer to Purchasing
APM 10.8.1 for the full details of contracting for professional services.
E. Emergency Procurement allows the City Manger to make procurement
of commodities or contractual services where the cost exceeds twenty-five
thousand ($25,000) when there exists a clear and present threat to public
health, property, welfare, safety or other substantial loss to the City,
provided however, that such emergency procurement shall be made with
such competition as is practicable under the circumstances. Refer to
Purchasing APM 10.10.1 for the full details on emergency procurement.
CITY OF BOYNTON BEACH
ADMINISTRATIVE POLICY MANUAL
CHAPTER: 10
Purchasing
POLICY NO: 10.10.1
SECTION: 10
Emergency Purchases
PAGE: Page 1 of 2
SUBJECT: 01
Procedure for Emergency Purchases
PURPOSE:
This policy establishes responsibilities and implements procedures to be followed when
making emergency purchases for the City.
DEFINITION:
The decision to initiate emergency purchasing procedures will usually be governed by
the occurrence of an unexpected situation. An "Emergency" is defined as a situation
brought about by a sudden unexpected turn of events (Le., Act of God, riots, fires,
floods, accidents, etc.) or any circumstances or causes beyond the control of the City in
the normal conduct of business. Emergencies could be involving health, welfare, injury,
or loss to the City; which can only be rectified by immediate purchase of equipment,
supplies, materials, or services.
POLICY:
Notwithstanding any other provIsions of these policies, the City Manager or his
designee may make or authorize others to make emergency procurement of supplies,
services, or construction items when there exists a threat to public health, welfare, or
safety; provided that such emergency procurement shall be made with such competition
as is practicable under the circumstances. A written determination of the basis for the
emergency and for the selection of the particular contractor shall be included in the
contract file. As soon as practicable, a record of each emergency procurement shall be
made and shall set forth the contractor's name, the amount and type of contract, a
listing of the item(s) procured under the contract, and the identification number of the
contract file.
Any emergency purchase that exceeds the formal bid amount shall be presented to the
City Commission on the earliest agenda date. Information should be provided by the
requesting department identifying the extent of the emergency and the determination
process for vendor selection.
Policy 10.10.1- Emergency Purchases ... Page 2 of 2
Emergency purchasing procedures may not be implemented to procure goods and/or
services needed to carry on what should be considered as normal operations. Failure
to anticipate normal operating needs is not to be confused with an emergency situation.
Although poor planning, overlooked requirements, inaccurate usage history, or
inadequate forecasting may result in the need for expedited purchasing, these are not
bona fide emergencies.
DEVELOPED BY:
Procurement Services Division
EFFECTIVE DATE:
October 1 . 2003
Kurt Bressner
City Manager
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR~.
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18, 2007 (Noon)
~ May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (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:
Authorize approval for an emergency sewer repair on Boynton Beach Boulevard between Congress Ave.
and Winchester Road.
\,
EXPLANATION:
We were required as part of the DEP consent order to check on the integrity of the existing 16" force main
on Boynton Beach Blvd. We purchased leak detection equipment that enabled us to check the main and
minimize the need to undertake multiple excavations. We installed testing points along the length of Lift
Station #801's force main, and the results indicated that we may we an issue with a section located just
west of Congress Ave. and east of Winchester Rd. We added an additional test point to more accurately
pin point the area. The results were discussed with FDEP and we agreed to examine the main visually at
this location. Subsequently we have experienced a subsidence in this area and we therefore needed to
examine the main urgently. The inspection and repair was undertaken by MadsenlBarr with pricing based
on a "piggy back" of a Boca Raton contract.
PROGRAM IMP ACT:
The inspection provided valuable information on the integrity of the force main which was found to be in
good condition. This information was passed through to FDEP.
FISCAL IMPACT: (Include Account Number where funds will come from)
Total cost for the inspection and repair are $79,775 to be funded from AlC # 403 5000 590 96 04 SWR 064
ALTERNATIVES:
There was no alternative since we were mandated to inspect the force main by the consent order, and the
tests indicated a potential leak.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~d~
City Manager's Signature
~ ,ftJ /c /-:.,1...,
Department Head's Signature '
UTILITIES
Department Name
xc:
Peter Mazzella (w/copy of attachment)
Michael Low
Christopher Roschek
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
.r~ ~'?
Assistant to City Manager
City Attorney / Finance
Barbara Conboy (w/copy of attachment)
File
Engineering Contractors · Sewer · Water · Drainage
Broward: (954) 489-7773. Palm Beach: (561) 753-6363. Fax: (561) 753-6382
n~r;)~!J~I'~II\liji)
IltI~l0) !:.H.!hJiHl
~ CORPORA r/OH
1-
MADSEN IBARR CORPORATION
INVOICE DATE: APRIL 30, 2007
INVOICE NUMBER: 06-64-05
MADSEN/BARR CORPORATION NUMBER: 511
SHIP TO:
CITY of BOYNTON BEACH.
UTILITIES ADMINSTRATION DEPARTMENT
124 E.WOOLBRIGHT ROAD
BOYNTON BEACH, FL. 33435
MR. ANTHONY WMBARDI
CITY of BOYNTON BEACH
PROCUREMENT SERVICES DEPARTMENT
100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FL. 33425-0310
CITY of BOYNTON BEACH
16-INCH FORCE MAIN REPAIRS
1531 BOYNTON BEACH BLVD.
DEPTH ofFM 9.00 VF
CITY of BOCA RATON, PROJECT # 71-02-007
ATTENTION:
SOLD TO:
SUBJECT:
CONTRACT:
FURNISH and INSTALL:
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
A-17a Point repair 16-inch FM 10112'cut 2 EA. $25,000.00 $50,000.00
A-31 By-pass pumping 2 DA $ 4,000.00 $ 8,000.00
A-37 Asphalt replacement (Two patches) 62 SY $ 40.00 $ 2,480.00
A-38 Temporary pavement overlay 62 SY $ 5.00 $ 310.00
SUB-TOTAI..(PIPE.ltEPAIR WORK) ********* $60,790.80
N = Negotiated Items for FOOT Restoration Scopes of Work.
N-I FDOT Flowable Fill 45 CY $ 97.00
N-2 FOOT MOT Barricades, signs, etc. 2 DA. $ 1,010.00
N-3 FOOT Aspba1t and Milting 280 SY "$ 45.00
SUB-TOTAL (FOOT RESTORATION and MOT) *********
$ 4,365.00
$ 2,020.00
$12,600.00
$18,985.00
TOTAL DUE MADSENIBARR CORP.
********* $79,775.00
NOTES:
1.) PROPOSAL A TT ACHED.
2.) PHOTOS ATTACHED.
12113 Indian Mound Road, Lake Worth, Florida 33467
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VII.-CODE - LEGAL
SETTLEMENT
CITY OF BOYNTON BEACH ITEM A.
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 Dat~ !!Lto City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1,2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
X May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
"'-j
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
X Code Compliance & Legal Settlements
o Public Hearing
Jonathan MurdaU{!h Y. City of Boynton Beach
Plaintiff Counsel: William Julien
Defense Counsel: Karen Nissen, Vernis & Bowling of Palm Beach, P.A.
o City Manager's Report C')
o New Business
o
o
o
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-,~
Legal
Unfmished Business
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RECOMMEND A TION' Motion to app,ove a negotiated "nlement ag,eement in the amount of $25,000,00.
EXPLAN A TlON' On Augu,t I, 2005, following ,olea" back to full-duty wo,k on hi, wo,ke",' rompemation claim, the
plaintiff failed to ,etum to wo,k. He w" ,ub"quently tenoinated due to abandonment of hi, job. plaintiff h" filed olaim'
und" the Amedcan' with Di,"biliti" Act (ADA), Flodda Civil Righ'" Act, W o,ke" Compen'"tion Retaliation, U .S.C. Sec.
1983 (Civil Righ"'), Family Medical Leave Act (FMLA), " well '" negligent ,up""i,ion and negligent <<tention claim'. It
,hou Id be noted that ,ome of the" claim' w"e to be filed in Fed"al Court whicb i, beyond the ,cope of ,tate mandated
,ove"ign immunity claim' with a $1 00,000/$200,000 cap. The po"ible expo,u<< to a jury v"dict in both "ate and fed"al
cou'"', combined with the co" of litigation, mal<" thi' "nlement a financiai deci,ion in the b"t int"e" of the City. Pie'"
see attached letter from defense counsel outlining the specifics of this case.
PR OG RAM IMP ACT: Litigation "ttlemen'" and judgmen" of thi, nattn'e a" part of the ongoing ",pon,ibiliti" of the
Risk Management Department.
FISCAL IMP ACT, Settlement will be ch"ged to the Rbk Management budget expen'"
AL TE RNA TlVES' F ailu,e to app,ove "ttlement will ,,,olt in olaim being litigated. Value of thi, ""e at tdal i, e"ima"d at
between $250 0 $500,000. Additional defeme trial legal co,'" "e "timated at between $75,000 and $150,000
) !
"
RISK MANAGEMENT
Department Name
CJM/Claimepl/MurdaughJO I.dot
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Kurt Bressner
City Manager
THRU:
Wilfred Hawkins
Assistant City Manager
FROM:
Charles J. Magazine
Risk Manager
DATE:
April 17, 2007
SUBJECT:
Jonathan Murdaugh v. City of Boynton Beach
Date of Loss: August 1, 2005
Risk Management recommends the City Commission ratify the: X Settlement
in the above stated manner.
_ Judgement
RESERVES:
Indemnity:
$ 50,000
Expenses:
$ 25,000
Demand:
Original:
$ 100,000
Final:
$ 34,000
Offer:
Original:
$
5,000
Final:
$ 25,000
~
SETTLEMENT:
$ 25,000
NOTE, 7his Ultlemenf is fhe comNomise of a claUnfo, damages. Paymenf hy fhe Oty is nof fo he conSltued, in
uny way, as an admission of liability 0' USponsihility fo, ane damages 0' inju,ies ",utting fh"ef,om.
Current Adjustment Fees:
$ -
Current Legal Fees:
$ 2,037
IF NOT SETTLED
Projected Legal Fees: $ 75,000 _ $150,000
Projected Jury Verdict: $ 250,000 _ $500,000
JUDGEMENT: $_
Current Adjustment Fees:
$ -
Current Legal Fees:
$-
~ASE NARRATIVE:
On Augu" I, 2005, following "lea" buck to full-duty wo,k on hi, wo,ke,,' compen,ation claim, the
pJaintifffailed to 'etum to wo,k. He w'" ,ub"quently te<minated due to abandonment of hi, job. Plaintiff
has filed claim' unde< the Ame,ieans witb Disabiliti" Act (ADA), Flo,ida Civil Rights Act, Worke<s
Compensation Retaliation, U.S.c. Sec. 1983 (Civil Rigbts), Family Medical Leuve Act (FMLA), us well as
negligent supen;i,ion and negligent 'etention claims. It should he noted that 'ome ufthe" cluim, weee to
be tiled in Fedecal Court which is beyond the "ope of state mandated sove"ign immunity claims with a
$100,000/$200,000 cap. The POssible exposu" to aju<y ve,dict in both state and federal court" cumhined
with the CO" oflitigation, mak" thi, settlement a financial deci,ion in the beat inte"" of the City. Plea"
see attached letter from defense counsel outlining the specifics of this case.
Cj Il1/Claill1epl/M urdaugh.r02, doc
LAW OFFICES
VERNIS & BOWLING
OF PALM BEACH, P.A.
884 U.S. Highway One
NORTH PALM BEACH, FLORIDA 33408
TELEPHONE (561) 775-9822
FAX (561) 775-9821
e-mail: www.Florida-law.com
April 16, 2007
Chuck Magazine
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Re: Murdaugh, Jonathan vs. City of Boynton Beach
EEOC Charge No. 510-2006-01874
Dear Chuck:
As you know, we recommend that the City Commission approve the tentative
settlement we negotiated with Mr. Murdaugh for the total amount of $25,000.00 (twenty five
thousand dollars and no/cents) including attorneys' fees and costs. We believe the
settlement is in the best interest of the City and is a reasonable settlement amount
because if Mr. Murdaugh was successful in his lawsuit the City's exposure could be in the
$250, 000.00 _ $500,000.00 range and the City's cost for litigation could be in the
$75,000.00 - $150,000.00 range.
A. General Backaround and Claims Made bv Mr. Murdauah
Mr. Murdaugh was a Boynton Beach employee from October 7, 2002, through
August 2005. On November 5,2004, Mr. Murdaugh was operating a back hoe and when
stepping off of it the step broke. Mr. Murdaugh continued working full time in his
Equipment Operator position until November 20, 2004. On November 20, 2004, Mr.
Murdaugh infonned his supervisor that he fractured his left hip and injured his left knee
could not come into work. As a result of his injuries the City accepted the Workers
Compensation Claim as being compensable.
As a result of his injuries, Mr. Murdaugh was out of work from November 20, 2004,
until his release to light duty work on December 21, 2004. He worked in a light duty
position from December 21, 2004, through March 21, 2005. On March 21, 2005, the
Workers Compensation doctor placed Mr. Murdaugh on a "no work" status. On July 26,
2005, Mr. Murdaugh was released to return to his position as Equipment Operator with no
functionai limitations or restrictions by the Workers Compensation doctor because he
reached maximum medical improvement.
Although, Mr. Murdaugh was released to full unrestricted duty as an Equipment
Operator on Juiy 26, 2005, he never returned to work. Therefore, in keeping with his
collective bargaining agreement he was terminated for unauthorized absence. The City of
Boynton Beach sent Mr. Murdaugh a letter confirming his jOb abandonment and
termination. Mr. Murdaugh filed a grievance with his union which was denied because at
the time of filing the grievance he was no longer an em pioyee and th us not entitled to file a
grievance.
Aithough Mr. Murdaugh's charge Df discrimination was limited to alleged violations of
the Americans With Disabilities Act (ADA) and the Florida Civil Rights Act, during Mediation
we learned his lawsuit, would also include ciaims of Workers Compensation Retaliation,
vioiation of U.S.C. Sec. 1983, Famiiy Medical Leave Act (FMLA) vioiations and negligent
supervision, negligent retention and intentional infliction of emotional distress claims
against the City. Moreover, Mr. Murdaugh's attorney was going to file the aforementioned
complaint in State Court and provided us with a copy of the Complaint ready for filing. As
you know, the potential cost to litigate the aforementioned Complaint would be in the
$75,000.00 - $150,000.00 range
B. Mr. Murdauah's Potential Lawsuit
As stated above, during Mediation we learned of the many counts that Mr. Murdau9h
would bring in a lawsuit against the City. The following is a brief analysis of the primary
claims in Mr. Murdaugh's suit.
Mr. Murdaugh planned to bring several claims against the City based Upon his
alleged disabiiities of back, knee and hip problems and "reiated conditions." in order prove
a claim of ADA discrimination, Mr. Murdaugh has to establish the prima facie case that:
Americans with Disabilities Act/Florida Civil Rights Act Claims
(1) he has a disability,
(2) he is a qualified individual with a disability, and
(3) the defendant unlawfully discriminated against him because
of the disability.
See Fornes v. Osceola Count~ Sheriff's Office, 2006 WL 128050 (11th Cir. 2006) citing to
Reed v. Heil Co., 206 F.3d 1055, 1061 (11th Cir. 2000);Hollv v. Clairson Industries, LLC,
2006 WL 1219442 (M. D. Fla. 2006) Specifically, Mr. Murdaugh must first establish that he
has a disability under the ADA which is defined as:
(A) physical or mental impairment that substantially limits one
or more of the major life activities;
(8) a record of such an impairment; or,
( C) being regarded as having such an impairment.
2
~ Fornes v. Osceola Countv Sheriff's Office, 2006 WL 128050 (11th Cir. 2006); 42
U.S.C. Sec. 12102(2) Mr. Murdaugh was planning to use his work-related injury as his
physical impairment. Please note that we do not think that his ADA claim was his strongest
claim against the City.
However, Mr. Murdaugh was also bringing a claim under the ADA by claiming that
Boynton Beach "regarded" him as disabled. Mr. Murdaugh would have to show:
See Mickens v. Polk Countv School Board, 2006 WL 1283610 (M.D. Fla. 2006) citing to
Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) Mr. Murdaugh was planning to use
his workers' compensation injuries as his "regarded" as disability. The EEOC guidance
regarding the relationship between disabilities and workefs compensation law provides that
a person with an occupational injury can be disabled under the regarded as portion of the
ADA when the employee:
To trigger the 'regarded as' provision of the ADA, 'its is
necessary that a covered entity entertain misperceptions about
the individual.' citation omitted. A misperception exists if an
employer believes 'either that one has a substantially limiting
impairment that one does not have or that one has a
substantially limiting impairment when, in fact, the impairment
is not so limiting.'
Mr. Murdaugh's counsel informed us that he had witnesses who would testify that
when Mr. Murdaugh spoke to them about working for the City, the City employees toid Mr.
Murdaugh that because of his health problems he was "like a horse that should be taken
out and shot." The claim by Mr. Murdaugh that he was "regarded" as disabled potentially
was a strong claim against the City based upon this new information. Mr. Murdaugh's
occupational injuries to his hip and knee, combined with his inability to work for a long
period of time due to the injuries, combined with the aforementioned new evidence made
settlement with Mr. Murdaugh in the City's best interest. Because if he was successful on
the "regarded as" disabled claim, Mr. Murdaugh would be entitled to money damages in the
form of lost back pay and future pay until the age of 65 as well as all of his attorneys fees.
Therefore, the exposure to the City on the "regarded as" disabled claim was substantial
(1) has an impairment that does not substantially limit a major life activity but
is treated by an employer as if it were substantially limiting,
(2) has an impairment that substantially limits a major life activity because of
the attitude of others toward the impairment, or
(3) has no impairment but is treated as having a substantially limiting
impairment.
Workers Compensation Retaliation Claim
Mr. Murdaugh also planned to bring a claim for workers' compensation retaliation
against the City. Under this statute, Fla. Stat. Sec. 440.205, Mr. Murdaugh claimed that he
was terminated, not for job abandonment, but because he filed a workers' compensation
3
claim and subsequent lawsuit against the City. Moreover, the statute provides that the
City could also be exposed to liability for emotional distress damages if Mr. Murdaugh was
successful in this claim. See Brunerv. G-C-GW, Inc., 880 SO.2d 1244 (Fla. 1st DCA 2004)
Because, Mr. Murdaugh filed a workers compensation lawsuit, not just a claim,
against the City, a civil jury may find that Mr. Murdaugh's termination was not for job
abandonment, but that he was retaliated against for his workers' compensation lawsuit
against the City. Mr. Murdaugh can recover under a workers compensation retaliation
claim if the jury found that his exercise of his rights under the workers' compensation laws
were any part of his termination even if there are other legitimate reasons for his
termination. See Allan v. SWF Gulf Coast, Inc., 535 So.2d 638 (Fla. 1 st DCA 1988)
Therefore, although the City terminated Mr. Murdaugh for job abandonment, if the
jury also found that Mr. Murdaugh's workers compensation lawsuit was a consideration in
his termination, Mr. Murdaugh could recover against the City.
Mr. Murdaugh's U.S.C. Sec. 1983 Claim
Mr. Murdaugh also prepared a U.S.C. Sec. 1983 claim against the claiming that
based upon the Union contract with the City and City policies; he cannot be discharged
without cause. He also claims he was denied due process because when he filed a
grievance, one week after receiving correspondence from the City that he was being
terminated because of jOb abandonment, the grievance was not heard and therefore his
due process rights were violated.
Mr. Murdaugh filed a grievance but not until after his termination and therefore the
grievance was not heard because he was no longer an employee and thus not entitled to
file a grievance. A jury may interpret the union contract to mean that a non-employee can
file a grievance if the grievance is related to his termination of employee and thus the
grievance should have been heard and Mr. Murdaugh may have maintained his
employment with the City.
Mr. Murdaugh's Negligent Supervision and Negligent Retention Claims
In order to establish a claim against the City for negligent retention and supervision,
Mr. Murdaugh must establish that during the course of his employment that the City knew
there were problems with certain of Mr. Murdaugh's supervisors and/or co-workers. These
alleged problems regarding Mr. Murdaugh's supervisors and/or Co-workers would have
placed the City on notice that the aforementioned employees were not fit for the position
and the City did not take action against these employees such as investigation, discharge
or reassignment. See Samedi v. Miami-Dade County, 134 F.Supp 2d 1320, 1352-1353
(S.D. Fla. 2001); Grice v. Air Prods & Chems. Inc, 2000 WL 353010 *14 (N. D. .Fla.
February 17, 2000); Matthews v. City of Gulfport, 72 F.Supp2d 1328, 1340 (M.D. Fla.
1999).
4
If as Mr. Murdaugh disclosed at Mediation that certain City employees made
improper remarks about his work at the City because of his alleged disabilities, the City
could be exposed to damages for negligent supervision and retention claims.
c. SummarY.
Based upon the claims Mr. Murdaugh was making in his lawsuit against the City, the
possible exposure to a jury verdict and Mr. Murdaugh's attorneys' fees combined with the
costs of litigation we believe the settlement amount of $25,000.00 (twenty five thousand
dollars and no/cents) including attorneys fees and costs is reasonable and in the best
interest of the City.
If you have any questions please contact me.
Very truly yours,
VERNIS & BOWLING OF PALM BEACH, P.A.
Karen M. Nissen
:ff
5
VIII.-PUBLIC HEARING
ITEM A.
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 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007
0 May 1, 2007 April 16,2007 (Noon) 0 July 3, 2007
[8J May 15, 2007 April 30,2007 (Noon) 0 July 17,2007
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007
Date Final Form Must be Turned
in to City Clerk's Office
June 4, 2007 (Noon)
June 18,2007 (Noon)
July 2, 2007 (Noon)
July 16, 2007 (Noon) :-,:j
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0 Announcements/Presentations 0 City Manager's Report r'.-,,)
Lij
NATURE OF 0 Administrative 0 New Business J;::1
AGENDA ITEM 0 Consent Agenda 0 Legal
0 0 0
Code Compliance & Legal Settlements Unfinished Business
[8J Public Hearing 0 ""'W'".,
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RECOMMENDATION: Please place this request on the May 15, 2007 City Commission Agenda under Public
Hearing. The Planning and Development Board on April 24, 2007, recommended that the request be approved. For further
details pertaining to this request, see attached Department Memorandum No. 07-030.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Healing Heart / White Elk, LLC (SPTE 07-005)
Nancy Keller, Managing Member of White Elk Enterprises, LLC
White Elk Enterprises, LLC
226 SE 23rd Avenue
Request for a one (1) year site plan time extension for major site plan modification
approval (MSPM 06-001) granted on March 21, 2006, from March 21, 2007 to March 21,
2008.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City anager's Signature
Dev
~~J~
lanning and omng DIrector CIty Attorney / Fmance
S :\Planning\SHARED\ WP\PROJECTS\Healing Heart White Elk LLC\SPTE 07 -005\Agenda Item Request Healing Heart Vet SPTE 07 -005 5-15-07 .doc
Assistant to City Manager
CM--/
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-030
Chair and Members
Planning and Development Board
.~
\ \. ~(../'
Michael Rumpf ,'-"
Director of Planning and Zoning
Kathleen Zeitler iU,
Planner
April 17, 2007
Healing Heart/White Elk LLC (SPTE 07-005)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
White Elk Enterprises, LLC
Nancy Keller, Managing Member of White Elk Enterprises, LLC
226 SE 23rd Avenue (see Location Map - Exhibit "A")
Office Commercial (Oe)
Office and Professional Commercial (C-l)
No change proposed
No change proposed
Veterinary Clinic
8,541 square feet (0.19 acre)
SE 23rd Avenue right-of-way, and farther north, medical offices zoned C-l;
Single-family residence zoned R-1AA;
Medical office zoned C-l; and,
Medical office zoned C-1.
Page 2
Healing Heart'White Elk
SPTE 07-005
BACKGROUND
Ms. Nancy Keller of White Elk Enterprises, LLC is requesting a one (i)-year site plan time extension for the
Major Site Plan Modification Development Order (MSPM 06-001) for the Healing Heart Veterinary Clinic, which
was approved by the City Commission on March 21, 2006. The site plan approval is valid for one (1) year
from the date of approval. If this request for a one (i)-year time extension were approved, the expiration
date of this site plan would be extended to March 21, 2008.
The subject property consists of a 0.19 acre developed lot zoned Office and Professional Commercial (C-l)
located on the south side of SE 23rd Avenue (see Exhibit "A" - Location Map). According to the original site
plan staff report, the proposed project was approved for a major site plan modification (MSPM 06-001) for
construction of a 400 square foot addition to an existing 1,200 square foot building, for a proposed veterinary
clinic, which is a permitted use in the C-1 zoning district (see Exhibit "B" - Approved Site Plan).
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, and prior to being amended on
January 2, 2007 (Ord. 06-097) extending the approval period to 18 months, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided
that the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on March 9, 2007, approximately 12 days prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension (see Exhibit "c" - Justification
Statement), the applicant explains that she has encountered delays between the architect and builder in
preparation of the construction drawings due to corrections and revisions. To date, the applicant has not
submitted a building permit application.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. On January 9, 2006 the Palm Beach County Traffic Division approved the traffic study for this
project and included a restriction that no building permits are to be issued for the project after the build-out
year of 2007. If a building permit for this project is not obtained by the end of 2007, a recommended
condition of site plan time extension approval will require the applicant to obtain a revised traffic concurrency
determination with an updated project build out date to coincide with the site plan time extension schedule.
The site plan time extension is still subject to the original 24 conditions of the major site plan modification
approval. Lastly, no new land development regulations are now in place against which the project should be
reviewed and modified.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (i)-year time extension of the Healing Heart Veterinary
Clinic major site plan modification development order (MSPM 06-001). If this request for extension were
approved, the expiration of this site plan would be extended to March 21, 2008. All outstanding conditions of
approval from the major site plan modification approval must still be satisfactorily addressed during the
building permit process. Any additional conditions recommended by the Board or required by the City
Commission, shall be documented accordingly in the Conditions of Approval (see Exhibit "D" - Conditions of
Approval).
S:\Planning\SHARED\WP\PROJECTS\Healing Heart White Elk\SPTE 07-005\Staff Report.doc
SE'25TH-AVE
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Exhibit "A" - 226 SE 23rd Avenue
Location Map
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HEAUNG HEART WHITE ELK. llC .
~! VETERINARY CLINIC ~ i 2
226 SOUfHEAST 23nl AVINIJ(
BOYNTON BEAOi, R.ORlDA ~ !
III!/ ill I_
XHIB! C
April 6, 2007
To Department of Development Planning and Zoning Division:
I am writing this letter, asking for a one year extension ofr 'site' plan approval on my
ro .
property: 226 S.E. 23 Ave.
Boynton Beach, FL
PCN: 08-43-45-33-04-000-008
I am planning on renovating my property, 23rd ave., the delays encountered have been
between the Architect (Merrill Romanik) and the Builder. My Impact fee was applied
for and the check was written on August 18, 2006. The final revisions of the construction
drawings were finally delivered to the Builder who at this time is going through them
cautiously and carefully for the final approval. To date, all the changes and mistakes on
the drawings have been corrected and revised according to the Archetect. My apologies
for the delay. I am excited and quite anxious about this new adventure / renovation for
my new clinic! Thank you, hopefully every thing is now in order. If you need to ask me
any questions, please call me at: 561-5478277
Again Thank you.
S::Z' ce . )
- 0--,". c:J / ~.{j-L
Nanc Keller
'Healing Heart' / 'White Elk Inc'
208 N.E. 3rd Street
Boynton Beach, FL
33435
EXHIBIT "D"
CONDITIONS OF APPROVAL
Project name: Healing Heart / White Elk
File number: SPTE 07-005
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
Conditions of Approval
Page 2
DEP ARTMENTS INCLUDE REJ;j1
2. If the building permit for the project is not issued by the end of 2007 (traffic X
concurrency build-out year), the applicant shall be required to submit a
revised traffic concurrency approval from Palm Beach County (with an
updated build-out year of 2008) prior to the issuance of the building permit.
ADDITIONAL PLANNING AND DEVELOPMENT
BOARD CONDITIONS
Comments:
x
None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :IPlanning\SHARED\ WPIPR OJECTSIHealing HeartlSPTEICO A.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Healing HearUWhite Elk LLC
APPLICANT'S AGENT:
Nancy Keller, White Elk LLC
APPLICANT'S ADDRESS:
180 Neptune Drive, Hypoluxo, FL 33462
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
May 15, 2007
TYPE OF RELIEF SOUGHT:
Request a one (1) year site plan time extension until March 21,
2008, for construction of a 400 square foot addition to an existing
1,200 square foot building, for a proposed veterinary clinic on a
0.106 acre parcel in a C-1 zoning district.
LOCATION OF PROPERTY:
226 SE 23rd Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:ISHRDA T AIPlanninglSHAREDlWPIFORMSIBlanks forms folderlDevelop.Order Form-2001-Revised.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
April 24, 2007
Vote
There was a vote on the nomination of Lee Wische for Chair, which passed 6-1. (Ms. Jaskiewicz
dissenting)
Chair Wische asked for nominations for Vice Chair.
Mr. Saberson nominated Woodrow Hay for Vice Chair. Ms. Jaskiewicz seconded the
nomination. There were no other nominations.
Vote
A vote was taken in support of Woodrow Hay as Vice Chair, which passed unanimously.
4. Approval of Minutes
Motion
Motion made by Vice Chair Hay to approve the minutes as presented. Mr. Casaine seconded
the motion that unanimously passed.
5. Communications and Announcements
The Planning and Zoning Report was given by Mike Rumpf, Planning Director. He reported the
following actions taken by the City Commission that were previously reviewed by the board:
~ Sausalito Groves Master Plan f"1odification was approved, which included rear yard
setbacks for lake lots and right of way lots for development.
~ Knollwood Planned Unit Development, Master Plan Modification was approved, which
amended the rear yard setbacks for screen enclosures and pools.
~ Dr. Mote's New Site Plan for a Medical Office Building was approved.
~ Southern Dance Theatre Site Plan Time Extension was approved.
Attorney Alexander administered the oath to all persons intending to testify.
7. New Business (Taken out of Order)
A, Healing Heart Veterinary
Site Plan Time Extension
1.
Project:
Agent:
Owners:
Location:
Description:
Healing Heart/White Elk, LLC (SPTE 07-005)
Nancy Keller, Managing Member of White Elk Enterprises, LLC
White Elk Enterprises, LLC.
226 SE 23rd Avenue
Request for a one (1) year site plan time extension for major site
plan modification approval (MSPM 06-001) granted on March 21,
2006, from March 21, 2007 to March 21, 2008.
2
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
April 24, 2007
Chair Wische read the request as presented and noted all pending staff comments were still
attached to the project.
Nancy Keller, was present and agreed with all staff comments
Mr. Breese clarified that if the applicant did not pull a permit by the end of this year, their traffic
concurrency application would expire.
Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische closed
the floor for public hearing.
Ms. Grecivic commented the applicant was very talented. Mr. Lis agreed and announced Dr.
Keller was his veterinarian at one time.
Motion
Vice Chair Hay moved approval of the one-year (1) year site plan time extension for major site
plan modification approval (MSPM 06-001) granted on March 21, 2006, from March 21, 2007 to
March 21, 2008. Ms. Grcevic seconded the motion that unanimously passed.
6. Old Business
A. Land Development Regulations Rewrite
Code Review
1.
Project:
Agent:
Description:
Land Development Regulations Rewrite (CDRW 07-004)
City- Initiated
Request to amend a portion of the Land Development
Regulations Part III, Chapter 1, Article II. Definitions to provide a
first set of revisions based on updated uses, new or proposed
sections, and consolidations of definitions currently provided
within individual chapters as part of the LDR rewrite project.
Ed Breese, Principal Planner, presented the rewrite of the Land Development Regulations
(LDR) and explained the changes. A PowerPoint presentation was made, a copy of which is
available in the City Clerk's Office. The changes discussed were contained in the Department of
Development Planning and Zoning Memorandum dated March 28, 2007, and are also available
in the City Clerk's office. Mr. Breese explained the Land development Code had been amended
numerous times since 1961. A consultant was retained to rewrite the Code in 2002 and then
the City took over the task in 2004.
Significant changes discussed and taken from the presentation were as follows:
};> Mixed-Use District Regulations were updated
};> Workforce Housing Regulations were drafted
};> M-1 Zoning District was Analyzed
};> Non-residential uses were adopted
};> Commercial signage was updated
3
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORJ\t.l
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl? Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April] 7, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4,2007 (Noon)
D May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
[gJ May ] 5,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations [gJ City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM D Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing D
RECOMMENDATION:
Approve user rate adjustments recommended for FY 2008 through FY 2011. The new adjustments will be required
to service debts needed to support the operations and maintenance, capital, and improvement programs of the
Utilities Department.
EXPLANATION:
On September 5,1990, the user rate structure was adjusted and a five-year incremental rate increase was
established by the City Commission. However, the last year of that rate increase was withheld, in 1994. Since
then, various components of the user charges, mainly capital, connections, and ancillary, were modified in FY
1993, 2000, and 2002. In 2000 the storm water fee was, for instance, increased from $1.00 to $6.00, but that fee
was decreased from $6.00 to $5.00 in 2002.
Thus, no further increase to the user rates has been made since September 1994.
In 2005 the City commissioned a rate study to analyze and evaluate the water, wastewater, and storm water rate
structure. Subsequently, that study has proposed water and waste water rate increases for Fiscal Years 2008
through 2012, as shown in the table below:
System 2007 2009 210 2011 2012
water 10.0% 10.0% 8.0% 4.0% 0%
Wastewater 10.0% 8.0% 4.0% 2.0% 1.5%
Storm water 0 0 0.0% 0.0% 0.0%
No change was proposed to the storm water rate which will remain at $5.00 per Equivalent Residential Unit (ERU).
The increases will be needed to meet the projected Utilities debt service requirements, and fund contributions into
the City's General Fund and the Utilities Repair and Replacement Improvement program. The analysis of the
study was based on an in-depth review of the revenue requirements of the water, wastewater, and storm water
programs, to include improvements to the existing system. Several iterations were conducted to derive optimal
user rates that promise minimum financial impact on the rate payer. The proposed adjustments will provide
adequate revenues to address the existing and future water, wastewater, and storm water program needs of the
Utilities operations through 2012.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
It is noteworthy to indicate that despite the proposed adjustments the City will still stand out as among the very top
tier of the lowest utility rates in the region.
A modification to the capital charges for both the water and waste water programs was also proposed, as follows:
Status Water Wastewater !
Proposed $1 , 122 $665 I
Current $ 933 $166 I
The significant increase in the wastewater capital facilities charge is attributable to the increase in cost of the
additional capacity to the wastewater transmission network.
PROGRAM IMPACT:
The City's long-term water supply and treatment expansion program, and the various mandated programs, will be
implemented to meet future growth needs and address regulatory mandates, respectively. Several neighborhood
improvement projects will be resuscitated, as well, in order to improve the deteriorating conditions of the water,
wastewater, and storm water infrastructure conditions within the City's neighborhoods.
FISCAL IMPACT: (Include Account Number where funds will come from)
A cumulative debt-financing of $84.4 Million at an annual average interest of 3.95% over a 20-year term was
realized. This is structured as staggered multiple revenue bonds and low interest State Revolving Fund (SRF)
loans, as shown in the schedule below:
Type Interest Annual Term 2007 2009 I 2010 ! 2011 2012 I
I I I
Payment
Rev. Bond 1 4.75% $2.0 M 20 vears $ 27.8 M
Rev. Bond 2 6.00% $1.2 M 20 vears $20.6 M
SRF 1 3.00% $1.1 M 20 years $16 M
SRF 2 3.00% $0.7 M 20 years $10 M I
SRF 3 3.00% $0.7 M 20 vears $10 M
This financing arrangement is the recommended one of three options, with a more moderate rate burden on the
rate payer over a longer time. It funds only 80%, as opposed to 100% in the other 2 options, and incurs additional
debt in an outer year to fund the 20% difference.
AL TERN A TIVES:
Fund only the mandated portion of the CIP program, categorized under projects "A" and not fund the CIP projects
categorized as "B." However, this option will defer execution of the projects in category "8" to a future date. The
consequences of that will be further deterioration of the infrastructure and attendant project cost escalations. The
oPti7ill subject th!)ty to a~onal c~~t in(=~~es due to price escalat' s from delays.
~: I ," Iv~~ t:;;:L~-r
J Department Head's Signature Ity Manager's Sig ature
Assistant to City Manager ~
(,["/\ \....--i"tr'('
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
)
)
Report
City of Boynton Beach User Rate and
Capital Facilities Charge Update
Prepared for
City of Boynton Beach
April 2007
CH2MHILL
) Executive Summary
This summary presents the results of CH2M HILL's water, wastewater, and stormwater rate
analysis and proposed water, wastewater, and stormwater rates for the City of Boynton
Beach. CH2M HILL recommends that the City adjust its water and wastewater rates in each
year from FY 2008 through FY 2011 to help ensure that sufficient revenues will be generated
through those rates to meet the new debt service requirements and the City's other financial
commitments. This report also reiterates CH2M HILL's recommendation that the City issue
debt to finance improvements needed to continue serving existing customers, as well as to
have sufficient capacity for new growth. The other financial commitments include
depositing funds into the Renewal and Replacement and Improvement Account that will be
used to pay for anticipated system repairs and replacements and making transfers to the
City General Fund.
To meet the forecast debt service requirements and fund the forecast deposits into the R&R
account and transfer to the City General Fund, water and wastewater rate increases are
necessary. Overall, water rate revenues are proposed to be increased by 10 percent in FY
2008, by 10 percent in FY 2009, by 8 percent in FY 2010, and by 4 percent in FY 2011. With
these increases, the City's water rates should generate sufficient revenues under the forecast
assumptions to meet the water system's needs through FY 2012. The fiscal plan for the
utilities also indicates that the City's wastewater rates will need to be adjusted during the
forecast period (through FY 2012). The proposed wastewater rate adjustments call for a
10 percent wastewater rate revenue increase in FY 2008, followed by an 8 percent increase in
FY 2009, a 4 percent increase in FY 2010, a 2 percent increase in FY 2011, and 1.50 percent
increase in FY 2012. Similar to the water revenues, the City's rates should generate sufficient
revenues under the forecast assumptions to meet the wastewater system's needs through FY
2012. Per direction of the City, no proposed adjustments for the City stormwater rates are
proposed during the study period.
Exhibits ES-l and ES-2 present the current and proposed, respectively, water, wastewater,
and stormwater rates for FY 2007 through FY 2012. Under the FY 2008 proposed 10 percent
increase in water rates, the base charge for inside city residential customers will increase
from $4.00 to $4.40, and from $8.00 to $8.80 for commercial customers. Under the proposed
rates, the number of blocks in the City's water volume rates would increase from three to
four. The volume rate per thousand gallons of water consumed increases from $1.15 to $1.96
per thousand gallons for the first 9,000 gallons of water consumed. The rate per thousand
gallons for consumption between 9,001 and 30,000 gallons per month would increase from
$1.96 to $2.67 per thousand. Consumption between 30,001 and 50,000 gallons per month
would be $3.44 per thousand. Consumption in excess of 50,000 gallons per month would
increase to $4.24 per thousand gallons.
The wastewater rates are proposed to increase by 10 percent in FY 2008. The base charge
will increase to $11.14, and the volume charge will increase to $2.02 per thousand gallons,
with a 7,OOO-gallon-per-month cap on usage for residential customers. The stormwater rates
will remain at the current charge of $5.00 per Equivalent Residential Unit (ERU).
GNV31013363100B.DOC/071060007
ES-1
COPYRIGHT 2007 BY CH2M HILL, INC. . COMPANY CONFIDENTIAL
) EXHIBIT ES-1
City of Boynton Beach Current Water, Wastewater, and Stormwater Rates
Description Usage Current Rate Units
Water Rates
Inside Town
Residential Base $4.00 Minimum
Commercial Base $8.00 Minimum
Volume: 0-9k (or 4-9k) $1.15 per 1,000 gallons
Volume: 10-30k $1.96 per 1,000 gallons
Volume: 30k< $2.75 per 1,000 gallons
Outside Town
Residential Base $5.00 Minimum
Commercial Base $10.00 Minimum
Volume: 0-9k (or 4-9k) $1.44 per 1,000 gallons
Volume: 10-30k $2.45 per 1,000 gallons
Volume: 30k< $3.44 per 1,000 gallons
Sewer Rates
Inside Town
Residential Base $10.13 Minimum
) Commercial Base $10.13 Minimum
Apartment Base $10.13 Minimum per Unit
Laundry Base $10.13 Minimum
Residential/Apartment Volume: 0-7k (max 7k) per Unit $1.54 per 1,000 gallons
Commercial/Laundry Volume: Unlimited $1.54 per 1,000 gallons
Outside Town
Residential Base $12.66 Minimum
Commercial Base $12.66 Minimum
Apartment Base $12.66 Minimum per Unit
Laundry Base $12.66 Minimum
Residential/Apartment Volume: 0-7k (max 7k) per Unit $1.93 per 1,000 gallons
Commercial/Laundry Volume: Unlimited $1.93 per 1,000 gallons
Sewer Only-No Meter - Inside $20.91 Minimum
Sewer Only-No Meter. Outside $26.71 Minimum
GNV310133631008.DOC1071060007
ES-2
COPYRIGHT 2007 BY CH2M HILL, INC. . COMPANY CONFIDENTIAL
)
EXHIBIT ES-1
City of Boynton Beach Current Water, Wastewater, and Stormwater Rates
Description
Hypoluxo Harbor
Tropical Breeze
Colonial Estates
(3 Above) - per Unit
Briny Breeze
(Briny Breeze)
Little Club
Village of Golf
Jamaica Bay
Gulfstream H.O.
Royal Manor
(5 Above)
Usage Current Rate Units
Minimum
$12.66 Minimum
$12.66 Minimum
$1.93 per 1,000 gallons
$496.00 Minimum
$1.54 per 1,000 gallons
$ Minimum
$1,833.00 Minimum
$4,400.69 Minimum
$ Minimum
$ Minimum
$1.45 per 1,000 gallons
Stormwater Rates
Base $5.00 per ERU or individual unit
Applies to All
Note:
1 Equivalent Residential Unit (ERU) = 1,937 square feet.
) EXHIBIT ES-2
City of Boynton Beach Proposed Water, Wastewater, and Stormwater Rates
Proposed Rate
Description Usage FY2008 FY2009 FY2010 FY2011 FY2012 Units
Water Rates
Inside Town
Residential Base $4.40 $4.84 $5.23 $5.44 $5.40 Minimum
Commercial Base $8.80 $9.68 $10.45 $10.87 $10.87 Minimum
Vol.: 0-9k (or $1.16 $1.27 $1.37 $1.43 $1.43 per 1,000 gallons
4-9k)
Vol.: 10-30k $2.07 $2.27 $2.45 $2.55 $2.55 per 1,000 gallons
Vol.: 30-50k $2,75 $3.03 $3.27 $3.40 $3.40 per 1,000 gallons
Vol.:50k< $3.39 $3.73 $4.03 $4.19 $4.19 per 1,000 gallons
Outside Town
Residential Base $5.50 $6.05 $6,53 $6.80 $6.80 Minimum
Commercial Base $11.00 $12,10 $13.07 $13.59 $13.59 Minimum
Vol.: 0-9k (or $1 .44 $1.59 $1.72 $1.78 $1.78 per 1,000 gallons
4-9k)
Vol.: 10-30k $2.58 $2.84 $3.07 $3.19 $3,19 per 1,000 gallons
GNV310133631008.DOC/071060007 ES.3
COPYRIGHT 2007 BY CH2M Hill, INC. . COMPANY CONFIDENTIAL
) EXHIBIT ES-2
City of Boynton Beach Proposed Water, Wastewater, and Stormwater Rates
Proposed Rate
Description Usage FY2008 FY2009 FY2010 FY2011 FY2012 Units
Vol.: 30-50k $3.44 $3.78 $4.08 $4.25 $4.25 per 1,000 gallons
Vol.: 50k< $4.24 $4.67 $5.04 $5.24 $5.24 Per 1,000 gallons
Sewer Rates
Inside Town
Residential Base $11.14 $12.03 $12.15 $12.77 $12,96 Minimum
Commercial Base $11.14 $12.03 $12.15 $12.77 $12,96 Minimum
Apartment Base $11.14 $12.03 $12.15 $12.77 $12.96 Minimum per Unit
Laundry Base $11.14 $12.03 $12.15 $12.77 $12.96 Minimum
Residential! Volume: 0-7k $1.69 $1.83 $1.90 $1.94 $1.97 per 1,000 gallons
Apartment (max 7k) per
Unit
Commercial! Volume: $1.69 $1.83 $1.90 $1.94 $1.97 per 1,000 gallons
Laundry Unlimited
Outside Town
Residential Base $13.93 $15.04 $15.64 $15.95 $16.19 Minimum
) Commercial Base $13.93 $15.04 $15.64 $15.95 $16.19 Minimum
Apartment Base $13.93 $15.04 $15.64 $15.95 $16.19 Minimum per Unit
Laundry Base $13.93 $15.04 $15.64 $15.95 $16,19 Minimum
Residentiall Volume: 0-7k $2.12 $2.29 $2.38 $2.43 $2.4 7 per 1,000 gallons
Apartment (max 7k) per
Unit
Commerciall Volume: $2.12 $2.29 $2.38 $2.43 $2.47 per 1,000 gallons
Laundry Unlimited
Sewer Only- Base $23.00 $24.84 $25.83 $26.35 $26.75 Minimum
No Meter -
Inside
Sewer Only- Base $28.79 $31.09 $32.33 $32.98 $33.47 Minimum
No Meter -
Outside
Sewer Accounts - Master
Meters
Hypoluxo Base Minimum
Harbor
Tropical Base $13.93 $15.04 $15,64 $15.95 $16.19 Minimum
Breeze
Colonial Base $13.93 $15.04 $15.64 $15.95 $16,19 Minimum
Estates
GNV310133631008.DOC1071060007 ES,4
COPYRIGHT 2007 BY CH2M HILL, INC.' COMPANY CONFIDENTIAL
) EXHIBIT ES-2
City of Boynton Beach Proposed Water, Wastewater, and Stormwater Rates
Proposed Rate
Description Usage FY2008 FY2009 FY2010 FY2011 FY2012 Units
(3 Above) - Volume 7k $2.12 $2.29 $2.38 $2.43 $2.47 per 1,000 gallons
per Unit max<
Briny Breeze Base $545.60 $589.25 $612.82 $625.07 $634.45 Minimum
(Briny Volume $1.69 $1.83 $1.90 $1.94 $1.97 per 1,000 gallons
Breeze)
Little Club Base Minimum
Village of Base $2,016.30 $2,177.60 $2,264.71 $2,310.00 $2,344.45 Minimum
Golf
Jamaica Bay Base $4,840.76 $5,228.02 $5,437.14 $5,545.88 $5,629.07 Minimum
Gulfstream Base Minimum
H.G.
Royal Manor Base Minimum
(5 Above) Volume $1.59 $1.72 $1.79 $1.82 $1.85 Per 1,000 gallons
Stormwater Rates
Applies to All Base $5.00 $5.00 $5.00 $5.00 $5.00 per ERU or individual
unit
) Note:
1 ERU=1 ,937 square feet
Exhibit E5-3 shows the impact of the proposed FY 2006-FY2012 rates on the bills of typical
residential users. The exhibit shows that residential users will see an increase in their
combined water, wastewater, and stormwater bills of 10 percent, or $2.21, if they consume
5,000 gallons per month. More than one-half of the City's residential water bills have billed
consumption of fewer than 5,000 gallons per month. Exhibit E5-4 presents the impact of the
proposed FY 2008 rates on residential users' bills for usage ranging from 3,000 to
30,000 gallons per month. Exhibit ES-5 presents similar information for commercial users
with usage varying from 3,000 to 100,000 gallons per month.
The capital facilities charge for the water system capacity, which include any new
expansions during the projection period (FY 2007 through FY 2012), is projected to be $1,122
per ERU compared to the current fee of $933 per ERU. The wastewater capital facility charge
is currently $166 per ERU and is based on the additional capacity created and the associated
cost, the projected wastewater fee is $665 per ERU.
GNV310133631008.DOC/071060007
ES-5
COPYRIGHT 2007 BY CH2M HILL, INC. . COMPANY CONFIDENTIAL
Impact on Typical User Bills 5 K Gallons
$10
$-
FY2007
FY2OO8
FY2OO1
FY2010 FY2011 FY201Z
. Water Minimum
. Water Volume
D Sewer Minimum
DSewerVoIume .Stormwater Total
EXHIBIT ES-3
Typical Bill Comparison - 5,000 Gallons Combined Water, Wastewater and Stormwater Bills
Current and Proposed Rates (FY 2007-FY 2012)
Based on the proposed rate increases to the water and wastewater system, as well as the
change in both systems' capital facilities charges, CH2M HILL projects that the City will
generate enough revenue to cover its expenses projected herein and to meet any bond
coverage requirements in FY 2007 through FY 2012.
Exhibit ES-6 presents a comparison of the City's water and wastewater bills for 7,000 gallons
of water consumed, with other South Florida communities. The chart shows that the City's
combined water and wastewater bills are and will continue to be competitive with these
other communities.
GNV310133631008,DQC/071060007
E~
COPYRIGHT 2007 BY CH2M HIll, INC. . COMPANY CONFIDENTiAl
$90
$80
_ Residential CUrrent Ralls (Adual Ra1a SlNCU'e)
_ Resldentiel Proposed Rates (New Ra1a SlNCU'e)
__ Peroentage Change
m
S60
ili$5ll
t
6
::;; $40
530
S20
S10
$0
.::'~:)
GoIono .
.
",,'
EXHIBIT ES-4
Typical Bill Comparison - 30,000 Gallons Combined Residential Water and Wastewater Bills
FY 2008 Proposed Rates
S500
5150
$450
=~~=:~=~.r==m~~!
-.- pementage Change
$400
5350
5300
III
f $250
$200
5100
$50
$0
EXHIBIT ES-5
Typical Bill Comparison - 100,000 Gallons Combined Commercial Water and Wastewater Bills
FY 2008 Proposed Rates
GNV31 0133631 OOS.DOC! 071060007
COPYRIGHT 2007 BY CH2M HIll., INC. . COMPANY CONFIDENTiAl
9%
Il%
7%
Il%
5%
4%
3%
2%
1%
0%
14%
12%
10%
B'Yo
6%
4%
2"....
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BOI'NTON BEAOi 2012
Palm e..aoh eo.n,
BOVNTON BEAOl2Ol1
BD'r'NTON BEAOi 20Il
BOVNl'ONBEAOl2l109
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$10.00
$20.00
$30 00
$.<0.00
s-~o 00
S50.00
510 00
S80 00
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$10000
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EXHIBIT ES-6
Comparison of the City of Boynton Beach's Water and Wastewater Bills with Other Communities for 7,000 Gallons of
Water Consumed
GNV310133631008,DOC/071060007
ES-B
COPYRIGHT 2007 BY CH2M HIll, INC. . COMPANY CONFIDENTIAL
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX.-CITY MANAGER'S
REPORT
ITEM B.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon,) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1,2007 April 16, 2007 (Noon) 0 July 3,2007 June 18, 2007 (Noon)
X May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations X City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
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RECOMMENDATION: To accept status report on the Youth Violence Prevention Project (YVPP).
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EXPLANATION: The Youth Violence Prevention Project Inter-local agreement was approved by the City of Boyilton
Beach City Commission on February 13th and the Palm Beach County Board of County Commission on February 27, 2007.
The City received its signed copy on March 6, 2007,
Manae:ement Committee
The Vice-Mayor Jose Rodriguez was appointed by the City Commission to serve as the City Commissions representative on
this project. Assistant City Manager Wilfred Hawkins and Ms, Scott met with Vice-Mayor Rodriguez to discuss the
formation of the Executive Committee, which will be established to oversee the management of the program. The Executive
committee will have a maximum of 12 members. Bylaws have been drafted and will be included as part of an orientation
packet for new membership, Candidates for the Executive Committee have been identified and will be contacted to determine
their interest. Bylaws have been drafted to provide procedures for managing the YVPP. Once this board convenes, Steering
Committee and Teen Council will be organized to assist with planning, resources and advocacy.
Staffim!
On February 13th, the three positions, Coordinator, Teen Project Specialist, and Office Associate were submitted to Human
Resources for a classification and compensation review, as required by city policy. Human Resources completed the
classification and compensation study on March 2151 and advertised them in the local newspapers on March 25th. The job
announcements are posted and will be advertised until the positions are filled.
It has been determined that there is not sufficient office space within City Hall to house the three positions; therefore, we are
exploring office space locations within the target area.
Proe:ram Coordination
Regenia Scott, Neighborhood Services Manager and Wilfred Hawkins, Assistant City Manager convened a meeting with the
police department personnel to discuss deployment of the law enforcement strategy. The police will conduct door-to-door
canvassing to gain data on community and crime prevention needs.
Ms. Scott conducted site visits and interviews with the teen services providers currently servicing the target area (Juvenile
Transition Center, MADDADS, and Community Foundation, Inc.). These organizations are the most visible in providing
educational, recreational and social development services. In accordance with the proposal and contract agreement, the initial
focus will be to provide these organizations to strengthen, enhance and expand their capacity to service more youth in the
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
target area. Performance measures and evaluation will be established as part of any program deliverables. Additional
partnership agreements for services will be pursued as needs are clearly identified.
Community Outreach and Collaboration
Since no staff under the YVPP grant has been hired, the Neighborhood Services Manager has assumed the duties of
Coordinator and is meeting with various community leaders and businesses to discuss the Youth Violence Prevention Project
and to gain their support. On March 14th she and Wilfred Hawkins attended the Chamber of Commerce luncheon and gave a
presentation on the project. A lot of support was developed and several potential partnerships in the works. The Manager of
Sears, located in the Boynton Beach Mall, agreed to assist with providing job opportunities and job skills training. The
Director of Marketing for the Simon's Boynton Beach Mall, expressed interest in supporting the initiative. A meeting will be
scheduled to discuss all possibilities,
Teen Advisorv Council
The development of a Teen Council will be the responsibility of the Teen Project Specialist, which is yet to be hired. In the
interim, either MADDADS or the City's recreation staff may assume this role.
Proe:ram Services
Ms. Scott is working with Finance to set up process for service agreements and met with Mary DeGraffenreidt, Sr. Manager
with Recreation & Parks and her staff to discuss the immediate development of teen programming at Hester Center. She and
her staff are developing program plans and schedules for teen activities. The Hester Center will serve as a satellite site for
youth empowerment activities; however, the Wilson Center will serve as the official Youth Empowerment Center for the
target area.
PROGRAM IMPACT: None relative to this report
FISCAL IMPACT: (Include Account Number where funds will come from) Grant funding is currently $300,000.
.~TERNATIVES: Not to accept the status report
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Assistant to City Manager
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City Attorney! Finance
Department Name
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.1.
ex. - CITY MANAGER'S
,r{EPORT
ITEM C
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
X May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations X City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: To approve the City making application for Weed and Seed Community designation and funding
from the U. S. Department of Justice.
EXPLANATION: Weed and Seed is a comprehensive community capacity building strategy intended to prevent, control,
and reduce violent crime, drug abuse, and gang activity in targeted high-crime neighborhoods. The strategy is a two-pronged
approach: law enforcement agencies and prosecutors cooperate in "weeding out" criminals who participate in violent crime
and drug abuse, attempting to prevent their return to the target area; and "seeding in" bringing human services to the area,
encompassing prevention, intervention, treatment, and neighborhood revitalization. A community-oriented policing
component bridges the weeding and seeding strategies. COP officers work with residents to remove violent offenders and
crime also assist the residents with revitalization and seeding resources.
The application process consists of two phases; 1) Notice ofIntent due May 31,2007 and 2) Full application due August 30,
2007. A condition of this application is that the local United States Attorney office must be included as a partner in the Weed
and Seed and approves the Weed and Seed site selection. Given the level of coordination, the inordinate amount of resources
to accompany a Weed and Seed Community, and the growth potential of this initiative, Palm Beach County has established a
countywide system to streamline the application and management process by creating the Palm Beach County Weed and Seed
Steering Committee. This committee oversees the creation, development and implementation of all sites established in Palm
Beach County. The Managing Assistant U. S. Attorney for Palm Beach County is the Chair of this committee. Thus, as a
preliminary measure, staff appeared before the countywide Weed and Seed Steering Committee to express interest in making
application for a Weed and Seed designation in the City of Boynton Beach and request their support of the application should
the City Commission approve submitting an application.
Under this initiative, the Executive and Steering Committee's established to oversee the Youth Violence Prevention Project
would also provide oversight to the Weed and Seed strategy. The geographical boundaries for the target area, strategies,
goals and objectives of both initiatives are similar.
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: This is a competitive application process that will award a 5-year site designation and funding
totaling $1 million distributed incrementally over the 5-year period; Year 1: $175,000, Year 2: $250,000, Year 3: $275,000,
Year 4: $200,000, and Year 5: $100,000. A total of 20-30 sites are expected to be funded nationwide. The Weed and Seed
designation provides additional revenues, in-kind partnerships from federal, state, county and local levels. It provides a
framework to link law enforcement activities with prevention, intervention, treatment and neighborhood revitalization, which
would be a valuable asset to the City's high-needs communities. Although Weed and Seed is a 5-year grant of up to $1 million
dollars, there are certain stipulations and factors to be considered, which will have a program impact:
1. This grant is a temporary funding stream that is awarded on a bell curve with increasing and decreasing amounts
over a 5-year period and is subject to Congressional funding and grantee performance. As these funds diminish
replacement funding will be needed to sustain the efforts and programs developed.
2. This is a crime prevention strategy that requires the applicant (City) to address the issues of crime and
neighborhood deterioration through a comprehensive needs assessment, redeployment of existing public and
private resources, and leveraging resources through partnerships. This will require internal program assessments
and commitments from various city departments to actively participate, partner and reallocate funding and/or
staffmg to accomplish the project goals and objectives.
3. The U.S. Attorney's Office has to be notified and actively engaged in the site planning and development. The
U.S. Attorney's Office involvement will be at the countywide Weed and Seed level.
4. A Steering Committee that includes at least 25 percent resident participation is required.
5. Each site is required to have an overall site director and it is strongly encouraged that the director be a full-time
position. The grant may be used to pay for this position.
6. Each site must have at least one Safe Haven in the designated area. A Safe Haven is a multi-purpose human
services center where a variety of youth and adult services are coordinated.
7. Requires a 25 percent non-federal match either cash or in-kind services and restricted to the sa.lle use of funds as
allowed for federal funds. It is proposed that the Youth Violence Prevention Project grant or in-kind services be
used to satisfY this match requirement.
8. Requires that 50 percent ofW &S funds must be directed toward Weed related approaches (law enforcement
and community policing) and 40 percent must be directed towards Seed-related approaches involving
Prevention, Intervention, Treatment and Neighborhood Restoration.
9. Must not allocate more than half of the weeding portion to law enforcement overtime.
10. A local evaluation of the initiative and all programs is expected.
FISCAL IMPACT: (Include Account Number where funds will come from) The fiscal impact resulting from a
subsequent award of Weed and Seed funding would be as follows:
.,..i;1:isi:w~~jjid,;,S~;ill.diil'li;~116catihll.);..
Year I: $175,000
Year 2: $250,000
Year 3: $275,000
Year 4: $200,000
Year 5: $100,000
;:(:Wt;ea;iDJjt1l'i~ti!:i(50~.ore:J'ant) .
Year I: $175,000 ($87,500)
Year 2: $250,000 ($125,000)
Year 3: $275,000 ($137,500)
Year 4: $200,000 ($100,000)
Year 5: $100,000 ($50,000)
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$43,750 - YVPP grant or In-kind services
$62,500 - YVPP grant or In-kind services
$68,750 -In-kind services
$50,000 -In-kind services
$25,000 - In-kind services
".;;,'.Si~difii~~~lj'l'~Wl.40o/J()fl!rant)
$175,000 ($70,000)
$250,000 ($100,000)
$275,000 ($110,000)
$200,000 ($80,000)
$100,000 ($40,000)
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ERNATIVES: Do not apptove City nutldng application for Weed and ~~ designation and funding.
'.~
CIty anager's Signature
Assistant to City Manager ~
Neighborhood Services
Department Name
City Attorney I Finance
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM,DOC
NOTICE OF INTENT TO SUBMIT AN APPLICATION TO
FY 2008 WEED AND SEED COMMUNITIES (WSC)
1. Name and Location of Proposed Community:
Bovnton Beach Weed and Seed Communities
Neighborhood Comprised of several diverse neiahborhoods.
City: Bovnton Beach
County: Palm Beach
State: Florida
2. Population Size of the Proposed WSC: 16.829
3. Is the Proposed WSC:
Tribal (3K-50K)
Rural(3K-50K).
Urban (7,500-50K) X
4. Applicant type (city, non-profit, etc.) City
5. Identify specific boundaries (Le., street name/numbers) of the proposed designated area.
a. 1-95 West
b. Federal Hiahwav East
c. Miner Road North
d. Woolbriaht Road South
6. Is this an area in a jurisdiction with an existing or former Weed and Seed site? No
Contact Information for Official submitting this Notice of Intent:
Name: Reaenia H. Scott
Title: Neiahborhood Services Manaaer
Organization: City of Bovnton Beach
Address: 100 E. Bovnton Beach Blvd. P.O. Box 0310. Bovnton Beach. FL 33425-0310
Phone: (561) 742-6029
Email: scottr@ci.bovnton-beach.f1.us
o Yes, we have informed our U. S. Attorney's Office that we are interested in participating
in the FY 2008 Weed and Seed Communities application process.
Note: The involvement of the United States Attorney is required to become a Weed and
Seed Community.
This form is for CCDO's internal planning process. It must be emailed to CCDO at
2008WSCApplications@usdoj.gov by 11:59 pm eastern time on May 31,2007. Please note
that failure to submit a complete Notice of Intent that includes all of the required information will
result in the community being ineligible to apply for funding pursuant to this FY 2008 solicitation.
CCDO recommends that you submit this notice as soon as possible.
1. Organize and convene a preliminary Weed and Seed Steering Committee.
Target area residents and city representative will be selected to participate as
members of the countywide Steering Committee that is headed up by the Managing
Assistant United States Attorney for the Southern District of Florida. Additionally, the
City will convene an Executive and Steering committee that consist solely of targeted
area residents, city leadership, and community organizations, social service agencies,
education and businesses to address local target area/community issues. These
issues will be communicated to the countywide Steering Committee to organize and
direct countywide resources to the site.
2. Select a designated focus area.
The boundaries for the service area are 1-95 to the West, Federal Highway to the East,
Miner Road to the North, and Woolbright Road to the South. According to the U. S.
Census 2000, the target area falls within census
tracts 57.01, 57.02, 61.00, and 62.01. The target
area is located in U.S Congressional District 19,
represented by the Honorable Robert Wexler and
U.S. Senator Mel Martinez and U.S. Senator Bill
Nelson.
Boynton Beach C-... 2000
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3. Notify the U. S. Attorney's Office:
The Managing Assistant U.S. Attorney was notified
via a countywide Weed and Seed Steering
Committee meeting held on May 2,2007.
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4. Conduct a preliminary needs assessment of the designated area.
PART ONE CRIME: OFFENSE
HOMICIDE
FORCIBlE 'S6JWAL OFFENSES
R088ERY
AGGRAVATED ASSAULT
BURGLARY
LARCENY
AUTO THEFT
PART TWO CRIME; OFFENSE
SIMPLE ASSAULtS
FORGERY AND COUNTERFEITING
FRAUD
EMBEZZLEMENT
STOLEN PROPERTY
BUYING. ReCEIVING. POSSESSING
VANDAlISM
WEAPONS OFFENSES
PROSTITUTION
DRUG OFFENSES
GAMBLING
OFFENSES AGAINST FAMIL YICHILOREN
2005
1
2
40
172
193
366
104
133
11
44
o
1
210
9
148
216
o
75
all
69
133
404
725
2271
368
2452
5261
13239 12776
2005
430
72
291
1
2
596
26
171
445
o
168
576
9422
OUI 41 11 167 82
Source: City of Boynton Beach Police Department and Florida Department of Law Enforcement. Crime in
Florida, Florida Uniform Crime Report, 2003, 2004, 2005 [Computer program]. Tallahassee, FL: FDLE. Florida
Statistical Analysis Center.
5. Indicate the type of site.
The targeted site is located at the northeastern section of the City and 67 percent of
the residents are African-American, Haitian and Hispanic. According to the 2000
Census; the total population of the target area was 16,829 which represent 25 percent
of the City's population of 67,071 (University of Florida, Bureau of Economic and
Business Research). The City of Boynton Beach is one of 38 municipalities located in
southern Palm Beach County, Florida and as of 2006, Palm Beach County had a
population of 1,287,987 (University of Florida, Bureau of Economic and Business
Research). In relation to income, the median income for the target area is $31,905,34
percent less than the median income of the City's of $48,399 (U.S Census 2005
American Community Survey Report). The approximate six square mile targeted area
has the highest concentration of crime, offenders, drug use and sales, violent crime,
poverty and unemployment.
FAQ, Weed ~ Seed - Community Capacity Development Office (CCDO)
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Page 1 of 10
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CCDO Home I Weed & Seed
Weed It Seed
FAQs
: Weed & Seed FAQs
D'
o ~
General Weed & Seed FAQs
...................................................................................................................
. What is Weed and Seed?
. How does Weed and Seed work?
. How can I be a part of Weed and Seed?
. How do I get funding from Weed and Seed?
. What is the role of the Steerino Committee?
. How do I get in touch with the right contact person at CCDO?
. What is a oraduated site?
. How can I promote my Weed and Seed strategy in mv community?
. How do I get a Weed and Seed logo?
. What evaluations are there of Weed and Seed?
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Q: What is Weed and Seed?
A: Weed and Seed is foremost a strategy-rather than a grant program-that aims to prevent, control, and
reduce violent crime, drug abuse, and gang activity in targeted high-crime neighborhoods across the
country. Weed and Seed sites range in size from several neighborhood blocks to 15 square miles.
.&.w
Q: How does Weed and Seed work?
A: The strategy involves a two-pronged approach: law enforcement agencies and prosecutors cooperate in
"weeding out"criminals who participate in violent crime and drug abuse, attempting to prevent their
return to the targeted area; and "seeding" brings human services to the area, encompassing prevention,
intervention, treatment, and neighborhood revitalization.
A community-orientated policing component bridges weeding and seeding strategies. Officers obtain
helpful information from area residents for weeding efforts while they aid residents in obtaining
information about community revitalization and seeding resources.
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Q: How can I be a part of Weed and Seed?
A: See if there is a Weed and Seed site in your community by checking the Weed and Seed Site Directory.
If you are not currently a Weed and Seed site but think that your neighborhood has a serious crime
problem that requires a broad-based, comprehensive response, contact the mayor's office or local law
enforcement agency to explore the possibilities. In addition, the U.S. Attorney's Office (USAO), which
serves as the lead contact for Weed and Seed activities, will help you apply for funds and will assist in
selecting, convening, and serving on a Steering Committee. The USAO's law enforcement coordinator
can assist you with determining if your community is a potential site.
.&.w
Q: How do I get funding from Weed and Seed?
A: Weed and Seed is a strategy rather than a grant program. Interested communities are eligible to apply
for funding from CCDO, based on availability of funds that are awarded on a competitive basis. For more
http://www.ojp. usdoj .gov/ ccdo/ws/faq .html
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Page 2 of 10
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details, see CCDO Funding. Promoting the long-term health and resilience of the community, howeir3r,
is the true goal of Weed and Seed, so sustainabilitv without federal funds must be a key part of a site's
structure.
Q: What is the role of the Steering Committee?
A: The Steering Committee completes initial development steps, oversees and manages program goals
and objectives, coordinates the activities of Weed and Seed subcommittees, implements a coordinated
law enforcement and neighborhood restoration plan, approves program changes, documents program
activity, and evaluates the overall program.
.)
....
The Steering Committee may include, but is not limited to, the following:
. U.S. Attorney.
. Mayor.
. Chief of police.
. Nonprofit leaders.
. Regional leaders of federal agencies (e.g., U.S. Departments of Housing and Urban
Development and Health and Human Services, Small Business Administration).
. Private business owners.
. Residents (including youth and the elderly).
. Faith-based representatives.
. District prosecutor.
. Representatives from city agencies (e.g., housing, code enforcement, Department of
Recreation).
. Union representatives.
. Corporations operating in the target area.
. School administrators,.teachers, and the superintendent.
. Law enforcement coordinator from the U.S. Attorney's Office.
. Military community outreach staff.
The U.S. Attorney, who should initially convene this core group of local officials, must work closely with
city, state, and federal officials, as well as members of the community and the private sector, to
accomplish the program's goals. The responsibility for developing the strategy rests with the steerinf
committee. At its discretion, the steering committee may designate a local or state agency or official
such as a city manager to be in charge of the program's daily operations.
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Q: How do I get in touch with the right contact person at CCDO?
A: CCDO program managers are responsible for Weed and Seed sites in specific states. To review the list
of program managers, visit Contact CCDO.
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Q: What is a graduated site?
A: A graduated site is one that has completed its years of funding and maintains an organizational structure
that continues to work on the strategic plan for the site, including weeding and seeding efforts.
Graduated sites continue to develop, coordinate, and deliver services that enhance quality of life and
improve public safety. As part of a sustainability plan, resources continue to be committed to the site
strategy even though federal funding has ended. Once graduated, a site may no longer apply for funding
through CCDO. If a community wants to reapply as a WSC, they may do so, but only in a new
neighborhood that cannot overlap with any parts of the graduated site.
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Q: How can I promote my Weed and Seed strategy in my community?
A: Community involvement is essential to the success of a Weed and Seed site. Getting residents and
grassroots faith-based and community organizations involved from the very beginning is essential. A
number of tools are available to assist sites in communicating effectively and in mobilizing the
community. For more information, see Promotinq the Weed and Seed Strategy.
~
Q: How do I get a Weed and Seed logo?
A: Only WSCs may use the Weed and Seed logo. To download the logo, visit the Weed and Seed section
of this site.
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Q: What evaluations are there of Weed and Seed?
A: Individual Weed and Seed sites track their progress on a regular basis. A national Weed and Seed
evaluation, which looked at eight sites in detail, was completed in 1999. The results of that evaluation
can be found by visiting the Publications section. In addition, the Justice Research and Statistics .
Association tracks site outcomes and overall program performance through the Weed and Seed Data
Center.
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2007 Guidelines FAQs
LJl
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. 2007 Guidelines FAQ Topics
Sites
. What is the name for the sites funded under this initiative?
. Does the FY 2007 competitive initiative replace the current Official Recognition (OR) process?
. May OR sites that have never received funding participate in this new process?
. May states. units of local government. and neighborhood and community-based oroanizations that
currently have a funded OR site apply under this new program if the proposed site is in a different
geographic area?
. For an FY 2007 site, what constitutes a "different geoQraphic area?" Whv is this reQuirement important?
. Can an FY 2007 site be composed of two separate geographic areas?
. Are all OR applicants that will be denied this year eliQible to apply for WSC next year?
. Are points Qiven for the use of evidence-based. best practice programs?
. Are there additional points for high crime rate areas?
. Are there special reQuirements for rural communities?
. What constitutes a "sufficient magnitude" in determining the appropriate size and density of a potential
Weed and Seed Community site. and why is it important?
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Q: What is the name for the sites funded under this initiative?
A: The sites will be called Weed and Seed Communities (WSC).
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Q: Does the FY 2007 competitive initiative replace the current Official Recognition (OR) process?
A: Yes. An important difference between this initiative and the former OR process is that it is a competitive
process that does not require a recognition phase prior to eligibility for funding. The name change is
designed to help avoid any confusion with WSC regulations and those associated with former Official
Recognition designation.
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Q: May OR sites that have never received funding participate in this new process?
A: Yes.
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Q: May states, units of local government, and neighborhood and community-based organizations
that currently have a funded OR site apply under this new program if the proposed site is in a
different geographic area?
A: Yes.
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Q: For an FY 2007 site, what constitutes a "different geographic area?" Why is this requirement
important?
A: A "different geographic area" is considered to be a section of a city, county, or tribal area well apart from
the location of existing Weed and Seed sites. There are two primary reasons for this requirement:
1) The new FY 2007 Guideline requirements governing new sites are considerably
different from the previous guidelines governing the existing sites, which could cause
confusion if the sites were in close proximity. Specifically, there are unique
requirements contained in the FY 2007 Guideline that pertain to: the steering committee
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composition, distribution of funding, focus on reentry and evidence-based programs, the
pre-award period, and the use of existing resources to initiate and sustain Weed and
Seed programs.
'.
2) Weed and Seed grant supported sites are meant to be prototypical, not serial efforts.
The grant funds are intended to help communities finance the development of an initial
experimental site and are considered to be a relatively small short-term investment. They
are not intended to be the primary resource for initial or continued intervention in the
target area or subsequent neighborhood areas the community may target in the future.
.W
Q: Can an FY 2007 site be composed of two separate geographic areas?
A: No. This assumes that minor separations (e.g. a streeUfreeway, a river or creek) may exist but they do
not constitute significant boundaries.
.W
Q: Are all OR applicants that will be denied this year eligible to apply for WSC next year?
A: Yes.
.&.W
Q: Are points given for the use of evidence-based, best practice programs?
A: No, however, we encourage applicants to strongly consider the value and use of evidence-based
programs.
.W
Q: Are there additional points for high crime rate areas?
A: No, however, it is important to emphasize that such areas are the intended focus of the Weed and Seed
program.
.&. ):D12
Q: Are there special requirements for rural communities?
A: No.
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Q: What constitutes a "sufficient magnitude" in determining the appropriate size and density of a
potential Weed and Seed Community site, and why is it important?
A: If there is a disproportional amount of serious and violent crime and other social problems in the target
area compared to the community as a whole, then there would be "sufficient magnitude" to warrant the
larger jurisdiction's concern and a corresponding response, including an array of additional resources.
For example, if a community had a population of approximately 200,000 and the WSC had a population
of approximately 20-50,000, that site would represent about 10 to 25 percent of the community, or
"sufficient magnitude" to warrant a Weed and Seed type of intervention.
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Management Structure/Steering Committee
. What is the makeup of the Steerino Committee?
. Will the Steerino Committee maintain general oversight of programs it would transfer to existinQ
community aoencies following the initial period of development?
. What is the reason for having so many decisionmakers be part of the Steering Committee?
Q: What is the makeup of the Steering Committee?
A: The committee should be made up of equal parts of community-based residents/organizations and 10~1
decision makers. A minimum of 25 percent of the community-based component must be community
residents not serving in an official capacity, and the balance should be representatives of community-
based (including faith-based) organizations who mayor may not live in the community. The second
component would comprise public (Le., city, county, or state officials) and private decisionmakers.
AW
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Q: Will the Steering Committee maintain general oversight of programs it would transfer to existing
community agencies following the initial period of development?
A: Yes, the Steering Committee and the U.S. Attorney would maintain general oversight of the transferred
programs through regular agreed upon updates from the designated community agencies. The intent is
to free the Steering Committee from program management responsibilities so it can focus primarily on
program development.
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Q: What is the reason for having so many decisionmakers be part of the Steering Committee?
A: The composition of the Steering Committee should reflect the existing resources necessary to respond
to specific problems. As an example, if the committee chose reentry as a primary focus then it would
want to include representatives from an array of control systems (Le., community corrections, law
enforcement, parole, and the judiciary-reentry court) and support systems (Le., remedial education,
employment readiness, mental health, substance abuse, housing, faith-based) to ensure an appropriate
response, that is, the deployment of the necessary services. These committee members could be
appointed for 1- to 3-year terms. It is also important to realize that decisionmakers otten work together
on a variety of efforts in the community and as a result they can help influence other decisionmakers to
participate and provide resources. We strongly recommend that sites consider representatives from the
following (and possibly other organizations, as appropriate):
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1. City Government Decisionmakers (Mayor's Office, Public Works, Planning Commission, Police
Department)
2. Community Residents
3. U.S. Attorney's Office
4. Local Prosecutor
5. Drug Enforcement Administration
6. Welfare Agencies
7. State and Community Corrections
8. Parole
9. Judiciary
10. School Board and Superintendent
11. Mental Health Agencies
12. Employment Readiness and Job Development Agencies
13. Housing Organizations
14. Remedial Education
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Site Director
. Is there an experience reQuirement for the site director's position?
. Do the oroposed WSC Director's resume and a job description have to be included as part of the
application?
Q: Is there an experience requirement for the site director's position?
A: No. We strongly suggest, however, that the Steering Committee consider education, professional
experience, and tenure as important criteria in selecting an individual who has the capacity to
adequately represent and articulate to both community residents and decisionmakers the problems of
the WSC and corresponding resources necessary to improve the site.
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Q: Do the proposed WSC Director's resume and a job description have to be included as part of the
application?
A: Yes.
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Problems and Needs Assessment
. Vl/hy are the crime and other mapping requirements necessary?
. Must a site's most prevalent crime and social problems be oart of the WSC's multi-year strategy?
. Vl/hy focus on both Part I and Part II Crime?
· Shouldn't the Needs Assessment of the WSC area noted in the section dealing with Development Phase
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Activities precede the development phase section?
Page 6 of 10
.
,.
Q: Why are the crime and other mapping requirements necessary?
A: Communities must be able to articulate the problems and the needs of the WSC in order to determine
their program priorities and to develop a compelling case for the redeployment of existing resources into
the site. Mapping is an easy, effective way to present and display the problems and needs in a graphic
and quickly understood manner.
"'w
Q: Must a site's most prevalent crime and social problems be part of the WSC's multi-year strategy?
A: Yes, it is assumed that the most prevalent problems would be part of the strategy. If this is not the case,
then the rationale for not including them in the strategy must be provided.
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Q: Why focus on both Part I and Part II Crime?
A: Where there is a high incidence of Part I Crime there is also a corresponding incidence of Part II Crime
activity. While Part I Crime activity may be more destructive, Part II Crime activity (e.g., child abuse,
molestation/sex offenses, vagrancy, public intoxication, etc.) also are destructive and certainly can
diminish the viability of the community.
.w
Q: Shouldn't the Needs Assessment of the WSC area noted in the section dealing with Development
Phase Activities precede the development phase section?
A: No. This is referring to a more in-depth assessment of specific problems well beyond the preliminary
assessment used to determine the overall appropriateness of the geographic target location of the Weed
and Seed Community as a high crime area with numerous social problems.
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Reentry
. Is reentrv now considered to be another program area, alone with law enforcement: community policing;
prevention. intervention. and treatment: and neighborhood restoration?
. Why is it necessary for a WSC to address reentry?
. How is the Weed and Seed reentry effort defined (i.e.. Weed or Seed or both)?
. By encouragino Weed and Seed sites to focus on manaeing and supportino serious and violent offenders
returning from correctional institutions, isn't CCDO redirecting Weed and Seed Communities' focus and
resources primarily into reentry to the exclusion of other worthy efforts?
Q: Is reentry now considered to be another program area, along with law enforcement; community
policing; prevention, intervention, and treatment; and neighborhood restoration?
A: No. Recognizing that an effective reentry strategy requires both control and support resources, a reentry
strategy would encompass a variety of services from many, if not all, of the program areas noted.
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Q: Why is it necessary for a WSC to address reentry?
A: The supervision and support of returning offenders-given their propensity for committing new crimes
and establishing or emboldening existing crime networks-should absolutely be a primary Weed and
Seed focus. The recidivism among serious and violent offenders returning from prison is estimated to be
67% within three years of release, with 22% rearrested for violent crime. Corrections, law enforcement,
and social service systems most certainly should focus in a coordinated manner, through the Weed and
Seed strategy, on this easily defined high-risk population.
.-""'"'"0
Q: How is the Weed and Seed reentry effort defined (i.e., Weed or Seed or both)?
A: Reentry programs can satisfy both the 'Weeding" and "Seeding" sides of the Weed and Seed strategy.
The most effective reentry programs use an array of resources typical of both sides of the Weed and
Seed continuum. Weed and Seed funding can be used for managing and supervising returning offender
populations (through law enforcement, corrections, and judicial systems) as well as for development of
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Page 7 of 10
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"support services" within the context of intervention and treatment-to include those involving mental
health, employment, substance abuse prevention, housing, welfare, faith-based, and transportation
services.
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Q: By encouraging Weed and Seed sites to focus on managing and supporting serious and violent
offenders returning from correctional institutions, isn't CCDO redirecting Weed and Seed
Communities' focus and resources primarily into reentry to the exclusion of other worthy
efforts?
A: No. Although CCDO considers reentry to be a very important concern, CCDO is not suggesting that it is
the only concern with which a WSC should be involved. Most ex-offenders, though, are likely to return to
their high-crime neighborhoods to commit Part I offenses and clearly this crime activity warrants specific
attention by Weed and Seed sites. If the returning offender population is not addressed by a coordinated
effort, the Weed and Seed Community is at high risk of being revictimized.
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Pre-Award Development Stage
. What is the timeframe for sites to "implement" their proQrams in the Pre-Award Development stage?
. What if a site cannot complete its plan in one year?
Q: What is the timeframe for sites to "implement" their programs in the Pre-Award Development
stage?
A: Sites will have approximately a year to develop and implement their unfunded Pre-Award Development
stage (Le., from the letter of intent in April of 2006 until the verification visits to the applicant sites are
completed by 2007).
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Q: What if a site cannot complete its plan in one year?
A: No site should feel compelled to compete if it does not believe it can meet the organizational and
program development requirements of the initiative.
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Strategy Plan
. What constitutes a Weed effort?
. What constitutes a Seed effort?
. Is there a limit on the number of Weed and Seed efforts a site may initiate?
. Is CCDO reQuiring the same goals and obiectives template for OR sites to describe their WSC efforts?
. What kind of evidence of effectiveness do "Best Practices" programs need to have?
Q: What constitutes a Weed effort?
A: A specific programmatic activity focused primarily on the control of crime in the target area. It may
involve one or a selection of responses, including law enforcement and prevention, intervention, or
treatment.
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Q: What constitutes a Seed effort?
A: A programmatic activity focused primarily on a specific social problem. It may involve one or a selection
of responses including prevention, intervention, or treatment. It may also address the physical
restoration of some portion of the target area.
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Q: Is there a limit on the number of Weed and Seed efforts a site may initiate?
A: No. Sites are required to focus on at least four specific Weed and Seed efforts over their five years of
funding eligibility, but they may elect to undertake additional efforts as well. By limiting their number of
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Page 8 of 10
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efforts, however, communities may be more effective in achieving substantial change in a select nlJintler
of areas. Focusing on a large array of problems may take considerably longer and use more resources
to achieve an effective impact.
... T_
Q: Is CCDO requiring the same goals and objectives template for OR sites to describe their WSC
efforts?
A: Yes. Please see the Appendices for additional information.
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Q: What kind of evidence of effectiveness do "Best Practices" programs need to have?
A: Best Practices-programs that sites should be modeling-should have experimental or quasi-
experimental research design with a statistically significant sustained effect for at least a year. They also
should address other criteria regarding study design and execution (e.g., adequate measurement,
attrition, effect size, and sample size).
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Funding
. Please describe the new orant funding structure.
. How many sites are expected to be funded?
. How will CCDO manage extensions?
Q: Please describe the new grant funding structure.
A: There will be five annual awards totaling $1 million incrementally distributed during the 5-year eligibility
period:
Year 1: $175,000
Year 2: $250,000
Year 3: $275,000
Year 4: $200,000
Year 5: $100.000
Total: $1.000.000
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Q: How many sites are expected to be funded?
A: The number of sites funded will depend on the availability of FY 2007 funding; however, CCDO expects
to make awards to between 20 and 30 sites.
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Q: How will CCDO manage extensions?
A: Extensions for the expenditure of unused grant dollars will be considered on a case-by-case basis. Sites
should be aware, however, that grant extensions will be considered only once for each grant award.
Continuous requests for extensions may reflect financial management problems and could have a
detrimental effect on future funding.
"'I2J;!
Budget
. Can leveraoing be included as part of the budget structure?
. Are we still using the same budget template?
. What is the overall point distribution for the initiative's Budget section?
. What is meant by "redeployment of existing resources" and how is it accomplished?
Q: Can leveraging be included as part of the budget structure?
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A: Leveraged funds should be explained in the context of the implementation of a specific program. The
funds should not, however, be included in the budget conceming proposed expenditure of the grant
award funds.
Page 9 of 10
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Q: Are we still using the same budget template?
A: Yes.
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Q: What is the overall point distribution for the initiative's Budget section?
A: The Budget section is part of a larger section, VIII, Budget, Sustainability and Leveraging which totals16
points of the 100 total points for the entire initiative. The Budget and Budget Narrative section (VIII. A.) is
10 points; the Sustainability and Leveraging section (VIII. B.) is 6 points. NOTE: The fiscal agent
requirement in the Management Structure section (IV)-which totals 2 points-addresses budget
administration.
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Q: What is meant by "redeployment of existing resources" and how is it accomplished?
A: Redeployment of existing resources refers to the movement of local or state public/private funds from
one activity not associated with the WSC to another in support of one or more specific WSC
programmatic efforts. For example, a school system may dedicate resources from an existing budget
area not associated with the WSC target area to support the development of an alternative school for
failing students within the WSC target area.
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Sustainability
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. Is the purpose of the letter of commitment [see Memorandum of Agreement on p.19 of the Guideline] to
encourage sustainability?
Q: Is the purpose of the letter of commitment [see Memorandum of Agreement on p.19 of the
Guideline] to encourage sustainability?
A: Yes, the letter of commitment allows the decisionmakers who control the specific resources and
expertise to design, develop, and implement the various activities recommended by the Steering
Committee to specifically define the contribution(s) of their resources.
"'w
Training
. How many video conferences will be provided for USAOsILECCs and the potential sites reQarding the
reQuirements of the new guideline?
. Will CCDO provide technical assistance reQarding best practices?
. Why does CCDO focus training and technical assistance on selected Weed and Seed problems common
to most communities? Shouldn't it focus on specific needs of the participating Weed and Seed
Communities?
. When could a new Weed and Seed Community be prepared to provide oeer-to-peer training and
technical assistance to other communities?
r
Q: How many video conferences will be provided for USAOsILECCs and the potential sites
regarding the requirements of the new guideline?
A: CCDO anticipates approximately two to three such conferences depending on the interests of the
USAOs and the potential applicants.
"'w
Q: Will CCDO provide technical assistance regarding best practices?
A: CCDO will explore developing training about evidence-based program repositories and other less
http://www.ojp. usdoj .gov/ccdo/ws/faq.html
5/1/2007
FAQ, Weed & Seed - Community Capacity Development Office (CCDO)
~a?e 10 of 10
rigorous best practice models that have the readiness to inform and support replication in the sites"- ..
CCDO may use Web-based or video conferences as opposed to national and regional conferences
(these are difficult and expensive for CCDO to organize and for local communities to attend).
.-
Q: Why does CCDO focus training and technical assistance on selected Weed and Seed problem~
common to most communities? Shouldn't it focus on specific needs of the participating Weed
and Seed Communities?
A: Many Weed and Seed sites confront similar crime and social problems. Selecting training and technical
assistance that informs how to assess and most effectively respond to these problems is the most
efficient method. Some resources would remain available to respond to ad hoc needs/problems beyond
those considered most common, but they would be limited.
"'w
Q: When could a new Weed and Seed Community be prepared to provide peer-to-peer training and
technical assistance to other communities?
A: Perhaps as early as the initial year of funding; however, such training would probably be focused on
selected programmatic efforts rather than on the WSC's overall Weed and Seed approach.
...w
General
. What are the consequences if selected WSC sites don't provide appropriate program and financial
reports as reQuired?
. Will an application be reiected if it is does not have a specific part completed?
Q: What are the consequences if selected WSC sites don't provide appropriate program and
financial reports as required?
A: All participating WSC sites must comply with the established reporting requirements to which they ml
agree prior to receiving any funds. A grantee will risk the interruption of grant resources or perhaps even
forfeit some or all of their grant funding if they do not comply.
"'w
Q: Will an application be rejected if it is does not have a specific part completed?
A: Yes. If applicants have questions regarding a specific section of the application it is their responsibility to
contact CCDO for clarification prior to submission.
.w
DO] Home I OJP Home I Contact OJP
Privacy Policy I FOIA I U5A.aov
http://www.ojp.usdoj .gov/ccdo/ws/faq.html
5/1/2007
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM D
AGENDA ITEM REQUEST FOID._
0:::::
f);> ~ co
- f"l1
.<::"" ("") J>
.<::"" f"l1("")
:r:
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 17,2007 April 2, 2007 (Noon.) D June 19, 2007
D May I, 2007 April 16,2007 (Noon) D July 3, 2007
~ May 15,2007 April 30,2007 (Noon) D July 17,2007
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007
June 4,2007 (Noon)
June 18,2007 (Noon)
July 2, 2007 (Noon)
July 16, 2007 (Noon)
NATURE OF
AGENDA ITEM
D AnnouncementslPresentations
D Administrative
D Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
~ City Manager's Report
D New Business
D
D
D
Legal
Un[mished Business
RECOMMENDATION: The State of Florida has requested City approval of the attached agreement that provides for
certain funding and maintenance responsibilities associated with construction of new signal hardware at the Florida East Coast
Railway grade crossing on SE 23rd Avenue. Staffrecommends that the City Commission not approve this agreement.
EXPLANATION: For many years, Cities have entered into agreements with the railroads and/or the State of Florida (State)
concerning the construction and maintenance of at-grade highway rail crossings. For example, the City has long term
agreements with the Florida East Coast Railway (FEe) for the maintenance of grade crossings (street pads) as well as for
maintenance of crossing signal hardware.
The State and the FEC are once again contemplating an agreement whereby the grade crossing signals on the FEC line at SE
23rd Avenue will be constructed. The agreement primarily defines the terms between that the State and the FEC such that the
crossing signals will be constructed by the FEC at State expense. The State submitted the attached agreement to the City for
review in October of 2006 because the State and FEC are once again requesting that the City be a party to this agreement. In
particular, the City was requested to fund and/or provide the following services:
I. The City of Boynton Beach was requested to ensure that" the crossing advance warning signs and railroad crossing
pavement markings will conform to the U.S. Department of Transportation Manual on Uniform Traffic Control
Devices within 30 days of notification that the railroad signal improvements have been completed and that such signs
ad pavement markings will be continually maintained at an acceptable level", and
2. The City of Boynton Beach was requested to fund 50% of the maintenance expense of the signal hardware
City staffhad serious concerns regarding the above encumbrances upon the City with respect to this crossing. Of significance
is the fact that SE 23rd Avenue is a County maintained highway. Therefore the City has no lawful right to install or maintain
traffic control signs and markings as were required in item number one above. Therefore, City staff advised that the State that
this matter could not be forwarded to the City Commission for ratification. Furthermore, staff questioned whether the City
should have any responsibility for maintenance expense because Palm Beach County maintains SE 23rd A venue.
In response to City staff concerns, the State liaison on this project contacted Palm Beach County Staff and was able to procure
a letter from the County acknowledging that the County will assume full responsibility for maintaining the signs and markings
necessary to warn motorists of the highway rail grade crossing. The State was unable to amend the text of the agreement to
delete paragraph four that requires the City to maintain these appurtenance because the agreement is comprised of standard
language Statewide and any modification could compromise the State's ability to maintain standard language. The State was,
on the advice of their Counsel, able to insert a new paragraph number 24 that refers to correspondence from the County dated
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
March 12, 2007, wherein the County acknowledges its responsibility to maintain the signs and pavement markings on SE nrd
Avenue. Therefore, issue #1 identified by staff above has been addressed.
City Staff continues to have reservations regarding issue number 2 raised above. To explain Staff concerns some background
regarding the funding of highway maintenance is in order. Both County and City units of government are allocated gas tax
dollars to be used for maintaining public highways. These dollars are to be used to fund all aspects of right of way and
highway maintenance necessary to accommodate safe and reasonable through traffic movement. Gas tax dollars are allocated
according to several formulas, however the basic premise for allocation is consistent in that funding is allocated to Counties
and Cities based upon the number of highway lane miles each agency is responsible for. Essentially, the larger number of
miles that an agency is responsible to maintain, the higher level of funding that agency will receive.
In this scenario, the County receives all the gas tax allocation for the maintenance of SE nrd Avenue and the City receives
nothing. During City Staffs discussions with the State, Staff advised the State that it was not appropriate for the City of
Boynton Beach to fund 50% of the maintenance of the signal hardware of SE 23rd because this roadway is maintained by Palm
Beach County and not the City of Boynton Beach. The State attempted to have this language amended to require the County
to be responsible for 50% of the signal hardware maintenance expense but the County declined to participate in this expense
despite the fact that SE 23 rd A venue is a County highway and the County receives gas tax dollars to maintain the street for
through traffic. It is the County's position that because this crossing falls within the corporate limits of the City of Boynton
Beach that the City should be responsible for shared expense to maintain the signal hardware and not the County. Ironically, if
this crossing were located on a County highway in an unincorporated area, the County would absorb the shared expense of
signal hardware. The County has a similar approach to funding streetlights and medians on County highways in Cities and
unincorporated areas.
The issue for City Commission consideration is not necessarily one of cost. Frankly, the City share of annual maintenance
expense of new signal hardware would likely be less than $5,000 if the Commission approved this agreement. The real issue
is related to highway jurisdiction and the use of gas tax dollars. City Staff believes that Palm Beach County should be
responsible for all shared costs with the State and FEC related to the SE 23rd A venue rail crossing because this crossing
supports continued though traffic movement on SE 23rd Avenue, a County highway.
Staff recommends that the City Commission not approve this agreement and instead request that the State seek County
participation in the shared maintenance expense of the signal hardware. Of course, the County could continue to only fund
rail crossings by policy in the unincorporated areas and this could lead to closure of the SE 23rd A venue Crossing.
PROGRAM IMP ACT: NA
FISCAL IMP ACT: If approved the agreement would require an expense estimated at $5,000 per year funded from local
options gas taxes.
Approve the agreement and fund the required maintenance( penses in lieu of the County providing
I1v~
City Manager's Signature
Assistant to City Manager .~ ~
Public Works / Engineering
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS'AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION R07-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE MAYOR AND CITY CLERK
7 TO EXECUTE A RAILROAD REIMBURSEMENT
8 AGREEMENT GRADE CROSSING TRAFFIC
9 CONTROL DEVICES ON SOUTHEAST 23RD
10 AVENUE, AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the attached agreement from the State of Florida Department of
14 Transportation represents work that is necessary whereby the grade crossing signals on
15 the FEC line at Southeast 23rd Avenue will be constructed; and
16 WHEREAS, the agreement defines the terms between the State and the FEe such
17 that the crossing signals will be constructed by the FEC at State expense.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
19 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
21 as being true and correct and are hereby made a specific part of this Resolution upon
22 adoption hereof.
23
Section 2.
The City Commission of the City of Boynton Beach, Florida does
24 hereby authorize the Mayor and City Clerk to execute a Railroad Reimbursement
25 Agreement with the State of Florida Department of Transportation, which is attached
26 hereto as Exhibit "A".
27
Section 3.
That this Resolution shall take effect immediately upon passage.
S:\CAIRESOlAgreements\FDOT -23rd Avenue.doc
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26 I
I
II
II
PASSED AND ADOPTED this _ day of April, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet Prainito, City Clerk
I
(Corporate Seal)
S:ICAIRESOlAgreementsIFDOT -23rd Avenue.doc
~
Florida Department of Transportation
JEB BUSH
GOVERNOR
OFFICE OF MODAL DEVELOPMENT
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
Phone: (954) 777-4490 Fax: (954) 677-7892
October 5, 2006
DENVER J. STUTLER, JR.
SECRETARY
Mr. Jeff Livergood
City of Boynton Beach
100 E. Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33435
Dear Mr. Livergood:
SUBJECT: FM No.:
Location:
County:
Crossing No.:
RRMP:
420475-1-57-01
SE 23rd Avenue
Palm Beach
272485- X
313+848'
Enclosed, please find four (4) copies of the Railroad Reimbursement Agreement Grade Crossing
Traffic Control Devices - Municipal for Burns Road on the FEC Railway. Please execute all four (4)
original copies provided, and return all originals to this office as soon as possible. When all parties
have executed all copies, one (1) original will be returned to your office for your files.
If you have any comments or questions, please feel free to contact me at (954) 777-4499 or by email at
Lauren.Rand@dot.state.fl. us
Sincerely,
~ f2aA~
Lauren A. Rand
Multimodal Coordinator
Office of Modal Development
cc: Nancy Ziegler, District Modal Development Administrator
Rebecca Mainardi, A viationlRail Section Leader
File
Enclosures
www.dot.state.fl.us
OMD
OFFICE OF MODAL DI!YI!LOPIII!NT
CHARLIE CRIST
GOVERNOR
~
Florida Department of Transportation
OFFICE OF MODAL DEVELOPMENT
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
Telephone: (954) 777-4490 fax: (954) 677-7892
L
STEPHANIE KOPELOUSOS
INTERIM SECRETARY
March 16,2007
Mr. Jeff Livergood
City of Boynton Beach
100 E. Boynton Beach Blvd.
PO Box 310
Boynton Beach, Florida 33435
Dear Mr. Livergood;
RE:
FM#
Location:
County:
Crossing No.:
RR.MP.
420475-1-57-01
SE 23rd Avenue
Palm Beach
272485-X
313+848'
Enclosed are six copies of a revised page of the contract. It was revised to include language to clarify the
ownership and responsibility ofSE 23rd Avenue. Also, I have enclosed six copies ofa letter from Palm Beach
County agreeing to install signs and pavement markings after the project is complete. Please insert these new
documents into the agreement as suggested.
Should you need additional information, please do not hesitate to call me at (954) 777-4499.
Sincerely,
i. \~. Ii
i 11: fill ~ II . ,(i !
,~V .l
Lauren A. Rand
Multimodal Coordinator
Office of Modal Development
cc: Nancy Ziegler, Modal Development Administrator
Rebecca Mainardi, Aviation & Rail Section Leader
File
W\R 2 \ 2007
ENGINEERING
www.dot.state.fl.us
3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
725-090-27
RAIL
OGe - 06/03
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES. MUNICIPAL
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RIW NUMBER FAP NUMBER
42047515701 SE 23rd Avenue PALM BEACH 00S4-044-J
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
DEPARTMENT, and Florida East Coast Railway, L.L.C.
a corporation organized and existing under the laws of Florida
with its principal place of business in the City of St. Augustine
, County of St. Johns
State of Florida , hereinafter called the COMPANY; and the City of Boynton Beach
a municipal corporation, hereinafter called the CITY.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road
System, designated by the Financial Project ID420475-1-57-01
on SE 23rd Avenue , which crosses at grade the right of way and
tracks of the COMPANY'S Milepost 313+848'
FDOT/AAR Crossing Number 272485-X
as shown on DEPARTMENT'S Plan Sheet No. Location Map
, at or near Boynton Beach
, attached hereto as a part hereof; and
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree
as follows:
Type
1.
III
The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals
Class III
and/or other traffic control devices at said location on an actual cost basis
and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the
DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof.
2. After installation of said signals is completed, fifty (50%) percent of the expense thereof in maintaining the
same shall be borne by the CITY and fifty (50%) percent shall be borne by the COMPANY, as enumerated by the Schedule
of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof
and subject to future revision.
3. After said signals have been installed and found to be in satisfactory working order by the parties hereto,
the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or
its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties
hereto that the signals are no longer necessary or until the said crossing is abandoned: or legal requirements occur which
shall cease operation of signals thereat.
725-U90-27
RAIL
OGe. 06/03
The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the
COMPANY, but at the expense of the party initiating such relocation. Upon relocation the maintenance responsibilities
shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintaining any
additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above.
4. Unless otherwise agreed upon herein, the CITY agrees to insure that at the crossing the advance
warning signs and railroad crossing pavement markings will conform to the U.S. Department of Transportation Manual on
Uniform Traffic Control Devices within 30 days of notification that the railroad signal improvements have been completed
and that such signs and pavement markings will be continually maintained at an acceptable level.
5. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said road
in accordance with the provisions set forth in the:
o (a)
DEPARTMENT Procedure No. 725-080-002 Appendix 0.4, and Rule 14.57.011 "Public
Railroad-Highway Grade Crossing Costs", Florida Administrative Code.
181 (b)
Federal Highway Administration Federal-Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646,
Subpart S, and 23 C.F.R., Subchapter S, Part 140, Subpart I,
and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY
further agrees to do all of such work, with its own forces or by a contractor paid under a contract let by the COMPANY, all
under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable.
6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the
installation and/or adjustment of said facilities, in accordance with the provisions of Procedure No. 725-080-002 Appendix
0-4 "Billing Requirements," and any suppiements thereto or revisions thereof. It is understood and agreed by and
between the parties hereto that preliminary engineering costs not incorporated within this agreement shall not be subject
to payment by the DEPARTMENT.
7. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work
to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof in the amount
of $ 199,080.00 . All work performed by the COMPANY pursuant hereto, shall be performed according
to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid
participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway
Administration, when applicable.
8. All labor, services, materials, and equipment furnished by the COMPANY in carrying out the work to be
performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of
contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the
DEPARTMENT.
725-090-27
RAIL
o GC - 06/03
9. The COMPANY has determined that the method to be used in developing the relocation or installation cost
shall be as specified for the method checked and described hereafter:
18I (a)
o (b)
o (c)
10.
Actual and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
Actual and related indirect costs accumulated in accordance with an established accounting
procedure developed by the COMPANY and approved by the DEPARTMENT.
An agreed lump sum $ 0.00 , as supported by a detail analysis of estimated
cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the
proposed adjustment exceeds $100,000.)
The installation and/or adjustment of the COMPANY'S facility as plannedO will
@ will not
involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or
nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required
o
and will be governed by the method checked and described hereafter):
o
o
(a)
% will be applied to the final billing of work actually accomplished to determine
required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments).
(b)
All work involving nonreimbursable segments will be performed by special COMPANY work or job
order number apart and separate from the reimbursable portion of the work; such work or job order
number to be . The COMPANY further agrees to clearly identify such
additional work areas in the COMPANY'S plans and estimates for the total work covered by this
Agreement.
$ 0.00 credited for 0 betterment 0 expired service life'
o nonreimbursable segments in accord with Article 9.(c) hereinabove.
(c)
11. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT
shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above
installation and/or adjustment work.
12. It is further agreed that the cost of all improvements made during this adjustment work shall be borne by
the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of
adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph.
725.090-27
RPIL
OGe 06/03
13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish the
DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work
performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate
attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies,
handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved
plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation
following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and
replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge
for the replacement or the original charge for temporary use.
The final billing shall show the description and site of the Project; the date on which the first work was performed,
or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was
incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location
where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the
COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit
by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the
above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such
actual costs as approved by the DEPARTMENT'S auditor.
14. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the State Chief Financial Officer under Section 215.422(14), Florida
15. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement:
If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract
Manager prior to payments. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
16. Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in
accordance with DEPARTMENT Rule 14-57.011 "Public Railroad-Highway Grade Crossing Costs" and the Federal
Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work."
725-090-27
RAIL
aGe - 06103
17. In accordance with Section 215.422, Florida Statutes, the following provisions are in this Agreement:
Contractors providing goods and services to the Department should be aware of the following time frames. Upon
receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement
specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to
Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contractor.
Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices which
h3ve to be returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The
invoice payment requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State
Chief Financial Officer's Hotline, 1-800-848-3792.
18. Records of costs incurred under terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for three years after final payment is
made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs
incurred includes the Contractor's general accounting records and the project records, together with supporting
documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of
the Contractor and subcontractors considered necessary by the Department for a proper audit of costs.
19. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS
($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are
hereby incorporated:
The Department, during any fiscal year, shall not expend money, incur any liability, or enter into
any contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract, verbal or written,
made in violation of this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the Comptroller of the Department that such funds
are available prior to entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but
any contract so made shall be executory only for the value of the services to be rendered
725-090-27
RAIL
OGC-06/03
or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year.
20. In accordance with Section 287.133 (2)(a), Florida Statutes, the following provisions are included in
this Agreement:
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may nottransact business with any public entity in excess of
the threshold amount provide in s.28 7.017 for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list.
21. In accordance with Section 287.0582, Florida Statues, the following provisions are included in this
Agreement:
The Department's obligation to pay under this section is contingent upon an annual appropriation by the Florida
Legislature.
22. Tho COMPANY coven::mtc ~nd ~groec th~t it will indemnify 3nd hold h3rmloss the DEPARTMENT 3nd ~II
of the DEP,^,RnAEt'JT'S officorc, 3gontc, ~nd omployoes from ~ny cbim, lose, d~m3g8, cost chargo, or oxponso
~ricing out of any ~ct, 3ction, neglect, omission or deby by tho COMP,^,t'JY during the perform3nco of the
Gontr~ct, whother diroct orindiroct, ~nd whether to 3n]' person or proporty to which tho DEP/\RTMEt'JT or c3id
p3rties m3Y be cubject, oxcept th3t neither tho COMPNJY nor 3ny of itc cub contr3ctorc 'Nill be Ibblo undor this
section for d3m3gos 3ricing out of injury or d3m~ge to porsons or proport]' diroctl]' c3usod or rosulting from the
cole negligence of the DEP,^,RTMENT or 3ny of its officers, ~gonts, or omployoos.
23. Paragraph 22 stricken prior to execution by the Company and the Department.
24. Notwithstanding provisions in paragraph 4, the section is clarified to indicate that the approaches
to the crossing are owned by and maintained by the COUNTY. Please see the attached letter from Palm
Beach County dated March 12th, 2007.
725-090-27
RAIL
OGe - 06/03
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers,
the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
(TITLE: Director of Transportation Development
BY:
~c~_
. A OIGIaaualadoas
COMPANY:
CITY OF Boynton Beach
, FLORIDA
BY:
(TITLE:
Legal Review
Approved as to Funds
Available
Approved as to FAPG
Requirements
BY:
BY:
Attorney - DOT
Date
Comptroller - DOT
Date
BY:
FHWA
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CITY RESOLUTION
GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY
725-090.55
RAIL
10/98
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNV NUMBER FAP NUMBER
42047515701 SE 23rd Avenue PALM BEACH 00S4-044-J
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE
INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND
ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS
RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO.
ON MOTION OF Commissioner (Councilman)
seconded by Commissioner (Councilman)
RESOLUTION was adopted:
, the following
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing
a portion of the Public Road System, on SE 23rd Avenue
which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade
crossing over or near said highway; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF Boynton Beach
FLORIDA;
That the City of Boynton Beach enter into a RAILROAD REIMBURSEMENT AGREEMENT with the
State of Florida Department of Transportation and the Florida East Coast Railway, L.L.C.
Company for the installation and maintenance of certain grade crossing traffic control devices designated as Financial
Number 420476-1-57-01 on SE 23rd Avenue which crosses the right of way and tracks of the
Company at FDOT/AAR Crossing No. 272485-X located near Boynton Beach
Florida; and
That the City assume it's share of the costs for future maintenance and adjustment of said grade crossing traffic
control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and
That the Mayor and City Clerk be authorized to enter into such agreements iwth the State of Florida Department
Transportation; and the Florida East Coast Railway, L.L.C.
Company as herein described; and
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the City Commission of the City of Delray Beach
County, Florida, in regular session this day of
Mayor - Commissioner
ATTEST:
(SEAL)
City Auditor and Clerk
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WORK DESCRIPTION
GRADE CROSSING TRAFFIC CONTROL DEVICES
725-090-09
RAIL
05/02
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER
42047515701 SE 23rd Avenue PALM BEACH 00S4-044-J
RAILROAD COMPANY
Florida East Coast Railway, L.L.C.
A.
B.
C.
D.
E.
FL&G, CWT, Event Recorder, Cable
JOB DESCRIPTION & LOCATION:
TYPE OF ROADWAY FACILITY:
FDOT/AAR XING NO.: 272485-X
TYPE CROSSING PROPOSED: III
STATUS AND PROPOSAL:
1. EXISTING DEVICES:
a. None-New Crossing.
b. Crossbuck and Disk.
c. Flashing Signals with Disk.
d. Flashing Signals with Cantilever.
e. ~ Flashing Signals with Gates.
f. Flashing Signals with Cantilever and Gates.
RR MILE POST TIE: 313+848'
CLASS: III DOT INDEX NO.:
178822
(See Agreement dated
2. PROPOSED DEVICES:
a. No revision required.
b. Crossbuck and Disk.
c. Flashing Signals and Disk.
d. Flashing Signals with Cantilever.
e. ~ Flashing Signals with Gates.
f. Flashing Signals with Cantilever and Gates.
g. Relocate existing signal devices:
(1) (With-Without) addition of Gates.
(2) (With-Without) synchronization with highway traffic signals.
(3) (With-Without) constant warning time.
(Safety Index Rating
F.
COMMUNICATION AND/OR POWER LINE ADJUSTMENTS
1. N/A By Others (
2. N/A By Railroad Company.
Company.)
G.
AUTHORITY REQUESTED:
(Draft attached: 0 Yes
City of Boynton Beach, FL
@NO.)
)
1. ~ Agreement (Third Party Participating
2. Supplemental Agreement No.
3. Crossing Permit.
4. Estimate for Change Order No.
5. Letter of Authority.
6. Letter of Confirmation (No Cost to Department).
H. OTHER REMARKS:
Negotiations to be completed by:
Signal installation target date:
Synchronization: (Draft attached 0 Yes @ No.)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
725.[)90-41
RAIL
OGe.01/06
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R!W NUMBER FAP NUMBER
42047515701 SE 23rd Avenue PALM BEACH 00S4-044-J
Florida East Coast Railway, L.L.C.
COMPANY NAME:
A. FDOT/AAR XING NO.: 272485-X
RR MILE POST TIE: 313+848'
B. TYPE SIGNALS PROPOSED III
CLASS III
DOT INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMAT!C
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS
DESCRIPTION
COST*
Flashing Signals - One Track
$2,086.00
II
Flashing Signals - Multiple Tracks
$2,760.00
III
Flashing Signals and Gates - One Track
$3,146.00
IV
Flashing Signals and Gates - Multiple Tracks
$3,950.00
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-57.011
Public Railroad-Highway Grade Crossing Costs
EFFECTIVE DATE:
GENERAL AUTHORITY:
SPECIFIC LAW IMPLEMENTED:
July 22, 1982
334.044, F.S.
335.141, F.S.
*This schedule will become effective July 1, 2006 and will be reviewed every 5 years and revised as appropriate
based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor.
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a
FLORIDA EAST COAST RAILWAY
OFFICE OF THE GENERAL MANAGER
OF SIGNALS AND COMMUNICATIONS
DA':"E:
?I~E:
':"YPE:
CLASS:
NO. OF DAYS:
AAR / DOT #:
MILE POS':":
08/ 8/ 6
Ill:
ITT
6
272485X
313+848'
ESTIMATED COST FOR H:GHWAY CROSSING WARNING DEVICES AT S.E.
This estimate should be considered void after one (1) year.
MATERIAL
GATE ASSEMBLES
GATES
GATE FOUNDATIONS
6' X 8' WIRED CASE, WITH HXP-3R2
BATTERY BOX
BATTERIES, SAFT SPL250
MISC. GROUND MATERIAL
CONDUIT & DIRECTIONAL BORE
CABLE
MISCELLANEOUS RELAY EQUIPMENT
POWER SERVICE
MONITORING EQUIPMENT
SANITATION & DISPOSAL
FREIGHT & HANDLING
TAX @ 6.5%
TOTAL MATERIALS
UNIT COST
$7,479.00
$500.00
$575.
$76,760.
$67 .
(:')1 C,
Y"--!.-~'.
$1,681.57
$45.00
$4,000.00
$1,120.0~;
$1,800.02
$12,985.00
Sl,500.0C
EXCAVATING EQUIPMENT PER DAY
EQUIPMENT RENTAL PER DAY
FOREMAN'S TRUCK PER DAY
GANG TRUCK PER DAY
SUPERVISORS TRUCK PER DAY
EQUIPMENT TOTAL
$182.00
$125.00
535.00
$ 6:' . CO
$3 S. [I
ENGINEERING
ENGINEERING TOTAL
$7,500.00
CONSTRUCTION SUPERVISION
LABOR ADDITIVE
SUPERVISION TOTAL
S312.00
:;:'ABOR PER DAY
NUMBER OF DAYS
:;:'ABOR ADDITIVE
TOTAL LABOR
$1,188.90
GANG EXPENSES PER DAY
NUMBER OF DAYS
TOTAL GANG EXPENSES
$553.00
SUB-TOTAL
CONTINGENCIES 5%
TOTAL
27248SX rev: .xls
ProJect Type:
23rd AVENUE.
UNITS
2 EA.
~ EA.
L
2 EA.
- EA.
- EA.
20 EA.
1 PKG.
35 FT.
1 PKG.
1 PKG.
EA.
1 PKG.
1 PKG.
6 DIWS
6 DAYS
6 DAYS
6 DAYS
6 DAYS
6 DAYS
FDOT
TOTAL COST
:14,958.
::;'1, I~ U'U .
SI/lSC.
76,'760.
'" ,,- ~1 .~
.:;-; G ' '::::'.
$4,30C.
$_,681.
$:,5:0.
54, C:,O[;.
~..;. I .....:.. .
S 1, OC.
S l:~ , t'~'.
:.;, 1, =
::;") ::,
., -~ ,~..I
S;,930.~jC
$161,935.57
$1, 8
S2~C..~,
$2,634.00
$7,500.:)~
$7,500.00
$. _, E: :::.
Slr043.0~
$2,915.00
S4/163.~IC
$11,296.00
$3,318.00
$189,598.57
$9,480.
$199,080.00
NEVV
LOCATION MAP
FEC Railway, LLC
LOCATION:
FINANCIAL PROJECT NO.:
CROSSING NO.:
RAILROAD MILEPOST:
SE 23rd Avenue
420475-1-57-01
272485X
313+848'
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
OFFICE OF MODAL DEVELOPMENT
DISTRICT 4 RAIL OFFICE
PROJECT SCOPE AND COST ESTIMATE
PROJECT INFORMATION
Financial Project No.:
FAP No.:
Location:
County:
Crossing No.:
RRMP:
Company:
420475-1-57-01
00S4-044-J
SE 23rd Avenue
Palm Beach
272485X
313+848'
Florida East Coast Railway, L.L.C.
This proj ect scope and cost estimate was prepared by:
District Aviation & Rail Coordinator
PROJECT SCOPE AND COST ESTIMATE
FL&G, CWT and Event Recorder
$199,080.00
TOTAL ESTIMATED COSTS................................. $199,080.00
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03/15/2007 11:47
oepartment of Engineering
and public works
P.O. BOX 22229
West P"dlm Beach. FL 33416-1229
(561) 684-4000
Fax (56l) 000-0000
www.pbcgav.com
.
Palm Beach County
Board of County
Commissioners
Addle L. Greene, Chairperson
Jeff Koons. Vice Chair
]-(aren T. Marcus
Warren H. Newell
Mary McCarty
Burt Aaronson
Jess R. Samamaria
County Administra1:Qr
Robert Weisman
"!In S'1'lal DpJXl"tllltlty
Ajfit'matfvt: Ac/ion Emplo)'/!?'''
@ printed on recycled paper
,I
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551-584-4171
PBC ENG S\lCS
PAGE 82/02
......../
March 12, 2007
Lauren Rand w Multimodal Coordinator
Office of Modal Development
Florida Departrnent of TranspOltation
3400 W. Corrunercial Boulevard
Ft. Lauderdale, Florida 33309
Ph (954) 777-4499
SE 23RD AVENUE AT THE FLORIDA EAST COAST RAIL WAY
CROSSING (BOYNTON BEACH)
RE;
Dear Ms. Rand:
Pal1n Beach County is willing to provide pavement markings and signing on
SE 23rd Avenue as needed for the upcoming railway safety project.
Signing and striping will be installed within 30-days of a request to install
tllelR
If you should have any questions regarding this request, please contact me at
684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~,u-- ~
Motassem AI-Turk, Ph.D., PE
Assistant Director ~ Traffic Division
MA:K.AH
pc: Andy Hartmann, Technical Assistant III - Engineering Services
File: Roads - SE 23rd Avenue (See Golf Road)
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In., U
l.JU ;~,')r? 1 2 2007
f:\Traffic\MAA\CllIT08Pondence\SEZ3A VE Signing and striping,doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM E
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 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1,2007 April 16, 2007 (Noon) 0 July 3,2007 June 18,2007 (Noon)
18I May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations 18I City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: In light of the current property tax issues we are asking the City Commission to
review and approve The Avenue of the Arts program. This is a discretionary project that is a component of
the Art in Public Places program the Arts Commission has been planning since April 2006. The Arts
Commission recommends that the City eommission approve the program to coincide with the Community
Redevelopment Agency's August 4th Marina Summer Fest as a kick off date for the Avenue of the Arts.
EXPLANATION: The Avenue of the Arts is a yearlong artwork loan program that is designed to attract
visitors to downtown Boynton Beach. The Avenue of the Arts will consist of strategically placed artwork
along Ocean Ave from the Marina area west to Seacrest Ave. The Arts eommission has tentatively selected
10 pieces of artwork. When visitors come to see the artwork they will be exposed to the eity' s amenities
and the new development projects. The Avenue of the Arts will act as a catalyst to stimulate the
downtown redevelopment and promote Boynton Beach as a premier City to "live, work and play".
The Avenue of the Arts is targeted to coordinate its opening with the Community Redevelopment
Agency's August 4,2007 Marina Summer Fest. This celebration includes activities at the Marina and along
Ocean Ave. to Seacrest. The A venue of the Arts will entice visitors to the event activities. The Marina
Swnmer Fest includes a fishing tournament, bands and vendors. The Children's Schoolhouse Museum and
Ocean Plaza will participate in the Marina Summer Fest. By partnering the Avenue of the Arts with the
Marina Summer Fest the City will benefit through the CRA's advertising and promotion of the event.
The Art in Public Places program is actively soliciting sponsorships from developers and businesses to
supplement the costs for the program. See Exhibit C.
PROGRAM IMPACT: There are three components to the Avenue of the Arts implementation. They are:
A) Pad construction to enable artwork installation that meets the 140 mph wind load requirements. A
total of 10 pad locations estimated at a one time cost of $ 38,550.00 includes structural engineering
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
drawings. The pads can be reused year to year for the life of the program. Funds to cover these
coming from Account # 151-211-579-67-01 Acquisition of Public Art. The preferred target is to
have at least 6 pads constructed by the August 4th Marina Summer Event.
B) Artwork shipping and installation is the responsibility of each artist. A stipend of $1 ,000.00 will be
given to each artist after they have installed the artwork totaling $10,000.00. Ten plaques produced
for each artwork is estimated at $1,000.00 plus an estimate of $770.00 total for artwork liability
insurance. In addition, the program plans to budget $50,000.000 to purchase some of the artwork at
the end of the program year. This Artwork will be purchased for permanent installation on City
property. The total of $ 61, 770.00 are costs that will be reoccurring year to year which are planned
to come from account # 151-211-579-67-01 Acquisition of Public Art funds.
C) Costs to marketing the Avenue of the Arts will be provided by the Community Redevelopment
Agency for the Aug. 4th kick off in coordination with the Marine Summer Fest. They will supply
print, radio and a printed map for the A venue of the Arts program. The map can be used for the
year of the program. The A venue of the Arts will continue with additional promotion and marketing
throughout the year through the City's & Boynton Beach Arts web site, BBTV, press releases, Art
& Culture Organizations and Associations. This activity will not incur extra costs.
The Art in Public Places program is working in concert with the Community Redevelopment Agency to
bring visitors and residents to downtown Boynton Beach. The A venue of the Arts will continue to be
promoted and marketed throughout the year.
FISCAL IMP ACT: The Art in Public Places Program is funded from the 30% of the 1 % fees collected as
mandated in the Public Art Ordinance No. 07-002. It is forecasted to collect a total of $193,499.00 in
budget year' 06/'07. Account # 151-211-579-67-01 has budgeted $100,000.00 for both 06'/07' and 07'/08'
to Acquisition of Public Art.
ALTElLl\JATIVES: To not approve t..~e Avenue of the PJts program to launch with the COIllLilU11.ity
Redevelopment Agency's August 4,2007 Marina Summer Event.
DOCUMENTATION ATTACHED:
Exhibit A: Arts Commission Avenue of the Arts 2006 overview.
Exhibit B: Avenue of the Arts program and costs analysis.
Exhibit C: Sponsorship document with Avenue of the Arts map.
Exhibit D: Arts Commission April minutes.
iiL/it- tt-&.; Mu
Department H"j,S Signature
~~~
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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The City of Boynton Beach
EXHIBIT A
OFFICE OF THE CITY MANAGER
100 E. Boynton Beach Boulevard, P.O. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: hawkinsw@ci.boynton-beach.fI.us
www.boynton-beach.org
City of Boynton Beach "Avenue of the Arts" 2006
The City of Boynton Beach Art Cor:nmission in coo~di.nation w~h the .upcomin.g re~ovation of the downtown
area is announcing plans for a public sculpture exhibit that will be Installed In mid October of 2006 and
displayed beginning the first week of November 2006. The location of the sculptures will be starting at
City Hall, located on the comer of Boynton Beach Boulevard and Seacrest Boulevard, then moving south
towards the Old Boynton Beach High School, the New City Library, Children's Museum and the Civic
Center, and continuing east on Ocean Avenue to the Intracoastal Bridge.
This is an invitational event, which means artists have been invited to participate by the Boynton Beach
Art Commission.
This will be a one year loan program, during which time participating artists artworks are for sale and will be
advertised in a the City's Public Art "Avenue of the Arts" advertising and promotion program. The Art
Commission website will be interactive to allow for public comment.
Artists should be aware that pieces submitted for this project must be sturdy to stand up to Florida weather
(rain, wind, etc.) and must be anchored appropriately to the existing space provided or to a pedestal
supplied by artist. Sculptures should not have dangerous or sharp edges. These measures must be
taken to insure public safety.
The City of Boynton Beach will be responsible for liability as it applies to public while sculpture is
displayed on City property. The artist will be responsible for any and all liability to sculpture (induding but
not limited to fire, theft and vandalism.)
The City will pay each chosen artist the fee of $1000.00 for installation and delivery of their sculpture.
Artists will be responsible for delivery and installation.
The Art Commission will schedule a walk through of available sites and discuss which sculptures are best
suited in the various locations. Artists can attend the walk through in person or send a representative.
Artists should submit a purchase price upon application to the "Avenue of the Arts" project. An artwork
may be sold at anytime during the program with the condition that the artwork may not be removed
before the end of the twelve (12) month loan unless the artist can provide an adequate replacement.
A ten percent (10%) fee will be paid to the Art Commission for sales made during the loan period.
These proceeds will benefit the Boynton Beach Public Art Fund.
The Art Commission has agreed to purchase some of the sculptures at the end of the loan period.
The Art Commission will decide this during the last quarter of the program.
Al\.fERICA 'S GATE"WA r TO THE GfJLFSTREAl\.l
EXHIBIT B
AVENUE OF THE ARTS COST ESTIMATE
.
ITEM QUANTITY COST COSTS
PER
Structural engineering - paver/grass, pedestal 1 & 2 3 $350.00 $1,050.00
Pad construction 6'W x 4'D x 12" thick (flush with 10 $3,750.00 $37,500.00
paver/grass) Includes 2 flood up lights with security
grates
Stipend to each artist for shipping and installation 10 $1,000.00 $10,000.00
Plaques for each artwork 10 $100.00 $1,000.00
Liability Insurance for artwork $100,000.00 $.77 per $ 770.00
Value $100.00
15% contingency costs $ 7,650.75
TOTAL $ 57,970.75
Cost estimates above were derived from specs calculated through consultation from City staff, struc-
tural engineers, construction companies and vendors. Actual cost may vary based on structural engi-
neering specs, and materials cost at time of proposal requests.
4/27/07
" ...."..-~"....,"""""~,....,.-~'"'...~""""..."'""~,.",..;
EXHIBIT C
Art in Public Places
presents
"Avenue of the Arts"
August 2007
Revitalizing our community!
The City of Boynton Beach Art in Public Places "Avenue of the Arts" program is dedicated to
attract visitors to Boynton Beach to invigorate the revitalization of downtown Boynton Beach. The
"Avenue of the Arts" is a year long outdoor public art sculpture exhibit beginning August 4,2007.
The "Avenue of the Arts" consists of Public Artwork that is strategically placed to encourage
visitors to travel the Avenue to view each sculpture. As they travel the streets in downtown
Boynton they will be exposed to the many projects that are being developed. This exposure to
Boynton's revitalization will stimulate economic development, attract visitors and improve quality
of life. The "Avenue of the Arts" will showcase Boynton Beach as a destination to relocate their
residence and businesses!
Sponsorship Opportunity
The "Avenue of the Arts" is offering sponsorship opportunities for individuals, businesses,
development projects and corporations. By sponsoring cultural events you will demonstrate your
commitment to making Boynton Beach a premier place to live, work and play!
Did you know?
· The arts produces over 5 million American jobs annually.
· Public Art creates a positive image and identity.
· Creates a sense of civic pride.
· Attracts visitors.
· Increases quality of life
. Is a key component to revitalization and development.
IIMorethan a developer, we are active in Florida's.culttlral evolution,
Ptlrtn.ering1J!:ithUJor'd-renownedarchitect~,desig11;et'san.dartists.
Flo.~~ia.~~li~e~..~,,1!,iet'w}thgr~~t .a.rt.ia~~"a.rfhitt!f!J're... ....~e. gi~e. back
thou8~~e'1ero..tts. co"tributio.nsandcommunitysupporto/arts and
culfi.lrei"itiatives....Tlre.design of eachproj~ctincorpprates original
artwork tro'!'~speftedartistssuchasFern~ndo Botero, Frida Kahlo,
Robert~a.t!a,..Iran!ssa Kltan, Ja,!,es Lecce/and llrian McKee." .........
Jorge M. Perez, Chairman and C.E.O. of the Related Group of Florida.
"Avenue of the Arts" building a Future
"Avenue of the Arts" program serves as the catalyst for policies, programs, and projects that
encourage economic and cultural development on the "Avenue of the Arts" and the promotion of
the Avenue through marketing, beautification projects such as streetscape maintenance, and
careful planning and research for sustainable growth.
"Avenue of the Arts" current Amenities
City Hall
The planned "Avenue of the Arts" route begins at the Boynton Beach City Hall on the corner of
Boynton Beach Blvd. & Sea Crest Blvd. This is the welcoming area for visitors to downtown
Boynton Beach. The City's marquee promotes events and notices. A prominent sculpture will
attract visitors attention to the marquee. The "Avenue" continues south to Ocean Ave. and heads
East towards Federal Hwy. Along this route are many of the City's celebrated facilities.
The Library
The Library's expansion is underway. By fall 2007 it's 62,864 square foot space will be welcome
visitors to the new state-of-the-art facility.
Civic Center
Next to the Library is the City's Civic Center. It is a 60's styled building that hosts many of the
City's activities and programs. Many visitors come to enjoy big band concerts, dance, jazzercize,
Tai Chi and even needle point and language classes.
Art Center
Behind the Civic Center is the Art Center. The Art Center offers after school art classes and Art
Camp for children of all ages.
Old High School
On the north side of Ocean Avenue is the Old High School. This 1927 historical building is planned
for renovation and use as a cultural center with an educational component.
Schoolhouse Children's Museum
Next door is Boynton's prestigious Schoolhouse Children's Museum. It is another historical
renovated 1913 building. The museum was awarded South Florida Parenting Magazine's Best
Children's Museum 4 years in a row! The museum's programs educate children, their parents and
grand parents about the history of Boynton Beach and South Florida. The Museum receives over
35,000 visitors annually.
Community Redeveloping Agency
Ocean Avenue is the location where the CRA hosts concert events throughout the year. Popular
artists that have performed in Boynton are Copland Davis, Nestor Torres, Crystal Gale, Gatlin
Brothers and Cool and the Gang along with local talent. These events are complimented with local
vendor booths. In year one, these concerts drew over 10,000 visitors to downtown Boynton.
Existing Business, Development and Redevelopment
Further down Ocean Avenue where it meets Federal Hwy.
visitors will discover unique shops, businesses and
restaurants. This is the location of the the City's Holiday
parade celebration. Ocean Plaza is a quaint seaside
plaza that hosts many events throughout the year. Visitors
will see the future home of many prestigious mixed use
developments that are building in downtown Boynton
Beach. When you reach the Intracoastal Waterway there
is the newly completed Marina Village and the City's
prime waterfront area. The marina area offers many
things for visitors to do from fishing, diving and boating
trips to dining and dancing along the waterfront.
Streetscapes, Promenades and Waterway Access
The Boynton Beach Extension streetscape linking the Promenade to the Marina Area received the
Florida Redevelopment Association 2006 Capitol Projects Beautification Award. This streetscape
also offers the quite retreat of Pete's Pond and a stroll along the Intracoastal through the
mangrove nature preserve.
"Public art is a critical component to
successful commercial development, "
we are giving something back to the
community, and in so",e smaU.way,
furthering the human. need to. create
beauty. ".........says Craig Menin,
Menin Development a company that
built Downtown at the Gardens.
Celebrating our Community.
"Avenue of the Arts" celebrates and generates awareness of the City's amenities and cultural
offerings by featuring Public Artwork along the avenues in downtown Boynton Beach. The
"Avenue of the Arts" will continue to keep this yearlong outdoor artwork fresh by inviting notable
local and national artists each year. The public can purchase the artwork with proceeds going to
fund the programs future exhibits. The "Avenue of the Arts" will kick off of the yearlong artwork
display with an event that connects the artists with the public. Visitors can learn about the
artwork, how and why it was created by interacting with the artists. Area business will benefit from
kick off event and the attraction of the "Avenue of the Arts" throughout the year.
FOR MORE INFORMATION ON SPONSORSHIPS, SUPPORT
AND INFORMATION CONTACT
Debby Coles-Dobay, Public Art Administrator
City of Boynton Beach
100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
(561) 742 6026 phone (561) 742 6089 fax
colesdobayd@ci.boynton-beach.fl.us
www.boyntonbeacharts.com
AVENUE OF THE ART 2007
Featured Artists
Penny and Cobert Collins
This husband and wife are both Internationally renown sculptors with
artwork shown in designer showrooms, galleries, museums, private
homes, institutions and corporations. They exhibited in the prestigious ,
2006 Palm Beach International Biennial Sculpture competition in South
Florida.
Claudia Jane Klein
Claudia a well known sculptress started in the New York Fashion industry. She
continued on to study metal fabrication and welding in NY and Florida. She
has accomplished many private, corporate and public commissions. Her focus
is on a abstract figurative series and has just completed a large organic
fountain commission. She was also exhibited in the 2006 Palm Beach
International Biennial Sculpture competition in South Florida.
Tom Brewitz
Tom Brewitz, artist, sculptor, writer and
designer has an extensive career that
spans 25 years. He is known for his
kinetic sculpture with brushed stainless
planes that move gracefully, reflecting the
surrounding environment that draws the
viewers to it. His artwork provides
entertainment that is a changing
drama of color, shape and
whimsy.
Steve Dileonardo
Steve is a local artist who has impeccable talent for steel
structure and finish work. He has created commission work
for several corporate clients and is building his portfolio in
Public Artwork.
Genevieve Steel
Genevieve creates art ideas that transform lives. She is an
accomplished designer and artist who as formal training in
fabrication and installation of steel artwork. Her work
ranges from large scale mixed media to welding of massive
sculptures.
Douwe Blumberg
Douwe began his career as a professional horse trainer in
California. When he started sculpting part time he began
to accept commissions and was forced to make a choice
between the two careers. Douwe has completed over 200
private commissions, including pieces for The Budweiser
corporation, actor William Shatner, Elisabeth Goth, Misdee
Wrigley and the ambassador of Bahrian. Douwe has many
commissions place in public institutions worldwide. He
exhibited in the prestigious 2006 Palm Beach International
Biennial Sculpture competition in South Florida.
Frank Varga
Frank has been sculpting his entire life. A talent he inherited from his father and past to his son,
Frank has studied globally from Florence, Italy to Honolulu. He has commission work worldwide
with sculptures ranging in size and materials such as wood, metal and stone. Frank is know for
his monumental artwork such as the piece titled "Immigrants" that faces the US on the coast of
Germany. He had his portrait of John F. Kennedy in the White House and a bronze portrait bust of
Pope John in the Vatican.
Beth Ravitz
Beth is a well know public artist with her
base in South Florida. She has created
Eternal Flame memorials, the Multi
Cultural Garden, Southgate Linear Park
Sculptural Fence, a functional courtyard
structure for the North Broward County
Homeless Center and sculptures for the
everglades park. Her forte is working with
the community to produce public artwork
that is a collaboration with the project and
contributed by the community.
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Meeting Minutes
Arts Commission
Boynton Beach, Florida
EXHIBIT 0
April 25, 2006
· Jazz & Arts Event - What can the Arts Commission recommend to the
CRA to elevate the event from the Art perspective?
Chair Coles-Dobay suggested the members think about ideas for this event. Ms. Lentz had a
booth at the Jazz & Arts Event and did very well, partly because there were so few other artists.
Chair Coles-Dobay mentioned Nestor Torres, who played at a recent Jazz & Arts event. She
asked how the art part of the event could be elevated to match someone of his international
reputation. Chair Coles-Dobay wondered if the Arts Commission could qualify the different
categories of artists. The idea of having art demonstrations or a hands-on project like sculpture
was suggested.
Vice Chair Beau Lieu commented that during season, there were so many art venues, the artists
had a large selection of places in which to apply their talents. It was difficult to get them to
come to a place that did not have a reputation and could not guarantee a certain amount of
foot traffic. Chair Coles-Dobay thought artists might have to be offered "a deal" to get them
here to build more traffic. Mr. Hawkins suggested trying to cultivate small, emerging artists
from such places as the arts school in West Palm Beach. Mr. Hawkins also suggested the use of
cultural art would be appropriate. For example, as a complement to someone like Nestor
Torres, the jazz flutist, Latin art could be featured.
Vice Chair Beau Lieu suggested inviting some of the various artist guilds, which have many
retired artists among their membership. There were several art organizations such as Women in
the Visual Arts also. Ms. Lentz does a lot of trunk shows and noted they were a venue for many
young, aspiring artists. During events, Ms. Lentz saw people walking around taking the cards of
all the exhibitors, with a view to inviting them to another event later.
· Avenue of the Arts
Mr. Hawkins mentioned the area around the flag on City Hall grounds as being a great place for
art, and one that was never used.
Vice Chair Beau Lieu envisioned a dozen pieces of art starting at the steps of City Hall, going
down Seacrest to the Library, over to the Children's Museum, the Old High School, and down to
Ocean Avenue. There did not have to be a theme. The Arts Commission could supply $lK to
the artists for lending their work, mounting it, transporting it, and so forth. The pieces would be
on loan for a period of one year and at the end of that time, could either be purchased, left on
loan for a longer period, or sold. If the artist wished, the pieces could be marked with a price,
with no delivery until the end of the year, and this would definitely be an incentive to
participate. Vice Chair Beau Lieu felt some artists could be targeted and a Call to Artists could
go out as well. Ms. Lentz suggested putting a plaque on the artwork with the artists name on it
and a price if applicable. Vice Chair Beau Lieu felt the Avenue of the Arts could be modeled
after the River Walk in Fort Lauderdale. They approach artists known to do quality work for
sculptures that would go outdoors. They pay a fee for the installation and put out a brochure
listing the piece and its price. The pieces are also listed on a Web site. Their organization takes
10% of the selling price if the piece sells. If it sells during the year, the piece is left in place
until the end of the contracted time or the artist can sell it and replace it with a similar piece.
Ms. Lentz suggested a percentage of the fee go to meet a local need of some kind, since people
like to buy things when they know a portion of the proceeds will be donated. Mr. Hawkins
6
Meeting Minutes
Arts Commission
Boynton Beach, Florida
April 25, 2006
commented if they partnered with the Children's Museum, a certain portion of the proceeds
could be used to help fund the Museum. The money could also be used to fund more art. It
was felt this would help put Boynton Beach on the map and would definitely be a draw for
persons interested in culture.
Mr. Hawkins viewed the Avenue of the Arts as a component of economic development,
something that would bring more people with disposable income to Boynton Beach. It would
also be a way to make the City a destination/attraction. The local artists, the local businesses,
and the residents would all benefit by this. The media would also help to generate interest in
what was going on in Boynton Beach when the time came.
Vice Chair Beaulieu commented about the Peachtree area in Atlanta where there were galleries,
restaurants, kids sketching, and people strolling along the streets, attracted by the art.
A target date was set for November 4-5. It was felt a Jazz & Art event would be a good way to
open the Avenue of the Arts. The board needed to tour the area first to see what would be
appropriate for each space. Vice Chair Beau Lieu suggested targeting some local artists and
inviting them to a get-together for a walk-through of the area. Then, the artists could go back
to their studios to see what they might have that would be appropriate. It could also be the
subject of a meeting and the board could go from place to place as a group. Mr. Hawkins will
investigate the availability of a G.I.S. map of the streets to help identify the location of the art
pieces. Vice Chair Beau Lieu suggested the members come up with a few names and numbers
of artists who were known to do quality work of this nature and either bring them to the May
meeting or E-mail the information to himself or Chair Coles-Dobay. The City could then write to
the individuals and invite them to participate in the program.
The issue of insuring the pieces was raised. Mr. Hawkins responded the artist would have to
hold the City harmless. The pieces would be secured as much as possible; however, it would
have to be understood the artists were exhibiting their pieces at their own risk. Mr. Hawkins
mentioned it would be necessary to investigate ownership of the rights-of-way on which they
wanted to place the pieces.
A brief discussion ensued about the characteristics of the art pieces. It was felt the type of art
would have to be sculptures that were 3-D, large enough to see driving by, and weatherproof.
Mr. Hawkins declared an art tour on the trolley would be a way to promote art and the trolley.
Vice Chair Beau Lieu mentioned that Ms. Gloria Waldman, who used to own the Artcetera
Gallery in Delray Beach, mentioned the possibility of art tours in Boynton Beach and her interest
in becoming involved in them.
Adjournment
The meeting was duly adjourned at 8:35 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary (042606)
7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI. - NEW BUSINESS
ITEM A.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1,2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
X May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations X City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Accept the attached report regarding the possible impacts to be considered of
allowing mobile food vendors to operate in the city.
EXPLANATION: At its meeting of May 1, 2007 the City Commission asked staff to look at the
implications of allowing mobile food vendors in the city. This request resulted from an issue involving
one such vendor that had been operating for several years in spite of the fact that the city's current
regulations do not allow such vendors most zoning districts.
PROGRAM IMPACT: A policy change to allow mobile food vendors in the city will require changes to
the city's Land Development Regulations regarding the procedures for determining the location,
licensing and design of all types of mobile vending vehicles/carts.
FISCAL IMPACT: Some additional business tax revenue would be realized by allowing mobile vendors.
ALTERNATIVES: Maintain the existing policy.
.
~~
Assistant to City Manager ~
Department of Development
City Attorney / Finance
S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC
MEMORANDUM
To:
Kurt Bressner, City Manager
~
From:
Quintus Greene, Development Director
Date: May 3, 2007
Re: Implications of allowing Mobile Vendors in the City
Per your request, the following brief report represents some of the factors that need to
be considered should the City Commission alter its current polices and allow mobile
vendors, in general, and mobile food vendors, in particular, in the city.
To put this subject in perspective it would be useful to reflect on an editorial in the
Chicaao Sun Times of July 27, 2000, titled "Chicago is No Theme Park", which stated:
"Besides tall buildings and bustling sidewalks, it is diverse sights and sounds that
make a city an exciting place to be. Go to any thriving city and you are likely to see
street vendors selling hot dogs on the corner and hear street performers competing
with traffic noises in the downtown areas. In New York, workers in Manhattan can
grab a sandwich from a vendor, plop down on a curb and listen to a street
entertainer on any given day - not just during street fairs and festivals. In
Washington, flowers and fruits can be purchased from pushcarts on the sidewalk as
well as designated farmers markets. It takes a hodgepodge of activity to create an
aura we call 'city life'."
For several years civic leaders in the City of Boynton Beach have expressed a desire to
see the City develop a vibrant and active downtown core area similar to what is being
done in the neighboring cities of Lake Worth and Delray Beach. This view was clearly
articulated in the Vision 20/20 Document and is evident in many of the recent initiatives
of the City's Community Redevelopment Agency (CRA).
In most cases, however, the vision and initiatives related to downtown revitalization have
focused on ways of bringing more "upscale" retail and restaurants into the area, along
with a population with sufficient disposable income to support them. In general, street
vendors, especially those that sell food, have been seen as being a "low end" activity
inconsistent with this upscale vision. Yet, as the above editorial would suggest, street
vendors are in fact an essential element in creating the kind of thriving downtown City
leaders have said they want.
Indeed, many cities have come to see street vendors as creators of employment
opportunities and positive generators of local economic activity. Although generally
considered as part of the informal economy, street vendors have nevertheless been
classified as direct selling non-store retailers and have been assigned a Standard
Industrial Classification (SIC) number (5963) and a NAICS code (45439).
Page 2
Another common misconception about street vending is that it is only a small enterprise
nationally and that it provides only low wage jobs. In fact many vendors make decent
incomes selling goods on the streets in a business in which, in general, there is very little
overhead, gross revenues are not reported, most transactions are in cash, and income
taxes are generally not paid.
In spite of some of the benefits that allowing mobile street vending could bring, there is
also a down side to such activity. For example, one of the principal objections to
allowing street vendors in Boynton Beach will likely come from established retail and
restaurant owners who will complain of unfair competition from vendors who occupy
public spaces virtually free while they must pay rent and/or property taxes.
In addition, while mobile street vendors may be able to provide lower income residents
with some consumer goods at lower prices than established retail outlets, many other
residents and City officials will undoubtedly be uncomfortable with what they perceive
the "tacky flea market" image of low income residents buying food and other products
from mobile vendors on their public streets.
There is also the matter the traffic impacts that mobile vendors could have on local
streets and neighborhoods. An example of this can be seen along Woolbright Road,
west of the city limits at Knuth Road, where vehicles stopping to patronize mobile
vendors often cause unsafe traffic conditions.
Still another concern, especially with regard to mobile food vendors is the whole matter
of sanitation. While established restaurants must undergo annual inspections by the
Division of Hotels and Restaurants of the Florida Department of Business and
Professional Regulation, and while their employees must be certified as food handlers,
there is the concern that, because of their itinerant nature and the logistics involved,
some mobile food vendors may escape proper inspection.
Accordingly, should the City Commission decide to permit any type of mobile vendor to
operate in the City these issues will need to be addressed. Other issues that will also
need to be addressed include the location of any approved vending sites, the
establishment of design guidelines for vending hardware, and the allowable hours of
operation for mobile vending activity.
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 City Clerk's Office
D April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon)
[g] May 15,2007 April 30,2007 (Noon) D July 17,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative [g] New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Staff recommends withholding any discussion of this matter until final resolution by the 15th
Judicial Circuit Court. (See attached Notice of Administrative Appeal- Exhibit "A")
EXPLANATION: Code Compliance case 07-429 involves an illegal modification to the commercial site known as
Ralph & Rosie's Restaurant. In brief, the modification involves a "tiki hut" erected adjacent to the establishment in
the parking lot without Site Modification approval as required by Chapter 4 of our Land Development Regulations.
As you'll note in the attached photos taken March 16, 2007 (Exhibits "B & "C") this modification not only is a change
to the exterior of the site, but intensifies the use of this property as well.
PROGRAM IMPACT: Potential life safety issues for customers and employees due to fire & traffic concerns.
FISCAL IMPACT: Considerable staff expense to date.
~Si_mre
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
RECEIVED
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IN THE CODE COMPLIANCE BOARD FOR
THE CITY OF BOYNTON BEACH, FLORIDA J ~-l
D~ ~ rr-
MAY 01 2007
CODE COMPlIANCE
Lower Case No. 07-429
::J
RALPH AND ROSIE, INC.
Appellant,
C._)
C..>
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v.
Appellee
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,-,
CITY OF BOYNTON BEACH,
\
NOTICE OF ADMINISTRATIVE APPEAL
Notice is given that, Ralph and Rosie, Inc., Appellant, appeals to the Fifteenth Judicial
Circuit, State of Florida, the order of this Code Compliance Board of the City of Boynton Beach,
the Order rendered on March 30, 2007. The nature of the order is a fmal Order Imposing
Penalties/Lien. The order does not comply with the law.
Ro in Bresky
Attorney for Appellan d Rosie, Inc.
595 South Federal Highway. Suite 600
Boca Raton, FL 33432
Telephone: 561-994-6273
Email: RBresky@bellsouth.net
Fla. Bar No. 179329
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing has been furnished by U.S. Mail,
postage prepaid, this 30th day of April, 2007, to David To1ces, 100 East Boynton Beach Blvd,
Boynton Beach, FL 33435, counsel for Appellee and Michelle Costantino, 100 East Boynton
Beach Blvd, Boynton Beach, FL 33435, Chairperson of the Code Enforcement Board, City of
Boynton Beach.
Room Bresky
Fla. Bar No. 1793
2
The Citv of Bovnton Beach
(JY
"'\' .
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached five (5) copies of Code Compliance
documentation concerning two pages for Case #07-429, one page for Case #07-
00000429 and a two-page Board Order for Case #07-429, are true and correct copies
as they appear in the records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the cm OF BOYNTON BEACH,
FLORIDA, dated this 25th day of April 2007.
J ET M. PRAINITO, CMC
ITY CLERK
\certifications\Code Compliance\certification - JP - Code Enforcement Liens for Ralph DeVita.doc
America's Gateway to the Gulfstream
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 07-429
CITY OF BOYNTON BEACH,
Petitioner,
VS.
RALPH & ROSIE INC.
Respondent(s).
/
ORDER IMPOSING PENALTIES/LIEN
THIS CAUSE came before a public hearing before the Code Enforcement
Board of the City of Boynton Beach, Florida on February 21.2007. after due notice to
the Respondent(s), at which time the Board heard testimony under oath, received
evidence, and issued its findings of fact and conclusions of law and thereupon issued
its oral order which was reduced to writing and furnished to the Respondent(s).
Said Order required the Respondent(s) to take certain corrective action by
the time certain, as more specifically set forth in that Order with a compliance date of
March 3, 2007.
Under oath, the Code Officer testified to the Board that the required
Page 1 of 2
corrective action was not taken as ordered. This case did not comply.
Accordingly, it having been brought to the Board's attention that the
Respondent(s) did not comply with the Order dated 3/5/07, it is hereby ORDERED that
Respondent(s) pay to the City of Boynton Beach, Florida, a fine in the amount of five
hundred dollars ($500.00) per day for the violation(s) that exist at 2007 S. Federal
~ Boynton Beach, Florida, more fully described as:
HAPPY LANE BOYNTON E 30 FT OF L T 25, L T 26 & ~ INT IN PRIVATE 18 FT RD
LYGNbF& AbJTO& N10F'fOFS 1010-FROF E ~ OF NE %IYGW OF SR5
(LESS W 569.70 FT), according to the plat thereof as recorded in Plat Book 2 Page
159, of the Public Records of Palm Beach County, Florida.
peN: 08-43-45-33-02-000-0251
From March 3. 2007. which was the date previously set by the Board's order for
compliance until the date of compliance plus administrative costs in the amount of
$96.03 for each inspection totalling $384.12 for 4 inspections and $250.00 filing fee.
This Order can be recorded and shall constitute a lien against the above
described property pursuant to Chapter 162 of the Florida Statutes.
Ordered this~ day OfrYJQ. n ./ ,2007, at Boynton Beach,
Palm Beach County, Florida.
---I
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~ostantlno
CHAIRPERSON
CODE ENFORCEMENT BOARD
CITY OF BOYNTON BEACH
ATTEST:
~m.P~
cy!_Clerk
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API~ 0 2 2007
CITY CLERK'S OFFICE
Page 2 of 2
The City of Boynton Beach
Police Department
;~ CFA Accredited Lsw Enforcement Agency"
100 E. Boynton Besch Boulersrd
Boynton Besch, Florida 33425-0310
Phone: (561) 742-6100
Fax: (561) 742-6185
G. Matthew Immler, ChIef of Police
Scott Blasie, Code Compliance Administrator
Phone: (561) 742-6120
FAX: (561) 742-6838
AFFIDA VIT OF NON-COMPLIANCE
DATE: 3/19/2007
RE: 2007 S FEDERAL HWY
CASE#: 07-00000429
CITY OF BOYNTON BEACH, Petitioner VS
RALPH & ROSIE lNC
2007 S FEDERAL HWY
BOYNTON BEACH, FL 334356906
I, (~~' j, have had the violation, as described in the above-referenced Code
Compliance case, personally inspected or researched and find said violation, is NOT in
compliance with the Code of the City of Boynton Bea~'. 2007.
Affiant ;-.-....:...~
STATE OF FLORIDA
COUNTY OF PALM BEACH, ss:
Personally appeared before me, the undersigned authority Scott Blasie, Code Compliance
Administrator and acknowledged that he did execute the foregoing affidavit.
Swom to and subscribed before as this . I day of ',\..' i; 2007,
I'
Notary Public, State of Florida
. --- --- - .', - .-. .., .....-...... ,.
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Filed this
day of
,2007,
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BEFORE THE CODE COMPLIANCE BOARD
OF THE CITY OF BOYNTON BEACH, FLORIDA
CASE NUMBER: 07-429
CITY OF BOYNTON BEACH,
FLORIDA
Petitioner,
CODE COMPLIANCE
BOARD ORDER
vs,
RALPH & ROSIE INC.
Respondent( s),
THIS MATTER came before the Code Compliance Board for hearing on the 21sT day of FEBRUARY, 2007,
After considering the testimony and evidence the board finds:
1, Respondent(s) owns the Property, which is the subject of this Code Board proceeding.
2, A violation or violations existing on the Property as set forth in the Notice of Violation is/are as follows:
PT3-LDR. CHAPTER 4 SEC. 11 , PT3-LDR.CH4. SEC 2.A,3,
3. The Respondent(s) has/have been properly provided with Notice of Hearing and appeared at the
hearing.
It is therefore,
ORDERED AND ADJUDGED THAT:
1, Respondent(s) shall correct the violation(s) by 3/3/07,
2, If the Respondent(s) will not comply with this Order, a fine in the amount of $500,00
Page 1 of2
"
is imposed each day the violation(s) exist(s) past the date set for compliance or for each time the
violation(s) has/have been repeated plus administrative costs, Once a fine is certified, that Order shall
thereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall constitute a
lien upon the property located at: 2007 S, FEDERAL HWY" BOYNTON BEACH, FL, and more particularily
described as: HAPPY LANE BOYNTON E 30 FT OF L T 25, L T 26 & 12 INT IN PRIVATE 18 FT RD L YG N
OF &ADJ TO & N 10 FT OFS 1010 FR OF E 12 OF NE 1j.. L YGW OF SR5 (LESS W 569,70 FT), according
to the plat thereof as recorded in Plat Book 2 Page 159, of the Public Records of Palm Beach County,
Florida.
PCN: 08-43-45-33-02-000-0251
_._-.'" 3:" RespoiicJ(iiit(s)'shalfaavfseflfe"Codeu'COitfpfiance'D1V1Siorrwlthtn24 hours-cdter thevtolationfs)-"
have/has been corrected. The Code Compliance Officer assigned to this case will verify the status
of the violation(s).
ORDERED AND ADJUDGED after hearing at Boynton Beach, Florida,
thi~day Of~, 2007,
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the County aforesaid to take
acknowledgments, personally appeared Michele Costantino, Chairperson of the Code Compliance Board of the
City of Boynton Beach, Florida, to me known to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the same. fA ---r1A /1 " ~
Witness my hand and seal in the County and State last aforesaid this S. day of / flJi/L~ ,
2007,
ATTEST:
g~!It.~
NOTARY PUBLIC
D
MAR 0 6 2007
CITY CLERKiS OffICE
Page 2 of2
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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 otlice Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon)
~ May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 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: No recommendation associated with this agenda item.
EXPLANATION: Jordan's Towing has been suspended form performing city directed tows pursuant to the
Towing Contract as a result of an investigation by the police department which revealed a pattern of
thefts from vehicles towed by this company. This investigation has not been concluded. The following
persons associated with Jordan's Towing were arrested and charged as indicated:
Dana Larock (Manager of Jordan's Towing) - Charged with 4 counts of auto burglary; 3 counts
of grand theft and 2 counts of petit theft.
Mario Carrier (Employee) - Charged with 2 counts of auto burglary and 2 counts of grand theft.
William Carrier (Employee) - Charged with 7 counts of driving with a suspended license
(felony); 1 count of auto burglary and 1 count of grand theft.
Jacob Lin (Friend who hangs-out at Jordan's) - Charged with 2 counts of auto burglary, 1 count
of grand theft and 1 count of petit theft.
Michael Santee (Friend who hangs-out at Jordan's) - Charged with 1 count of auto burglary and
1 count of grand theft.
Additionally, the Palm Beach County Sheriffs Office has advised Jordan's that they are removed from
their tow rotation in a letter from Sgt. John Churchill dated 4/28/07. The County Department of
Consumer Affairs, in a letter dated 4/12/07 advised Jordan's that they have failed to submit the required
"Certificate of Insurance" and further advised them to cease all towing operations or be subject to daily
fines.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: None/Informational.
FISCAL IMPACT: (Include Account Number where funds will come from) N/A
ALTERNATIVES: N/A
~~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
cr
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
XI. - NEW BUSINESS
ITEM D.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon)
k8J May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative k8J New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: To modify the Community Investment Funds program to require mandatory, post expenditure
reports to the Commission illustrating the results achieved from funding.
EXPLANATION: A member of the City Commission has requested that the process for the Community Investments Funds
program add a final reporting component to the procedure, whereas the organization receiving funds must provide the City
Commission a written report that lists all expenditures the funding was used for, as well as summarization of the success of
the project'program at its completion.
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
AL TERNA TIVES, Not to mod;fy th, curr,nt pm"" for Commonity Jnve_~
Department Head's Signature City Manager's Signature
Assistant to City Manager eM--
Department Name
City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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AGENDA ITEM REQUEST FORl\'l
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.1
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
[;8J May 15,2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [;8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Second Reading - Motion to amend Section 18-181 of the Boynton Beach Code of Ordinances to
expand the Firefighter Pension Board's investment authority by permitting investment in all authorized investments, as
permitted by Florida law.
EXPLANATION: As recommended by the Firefighter Pension Board's new investment consultant, this ordinance will allow
for a more diverse asset allocation to limit volatility in the investment portfolio and to increase returns. The proposed change
is entirely in conformance with Chapter 175, Florida Statutes as well as the investment policy requirements of Section
112.661, Florida Statutes
PROGRAM IMP ACT: The expanded ability to diversify the plan's investment portfolio is expected to improve the plan's
ability to increase investment performance, thereby decreasing reliance on employer contributions.
FISCAL IMPACT: N/A
ALTERNATIVES: Not to amend the existing investment limits
~C'M 's'"
lty anager sIgnature
(~,
Fire Pension Board
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
I ORDINANCE NO. oJ-()/v
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH~
4 FLORIDA~ AMENDING SECTION 18-18.1 OF THE
5 BOYNTON BEACH CITY CODE TO EXPAND THE
6 FIREFIGHTER PENSION BOARD'S INVESTMENT
7 AUTHORITY BY PERMITTING INVESTMENT IN ALL
8 AUTHORIZED INVESTMENTS, AS PERMITTED BY
9 FLORIDA LAW; REPEALING ANY ORDINANCE IN
10 CONFLICT; PROVIDING A CONFLICTS CLAUSE;
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the City of Boynton Beach Florida, presently has a retirement plan and
14 trust for firefighters;
15
16 WHEREAS, the Board of Trustees of the Firefighter Pension Trust Fund desires to
17 expand the scope of permissible investments to permit utilization of all appropriate
18 investments authorized by Florida law;
19
20 WHEREAS, these investments are authorized by Section 175.071, Florida Statutes, if
21 adopted by municipal ordinance;
22
23 WHEREAS~ the Board of Trustees' investment consultant has recommended the
24 following changes; and
25
26 WHEREAS~ the City Council finds that the passage of this Ordinance IS in the
27 interest of the firefighters and the citizens of the City of Boynton Beach.
28
29 NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA:
31
32 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
33 as being true and correct, and are hereby incorporated herein and made a part hereof.
34
Section 2.
Section 8-181.1 is hereby amended as follows:
35
36
37 Sec. 18-181.1. Stocks Bot meetiBg specified quality critefla~ Investment authority.
38 Pursuant to Fla.Stat. Section 175.071(1 )(b). the Board may invest the assets of the plan in any
39 lawful investment. real or personal. as provided in Fla.Stat. Section 215.47 , except as
40 otherwise limited by law.Not'l,'ithstnnding an)thing in }.rtic1o VIII of this chaptor to the
41 contrary, the board of trustees may cause up to ten (10) percent of the equity portion of tho
42 fireman's pension fund to be invested in stocks 'Nhose sole criteria shall be that they arc listed
43 on anyone (1) or more of the recognized national stock exchanges. Consistent with Section
44 175.071, Fla.Stat., the board of trustees may also invest up to ten percent (10%) of pIan assets,
Page 1 of 2
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at cost, in foreign securities. Subsequent amendments to Chapter 175, Fla.Stat, which expand
the scope of permissible investments shall be incorporated herein upon adoption by the
Florida Legislature.
Section 3. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
Section 4. Should any section or provision of this Ordinance or portion hereof, any
paragraph, any sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder ofthis Ordinance.
Section 5.
Authority is hereby granted to codify this Ordinance.
Section 6.
This Ordinance shall become effective immediately upon passage.
FIRST READING, this J.:L day of April, 2007.
SECOND, FINAL READING AND PASSAGE, this
,2007.
day of
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32 ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
33
34
35 Janet Prainito, City Clerk
36
37 (CORPORATE SEAL)
38
39
Commissioner - Carl McKoy
Page 2 of 2
!\'fV 0.<;-
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(ON \:>
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
XII. -LEGAL-1st Read"
ITEM C.1 '"9
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon)
D May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon)
X May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
----\
0 Announcements/Presentations D City Manager's Report c.:) , _.-~
NATURE OF 0 Administrative New Business -~ ----l....'.:::
~~"
AGENDA ITEM D ~ --Cl -,~.
Consent Agenda Legal --:-'\
.Y _,
0 Code Compliance & Legal Settlements 0 Unfinished Business !'~)
0 Public Hearing 0 -tJ ' '--')
RECOMMENDATION: Revision of Chapter 2.5, Alarm Systems, City of Boynton Beach Code ofOrdinan~
,,'::J
- ,~l
(..;"1 U)>
EXPLANATION: The last significant revision of Chapter 2.5 occurred in September 1998. Most of the changes are ~
simple updates. This revision also contains accountability and permitting requirements for alarm companies and a
significant increase in fines for failure to comply with the Code. Last year the Fire Rescue Department responded to
872 false alarms in the city.
PROGRAM IMPACT: The Fire and Life Safety Division is trained to effectively deal with the code changes, as
noted.
FISCAL IMPACT: There is no cost associated with these changes. Our goal is compliance and not revenue. Fire
Life Safety revenues are unknown and will increase proportionate to punitive actions taken as a result of this change.
Revenue Account #001-0000-342-22-00.
ALTERNATIVES: 1) Do not approve these changes. 2)
Department Hea Signature
William L. Bingham, Fire Chief
Approve the Code changes with acceptable amendments.
u~
City Manager's Signature
Fire Rescue
Department Name
Assistant to City Manager
~
t3hK/
City Attorney / Finance
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ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH~
FLORIDA, AMENDING THE CITY OF BOYNTON
BEACH CODE OF ORDINANCES, CHAPTER 2.5~
"ALARM SYSTEMS," TO UPDATE THE CODE AND
ADD ACCOUNTABILITY AND PERMITTING
REQUIREMENTS FOR ALARM COMPANIES~
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined
that it is necessary to amend Chapter 2.5, Alarm Systems, of the City's Code of Ordinances;
14 and
15 WHEREAS, the City Commission has determined that it is in the best interests of the
16 residents and citizens of the City of Boynton Beach to amend Chapter 2.5 of the Code of
17 Ordinances.
18 1\'\ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
~~ liTHE CITY OF BOYNTON BEACH~ FLORIDA, THAT:
21 \ 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 \ \being true and correct and are hereby made a specific part of this Ordinance upon adoption
II
23 hereof.
24 Section 2. Chapter 2.5, Alarm Systems, is hereby amended as follows:
25 Section 2.5-1 Short title.
26
27 This chapter shall be known and cited as the "Burglar and Fire Alarm Ordinance."
28
29 Section 2.5-2 Definitions:
30 For the purpose of this chapter, whenever any of the following words or terms are used herein,
31 they shall have the meanings ascribed to them in this section:
32
33 Alarm: Any device which is used in a building or premises for the detection of fire, medical
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alerts, unauthorized entry, burglary or any other criminal activity, and which when activated
emits a sound, signal or message to alert others, whether emitted on or off the premises or to
the central office of an alarm business.
Commercial Alarm System: A Fire Alarm System to monitor flow. tamper. manual initiation
devices and audible notification. located at any business. Multiple Dwelling Unit and/or
Storage Facility.
Residential Alarm System: A Burglar Alarm System. which may have smoke detectors
attached to the system. located at a single family dwelling.
Alarm business Contractor: Any Licensed person engaged in the business of selling, leasing,
monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing any
alarm for any building place or premises. All associated work and personnel shall comply with
Ch. 489. Fla. Stat.
Alarm user: Any person using an alarm or occupying and controlling Premises or building, or
a portion of a premises or building, served by an Alarm.
Audible alarm: An alarm that sounds a warning bell, buzzer, or other Sounding device that
can be heard for fifty (50) feet or more beyond the protected premises.
Class "A" alarms: All those alarms activated by illegal entry, in response to criminal activity,
fire, or the need for emergency medical response and include alarms activated solely by an act
of nature not contributed to by faulty design, maintenance, installation or use.
False alarms: All activated alarms, responded to by the police and/or fire department, which
do not qualify as class "A" alarms, including but not limited to alarms activated through
inadvertence, neglect, accident, alarm testing, and faulty installation or maintenance, and
excessive vibrations or power failure.
Government: Any direct agency of any federal, state, county, or city government including
schools and the U.S. Postal Service.
Person: Shall mean any natural person, individual or any firm, partnership, assocIatIOn,
limited partnership, sole proprietorship, corporation, apartment complex, condominium
association, or any business entity whatsoever.
Premises: Shall mean the building or structure and adjoining property which is protected by
and upon which is installed an emergency alarm or alarm system.
Sec. 2.5-3.
Alarm operating permit required. No person shall have an alarm installed to be
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1 operational, or use an eXIstmg alarm serving premises, or a building, or portion thereof,
2 occupied or controlled by such person, unless an alarm operating permit in the form of a decal
3 has been issued hereunder, and is in force, authorizing the use of such alarm. Such alarm
4 operating permit shall constitute a regulatory license. For any alarm existing prior to the
5 effective date of this chapter an alarm operating permit application shall be made within sixty
6 (60) days of the effective date hereof. A person with an installed alarm system without a
7 permit from the city shall be issued a notice of violation and that person shall have ten (10)
8 days from the date of the notice of violation to make application for a permit. If application
9 for a permit is not made within ten (10) days of the notice of violation the person shall be in
10 violation ofthis section.
1 I
12 Sec. 2.5-4. Application for permit:
13 (a) Application for an alarm operating permit for the operation of an alarm system shall be
14 made by a person having control over the property on which the alarm system is to be
15 operated. Such application shall be made in writing to the building official on a form
16 designated by the city for that purpose. On such application, the applicant shall set forth:
17
18 (1) The name, address and telephone number of each person in control of the property.
19
20 (2) The street address of the property on which the alarm system is to be or has been
21 installed and operated.
22
23 , (3) Any business name used for the premises on which the alarm-system is to be installed
24 \ \ and operated.
~~ 1\(4) Whether the alarm system or systems are or are not local alarms and whether the alarm
27 I \ system or systems are designed to give notice of a burglary, fire, hold-up or of other type of
~: \ emergency.
30 \ 1(5) The name of the person or alarm system business who will install the alarm system.
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32 (6) The names and telephone numbers of two (2) persons which are able to and have agreed
33 as follows:
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a.
To receive notification of alarm activation at any time;
b. To arrive at the alarm site within one (1) hour after receiving a request from a member of
the communications center, police department or fire department to do so; and
c. To grant access to the alarm site and to deactivate the alarm system if such becomes
necessary; or The name and telephone number of an alarm system business which is able and
has agreed to provide as follows:
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1 d. The names of two (2) persons listed with that company who are able to arrive within one
2 (1) hour after receiving a request from a member of the communications division, police
3 department or fire department to do so, and to grant access to the alarm site and to deactivate
4 the alarm system if necessary.
5
6 e. When necessary, the permit holder shall give the alarm system business the name and
7 telephone number of another person who is able and is willing to perform the above described
8 duties so that at least two (2) persons are listed with the alarm system business at all times.
9
10 f. The person having control over the property has authorized the alarm system business to
11 provide the names listed with that business pursuant to subsections d and e above to the police
12 and/or fire department or the communications center whenever that department(s) or the
13 communications center has requested that information in order to obtain assistance after an
14 alarm has been activated.
15
16 (b) Immediately after receipt of the alarm operating permit application, the building official
17 or his designee, shall forward a copy of the application to the communications division.
18
19 Sec. 2.5-5. Term of permit; fee, nontransferable:
20 (a) Fee. A fee of thirty dollars ($30.00) shall be charged the alarm user by the city for each
21 alarm operating permit issued, to defray the cost of regulation. Successive renewal fees shall
22 not be required of a residential or commercial permit holder except as provided in subsection
23
24 (b) Term and renewal. An alarm operating permit shall have an indefinite term from date of
25 issuance; provided however, the term shall expire and the permit [shall be] deemed invalid
26 with any change in ownership of residential or commercial property to which the permit is
27 assigned. Compliance with subsections (1) and (2) shall revalidate the alarm permit.
28
29 (1) An alarm permit holder is required to notify the city within seven (7) days of any change
30 of alarm permit registration information.
31
32 (2) Any change in ownership of residential or commercial property to which an alarm
33 permit is assigned shall require a new registration application and a fee of thirty dollars
34 ($30.00).
35
36 (c) Permit nontransferable. Any alarm operating permit issued pursuant to this article shall
37 not be transferable or assignable and shall cover only one (1) building or premises or portion
38 thereof.
39
40 Sec. 2.5-6. Issuance of alarm operating permit;
41 An alarm permit will be issued by the building official upon receipt of said completed
42 application, and the building official or his designee may inspect the alarm equipment and
43 lanned installation and may require the submission of additional and specific information.
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2 An alarm operating permit shall be denied if:
3
4 (a) The requested information is not supplied on the application or such additional
5 information as required [is not furnished.]
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(b)
Material information on the application is incorrect.
(c) Any person or entity listed on the application under items (a)(4), (5) and (6) of section
2.5-4 of this chapter does not possess any required occupational or regulatory license to
conduct the activities required by said items (a)(4), (5) and (6), unless the person or entity is
the alarm user.
(d)
If the equipment is found to be inferior and not capable of proper performance.
Sec. 2.5-7. Decal required:
Each alarm operating permit holder shall be issued an alarm decal by the building official.
Said decal shall be displayed at the main entry or a conspicuous place visible at the front of
the premises of all business, commercial establishments, and residential premises, covered by
said permit.
Sec. 2.5-8. Duties of property owner:
23 , For the purpose of this chapter, both the owner and lessee of an office or commercial premises
24 shall be considered to be the owners of the premises and shall be held jointly and severally
25 responsible for the registration of the alarm system and liable to the city for all service fees
26 charged for false alarms. The owner of an apartment complex or multifamily residence is
27 \ responsible for the registration of all alarm systems and shall be liable to the city for service
28 \ fees charged for false alarms.
29
30 II The person in control of the property on which an alarm system is installed shall:
31
32 (a) Ensure that any person listed with the city is able:
33
34 (1) To receive notification at any time;
35
36 (2) To come to the alarm site within one (1) hour after receiving a request from a member
37 of the police department, fire department or communications department to do so; and
38
39 (3) To grant access to the alarm site and to deactivate the alarm system if such becomes
40 necessary.
41
42 (4) To inspect the alarm system after each activation to ensure proper operation.
43
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1 (b) Train all persons who may activate the alarm system in the proper operation of the
2 alarm system.
3
4 (c) Failure to respond as provided shall result in a fine of fifty dollars ($50.00). The police
5 department or fire department shall indicate on their false alarm report the failure to respond.
6 The finance department shall be responsible for assessing the fifty dollar ($50.00) fine.
7
8 (d) Notify the city within thirty (30) days of any changes of information contained on the
9 original application.
10
11 ( e) Properly maintain the alarm system to ensure malfunctions due to faulty maintenance
12 will not occur.
13
14 Sec. 2.5-9. Duty of person notified to provide access to premises, render assistance.
15 Any person who is notified by any member of the communications division, police
16 department or fire department of the activation of an alarm system and who is able to give
17 access to the alarm site shall come to the alarm site within one (1) hour of the time such
18 person is notified of such activation and shall provide the police and/or fire department any
19 necessary access or assistance. Failure to respond as provided shall be grounds for and result
20 in the city taking reasonable action to deactivate the alarm. Fire alarms required by fire codes
21 and/or state statutes shall be exempt from deactivating the alarm.
22
23 Sec. 2.5-10. Operation of system:
24 No person shall install, or cause to be installed or permit to be installed any alarm system
25 unless the requirements of this section are met.
26
27 (a) Any alarm system which may be activated as a result of different types of emergency
28 situations shall give a unique signal to designate activation as a result of a hold-up, a burglary,
29 a fire, or any other different type of emergency situation so that the proper notification and
30 proper response can be made.
31
32 (b) Any local alarm system shall have a twenty-minute shutoff and must not make a sound
33 similar to that of a siren, an emergency vehicle or a civil defense warning system. For
34 purposes of this subsection any alarm system which emits any variable tone (as opposed to a
35 steady pitch or a ringing sound as is made by a bell) shall be considered to be emitting a sound
36 which is similar to that of a siren, an emergency vehicle or a civil defense warning system.
37
38 (c) Any hold-up alarm shall be designed so that it may be activated only by intentional and
39 deliberate human action; and any owner found in violation of subsection (a), (b) or (c) shall be
40 fined fifty dollars ($50.00).
41
42 (d) The police department or fire department shall indicate any violation of subsection (a),
43 (b) or (c) on the alarm report and code enforcement division shall be responsible to take the
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1 appropriate action by issuing a notice of violation of this section. The owner of the alarm
2 system will have ten (10) days from the date of the notice of violation to correct the violation.
3 If the violation is not corrected within ten (10) days, the owner shall be fined fifty dollars
4 ($50.00). Code enforcement shall notify the finance department to mail the notice of fine
5 (invoice) if the violation is not corrected. If the fine is not paid within ten (10) days the alarm
6 owner will be in violation of section 2-17 of this chapter.
7
8 (e) The city may set reasonable standards and procedures to be followed by any alarm
9 system business or telephone answering service when giving notice to the communications
10 division of activation of an alarm system. Such standards and procedures shall be set out in
11 writing and made available to any alarm system business or telephone answering service
12 requesting same.
13
14 ill The Fire Rescue Department shall indicate any violation of subsection (a) or (b) on
15 their alarm report. The Fire and Life Safety Division shall be responsible to take the
16 appropriate action by issuing a notice of violation of this section. The owner of propertv
17 containing a commercial alarm system will have ten (JQLdays from the date of the notice of
18 violation to correct the violation. If the violation is not corrected within ten days, the owner
19 shall be fined ~$100.00 per day until the violation is corrected and Fire and Life Safety
20 accepts system changes or repairs. The Fire and Life Safety Division shall notify the Finance
21 Department to mail the notice of fine if the violation is not corrected. If the fine is not paid
22 within ten days, the alarm owner will be in violation of Sec. 2.5-17 of this chapter.
23
24 I Sec. 2.5-11. False alarms prohibited; exceptions:
25 No person shall intentionally activate an alarm system for any purpose other than an
26 emergency or threat of emergency of the kind for which the alarm system was designed to
27 give notice. The owner or person responsible for testing a fire, burglary or emergency alarm
28 system shall be required to notify the communications Fire and Life Safety Division a
29 minimum of one (1) hour prior to the alarm system test. It shall then be an affirmative defense
30 II to prosecution under this section that the alarm system sounded solely for the purpose of
31 testing the alarm, and the person who tested the alarm took reasonable precautions to avoid
32 any request being made to the police department or fire department to respond to such alarm.
33
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Sec. 2.5-12. Excessive false alarms declared a public nuisance; exceptions.
(a) The emission activation of more than three (3) false alarms ofa residential alarm system
within any twelve-month period of time is excessive and constitutes a serious nuisance, and is
hereby declared to be unlawful and a violation of this section. No person shall allow, permit,
cause or fail to prevent the emission, activation for any reason, by any alaml used by such
person, or any alarm serving a premises or a building occupied and controlled by such person,
of more than three (3) false alarms within any twelve-month period of time.
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(b) All new residential property with a permitted alarm systems shall be exempt from the
application of this section for the first three (3) months from the date of initial installation.
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1
2 (c) Occupancies with multiple alarm zones, 6f apartment complexes, or commercial
3 occupancies with multiple alarm systems, that areal! maintained by the same company, may be
4 declared nuisance alarms by the Fire Marshal and shall be assessed a false alarm fee.
5
6 Sec. 2.5-13. False alarm response service fee; collection:
7 For response to excessive false alarms by the police department or fire department, the alarm
8 user shall be charged a service fee by the City as follows:
9
10 Four (1) false alarms in any h\'elTle month period $25.00.
11
12 Five (5) false alarms in any hvelve month period.
13
14 Six (6) false alarms in any hvelve month period $100.00
15 Each successi'le false alarm, after six (6), in any t'llelTle month period.
16
17 1 st false alarm in a 12-month period = No charge
18 2nd false alarm in a 12-month period = No charge
19 3rd false alarm in a 12-month period = No charge
20 4th false alarm in a 12-month period = $75 for residential; $200 for commercial
21 5th false alarm in a 12-month period = $100 for residential; $500 for commercial
22 6th false alarm in a 12-month period = $150 for residential; $750 for commercial
23 th and successive false alarm in a 12-month period = $200 for residential; $1000 for
24 commercial.
25
26 Examvle: A residence with 9 false alarms within 12 months would be calculated as
27 follows:
28 1 st $0
29 2nd$0
30 3rd $0
31 4ili$7 5
32 5th $100
33 6th $150
34 th $200
35 8th $200
36 9th $200
37 $925 Total
38
39 The chief of police or his/her designee shall determine whether a false burglar alarm has
40 occurred and the frequency of such false alarms. The city shall notify alarm users of amounts
41 owed to the city and shall make demand therefore, pursuant to the provisions of this section.
42 The Fire Marshal shall determine whether a false fire or medical alarm has occurred and the
43 frequency of such alarms. The Fire Rescue Department shall notify alarm users of the amount
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1 O\\'ned to the city and shall make demand therefore pursuant to the followin; provisions:
2
3 (a) f~ fine of $1 00 will be issued for every fulse alarm over the Third Second fabe alum1 in
4 un)' calendar year.
5
6 (b) Proof of alarm repair on the date of the false alarm can result in the fine being reduced
7 ~ or waived, if approved by the Fire Marshal.
8
9 The Fire and Life Safety Division will bill and maintain records for all fire and medical false
10 alarms.
11
12 The city attorney may proceed by a suit in a court of competent jurisdiction to collect said
13 charge after demand therefore has been made by the city and the payment thereof refused by
14 the alarm user.
15
16 Sec. 2.5-14. Interference with city telephone trunk lines prohibited:
17 Alarm business central office requirod; identification req'..lired.
18 (a) No person shall use or cause to be used any telephone or electronic device or attachment
19 that automatically selects a public primary telephone trunk line of the communications center,
20 police Department, fire department or any other department or bureau of the city, and then
21 reproduces any prerecorded message to report any burglary, unauthorized entry or other
22 emergency.
23
24 I (b) No person shall provide a private alann service system programmed to a central alarm
25 reception office unless it shall have the central office staffed at all times, twenty-four (24)
26 hours a day, including holidays.
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33 \ (d) The request for response shall include the name, telephone number, and zone, if
34 applicable, of the alarm activation.
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36 \ Sec. 2.5-15. Audible alarms:
37 All alarms which may be heard in any public place shall be equipped and maintained to
38 automatically cut offno longer than twenty (20) minutes after being set off.
39
40
41
42
43
(c) Any staff member of a private alarm service system reporting an alarm activation to
which police department and/or fire department response is requested shall identify himself
and state the name and telephone number of the alarm business by which such response is
requested.
Sec. 2.5-16. Enforcement through codes enforcement board: The building official, police
chief, fire chief or their designees may initiate action before the codes enforcement board of
the city to obtain compliance with this chapter and payment of service charges assessed by the
city pursuant to section 2.5-13. The board shall have the authority to place a lien against the
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1 property served by a burglar and/or fire alarm in the amount of all assessed service charges.
2
3 Sec. 2.5-17. Service charge, fines; failure to pay:
4 The owner of an alarm system in violation of a specified section of this chapter shall have ten
5 (10) days from the date of the violation notice to pay the service charge and/or fine.
6
7 (a) If the owner fails to pay the service charge or fine within ten (10) days the city shall
8 notify the owner or person in charge of the alarm system by certified mail that the payment is
9 past due in violation of this section and demand that payment be made within ten (10) days of
10 the date of the demand for payment letter.
11
12 (b) If the owner or person in charge of the alarm system fails to pay the past due amount
13 within ten (10) days, the city attorney may proceed by a suit in a court of competent
14 jurisdiction to collect said unpaid service charges and/or fines from an alarm system owner,
15 and the city attorney shall have the authority to place a lien against the property served by a
16 burglar and/or fire alarm in the amount of all assessed service charges and/or fines.
17
18 (c) The owner of the alarm system and/or the premises the alarm system serves shall be
19 responsible for all costs incurred in collecting the service fee including attorney's fees.
20
21 Sec. 2.5-18. Departmental review of contested fees:
22 (a) Alarm users wishing to contest a false alarm response service fee shall provide to the
23 police fire rescue department, within thirty (30) days of imposition of the fee, a written
24 explanation detailing reasons that the false alarm response service fee should be reduced or
25 waived.
26
27 (b) The chiefs of the police department and the fire rescue and life safety department shall
28 each designate a member of their respective departments to process, review and make a
29 written recommendation to the department chief on each case contesting a false alarm
30 response service fee.
31
32 fe-t( c )The chief of each department shall review the recommendation and may reduce, remove,
33 or leave unchanged the false alarm response service charge imposed pursuant to section 2.5-
34 13. The decision of the chief of the respective department shall be the final decision of the
35 city.
36
37
38 Sec. 2.5-19. Failure to notify:
39
40 No alarm business shall attempt to service, repair, alter, replace, move and/or test an alarm
41 system without a prior one hour notice of intent to the City of Boynton Beach Emorgency
42 Dispatch Center Fire and Life Safety Division. All reasonable precautions to avoid the
43 transmission of false alarms shall be made. Failure to notify one hour prior to the transmissionp
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of a false alarm shall result in a fine of $50, payable by the alarm business.
(a) If the alarm business fails to pay the fine within ten days, the alarm business shall be
notified via certified mail of their right to request a hearing before a three-person board which
shall be composed of the City Manager, the Director of Public Works/Engineer and the
Director of Development, or their designees, which hearing shall be held within ten days of
the date of the appeal to the City Manager.
(b) The decision of the Board shall be final and shall only be subject to review by writ of
certiorari to Palm Beach County Circuit Court.
(c) All alarm businesses and alarm monitoring companies conducting fire or medical alarm
business in the City of Boynton Beach will register with the Fire and Life Safety Division of
the Boynton Beach Fire Rescue Department.
(d) All alarm businesses will notify the Fire and Life Safety Division of any alteration,
deletion, removal of service, or other operating problems of fire and medical alarm systems in
the City of Boynton Beach.
Sec. 2.5-20. Alarm business responsibility:
An alarm company conducting fire alarm business within the city shall adhere to all
requirements of all applicable NFP A Standards. Failure to comply with this section of the
code, as determined by the Fire Marshal, shall result in a fine of $+00$1,000. Fines shall be
paid according to the guidelines in Sec. 2.5-19 (a) and (b).
Sec. 2.5-21. Damage to property:
The City of Boynton Beach shall not be financially responsible for any property damage
caused by the Police and/or Fire Rescue responding to an alarm. The alarm user shall be
solely responsible for any damages that occur while attempting to verify the cause for the
alarm activation.
Sec. 2.5-22
Operations Permit
(a) It shall be unlawful for any business engaged in the monitoring of fire alarms, or
inspecting and/or testing of fire alarms or suppression systems to operate within the
City without first obtaining an operational permit issued by the Fire Marshal.
(b) A person operating in violation of this chapter and/or Ch. 489, Fla. Stat.. shall be
subiect to a fine of up to five hundred dollars ($500) a day and/or sixty (60) davs in iail
for each day business is operated in violation of this section.
(c) Application for the permit shall be made to the Fire Marshal on a form provided and
will be issued upon a determination that proper state and local licensing requirements
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1 are met per Ch. 633, Fla. Stat., Ch. 489, Fla. Stat., and City Ordinance Sec. 13. There
2 is no additional fee for this permit.
3
4 The ermit shall remain in force as Ion as state and local licensin rOVlSlOns are
5 maintained or unless the Fire Marshal determines that the business is not satisfactorily
6 maintaining the systems in accordance with the Florida Fire Prevention Code and
7 adopted NFP A codes.
8
9
10 Section 3. Should any section or provision of this ordinance or portion hereof, any
11 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
12 such decision shall not affect the remainder of this ordinance.
Section 4.
Authority is hereby granted to codify said ordinance.
Section 5.
This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE this
,2007.
day
of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
ATTEST:
Commissioner - Mack McCray
Janet Prainito, City Clerk
Commissioner - Carl McKoy
(CORPORATE SEAL)
S:\CA\Ordinances\Chapter 2.5 Fire Alarm Systems Ordinance.doc
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Chapter 2.5
ALARM SYSTEMS*
*Editor's note - Ordinance No. 88-36, SS 1-16, adopted July 19,1988, did
not specify manner of codification classification; hence, such provisions have been designated as
Ch. 2.5, SS 2.5-1-2.5-16, by the editor.
Section 2.5-1 Short title.
This chapter shall be known and cited as the "Burglar and Fire Alarm
Ordinance." (Ordinance No. 88-36, S 1, 7-19-88)
Section 2.5-2 Definitions:
For the purpose ofthis chapter, whenever any of the following words or terms are used herein, they
shall have the meanings ascribed to them in this section:
Alarm: Any device which is used in a building or premises for the detection of fire, medical alerts,
unauthorized entry, burglary or any other criminal activity, and which when activated emits a
sound, signal or message to alert others, whether emitted on or off the premises or to the central
office of an alarm business.
Commercial: Any business, Multiple Dwelling Unit, Storage Facility, that has a Fire Alarm System
to monitor flow, tamper, manual initiation devices and audible notification.
Residential: Any single family dwelling that has a Burglar Alarm System that mayor may not have
smoke detectors attached to the system.
Alarm busines:; Contractor: Any Licensed person engaged in the business of selling, leasing,
monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing any alarn1
for any building place or premises. All associated work and personnel shall comply with chapter
489 Florida State specific to statute 4890518 and 48905185
Alarm user: Any person using an alarm or occupying and controlling Premises or building, or a
portion of a premises or building, served by an Alarm.
Audible alarm: An alarm that sounds a warning bell, buzzer, or other Sounding device that can be
heard for fifty (50) feet or more beyond the protected premises.
Class "A" alarms: All those alarms activated by illegal entry, in response to criminal activity, fire,
or the need for emergency medical response and include alarms activated solely by an act of nature
not contributed to by faulty design, maintenance, installation or use.
False alarms: All activated alarms, responded to by the police and/or fire department, which do not
qualify as class "A" alarms, including but not limited to alarms activated through inadvertence,
neglect, accident, alarm testing, and faulty installation or maintenance, and excessive vibrations or
power failure.
'"~"'....,~~""'...........',',"'"'''.,..
2007 Draft C Red is in; blue is out
Government: Any direct agency of any federal, state, county, or city government including schools
and the U.S. Postal Service.
Person: Shall mean any natural person, individual or any firm, partnership, association, limited
partnership, sole proprietorship, corporation, apartment complex, condominium association, or any
business entity whatsoever.
Premises: Shall mean the building or structure and adjoining property which is protected by and
upon which is installed an emergency alarm or alarm system. (Ord. No. 88-36, S 2, 7-19-88; Ord.
No. 90-43, S 1,9-18-90; Ord. No. 98-46, S 1, 12-1-98) Sec. 2.5-3. Alarm operating permit
required. No person shall have an alarm installed to be operational, or use an existing alarm serving
premises, or a building, or portion thereof, occupied or controlled by such person, unless an alarm
operating permit in the form of a decal has been issued hereunder, and is in force, authorizing the
use of such alarm. Such alarm operating permit shall constitute a regulatory license. For any alarm
existing prior to the effective date ofthis chapter an alarm operating permit application shall
be made within sixty (60) days of the effective date hereof. A person with an installed alarm system
without a permit from the city shall be issued a notice of violation and that person shall have ten
(10) days from the date of the notice of violation to make application for a permit. If application for
a permit is not made within ten (10) days of the notice of violation the person shall be in violation
of this section. (Ord. No. 88-36, S 3, 7-19-88; Ord. No. 90-43, S 2,9-18-90; Ord. No. 92-5, S 1,
3-3-92; Ord. No. 94-29, S 1,9-9-94)
Sec. 2.5-4. Application for permit:
(a) Application for an alarm operating permit for the operation of an alarm system shall be made
by a person having control over the property on which the alarm system is to be operated. Such
application shall be made in writing to the building official on a form designated by the city for that
purpose. On such application, the applicant shall set forth:
(1) The name, address and telephone number of each person in control of the property.
(2) The street address of the property on which the alarm system is to be or has been installed
and operated.
(3) Any business name used for the premises on which the alarm-system is to be installed and
operated.
(4) Whether the alarm system or systems are or are not local alarms and whether the alarm
system or systems are designed to give notice of a burglary, fire, hold-up or of other type of
emergency.
(5) The name of the person or alarm system business who will install the alarm system.
(6) The names and telephone numbers of two (2) persons which are able to and have agreed as
follows:
a. To receive notification of alarm activation at any time;
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2007 Draft C Red is in; blue is out
b. To arrive at the alarm site within one (1) hour after receiving a request from a member of the
communications center, police department or fire department to do so; and
c. To grant access to the alarm site and to deactivate the alarm system if such becomes necessary;
or The name and telephone number of an alarm system business which is able and has agreed to
provide as follows:
d. The names oftwo (2) persons listed with that company who are able to arrive within one (1)
hour after receiving a request from a member of the communications division, police department or
fire department to do so, and to grant access to the alarm site and to deactivate the alarm system if
necessary.
e. When necessary, the permit holder shall give the alarm system business the name and
telephone number of another person who is able and is willing to perform the above described
duties so that at least two (2) persons are listed with the alarm system business at all times.
f. The person having control over the property has authorized the alarm system business to
provide the names listed with that business pursuant to subsections d and e above to the police
and/or fire department or the communications center whenever that department(s) or the
communications center has requested that information in order to obtain assistance after an alarm
has been activated.
(b) Immediately after receipt of the alarm operating permit application, the building official or
his designee, shall forward a copy of the application to the communications division. (Ord. No. 88-
36 S 4,7-19-88; Ord. No. 91-6, S 1,2-19-91)
Sec. 2.5-5. Term of permit; fee, nontransferable:
(a) Fee. A fee of thirty dollars ($30.00) shall be charged the alarm user by the city for each alarm
operating permit issued, to defray the cost of regulation. Successive renewal fees shall not be
required of a residential or commercial permit holder except as provided in subsection
(b) Term and renewal. An alarm operating permit shall have an indefinite term from date of
issuance; provided however, the term shall expire and the permit [ shall be] deemed invalid with any
change in ownership of residential or commercial property to which the permit is assigned.
Compliance with subsections (1) and (2) shall revalidate the alarm permit.
(1) An alarm permit holder is required to notify the city within seven (7) days of any change of
alarm permit registration information.
(2) Any change in ownership of residential or commercial property to which an alarm permit is
assigned shall require a new registration application and a fee of thirty dollars ($30.00).
(c) Permit nontransferable. Any alarm operating permit issued pursuant to this article shall not be
transferable or assignable and shall cover only one (1) building or premises or portion thereof.
(Ord. No. 88-36; S 5,7-19-88; Ord. No. 90-43, S 3,9-18-90; Ord. No. 90-59, S 1, 12-18-90)
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2007 Draft C Red is in; blue is out
Sec. 2.5-6. Issuance of alarm operating permit:
An alarm permit will be issued by the building official upon receipt of said completed application,
and the building official or his designee may inspect the alarm equipment and planned installation
and may require the submission of additional and specific information.
An alarm operating permit shall be denied if:
(a) The requested information is not supplied on the application or such additional information as
required [is not furnished.]
(b) Material information on the application is incorrect.
(c) Any person or entity listed on the application under items (a)(4), (5) and (6) of section 2.5-4
of this chapter does not possess any required occupational or regulatory license to conduct the
activities required by said items (a)(4), (5) and (6), unless the person or entity is the alarm user.
(d) If the equipment is found to be inferior and not capable of proper performance. (Ord. No.
88-36, S 6, 7-19-88; Ord. No. 90-43, S 4, 9-18-90)
Sec. 2.5-7. Decal required:
Each alarm operating permit holder shall be issued an alarm decal by the building official. Said
decal shall be displayed at the main entry or a conspicuous place visible at the front of the premises
of all business, commercial establishments, and residential premises, covered by said permit. (Ord.
No. 88-36, S 7, 7-19-88; Ord. No. 90-43, S 5, 9-18-90)
Sec. 2.5-8. Duties of property owner:
For the purpose ofthis chapter, both the owner and lessee of an office or commercial premises shall
be considered to be the owners of the premises and shall be held jointly and severally responsible
for the registration of the alarm system and liable to the city for all service fees charged for false
alarms. The owner of an apartment complex or multifamily residence is responsible for the
registration of all alarm systems and shall be liable to the city for service fees charged for false
alarms.
The person in control of the property on which an alarm system is installed shall:
(a) Ensure that any person listed with the city is able:
(1) To receive notification at any time;
(2) To come to the alarm site within one (1) hour after receiving a request from a member of the
police department, fire department or communications department to do so; and
(3) To grant access to the alarm site and to deactivate the alarm system if such becomes
necessary.
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2007 Draft C Red is ill; blue is out
(4) To inspect the alarm system after each activation to ensure proper operation.
(b) Train all persons who may activate the alarm system in the proper operation of the alarm
system.
(c) Failure to respond as provided shall result in a fine of fifty dollars ($50.00). The police
department or fire department shall indicate on their false alarm report the failure to respond. The
finance department shall be responsible for assessing the fifty dollar ($50.00) fine.
(d) Notify the city within thirty (30) days of any changes of information contained on the original
application.
(e) Properly maintain the alarm system to ensure malfunctions due to faulty maintenance will not
occur. (Ord. No. 88-36, S 8, 7-19-88; Ord. No. 90-43, S 6, 9-18-90)
Sec. 2.5-9. Duty of person notified to provide access to premises, render assistance.
Any person who is notified by any member of the communications division, police department or
fire department of the activation of an alarm system and who is able to give access to the alarm site
shall come to the alarm site within one (1) hour of the time such person is notified of such
activation and shall provide the police and/or fire department any necessary access or assistance.
Failure to respond as provided shall be grounds for and result in the city taking reasonable action to
deactivate the alarm. Fire alarms required by fire codes and/or state statutes shall be exempt from
deactivating the alarm. (Ord. No. 88-36, S 9, 7-19-88; Ord. No. 90-43, S 7, 9-18-90; Ord. No. 98-
46, S 2, 12-1-98)
Sec. 2.5-10. Operation of system:
No person shall install, or cause to be installed or permit to be installed any alarm system unless the
requirements of this section are met.
(a) Any alarm system which may be activated as a result of different types of emergency
situations shall give a unique signal to designate activation as a result of a hold-up, a burglary, a
fire, or any other different type of emergency situation so that the proper notification and proper
response can be made.
(b) Any local alarm system shall have a twenty-minute shutoff and must not make a sound
similar to that of a siren, an emergency vehicle or a civil defense warning system. For purposes of
this subsection any alarm system which emits any variable tone (as opposed to a steady pitch or a
Ringing sound as is made by a bell) shall be considered to be emitting a sound which is similar to
that of a siren, an emergency vehicle or a civil defense warning system.
(c) Any hold-up alarm shall be designed so that it may be activated only by intentional and
deliberate human action; and any owner found in violation of subsection (a), (b) or (c) shall be
fined fifty dollars ($50.00).
(d) The police department or fire department shall indicate any violation of subsection (a), (b) or
( c) on the alarm report and code enforcement division shall be responsible to take the appropriate
5
2007 Draft C Red is in; blue is out
action by issuing a notice of violation of this section. The owner of the alarm system will have ten
(10) days from the date of the notice of violation to correct the violation. If the violation is not
corrected within ten (10) days, the owner shall be fined fifty dollars ($50.00). Code enforcement
shall notify the finance department to mail the notice of fine (invoice) if the violation is not
corrected. If the fine is not paid within ten (10) days the alarm owner will be in violation of section
2-17 of this chapter.
( e) The city may set reasonable standards and procedures to be followed by any alarm system
business or telephone answering service when giving notice to the communications division of
activation of an alarm system. Such standards and procedures shall be set out in writing and made
available to any alarm system business or telephone answering service requesting same.
(f) The Fire Rescue Department shall indicate any violation of subsection (a) or (b) on their
alarm report. The Fire and Life Safety Division shall be responsible to take the appropriate action
by issuing a notice of violation of this section. The owner of a commercial alarm system will have
ten days from the date of the notice of violation to correct the violation. If the violation is not
corrected within ten days, the owner shall be fined $-W $] 00.00 per day until the violation is
corrected and Fire and Life Safety accepts system changes or repairs. The Fire and Life Safety
Division shall notify the Finance Department to mail the notice of fine if the violation is not
corrected. If the fine is not paid within ten days, the alarm owner will be in violation of Sec. 2.5-17
of this chapter. (Ord. No. 88-36, S 10,7-19-88; Ord. No. 90-43, S 8,9-]8-90; Ord. No. 98-46, S 3,
12-1-98)
Sec.2.5-11. False alarms prohibited; exceptions:
No person shall intentionally activate an alarm system for any purpose other than an emergency or
threat of emergency of the kind for which the alarm system was designed to give notice. The owner
or person responsible for testing a fire, burglary or emergency alarm system shall be required to
notify the comm unicutions Fire and Life Safety Division a minimum of one (1) hour prior to the
alarm system test. It shall then be an affirmative defense to prosecution under this section that the
alarm system sounded solely for the purpose of testing the alarm, and the person who tested the
alarm took reasonable precautions to avoid any request being made to the police department or fire
department to respond to such alarm. (Ord. No. 88-36, S 11,7-19-88; Ord. No. 90-43, S 9, 9-18-90)
Sec. 2.5-12. Excessive false alarms declared a public nuisance; exceptions.
(a) The emission activation of more than three (3) false alarms in a residential occupancy within
any twelve-month period of time is excessive and constitutes a serious nuisance, and is hereby
declared to be unlawful and a violation of this section. No person shall allow, permit, cause or fail
to prevent the emission, activation for any reason, by any alarm used by such person, or any alarm
serving a premises or a building occupied and controlled by such person, of more than three (3)
false alarms within any twelve-month period of time.
(b) All new residential property with a permitted alarm systems shall be exempt from the
application of this section for the first three (3) months from the date ofinitial installation.
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2007 Draft C Red is in; blue is out
(c) Occupancies with multiple alarm zones, Bf apartment complexes, or commercial occupancies
with multiple alarm systems, that are atl maintained by the same company, may be declared
nuisance alarms by the Fire Marshal and shall be assessed a false alarm fee. (Ord. No. 88-36, 9 12,
7-19-88; Ord. No. 89-6, 9 1,4-4-89; Ord. No. 90-43, S 10,9-18-90; Ord. No. 91-64,92,9-19-
91 ;Ord. No. 98-46, 9 4, 12-1-98)
Sec. 2.5-13. False alarm response service fee; collection:
For response to excessive false alarms by the police department or fire department, the alarm user
shall be charged a service fee by the City as follows:
Four (1) false alam1s in any twelve month pctiod $25.00.
Five (5) false alanns in any tv,elve month period.
~:: (6) false alam1s in any tv.'elve month period $\ 00.00
o' 'h ~~~es~;i'.'e false atarm, after six (6), in any t\velve month period.
1 st false alarm in a 12-month period = No charge
2nd false alarm in a 12-month period = No charge
3rd false alarm in a 12-month period = No charge
4th false alarm in a 12-month period = $75 for residential; $200 for commercial
5th false alann in a 12-month period = $100 for residential: $500 for commercial
6th false alarm in a 12-month period = $150 for residential; $750 for commercial
ih and successive false alarm in a 12-month period = $200 for residential: $1000 for
commercial.
Example: A residence with 9 false alarms within 12 months would be calculated as
follows:
1 st $0
2nd$0
3rd $0
4th $75
5th $100
6th $150
ih $200
8th $200
9th $200
$925 Total
The chief of police or hislher designee shall determine whether a false burglar alarm has OCCUlTed
and the frequency of such false alarms. The city shall notify alarm users of amounts owed to the
city and shall make demand therefore, pursuant to the provisions of this section. The Fire Marshal
shall determine whether a false fire or medical alarm has occurred and the frequency of such
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2007 Draft C Red is in; blue is out
alarms. ~:~!:: ~~~~e Department shall notify al~ usc~s .ofthc amount owncd to the city and
shall make demand therefore pursuant to the fDllov,'lng prO'v'lSIOns:
(a) ;; f~:~f $100 ""ill be issucd fDr c','cry false alarm over the Third Sccond false alarm in any
calenaar year.
(b) Proof of alarm repair on the date of the false alarm can result in the fine being reduced ~
or waived, if approved by the Fire Marshal.
The Fire and Life Safety Division will bill and maintain records for all fire and medical false
alarms.
The city attorney may proceed by a suit in a court of competent jurisdiction to collect said charge
after demand therefore has been made by the city and the payment thereof refused by the alarm
user. (Ord. No. 88-36, S 13,7-19-88; Ord. No. 90-43, S 11,9-18-90; Ord. No. 98-46, S 5,12-1-98)
Sec. 2.5-14. Interference with city telephone trunk lines prohibited:
,^.la-rm business central office roquirod; identification requirod.
(a) No person shall use or cause to be used any telephone or electronic device or attachment that
automatically selects a public primary telephone trunk line of the communications center, police
Department, fire department or any other department or bureau of the city, and then reproduces any
prerecorded message to report any burglary, unauthorized entry or other emergency.
(b) No person shall provide a private alarm service system programmed to a central alarm
reception office unless it shall have the central office staffed at all times, twenty-four (24) hours a
day, including holidays.
(c) Any staff member of a private alarm service system reporting an alarm activation to which
police department and/or fire department response is requested shall identify himself and state the
name and telephone number of the alarm business by which such response is requested.
(d) The request for response shall include the name, telephone number, and zone, if applicable,
of the alarm activation. (Ord. No. 88-36, S 14,7-19-88; Ord. No. 98-46, S 6, 12-1-98)
Sec. 2.5-15. Audible alarms:
All alarms which may be heard in any public place shall be equipped and maintained to
automatically cut offno longer than twenty (20) minutes after being set off (Ord. No. 88-36, S 15,
7-19-88; Ord. No. 91-64, S 3, 9-19-91)
Sec. 2.5-16. Enforcement through codes enforcement board: The building official, police chief,
fire chief or their designees may initiate action before the codes enforcement board of the city to
Obtain compliance with this chapter and payment of service charges assessed by the city pursuant
to section 2.5-13. The board shall have the authority to place a lien against the property served by a
burglar and/or fire alarm in the amount of all assessed service charges. (Ord. No. 88-36, S 16, 7-19-
88; Ord. No. 90-43, S 12,9-18-90; Ord. No. 92-5, S 2, 3-3-92; Ord. No. 94-29, S 2, 9-9-94)
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2007 Draft C Red is in; blue is out
Sec. 2.5-17. Service charge, fines; failure to pay:
The owner of an alarm system in violation of a specified section ofthis chapter shall have ten (10)
days from the date of the violation notice to pay the service charge and/or fine.
(a) If the owner fails to pay the service charge or fine within ten (10) days the city shall notify
the owner or person in charge of the alarm system by certified mail that the payment is past due in
violation ofthis section and demand that payment be made within ten (10) days of the date ofthe
demand for payment letter.
(b) If the owner or person in charge of the alarm system fails to pay the past due amount within
ten (10) days, the city attorney may proceed by a suit in a court of competent jurisdiction to collect
said unpaid service charges and/or fines from an alarm system owner, and the city attorney shall
have the authority to place a lien against the property served by a burglar and/or fire alarm in the
amount of all assessed service charges and/or fines.
(c) The owner of the alarm system and/or the premises the alarm system serves shall be
responsible for all costs incurred in collecting the service fee including attorney's fees.
(Ord. No. 90-43, S 13,9-18-90; Ord. No. 92-5, S 3,3-3-92; Ord. No. 97-03, S 1,2-18-97)
Sec. 2.5-18. Departmental review of contested fees:
(a) Alarm users wishing to contest a false alarm response service fee shall provide to the police
fire rescue department, within thirty (30) days of imposition of the fee, a written explanation
detailing reasons that the false alarm response service fee should be reduced or waived.
(b) The chiefs of the police department and the fire rescue and life safety department shall each
designate a member of their respective departments to process, review and make a written
recommendation to the department chief on each case contesting a false alarm response service fee.
(c) The chief of each department shall review the recommendation and may reduce, remove,
or leave unchanged the false alarm response service charge imposed pursuant to section
2.5-13. The decision of the chief of the respective department shall be the final decision
of the city. (Ord. No. 98-17, S 1,6-16-98)
Sec. 2.5-19. Failure to notify:
No alarm business shall attempt to service, repair, alter, replace,
Move and/or test an alarm system without a prior one hour notice of intent to the City of Boynton
Beach Emergency Dispatch Center Fire and Life Safety Division. All reasonable precautions to
avoid the transmission of false alarms shall be made. Failure to notify one hour prior to the
transmission of a false alarm shall result in a fine of $50, payable by the alarm business.
(a) If the alarm business fails to pay the fine within ten days, the alarm business shall be notified
via certified mail of their right to request a hearing before a three-person board whieh shall be
composed of the City Manager, the Director of Public Works/Engineer and the Director of
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2007 Draft C Red is in; blue is out
Development, or their designees, which hearing shall be held within ten days of the date of the
appeal to the City Manager.
(b) The decision of the Board shall be final and shall only be subject to review by writ of
certiorari to Palm Beach County Circuit Court.
(c) All alarm businesses and alarm monitoring companies conducting fire or medical alarm
business in the City of Boynton Beach will register with the Fire and Life Safety Division of the
Boynton Beach Fire Rescue Department.
(d) All alarm businesses will notify the Fire and Life Safety Division of any alteration, deletion,
removal of service, or other operating problems of fire and medical alarm systems in the City of
Boynton Beach. (Ord. No. 98-46, S 7, 12-1-98)
Sec. 2.5-20. Alarm business responsibility:
An alarm company conducting fire alarm business within the city shall adhere to all requirements
of all applicable NFP A Standards. Failure to comply with this section of the code, as determined
by the Fire Marshal, shall result in a fine of $-+{)G $1,000. Fines shall be paid according to the
guidelines in Sec. 2.5-19 (a) and (b). (Ord. No. 98-46, S 8, 12-1-98)
Sec. 2.5-21. Damage to property:
The City of Boynton Beach shall not be financially responsible for any property damage caused by
the Police and/or Fire Rescue responding to an alarm. The alarm user shall be solely responsible
for any damages that occur while attempting to verify the cause for the alarm activation. (Ord. No.
98-46, S 9, 12-1-98)
Sec. 2.5-22 Operations Permit
(a) It shall be unlawful for any business engaged in the monitoring of fire alarms, or inspection
and/or testing of fire alarm or suppression systems without first obtaining an operational
permit issued by the Fire Marshal.
(b) A person operating in violation of this chapter shall be subject to a fine of up to five
hundred dollars ($500) a day and/or sixty (60) days in jail for each day business is operated
in violation of this section.
(c) Application for the permit shall be made to the Fire Marshal on a form provided and will be
issued upon a determination that proper state and local licensing requirements are met per
FS 633 and City Ordinance Sec. 13. There is no additional fee for this permit.
(d) The permit shall remain in force as long as state and local licensing provisions are
maintained or unless the Fire Marshal determines that the business is not satisfactorily
maintaining the systems in accordance with the Florida Fire Prevention Code and adopted
NFP A codes.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\_
XII. - LEGAL - 1st Reading
ITEM C.2
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.) 0
0 May 1, 2007 April 16, 2007 (Noon) 0
X May 15,2007 April 30, 2007 (Noon) 0
0 June 5, 2007 May 14,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
June 19,2007
June 4, 2007 (Noon)
July 3, 2007
June 18,2007 (Noon)
July 17,2007
July 2, 2007 (Noon)
August 7, 2007
July 16,2007 (Noon)
__I
..-1
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
New Business
51. Legal
o Unfmished Business
o
r- ':'
..,-
.._J
RECOMMENDA TION: Revision of Chapter 9, Fire Protection and Prevention, City of Boynton Beach C<(tfe of
Ordinances to ensure compliance with the Florida Fire Prevention Code, pursuant to Florida Statute 633.025:'-
~_:J
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EXPLANA nON: The last significant revision of Chapter 9 occurred in September 1998, followed by topic-specific
changes in January of 2002. While many of the new changes are simple updates, this revision also contains cost
recovery fees for incidents resulting from negligent, unlawful or unauthorized acts; inclusion of high-rise
requirements; permitting and safeguarding roofing operations; permitting and restricting fireworks; more stringent
requirements for sprinkler systems in commercial and multiple family residential occupancies, including provisions
for retrofit requirements; and notification and fire watch requirements for fire protection system impairments.
PROGRAM IMPACT: 1) Compliance with current statute provisions. 2) The Fire and Life Safety Division is
trained to effectively deal with the code changes, as noted.
FISCAL IMP ACT: Fire Life Safety revenues will increase approximately 20% as a result of both new fees and
existing fee increases. Revenue Account #001-0000-342-22-00.
ALTERNATIVES: 1) Do not approve these changes rendering the City Code provisions incompatible with the
Florida Fire Prevention Code. 2) Approve the Code changes with acceptable mendments.
Department Hea Signature
William L. Bin am, Fire Chief
\ Assistant to City Manager
~
Fire Rescue
Department Name
--~
''''~
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 07-
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA~ AMENDING CHAPTER 9, "FIRE
PROTECTION AND PREVENTION," TO COMPL Y
WITH THE FLORIDA FIRE PREVENTION CODE;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
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WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined
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that it is necessary to amend Chapter 9 of the City's Code of Ordinances to comply with the
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Florida Fire Prevention Code; and
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WHEREAS, the City Commission has determined that it is in the best interests of the
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residents and citizens of the City of Boynton Beach to amend Chapter 9 of the Code of
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Ordinances to comply with the Florida Fire Prevention Code, pursuant to F.S. 633.025.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
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being true and correct and are hereby made a specific part of this Ordinance upon adoption
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Section 2. Chapter 9, Fire Protection and Prevention, is hereby amended as follows:
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Art. 1.
-H-1-General
Sec. 9-1 Penalty for violations.
Sec.9-2 Enforcement authority.
Sec. 9-3 Boynton Beach Fire Code; fire codes adopted.
Sec. 9-4 Examination of building pemlits.
Sec. 9-5 Report of fire.
Sec. 9-6 Automatic fire protection systems.
(See. 9-7 through 9-17 reserved)
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Art. II.
Sec. 9-18
Sec. 9-19
Sec. 9-20
Sec. 9-21
Sec. 9-22
Sec. 9-23
Sec. 9-24
Sec. 9-25
Sec. 9-26
Sec. 9-27
Sec. 9-28
Sec. 9-29
Sec. 9-30
Sec. 9-31
Sec. 9-32
Sec. 9-33
Sec. 9-34
Sec. 9-35
Sec. 9-36
Sec. 9-37
Sec. 9-38
Fire Codes and Fees
Open burning.
Roadway security gates and emergency access.
Key boxes/entry systems
Fireworks
Fire inspection fees
Extension cords, control panels, and appliances
Fire lanes on private property; blocked roadways.
Barbecues and Open Flames on Balconies and Patios
Marking fire hvdrants and fire department connections.
Requirements for high-rise buildings.
Bars over windows and doors.
Requirements for boat docks and piers.
Emergency Response Identification and Site Plan Mapping.
Emergency access roadways.
Fire protection water supply requirements.
Duct Detector Annunciation.
Tent requirements for assembly use.
Fire sprinkler systems.
Hot work operations.
Safeguarding Roofing Operations.
Carbon Monoxide Detection
(Sec. 9-39 through 9-49 reserved)
Art. III.
Sec. 9-50
Sec. 9-51
Sec. 9-52
Sec. 9-53
Sec. 9-54
Sec. 9-55
Sec. 9-56
Sec. 9-57
Sec. 9-58
Fire and Life Safety Division
Establishment of Division; Purpose, duties, and responsibilities.
Staff.
Authority to enter property for inspection.
Inspection of nonresidential and multi-family occupancy premises
generally; enforcement orders.
Inspections involving special hazards, fire alarms and sprinkler
systems: enforcement orders.
Inspections complaint: order to remedy danger: evacuation of occupied
buildings or structures.
Service of enforcement orders.
Compliance with orders: appeal to Fire Chief.
Investigation of causes of fires required: procedures.
(Sec. 9-59 through 9-69 reserved)
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Art. N.
Fire Protection Outside City.
Sec. 9-70
When rendered.
(Sec. 9-71 through 9-81 reserved)
Art. V.
Fire Protection Impaim1ents; Emergency Fire Watch; Standby Coverage
Sec. 9-82
Sec. 9-83
Sec. 9-84
Fire protection system impairments
Emergency fire watch for impairments.
Standby fire and emergency medical coverage.
(Sec. 9-85 throu;zh 9-95 reserved)
Art.
VI.
Cost Recovery for Special Operations Due to Code Violations, Specified
Operations, and Clean Up of Hazardous Materials.
Sec. 9-96 Cost recovery program for incidents due to negligent, unlawful or
unauthorized acts.
Sec. 9-97 Cost recovery for special operations and clean up of hazardous
materials.
(Sec. 9-98 through 9-108 reserved)
Art. VII. Control of Automatic Elevators
Sec. 9-109 General; key switch operations; capacity; access keys; instructions
posted; emergency use.
(Sec. 9-110 throu;zh 9-120 reserved)
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Art. VIII
Hazardous Materials and Toxic Substances
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Sec. 9-121
Sec. 9-122
Fire department hazardous materials permit.
Disclosure and safety requirements.
(Sec. 9-123 through 9-133 reserved)
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ARTICLE I. IN GENERAL
Sec. 9-1. Penalty for violations.
( a) Any person violating any provision of this chapter or the fire prevention code adopted
in this article shall be punishable in accordance with the provisions of Sec. 1-6, FS
633.171, FS 162,Sec. 2-83, and Sec. 9-1.
(b) It shall be unla'Nful for any person to violute the National Fire Codes, or to refuse to
obey any pro'.'ision or regulation thereof, under the penalties pro'.'ided in Sec. 1 6, Sec.
2 83, and Sec. 9 1.
{Q} The application of a penalty for violation of this chapter shall not be held to prevent
the enforced removal of prohibited conditions.
Sec. 9-2. Enforcement authority.
(a) All regulations issued by the State Fire Marshal under authority of Florida Statutes
Chapter 633, shall be enforceable by the Fire Chief proper authorities of the city., and
the Fire Marshal, or designee,. appointed by the Fire Chief. The Fire Marshal is
hereby authorized to perform within the city any duties that may be imposed upon by
such law, or in accordance therewith, and to have such assistance, as needed, from
other officials of the city in the discharge of such duties.
(b) The Fire Chief and the Fire Marshal are authorized to enforce this law and all rules
prescribed by the State Fire Marshal within their respective jurisdictions. Such
personnel acting under the authority of this section shall be deemed to be agents of
their respective jurisdictions, not agents of the State Fire Marshal, and subject to
Florida Statutes 633, 790, and 943. as specified in FS 633.101.
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(c) Periodic Fire Safety Inspections
The Florida Fire Prevention Code, Chapter 69A-60.007 and Section 633.025, F.S.,
provides that each municipality, county, and special district with fire safety
responsibilities is required to enforce the Florida Fire Prevention Code. Such
enforcement requires inspection of each new building subject to the Florida Fire
Prevention Code and includes periodic inspections of each existing building subject to
the Florida Fire Prevention Code.
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No such building shall be occupied without the required fire safety inspection. The
frequency of the inspections shall be annually, or as otherwise determined by the Fire
Marshal. A fire safety inspection shall not be conducted when previous fire inspection
fees, fines, or other penalties remain unpaid. A building occupied in violation of this
section is subject to a fine of $500.00 per day. Each day constitutes a separate and
continuing offense. The City may enforce this provision of the Code by action before
the Code Enforcement Board, by notice to appear for violation of a municipal
ordinance, or by action for injunctive relief. The fines provided herein are in addition
to the penalties authorized by Florida Statute Section 205.053
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11 A property owner who is thus denied a fire safety inspection may, within five business
12 days of the denial, appeal the denial to the City Manager. Within seven business days
13 of receipt of the appeal, the City Manager or his/her designee shall review the
14 application, the denial, and any information the applicant discloses in its written
15 appeal and either sustain or reverse the City's denial. In the event the denial is
16 sustained in whole or in part, the applicant may appeal the decision of the City
17 Manager to the Building Board of Adjustment, which shall conduct an evidentiary
18 hearing. The decision of the Building Board of Adjustment shall be final and shall
19 only be subject to review by writ of certiorari to Palm Beach County Circuit Court.
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Sec. 9-3. Boynton Beach Fire Code; fire codes adopted; standards.
There is hereby adopted by the city for the purpose of prescribing regulutions governing
conditions hazardous to life, property and the environment the nutionul fire codes including ull
revisions und updates ther80fmade from time to time.
(a) Pursuant to FS 633.025 the city hereby adopts the Florida Fire Prevention Code. The
Florida Fire Prevention Code and the requirements specified in this chapter of the city
ordinances NFPA 1, Fire Prevention Code, 2000 Edition is hereby adopted by
reference as if set out in its entirety herein. NFP.\ 1, Fire Prevention Code, 2000
Edition us amended in the follO'.ving chapters and sections und NFPA 101, Life Safety
Code, 2000 Edition, shall constitute and be known as and may be cited as the Boynton
Beach Fire Code hereinafter referred to as "this code."
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(b) The provisions of this code shall be in full force and effect within the city limits of
Boynton Beach and within any municipality which has entered into an interlocal
agreement or contract for services from Boynton Beach Fire Rescue unless otherwise
provided for.
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(c) Where provisions of this code do not address specific situations involving protection
of life, property and the environment from the hazards of fire, smoke and explosion,
compliance with nationally accepted standards of good practice shall be evidence of
compliance with the intent of this code.
(d) Standards referenced in this code shall be considered an integral part of this code
without separate adoption. Where code provisions conflict with a standard, the most
stringent code provisions shall be enforced.
( e) If any section, subsection, clause, or phrase of this code is for any reason held to be
unconstitutional such decision shall not affect the validity of the remaining portions of
this code.
(f) The Fire Marshal, with the approval of the Fire Chief, may draft administrative orders
for the purpose of clarifying and carrying out the intent of this code. All
administrative orders shall be on file in the office of the Fire Marshal. Such orders
shall be enforced as if a part of this code and be in full effect upon approval of the Fire
Chief.
(g) The inspection or permitting of any building or plan under the requirements of this
code shall not be construed as a warranty of the physical condition of such building or
the adequacy of such plan. The City of Boynton Beach or its employees shall not be
liable in tort for damages for any defect or hazardous or illegal condition or
inadequacy in such building or plan, or for any failure of any component of such
building, which may occur subsequent to such inspection or permitting, pursuant to
this code.
Sec. 9-4. Examination of building permits.
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(a) No building permit shall be issued by the Building Department for new construction,
demolition, moving of existing buildings or renovation of existing structures normally
requiring a building permit until a complete set of plans and/or specifications have
been examined and approved by the Fire and Life Safety Division.
(b) The Fire and Life Safety Division shall note all violations of local or state fire
prevention and protection codes on the plans and specifications and may reject the
plans and/or specifications until such time as appropriate corrections have been made,
thereby eliminating such violations.
(c) No building that requires a Certificate of Occupancy (CO) from the Building Official
shall be occupied for any purpose until a Fire Deoartment Occuoancv Authorization
form has been sigiled by the Fire Marshal or Fire Chief.
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(g) Nothing in this section shall apply to single-family or duplex residential units.
Exceotion: Fire sorinkler svstems, generators, or gas installations.
I (e) Effective January 1,2008 all submittals for fire department review of new construction
proiects over 10,000 square feet or with multiple structures shall include an electronic
copy ofthe plans compatible with fire department software.
Sec. 9-5. Report of fire.
(a) Each owner, manager, person in charge of any building of any kind, or occupant of any
building of any kind shall, immediately upon discovery of a fire in or adjacent to such
building, or upon discovery of evidence that there has been a fire, even though it has
apparently been extinguished, report such an occurrence to the fire rescue department
immediately, giving complete information as to the location and type of fire in order
that an appropriate response by the fire rescue department may be initiated.
(b) This requirement shall not be construed to forbid the owner, occupant or person in
charge of the aforementioned building from using all diligence necessary to extinguish
the fire prior to the arrival of the Fire Rescue Department.
Sec. 9-6. Codes deletioBs aBd ameBdmeBts Automatic fire protection systems.
The city hereby adopts the following deletions and amendments to the Fire Prevention
Code of the National Fire Protection Association N.F,Pd^~' Pamphlet No.1, adopted in
Chapter 9.
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Section 7 1.2: A. All systems, equipment, tanks, pIpmg, devices, appliances,
controls, or storage facilities over which the code contains regulatory provisions, or
which are required by any other law, shall be maintained in operative condition at al!
times to provide the service and design function for which installed.
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{Q}B-:
All automatic fire protection systems (i.e. sprinkler, standpipe and fire pump systems}
shall be maintained under a written service contract with service companies licensed
by the State of Florida to provide such services and which possess a current
occupational license for the City of Boynton Beach, providing for regular maintenance
and testing of the systems in accordance with all applicable codes and standards.
specified under this Fire Prevention Code and N.F.P.A. 13, N.F.P./\.. 13R, N.F.P./\.
14, and N.F.P./\.. 25.
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The service company performing the maintenance and tests shall forward a written
report to the Fire and Life Safety Division indicating the nature of any repairs,
modifications and/or corrections completed by the service company, the date and time
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1 i of such tests and inspections, and any other information which may be required by the
2 Fire Rescue Department. In addition, a copy of the service report must be maintained
3 on the premises, and it shall be subject to inspection at any time.
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5 @ (b) Section 7 2.2: ,,\. All hereafter constructed new buildings and structures more than
6 three (3) stories or thirty-six feet (36') in height or all buildings more than two (2)
7 stories in height and more than 30,000 square feet per floor level, shall be equipped
8 with approved Class 1 standpipes to provide reasonable safety to persons and property
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10 I (c)B-o For purposes of this section, height is measured from the lowest point of entry 4ffii.sh
11 ground floor grade to the underside of the topmost roof assembly.
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13 (DC. Evidence that such standpipes have been installed in accordance with the applicable
14 standards specified for this section under of the Fire Prevention Code shall be e','idence
15 that such installations provide reasonable safety to persons and property.
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17 (c) Section 7 3.2:
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19 -& Approved automatic fire sprinkler systems as hereinafter defined shall be installed
20 throughout hereinafter constructed the following buildings and structures: ef
21 appropriate sections thereof:
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1.
The following Buildings of an institutional or educational character, hospitals,
nursing homes, homes for the aged, convalescent centers, rehabilitation
facilities, day care centers for more than twelve (12) clients under one (1) year
of age, adult congregate living facilities, and all occupancies and uses of
similar nature to those herein stated, without regard to the type of construction
or height of the building involved.
2.
All wood or partial wood frame buildings or structures which are 2 stories or
more than twenty feet (20') in height as measured from finish ground floor
grade to the underside of the topmost roof assembly.
3.
All buildings or structures regardless of the type of construction, which are
three (3) stories, or more in height or all buildings or structures in excess of
thirty feet (30') in height as measured from the lowest point of entry 4ffii.sh
floor grade to the underside of the topmost roof assembly.
4.
All buildings or structures regardless of the type of construction that are in
excess of 8,000 12,000 square feet per floor.
5.
All portions or sections of buildings or structures which are below grade or
which constitute the basement area of a building or structure regardless of
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square footage of floor area or type of construction.
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Single family homes and duplexes shall be exempt from this requirement.
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5 B. The automatic systems herein referred to and the installation thereof \vhich is required by
6 this ordinance shall be contained in and proyided for ';'lith the applicable standard specified for
7 this section under of the Fire Prevention Code.
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10 See. 9 7. IBspeetieB test records.
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12 A hurd copy of all inspection, maintenance and test records shall be provided to the ;\.HJ
13 immediately after completion of the follo\ving:
14 (a) Fire pump;
15 (b) Fire alarm;
16 (c) Fire suppression;
17 (d) Fire detection;
18 (e) Fire sprinkler;
19 (f) Fire standpipe; and
20 (g) All others required by the NFPA or other applicable codes, standards or statutes.
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ARTICLE II. FIRE CODES AND FEES
Sec. 9-+J 18. Open burning.
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(a) Defined. Open burning is defined as any outdoor fire or open combustion of material.
except barbecuing. Charcoal and propane fires. which are contained within a
manufactured hibachi, grill, smoker or gas grill for food preparation, do not constitute
open burning.
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(b)
Prohibited generally. It shall be unlawful to have any open buming within the city
limits on public or private property, except for fire training purposes or recreational or
ceremonial occasions for which written permits from the fire rescue department are
required.
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(c)
On beach. No permits will be issued for any open burning on the public beach.
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(d)
Violations. Any person who violates this section, and the owner of the land who
allows these violations, shall be guilty of a violation of this code. (See Sec. 9-1 for
penalties. )
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Sec. 9 14. Supplementary lighting system in places of assembly.
The minimum requirements shall be as required by the Fire Marshal:
(a) .^.Jl security/entrance gates must have an electronic key number pad or an approved
alternative.
(b) The keypad ""ill allmv entrance by the simple act of pushing four (1) or fi'"e (5)
buttons.
(c) .^.JI gates must have a security entry code appro'"ed in ad'/ance by the Fire Marshal.
(d) Gates may be operable by telephone from our dispatch office. A phone call from our
dispatchers will open the gate and a second call '",ill be required to close the gate.
(e) In case of povl(~r failure, the electronic gate shall open automatically and remain
epeE::
(f) An exception will be '.,<,here a 21 hour security guard is stationed at the gate.
(g) A back up device such as an authorized secl:lrity box or key s'Nitch is required to
operate the gate in the event the number pad entry does not ',york.
(h) No other code numbers, operating methods. or key systems '.vill be kept on
file by the Fire Rescue Department.
(i) In the e'/ent that our units are unable to gain rapid entry with the above methods, it
';",ill required the use of raid forcible entry methods to gain entry. The city and/or the Fire
Rescue Department shall not be responsible for, nor incur any costs as a result of, gaining
access to a specific area.
U) Information on where authorized key security boxes can be obtained is available from
the Fire Rescue, Fire and Life Safety Division.
(k) Failure to comply \vill result in the '/iolation of Section 9 3F of this code.
(1) Failure to notify the Fire Marshal of all unauthorized change to the operating system
or other violation of this Section shall result in a fine of$100.
I Sec. 9-19
Roadwav security 2:ates and emer!!encv access.
All security gates across roadways used by emergency response vehicles must be provided
with an authorized key box or key switch to operate the gate in addition to any other devices
specified by the Fire Chief. Information on where authorized key security boxes can be
obtained is available from the Fire and Life Safety Division.
In case of power failure, any electronic gate shall open automatically and remain open until
power is restored.
In the event that emergency personnel are unable to gain rapid entry with the methods above,
forcible entry methods to gain entry may be used. The city and/or the Fire Rescue Department
shall not be responsible for, nor incur any costs as a result of, gaining access to a specific area.
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1 Ii I Trees with branches over areas accessible to fire apparatus must maintain fourteen feet of
2 II vertical clearance. Vegetation shall not intrude into the roadway such that would limit the free
3 Ipassage of emergency vehicles.
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6 II Sec. 9-20 +& Key boxes/entry systems.
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8 In all new and existing buildings, except individual residential dwelling units of any kind,
9 there shall be installed a key box for such areas or buildings when the Fire Marshal determines
10 that access to or within a structure or an area is unduly difficult because of secured doors and
11 windows, security gates, or where immediate access is necessary for all life-saving or
12 firefighting purposes. The key box shall be a type approved by the Fire Marshal, and shall
13 I contain:
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~~ II (a) Keys to locked points of egress, whether in common areas or on the interior or exterior
16 of such buildings;
17 (b) Keys to locked mechanical equipment rooms;
18 Ii I (c) Keys to fire alarm control panels;
19 (d) Keys to suppression system components;
20 ( e) Keys to locked electrical rooms;
21 (f) Keys to elevator controls; and
22 (g) Keys to other areas where fire rescue personnel may need emergency access as
23 II directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock
24 I I box.
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26 Sec. 9 16. Bulle storage of inflammable liquids in outsidc aboveground tanke.
27 I The limits in "vhieh bulk storage of inflammable liquids in outside aboveground tanks is
28 IIProhibitcd, arc hcreby established as follov'l"s:
29 I Bounded on the east by the Florida Inland Navigation District Canal; on the north
30 Ilby the Boynton Canal; on the west by Seaboard Air Line Railroad; and on the south by
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'AT oolbright Road (SV,T 15.'\ycnue). Such bulle storage is also prohibited within t\VO hundred
fi fty (250) feet of U.S. High\vay No. 1, and wi thin fire hundred (500) feet of any church,
school, thcater, or other public gathering place, or similar type bulle storage tame installation
located on any noncontiguous parcel. ;\ny building permit issued for the construction of bulle
storage tanks contemplated hereinaboyc, shall be subject to the imposition of any reasonable
safcty requirements decmed necessary by the city commISSlOn dictated by the physical
location ofthc proposed sitc of such tanks.
Sec. 9 17. Penetration of fire'Nalls and fire breaks.
Any material penetrating a fire break or fire wall shall have the equivalent fire rating of
that brcak or \','0.11 which is pcnetrated.
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Sec. 9-21l& Fireworks.
This section may be cited as "The Boynton Beach Fireworks Ordinance."
(a) The term Fireworks shall mean and include any combustible or explosive
composition, or any substance or combination of substances, or article prepared for the
purpose of producing a visible or an audible effect by combustion, explosion,
deflagration or detonation, as defined by Florida Statutes Ch. 791.
(b) The Fire Marshal may adopt reasonable rules and regulations for the granting of
permits for supervised displays of fireworks by the city, fair associations, civic groups,
and other organizations or groups of individuals. Such permits may be granted upon
application to the Fire Chief after the filing of a bond by the applicant as provided
herein. Every such display shall be handled by a competent operator and shall be of
such composition and character and shall be so located, discharged or fired in a
manner not to be hazardous to property or endanger any person. After the issuance of
such a permit, sales, possession, use and distribution of fireworks within the city for
such display shall be lawful for that purpose only. No permit granted hereunder shall
be transferable.
A bond shall be required from the applicant in a sum no less than $1,000 conditioned
on compliance with the provisions of this section and the regulations of the Fire
Marshal adopted hereunder.
Before the issuance of a permit for a display of fireworks, the applicant shall furnish
proof of financial responsibility to satisfy claims for damages to property or personal
injuries arising out of any act or omission on the part of the applicant or any agent or
employee thereof, in such amount, character and form as the Fire Marshal determines
to be necessary for the protection of the public.
No permit shall be issued under the provisions of this section to an applicant not
having an established place of business within the state for conduct of a display of
fireworks until the applicant has fulfilled the legal requirements for service of process
upon the person or entity seeking a permit. In the case of a corporation, proof of
registration with the Secretary of State, as a nomesident corporation shall be required.
The Fire Chief, Fire Marshal, or the Police Chief shall seize, take, remove or cause to
be removed at the expense of the owner all stocks of fireworks stored or held in
violation of this section, and shall dispose of the fireworks in the manner deemed safe
by the Fire Marshal when the fireworks are no longer required as evidence of a
violation of this section.
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During times of water shortages or water shortage emergencies, as determined bv the
South Florida Water Management District and/or the City and defined in Chapter 40E-
21, Florida Administrative Code, as it may be amended from time to time; the
possession, use or sale of consumer fireworks, including sparklers as defined in FS
791.01(8), is prohibited within the city limits without a permit as discussed above.
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Any person or entity violating the provisions of this section shall be punishable as
provided in Sec. 9-1 and Sec. 1-6.
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manufacturing of firevlOrks or sparklers must first apply for and secure a permit from the Fire
Marshal.
(1) The application for such permit shall include proof that the applicant is registered
with the Di'lision of the State Fire Marshal.
In addition, the temporary retail sale of sparklers requires a city occupational
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24 II (1) Such security shall be approved by the City Attorney's Office and the Finance
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The conditions of such security shan be that:
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sale of fireworks or sparklers;
b. The permit holder shan pay the cost of providing security at the site(s), pursuant
to court order, III the event of the arrest or detention of the permit holder's employees). or
agent(s), for violation of this section, which arrest or detention results III the site being
unmanned by the permit holder's employee(s) or agent(s).
(j) Record of sales and exemptions.
(1) In order to verifY compliance with F.S., Chapter 791, and this section, the seller of
firev/orks must obtain the name und address of euch purchaser of fireworks, check a photo
identification. and keep a record of the names, addresses and forn1 of proof of photo
identification.
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(2) The seller must maintain, on site, this record for all fireworks sales, which
includes the name and address of purchase, and the f{)rm of identification.
(3) These records shull be maintained on site nnd be made available during business
hours for immediate on site inspection by a Fire Marshal and/or the Police Department or
other la'.v enforcement agencies.
(4) The records shall be maintained for a period of hvelve (12) months from the last
entry in the record.
(5) Should the site close or be vacated within this twelve month period, the permit
holder shall maintain the records for the remainder of the twelve month period.
(k) Any violation of this section shall subject an offender to arrest pursuant to F.8., ~
901.15, and prosecution pursuant F.8., ~ 125.69.
Sec. 9-22!9. Fire inspection fees.
(a)
A fee in the amount of $.~ .060 per square foot shall be levied on all new
construction, alterations, or additions in the city. This fee shall encompass plan review
and necessary fire inspections required prior to the issuance of a Certificate of
Occupancy. The City Manager is authorized to waive the fee for all city buildings and
events.
The following permit fees for fire protection systems are required:
(1)
Fire detection and annunciation systems: ~
Less than 5000 SQ. ft. $35
Greater than 5000 SQ. ft. $50. plus $10 for each 1000 additional square feet
over 5000.
(2)
Fixed fire suppression systems (halon, 'Net/dry chemical systems, etc.): $~.
35 per hour. $35 minimum.
(3)
Hazardous, flammable or explosive materials: $~.
(4)
Plan revie'.v of special occupancies in addition to normal plan revie'N fees:
Per hour fee
$35
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Minimum feo $35
Maximum fee $245
(M) The plan review fee shall be four (4) times that specified in this table, should
work commence prior to the fire plan review and approval as required by the
Fire Marshal Official.
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Change of plans: 50% of original fee $35.
(6) Fees for new construction, alteration, or reno','ation shall bo in the amount of
$0.029 por square foot, if provided with a fully automatic fire protection
system throughout the building.
(6) The following inspection fees are required:
(l) Minimum permit fco: $25.
f.B Reinspection fee, due to violation, incompletion, lack of accessibility, or
deviation from approved plan. Following the initial inspection, one
reinspection for compliance will be included in the original fee. If additional
reinspections are necessary due to the above criteria, reinspection fees will be
required.
a. Second reinspection due to violation: $fr50.
b. Second reinspection due to incompletion, lack of accessibility, or
deviation from approved plan: $W 100.
c. Third and subsequent reinspection(s): $+00 150.
Annual inspection fees. There is hereby established a fee structure for annual fire and
safety inspection activity conducted by the fire rescue department Fire & Life Safety
Division for commercial enterprises and multi-family dwellings. The owner of each
commercial enterprise, business, or multi-family dwelling operating from a location
within the City of Boynton Beach shall be charged an annual fire and safety inspection
fee as set forth below:
(l) Non-residential, (includes all retail, mercantile, business office, industrial,
storage occupancies, assembly), healthcare, institutional, residential board and
care, and residential structures that are required to have occupational licenses
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butnot including restaurants, cafes, and public eating places.
a. First 1,000 sq. feet: $# 50.
b. Each additional 1,000 sq. feet: $~ 8.00.
c. Tents, canopies and temporary structures: $# 35.
d. Churches up to 10,000 square feet: $45.
e. Churches over 10,000 square feet: $45 plus 8$ for each additional 1000
square feet over 10,000.
(2) Multi-family building (includes hotels, apartments, cooperatives,
condominiums, and boarding houses renting furnished or unfurnished rooms or
apartments).
a. Three to 24 units: $#-;50
b. Twenty-five to 38 units: $6-S 75.
c. Thirty-nine units and O'ler: to 100 units: $~. 100
d. Each unit over 100 is $10 additional.
(3) Restaurants, cafes and public eating places:
a. Seating capacity up to 15: $~ 35.
b. Seating capacity from 16 lip to 50: $# 50.
c. Seating capacity from 51 to 100 over 50: $.:&-100
d. Seating capacity over 100: $200
(4) Educational:
a. Nursery day care: $35.
b. All others: $75.
(5) All others not classified above: $# 50.
(6) Businesses or professional individuals sharing one office suite or bay shall be
charged only one fire inspection fee.
(7) The fees established in division (c), (d), and ( e) shall accrue annually.
(8) A.....'1llual fire inspection fees shall not exceed $150
(e)
.'\.nnual inspection of fire detection and annunciation systems: $15 per occupancy.
Water/hydrant flow test: $~300.
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(h)
(g)
Facilities (g) Structures or systems requiring more than one inspection per year,
excluding reinspections, shall be charged 50% of the original fee but not less than $8
35.
Structures with fully automatic fire protection throughout '.vill have their annual
inspection fee reduced by one half (50%)
Nothing in this section shall be applied to governmental entities.
Sec. 9-W 23.
Extension cords, control panels, and appliances.
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Temporary use. Extension cords shall not be used as a substitute for permanent
wmng.
(b)
Conditions of use. Extension cords are permitted only with portable appliances or
fixtures. While in immediate use:
(1)
Each extension cord shall be plugged directly into an approved receptacle and
shall, except for approved multiplying extension cords, serve only one
appliance or fixture.
(2)
The current capacity of the cord shall not be less than the rated capacity of the
appliance or fixture.
(3) The extension cord shall be maintained in good condition without splices,
deterioration or damage.
(4) The extension cord shall be of the grounded type when servicing grounded
appliances or fixtures.
Limitations. Extension cords and flexible cords shall not be affixed to structures,
extend through walls, ceilings, floors, under doors or floor coverings, nor be subject to
environmental damaging physical impact.
Multi-plug adapters. The use of multi-plug adapters such as multi-plug extension
cords, cube adapters, strip plugs or any other device that does not comply with this
code or the National Electrical Code is prohibited.
Access to control panels. A minimum 30 inch clearance shall be provided in front of
electrical contra 1 panels for access. A minimum of 1 ft. clearance shall be maintained
to the top, bottom. and sides of each panel.
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Non-approved appliances. Electrical appliances or fixtures shall not be sold, offered
for sale or rent, disposed of by gift or premium, nor made available for use or used
unless they are of an approved type.
Exception. Low voltage wiring, such as communications and signal wiring.
Temporary wiring.
(1)
Temporary wiring for electrical power and lighting installations shall be
permitted during the period of construction, remodeling, repair or demolition
of buildings, structures, equipment, or similar activities.
(2)
Temporary wiring for electrical power and lighting installation shall be
permitted for a period not to exceed 90 days for Christmas decorative lighting,
carnivals, and similar purposes. and for experimental development 'Nark.
(3)
When temporary wiring is attached to a structure, it shall be attached in an
approved manner.
Electrical motors. All electrical motors shall be maintained in a manner free from the
accumulations of oil, waste, and other debris, which will interfere with required motor
ventilation or create a fire hazard.
Sec. 9-U 24. Fire lanes on private property; blocked roadways.
For the purposes of this section:
Fire Lane. A space sufficient in width and length to permit the parking of fire trucks,
rescue vehicles, and other fire rescue department apparatus and located nearest to, or at
the best location to permit firefighting and rescue operations nearest to, a building or
structure.
(b) Fire lanes shall be established on private property where the public has
the right to travel by motor vehicle, or where the public is permitted by invitation
or by license to travel by motor vehicle, to the extent that any such lane is
necessary for access to buildings by --1!!!.Y fire tneks or other firefightiBg
apparatus as determined by the Fire Marshal. Any person owning or in
possession and control of any such property, including but not necessarily limited
to, any parking lot, shopping plaza, shopping center or other commercial,
industrial or multifamily residential area, shall establish such fire lanes through
striping, marking and posting of signs.
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(e)
(c)
After notification by the Fire Marshal of the necessity to establish one or more fire
lanes upon a particular property, the owner or person in possession and control of the
property shall submit two sets of site plans of the property to the Fire Marshal for
review and approval of the design and 10cation of the fire lanes. The site plans shall
be drawn to scale and shall show all related buildings, driveways, streets and other
information to evaluate the sufficiency of the fire lanes.
Approval by the Fire Marshal of the fire lanes shall constitute authorization for the
installation of official signs prohibiting the stopping, standing or parking of motor
vehicles within the fire lanes, and posting the lanes as tow away zones. Such signs and
necessary pavement marking and striping shall be furnished by and at the cost of the
owner or person in possession and control of the property, who shall thereafter be
responsible for the maintenance of the signs, marking and striping in a state of good
repair.
All fire lanes signs installed pursuant to this section shall have red lettering, not less
than two inches or more than three inches in height, on a white background. Each sign
shall be 12 inches wide by 18 inches in height, and shall Bet be mconsistent with the
Manual on Uniform Traffic Control Devices of the State Department of
Transportation. The Fire Marshal shall prescribe a uniform sign design for such signs.
It shall be unlawful for any person to have or cause to have any driveway, roadway or
entrance barricaded or blocked by obstacles which would interfere with the response
of Fire Department or other emergency vehicles. If an existing building requires the
changing of access to the properties, the owners shall provide revised site plans to the
Building Division and to the Fire Department for their approval. Any person failing to
comply with the above provisions or violating the provisions shall be punished
pursuant to the provisions of Sec. 9-1 and Sec. 1-6.
Use of charcoal stoves; other devices lacking proper ventilation.
It shall be unlmvful for any person to use or cause to be used any charcoal grill or
sto';es; gasoline stove or heater; liquefied petroleum gas grill or stove; or any similar heating
or cooking appliance on any balcony, wi thin any screened enclosure; III any corridor or
halh,<,ay or within the confines of any building or structure '.,<,hen such spaces are not provided
v.'ith safeguards to insure adequate ventilation. All such cooking appliances and de'.'ices shall
be used and operated a sufficient distance from any combustible materials or structures as may
be required to prevent the ignition thereof and the spread of fire outside the area of intended
confinement. No such de';ice or appliance shall be used or operated directly under an
overhang of any structure regardless of the distance removed from combustible materials.
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I Barbecues and Open Flames on Balconies and Patios.
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24 II (a) Enforcement of application. The high-rise regulations set forth in this section shall be
25 I enforced by the Fire Marshal. These regulations shall apply to all buildings, which
26 I have floors used for human occupancy located seventy-five (75) feet or more above
27 I grade., and all buildings of six (6) or marc stories used for huma.n occupancy.
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The use of any type of grill that produces an open flame is prohibited from being used on the
I balcony, porch or rooftop of any multi-family dwelling with three or more units. No propane
I tanks may be stored within such multi-familv dwellings or on balconies, porches, or rooftops.
A barbecue grill may be used on ground level at a multi-family dwelling as long as the grill is
I more than fifteen (15) feet from the nearest overhang or any other part of the dwelling.
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I Sec. 9-~26. Markinl! fire hydrants and fire department connections.
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Reflective blue markers shall be placed to indicate the location of a hydrant.
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Reflective red markers shall be placed to indicate the location of fire department
connections to a sprinkler or standpipe system.
Fire Hvdrants shall be painted red in accordance with specifications approved by the
Fire Chief.
Certificate of Compliance.
(1)
No Certificate of Occupancy shall be issued for a high-rise building era
building of six (6) or more stories, unless a Certificate of Compliance,
as described herein, is first issued by the Fire Marshal.
(2)
The following life safety features shall be provided and maintained in working
order by the property owner in accordance with approved plans and
specifications and shall be tested, certified and proved to be in proper working
condition at the owners cost to the satisfaction of the Fire Marshal before
Issuance of the Certificate of Compliance.
a.
Firefighters Breathing Air Replenishment System. The requirements of
the Uniform Plumbing Code (2006) regarding the Firefighter Breathing
Air Replenishment System (Standard IAPMO IGC 220-2005) is hereby
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adopted. 1^~ system capable of supplying breathing air to multiple le'.'els
of the structure for the purpose of filling breathing air bottles shall be
provided. The system It-shall be designed to meet Fire Department
needs~ as described in the Fire Department Design Guide; be tested
annually~ and maintained at the expense of the owner. It shall be for
Fire Department use only.
b. Equipment storage rooms. Equipment rooms or areas as described in
the Fire Department Design Guide, for purpose of storing equipment
for Fire Department use shall be provided.
c. Stairwell doors. Stairwell doors shall remain unlocked to allow entry
to each floor above the first floor from the stairwell.
d. Administrative controls. Administrative controls shall be provided as
deemed appropriate by the Fire Marshal. This typically includes
evacuation! identification maps, door labels, impairment controls, etc.
e. Master keys. Multiple master keys fitting all common area doors shall
be provided.
f. Rappelling anchors. Anchor devices meeting Fire Department
requirements as described in the Fire Department Design Guide shall be
placed on the roof and used by the Fire Department for rappelling
purposes.
g. Suppression connections and control valves. The location of Fire
Department connections and fire suppression control valves shall be
approved by the Fire Marshal.
h. Communications. The systems and devices used to provide voice
information to building occupants and among emergency personnel
shall be approved by the Fire Marshal.
1. Elo'Eltors. Elevators shall be of adequate size and configuration to
accommodate the needs of the Fire Department. as dcscribed in the Firc
Department Design Guide.
Smoke controls. Stairways and areas important to life safety shall be
pro'.'ided with adequate smoke control features as detemlined by the
Fire Marshal.
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14 Purpose: To provide a reasonable degree of safety to the general public. emergency response
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Sec. 9-28. Bars over windows and doors.
Any newly installed windows and doors with security bars shall be equipped with quick-
. release devices to allow them to be opened immediately in an emergency. These devices
operate from inside and allow the bars to be opened for emergency escape. The quick-release
devices shall be easy to open without the use of a key. detailed knowledge. or great physical
effort.
Sec. 9-29. Requirements for boat docks and piers.
Construction
Scope: This ordinance shall apply to all docking or pier facilities that are part of any
commercial establishment. or any docking or pier facility that is used by the public. whether
or not a fee is charged for such use.
Piers and docks and any stairway or ramp or walkwav leading to a dock or ramp shall have a
railing at least 38" high. continuously along the side of the dock or pier that faces water.
Height shall be measured from the surface of the dock used for foot travel.
Vertical guards shall be provided continuously for the full length of the railing. The guards
. shall be spaced so that a sphere of 4" will not pass between them. Where a space is
designated for boats to discharge passengers. a gate that is equal to the height of the railing
shall be provided. This gate shall be kept closed unless being used for passenger discharge or
the unloading of goods. If a dock. pier. or any walkway leading to a dock or pier is
constructed of planking. the planking shall be installed so that there is no more than 1/8"
between planks.
All dock or piers that do not abut land shall be provided with a wet or dry standpipe system
for firefighting purposes. Any hose outlet shall be capable of supplying 250 gpm. The
standpipe shall be designed by a licensed fire sprinkler contractor and approved by the Fire
Marshal.
Lighting shall be provided along the entire length of the dock. pier. or walkway so that no less
than 0.1 foot-candle is available at the walking surface.
Sec. 9-30. Emen!:ency Response Identification and Site Plan Mappine.
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The owners of all properties having a building thereon shall install and maintain Il1 a
conspICUOUS place a correct street number of sufficient SIze (Minimum of 4-inch for
residential and 6-inch for commercial), shape, and character as to be visible and readable by
emergency personnel approaching from any direction. The owners of all properties that are
subdivided into suites or bays shall install and maintain in a conspicuous place suite and bay
designations that are likewise visible and readable by emergency personnel approaching from
any direction.
Facilities that have multiple entrances shall designate each entrance with an identifier so
responding emergency personnel will know to go to the specific entrance closest to the patient
or emergency.
Prior to the final new construction inspection by the Fire Department, the developer, architect,
or contractor must provide the following:
. All necessary information required for emergency response to the buildings, stmctures,
or units.
. A site plan indicating "For Emergency Response Identification and Mapping."
. The site plan must reflect all the buildings! structures on the property and the
building( s) orientation to driveways and labeled streets.
. If applicable, the site plan must also identify all suites or units.
. One paper copy 11 inches by 17 inches.
. One AutoCAD or digital CD suitable for use by G.I.S.
Sec. 9-31. Emen!encv access roadwavs.
Emergency access roadways at construction sites must be fim1 and unyielding, having a
bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as
determined bv AASHTO T180, in accordance with the FDOT Standard SlJecifications for
Road and Bridge Construction (2000) Division 11, Section 160, STABILIZING. A coPy of the
test results shall be provided and accepted prior to above grade construction. Testing
frequency shall not be less than that specified in the FDOT Sampling, Testinf! and RelJorting
Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts,
depressions, and damage, and at the required bearing value for the duration of it's intended
use.
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Roadways determined by the Fire Marshal to provide emergency vehicle (fire and EMS)
access to occupied structures or structures that are under construction, must be of sufficient
lwidth (tvpically 50ft.) to allow emergency vehicles unencumbered access even when vehicles
i are illegally parked.
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21 Ito be mistaken for active hydrants available for fire suppression.
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!In accordance with NFP A 24 (2003) Section 5.1.3, design of water based suppression systems
Ithat are not supplied by fire pumps, shall be based on drought conditions (45 psi static per the
Utilities Department).
New construction proiects must provide the results of a hydrant flow test performed by the
IFire Rescue Department, indicating a fire flow not less than 1500 gpm @ 20 psi above
domestic use. This applies to new or existing hydrants within the required 200 ft. of the
facility per LDR 6-16.
Where an approved fire alarm system is installed in a building. HV AC duct detectors shall be
connected to the fire alarm system. Smoke detectors used solely for closing dampers or for
I I heating, ventilating. and air-conditioning system shutdown shall not activate the building fire
"alarm. They are to be identified as "Supervisory" only.
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Sec. 9-34. Tent Requirements For Assemblv Use
a)
A supplemental lighting system in addition to the regular system for emergency
lighting is required.
b)
A certificate of flame retardant fabric is required to be provided to the authority having
iurisdiction.
c)
A confirmatory field inspection is required after the tent is erected and prior to use by
the public to confirm flame resistance.
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1 d) The storage of flammable liquids or the use of combustible materials, not flam
2 retardant treated, are not permitted inside the tent. There will be no smoking or ope
3 flame allowed inside the tent.
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8 operating the assembly shall be trained.
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I 1 be enclosed.
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14 shall include flame-spread information, location of tent relative to other structures, and
15 the time period the tent is to be used.
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17 (i) Generators are not permitted to be within 10 feet of the tent.
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19 Sec. 9-35. Fire Sprinkler Systems
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21 Water meters are prohibited on fire sprinkler supply lines.
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23 Sec. 9-36. Hot \" ork Operations
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25 (a) Welding, cutting, and other hot work shall comply with NFPA 51B, Standard for Fire
26 Prevention Durinz Welding. Cuttinz, and Other Hot Work.
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33 Sec. 9-37 Safe2uardin2 Roofin2 Operations.
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35 All roofing operations involving heat sources and hot processes shall not commence until a
36 roofing permit has been issued by the Fire Rescue Department.
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38 Sec. 9-38 Carbon Monoxide Detection
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40 Dwellillf~ units that contain fuel-bumin~ aooliances or fireolaces have attached garages or
41 receive temporary electrical power from portable generators, shall comply with the 2005
42 edition- of NFP A 720, Standard for the Installation of Carbon Monoxide (CO) Warninz
43 Equivment in Dwelling Units.
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3 ARTICLE III. FIRE AND LIFE SAFETY DIVISION
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13 2 The division was established to orevent fires that result in loss of life. serious injurv.
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16 statutes of the citv and state; and shall represent the citv with the utmost integritv, honor. and
17 I professionalism.
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19 I !1. It shall be the duty of the officers of the Fire and Life Safety Division, identified in
20 II Section 9 29, to enforce all laws and ordinances concerning the following:
~~ II (a) The prevention of fires through:
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Sec. 9-49 50. Establishment of Division; authority of Chief; desigBatioB aBd teBure of
Fire Marshal; appoiBtmeBt, title, aBd teBure of iBspeetors. Purpose, Duties, and
Responsibilities.
L A Division of Fire and Life Safety within the Fire Rescue Department of the City of
Boynton Beach, FL is hereby established which shall be operated under the supervision of the
Chief of the Fire Rescue Department, herein known as the Chief.
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Inspections.
Plan reviews.
Public education.
Enforcement.
The storage and use of explosive, flammable, hazardous materials, and toxic
substances.
The installation and maintenance of automatic and other private fire alarm systems and
fire extinguishing and protection equipment; control of impairments to these systems.
The adequacy, maintenance, and regulation of all means of egress from all occupancies
within the jurisdiction of the Fire Rescue Department.
The investigation of the cause, origin, and circumstances of fires.
The Fire Marshal, and such personnel inspectors that he or she may designate, are
hereby designated as Code Enforcement Officers for the purpose of issuing citations
under the City of Boynton Beach Codes.
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(g)
Officers shall have the power to perform other such duties as are set forth in this
chapter, and as may be conferred and imposed by other codes, statutes, and other
regulatory criteria.
Sec. 9-51. Staff
2.
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The Chief shall establish appointment criteria and designate a person to serve as Fire
Marshal, who shall hold this office at the pleasure of the Chief. The Chicf maJ' dotail
such other members of the Fire Rescue Department as Inspectors, to be kno'.vn as
Assistant Fire Marshals, as necessary.
The Chief Fire Marshall shall establish appointment criteria and shall recommend to
the City Manager Fire Marshall the employment of one or more 1^~sGistant Fire
Marshals/Invcstigators, who, sufficient staff to accomplish the division's purposes,
when such authorization is made, shall be selected, for the position. The examination
shall be open to members of the Fire Rescue Department, as '.vell as to outside
candidates and shall be for an indefinite ternl subject to the appropriate personnel
policies of the City of Boynton Beach.
Sec. 9-M52. Authority to enter property for inspection.
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The Chief of the Fire Rescue Department, the Fire Marshal or any inspector may, at all
reasonable hours, enter any building or premises within his or her jurisdiction for the
purpose of making any inspection or investigation which, under the provisions of this
chapter, he or she may deem necessary to be made.
If consent is not granted to conduct an inspection of a building, structure or premise
the Fire Marshal shall obtain an inspection warrant as provided for in the Florida
Statutes ~9 933.20 - 933.30.
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(b)
It shall be the duty of the Chief of the Fire Rescue Department to inspect, or cause to
be inspected by the Division of Fire and Life Safety or by the Fire Rescue Department
officers and members, as often as may be deemed necessary, but not loss than onco per
year in all buildings and premises except the interiors of occupied private dwellings,
for the purpose of ascertaining and causing to be corrected any conditions liable to
cause fire, or any violations of the provisions or intent of any ordinance of the city
affecting fire hazards.
Whenever any inspector, shall find in any building or upon any premises, combustible
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or explosive matter or dangerous accumulations of rubbish or unnecessary
accumulations of waste paper, boxes, shavings or any highly flammable materials, or
stored material which is so situated as to endanger property, or shall find obstructions
to or on fire escapes, stairs passageways, doors or windows, liable to interfere with the
operations of the Fire Rescue Department or egress of occupants in case of fire, he
shall order same to be removed or remedied.
Sec. 9-JJ54. Inspections involving special hazards, fire alarms and sprinkler systems;
enforcement orders.
The Chief of the Fire Rescue Department, the Fire Marshal or any inspector specially
specifically designated thereto shall inspect, as often as deemed necessary, but not less than
once per year, all specially hazardous manufacturing processes, storage or installations of
gases, chemicals, oils, explosives and flammable materials, all interior fire alarm and
automatic sprinkler systems and such other hazards or appliances as the Chief of the Fire
Rescue Department shall designate, and shall make such orders as may be necessary for the
enforcement of the laws and ordinances governing the same and for safeguarding life and
II property from fire.
I (a)
Sec. 9-55J4. Inspections complaint; order to remedy danger; evacuation of occupied
buildings or structures.
The Fire Marshal, or designee, upon the complaint of any person or whenever he, she
or they deem it necessary, shall inspect any buildings and premises within their
jurisdiction. Whenever any of the said officers shall find any building or other
structure which, for want of repairs, lack of sufficient fire escapes, automatic or other
fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated
conditions, or from any other cause, is especially liable to fire, and which is so situated
as to endanger other property or the occupants thereof, and whenever such officer shall
find in any building combustible or explosive matter or flammable conditions
dangerous to the safety of such building or the occupants thereof he, she or they shall
order such dangerous conditions or material to be removed or remedied.
(b)
Any person who, after being served with a written order to cease such severe and
immediate hazardous activity, operation or process, willfully fails or refuses to comply
with such an order shall be subject to immediate arrest.
(c)
The Fire Marshal, or designee may order the immediate evacuation of any occupied
building or structure or assembly area when such building, structure or assembly area
is deemed hazardous due to fire hazard, obstruction to exits, overcrowding of the
premises, or any other hazard or potential which presents immediate danger to the
occupants. The premises or any portion thereof, may not be reoccupied until it has
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been examined and deemed free of the hazard or potential which caused the
evacuation to be ordered. Persons refusing to obey either a verbal or written order of
the Fire Marshal or designee shall be subject to immediate arrest.
Sec. 9-56~. Service of enforcement orders.
The service of such orders as are mentioned in these codes may be made upon the occupant of
the premises to whom it is directed, either by delivering a copy of same to such occupant
personally or by delivering the same to and leaving it with any person in charge of the
premises, or in case no such person is found upon the premises, by affixing a copy thereof in a
conspicuous place on the door to the entrance of such premises. Whenever it may be
necessary to serve such an order upon the owner of the premises such order may be served
either by delivering to and leaving with such person a copy of such order, or, if such owner is
absent from the jurisdiction of the officer making the order, by mailing such copy to the
owner's last known post office address.
Sec. 9-57J6. Compliance with orders; appeal to Fire Chief.
Any order served under the provisions of Sec. 9-11~ shall forthwith be complied with by the
owner or occupant of such premises or building. If such order is made by the Fire Marshal or
one of the inspectors, such owner or occupant may within 24 hours appeal to the Chief of the
Fire Rescue Department, who shall, within five days, review such order and file his decision
thereon, and unless by his authority the order is revoked or modified it shall remain in full
force and be complied with within the time fixed in the order or decision of the Chief of the
Fire Rescue Department.
The Fire and Lifo Safety Division of the Firo Rescue Department shall investigate the cause,
origin and circumstances of e':(1)' fire, explosion, or hazardous condition occurring in the city
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Rescue Department within two days after the occurrence of the same. Such report shall be in
such form as shall be prescribed by the Fire Marshal, and shall contain a statement of all facts
relating to the cause, origin and circumstances of such fire, explosion, or hazardous condition
'and extent of damage thereof and the insurance upon such property and such other
information as may be required.
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~: IjARTICLE IV. FIRE PROTECTION OUTSIDE CITY
30 III Sec. 9-S-l70. When rendered.
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In accordance with F.S. 633.03 the State Fire Marshal shall investigate the cause, origin, and
circumstances of every fire occurring in this state wherein property has been damaged or
destroyed where there is probable cause to believe that the fire was the result of carelessness
or design.
The Fire & Life Safety Division will conduct investigations of each fire event that does not
present an obvious cause. These investigations are to begin while suppression forces remain
in control of the scene unless the property is otherwise secured as authorized by the on-call
I investigator. The purpose of these investigations is to learn the circumstances that caused the
fire in an effort to prevent future fires.
I Whenever criminal activity is suspected, the Fire & Life Safety Division shall immediately
notify the State Fire Marshal's office and local law enforcement, and shall further co-operate
with these authorities in the collection of evidence, crime scene preservation, and in the
prosecution of the case.
(Sec. 9-59 through 9-69 reserved)
Sees. 9 38 9 50. Reserved.
No fire service shall be rendered outside the municipal limits of the city by the municipal fire
forces except in the following cases:
(a)
To protect property located in a fire protection district or in a township, village or city
having a contract with the city for fire protection.
(b)
To protect property within the city threatened by a fire outside the city.
(c)
To protect city property located outside the city.
(d)
To provide mutual/automatic aid as provided by written agreement.
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(e) In the event that Boynton Beach Fire Rescue Department resources are requested b
another municipality which has an agreement with a third-party agency for mutual aid
services, and in the absence of an Interlocal Agreement or Mutual Aid Agreement with
the City of Boynton Beach, a fee in the amount of $2,000 per occurrence for up to one
(l) hour service, and $500.00 per hour for each additional hour, shall be charged to the
municipality requesting and receiving such services. Payment must be made to the
city, in full, within thirty (30) days of invoice.
(Sec. 9-71 through 9-81 reserved)
Sees. 9 52 9 55. Reserved.
ARTICLE V. EMERCENCY FIRE \V 1-,. TCH; ST.\NDBY CO'lER..\CE FIRE
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PROTECTION IMP AIRMENTS~ EMERGENCY FIRE WATCH~ STANDBY
COVERAGE
Sec. 9~82. EmcrgcBey fire watch; disabled system. Fire Protection Impairments
Impairment Defined. A system is considered to be impaired whenever it is not capable of
meeting its design function as required by the appropriate NFP A code.
In the interest of life safety, immediate notification to the fire department and fire watch
requirements or other compensatory measures are required whenever a building's fire alarm
systems, standpipes, fire sprinkler systems, and/or other emergency systems are out-of-service
for reasons other than scheduled maintenance and testing. This rule also specifies
requirements for fire department notification and fire watch implementation when scheduled
maintenance or testing places any of the fire protection systems listed above out-of-service for
more than 4 hours.
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30 ,Responsibilities of BmldID2 Owner or Occupant
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34 1. Notify the Fire Department immediately at a designated telephone 24-hour reporting
35 line of the following occurrences resulting from other than scheduled maintenance or testing:
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2. Provide notification to building occupants of any out-of-service fire alarm, fire
sprinkler or emergency alarm svstem, and notification when restored to service.
3. Notify the Fire Department at the designated 24-hour reporting number when the out-
of-service system is restored in full.
I Information to be provided to the Fire Department on the reporting line includes the
following:
1. Name and phone number of person reporting the infom1ation.
2. The nature of the problem or out-of-service system being reported and the estimated
time before it will be back in full service.
3. The name and address of the building affected.
4. The name of the building owner, or occupant and their phone number, ifknown.
Sec. 9-s683. Emergency fire watch; disabled system for
impairments.
(a) When the Fire Rescue Department finds it necessary to station fire rescue personnel at
a building with a disabled fire alarm and/or fire suppression system, the owner of the
building shall pay the city a fee of $40.00 per hour per person for the expense incurred
by the city in administering the fire watch. Fire Rescue Department personnel will
continue the fire watch until either the system is repaired and functioning, or until
relieved by a responsible person as determined by the Fire Marshal.
(b) Fire watch assessments are due within 30 days after the city mails the invoice to the
owner. A late payment penalty shall accrue at a rate of 5% per month, and prorated as
necessary, for an assessment past due. The assessment of fire watch assessments does
not in any way relieve the owner from paying any inspection or reinspection fees
associated with the re-establishment of a functioning alarm and/or fire suppression
system.
(c) It shall be unlawful for any person to fail or refuse to pay fire watch assessments when
due. Any person found guilty of violating this provision shall be subject to a fine
equal to the fire watch assessment and/or imprisonment for a term not exceeding 60
days injail.
Sec. 9-84&1. Standby fire and emergency medical coverage.
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(a) Whenever, in the opinion of the Fire Marshal, it is essential for public safety in any
place of public assembly or any other place where people congregate, due to the
number of persons, or the nature of the performance, exhibition, display, contest or
activity, the Fire Marshal may require the owner, agent or lessee to employ one or
more off-duty certified city fire-rescue personnel, as required and approved by the Fire
Marshal, to be on duty at such place. Said city fire-rescue personnel shall be subject to
the Fire Marshal's and/or his/her designee's orders at all times, when so employed,
and remain on duty during the times such places are open to the public, or when such
activity is being conducted, including one hour before opening the area to the public
and one hour after closing the area to the public. Before each performance or the start
of such activity, said city fire-rescue personnel shall inspect all required fire and life-
safety equipment to insure that such equipment is in proper working order, and shall
keep diligent watch for any emergency that should arise. Should any emergency arise,
the said fire-rescue personnel shall take whatever action necessary to protect the
occupants and public from injury, illness, or any life threatening condition.
(b) Whenever, in the opinion of the Fire Marshal, it is essential for public safety in any
place of public assembly or any other place where people congregate, due to the
number of persons, or the nature of the performance, exhibition, display, contest or
activity, the Fire Marshal may require the owner, agent or lessee to employ one or
more off-duty certified city paramedic(s) and/or EMT(s) as required and approved by
the Fire Marshal, to be on duty at such place. Said city paramedic(s) and/or EMT(s)
shall be subject to the Fire Marshal's and/or his/her designee's orders at all times,
when so employed, and remain on duty during the times such places are open to the
public, or when such activity is being conducted, including one hour before opening
the area to the public and one hour after closing the area to the public. Before each
performance or the start of such activity, said city fire-rescue personnel shall inspect
all required fire and life-safety equipment to insure that such equipment is in proper
working order, and shall keep diligent watch for any emergency that should arise.
Should any emergency arise, the paramedic(s) and/or EMT(s) shall take whatever
action necessary to protect the occupants and public from injury, illness or any life
threatening condition.
(c) For the provision of the services described in subsections (a) and (b) above, the City of
Boynton Beach shall be entitled to a reasonable fee at a rate established by the Fire
Rescue Department, as may be adopted and subsequently amended by resolution of thc
City Commission. of $40.00 per hour per person for the expense incurred by the city.
A fire engine or rescue unit required to remain on site will result in a fee of $100.00
per hour per unit in addition to the cost of personnel. The Fire Chief may reduce or
waive fees if deemed appropriate.
(Sec. 9-85 throuzh 9-95 reserved)
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ARTICLE VI. COST RECOVERY FOR OPERATIONS DUE TO CODE
VIOLATIONS, SPECIAL OPERATIONS AND CLEAN-UP OF HAZARDOUS
MATERIALS
Sec. 9-M-96. DefiBitioBs; authority aBd respoBsibility. Cost Recoverv Pro!!ram for
incidents due to ne2Ih!ent, unlawful or unauthorized acts as defined herein.
. There is hereby established a Cost Recovery Program for the purpose of recovering costs for
the Fire Rescue Department in responding to incidents due to code violations, negligent,
· unlawful or unauthorized acts as defined herein.
Definitions.
,Unless the context otherwise requires, the following terms as used in this Cost Recovery
Program shall be construed according to the definitions given below.
Business.
An entity consisting of one (1) or more persons engaged In a
commercial activity for profit.
Careless.
Not taking ordinary or proper care; heedless; inattentive.
Contract.
An oral or written agreement to have work performed by a contractor.
Contractor.
Person or entity who has a contract to perform a task or service.
Emergency Response. Any call requiring the Fire Department to respond.
Incendiary Act.
A fire purposely set by a person or persons.
Malicious Act.
A wrongful act intentionally done without legal iustification or excuse;
an unlawful act done willfully and purposely.
Negligence.
Failure to use the ordinary care a reasonably prudent and careful person
would use under similar circumstances; failure to do something which a
reasonable person would do; or the doing of something which a
reasonable and prudent person would not do.
Person.
The word "person" may include an individual, contractor, business,
association, or any other entity.
Sees. 9 58 9 60. Reserved.
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Acts reQuirine: cost reimbursement.
1. Nee:lie:ence/Careless Acts: Any contractor or business whose negligence or careless
actions or conduct causes an incident resulting in appropriate emergency response, may be
required to make payment to the City of Bovnton Beach for the costs of that emergency
response.
2. Malicious or Incendiarv Acts: Any person whose malicious or intentional, reckless
incendiary act causes an incident resulting in emergency response, may be required to make
payment to the City of Bovnton Beach for the costs of that emergency response.
3. Drivine: Under the Influence: Any person who has a 0.08 or more alcohol
concentration in his or her blood or breath, or whose blood or urine contains evidence of the
unauthorized use of cannabis, or of the unauthorized use of a controlled substance, and who
causes an incident resulting in appropriate emergency response, upon conviction (includes
supervision and probation) may be required to make payment to the City of Boynton Beach
for the costs of that emergency response.
Fees.
a) The following fees shall apply to all acts enumerated in Section 9-38
Per Fire Engine Per Hour............................................................... $390.00
Per Truck Company Per Hour........................................................ $390.00
Per Command Vehicle Per Hour.................................................... $195.00
Per Ambulance Per Hour ............................................................... $390.00
Per Administrative Vehicle Per Hour ............................................ $112.00
Per Administrator Per Hour ........................................................... $112.00
Per Fire Inspector Per Hour ........................................................... $ 84.00
Per Suppression Member Per Hour................................................ $ 84.00
A minimum of one (1 ) hour shall be charged. Subsequent hours will be billed at fifteen
(15) minute increments.
Late Fees: All fees shall be paid to the City Collector within sixty (60) days of the
invoice date. In the event that the fees are not paid within the sixty (60) day period, an
additional charge of five percent (5%) shall be added to the outstanding balance and
will subsequently be added each thirty (30) day period that the balance remains unpaid.
Waiver of Fees: The Fire Chief, or his/her designee, may waive or reduce fees.
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Sec. 9-M-97. Definitions; authority and responsibility. Cost Recoverv for special
operations and clean-up of hazardous materials.
IICb)
(c)
For the purpose of this section, the following words and phrases shall have the
meanings given herein;
Costs. Those necessary and reasonable costs incurred by the city in connection with
investigating, mitigating, minimizing, removing or abating discharges of hazardous
substances, or in connection with costs incurred by any activity of the special or
tactical operations unit including but not limited to actual labor costs of city personnel
or its authorized agents; costs of equipment operation and rental; costs of expendable
items, including but no limited to firefighting foam, chemical extinguishing agents,
absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and
protective clothing.
Discharge. Any intentional or unintentional action or omISSIOn resulting in the
releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous
substance upon public or private property located within the corporate limits of the
city.
Hazardous Substances. Any substances or materials in a quantity or form which in
the determination of the Fire Department pose an unreasonable and imminent risk to
the life, health, safety or welfare of persons or property within the city and shall
include but not be limited to those substances listed in the NFP A Guide on Hazardous
Materials or the EP A's list of extremely hazardous substances, or the Florida
Substance List promulgated by the state department oflabor and employment security.
The Fire Rescue Department is hereby authorized to take such steps as necessary to
clean up, remove or abate the effects of any hazardous substances discharged upon or
into public or private property or facilities located within the corporate limits of the
city, and is authorized to use its special or tactical operations unit to effectively deal
with specific emergencies, including, but not limited to, high-angle, confined space,
and other forms of vertical rescue.
Any person responsible for causing or allowing an unauthorized discharge of
hazardous substances which requires action by the Fire Rescue Department or its
authorized agents in order to protect the public health, safety or welfare shall
reimburse the city for the full amount of all costs associated with the investigating,
mitigating, minimizing, removing and abating any such discharge, or otherwise
providing relief to a life-threatening situation involving special and tactical
operations. Reimbursement shall be made within 30 days after receipt of an itemized
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bill for such costs from the city.
(d)
When responding to the emergency caused by the unauthorized discharge of hazardous
substances, or to an emergency requiring the use of the special or tactical operations
unit, the Fire Rescue Department shall keep a detailed record of the cost attributable
thereto.
The authority to recover costs under this section shall not include costs incurred for
actual fire suppression services, which are normally or usually provided by the city's
Fire Department or its authorized agents.
(f)
Any person responsible for causing or allowing an unauthorized discharge of
hazardous substances, or responsible for an emergency requiring the use of the special
operations and tactical unit, and who fails to reimburse the city within the time set
forth herein shall be subj ect to a late fee in the amount of 10% of the total amount of
the bill for each additional day that the bill for such costs remains unpaid.
(g)
The remedy provided for in this section shall be supplemental to and in addition to all
other available remedies by law and equity.
(Sec. 9-98 throuzh 9-108 resened)
(b)
Sees. 9 62
9 64. Reser/ed.
ARTICLE VII. CONTROL OF AUTOMATIC ELEVATORS
(c)
II Sec. 9-(}s109. General; key switch operation; capacity~ access keys~ instructions posted;
II emergency use.
II
I (a)
In all buildings three stories or more in height, hereafter erected, \vhich urc equipped
with automatic elevators, at least one designated elevator servicing all floors of the
structure shall be arranged for emergency use (firefighter's service) by Fire
Department personnel. The control of automatic elevators shall meet the requirements
as set forth under the state elevator code and ASMEI ANSI, A 17.1.
Existing elevators shall conform to the requirements of ASME/ANSI A 17.3.
Elevators shall be inspected and tested as specified in ASME/ANSI A 17.3.
(See. 9-110 through 9-120 resened)
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ARTICLE VIII. HAZARDOUS MATERIALS AND TOXIC SUBSTANCES
Sec. 9-+1121. Fire Department Hazardous Materials Permit.
This purpose of this program is to identify and control the more serious material hazards
within the city. primarily for the protection of responding emergency personneL but also to
assure these dangerous substances are used and stored properly to protect employees and the
public.
The authority for this permitting program is provided by the Florida Fire Prevention Code. It
is also authorized bv City Ordinance Article ill. Section 9-50. which requires the Fire & Life
Safety Division to enforce all laws and ordinances concerning the storage and use of
explosives. flammable, and hazardous materials.
The occupational license application (new or renewal) for a Business Tax Receipt reqUIres
the submission of all Material Safety Data Sheets (MSDS) that the business is required to
maintain in accordance with SARA Title ill or OSHA requirements.
In addition to requiring a Business Tax Receipt, an inspector may at any time he or she finds
chemicals. hazardous materials. or toxic substances, MSDS may be requested for review to
determine if a Hazardous Materials Permit is required.
The MSDS are reviewed by the Fire & Life Safety Division to determine if any of the
materials would qualify as a "3" or "4" for any category of the NFP A 704 hazard
identification system. If any are found to meet that criteria. a Hazardous Materials Permit is
required.
sienificant threat. Tltis determination is made on a case-bv-case basis witlt consideration
eiven to protection. (i.e. sprinklers. storaee cabinets. etc.) and handline procedures.
The Hazardous Materials Permit is issued by F&LS after a site inspection to verify proper
storage and handling. Permitted facilities require signage in accordance with NFP A 704.
F&LS determines category numbers, size, number. & location(s) of signs. Permitted facilities
also require a Knox Box for the placement of information for use by responding emergency
personnel. The Fire Rescue Department may direct that the items specified above be revised
or reinstalled at any time. The City shall bear no expense for initial or subsequent work
required of a user under this section.
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1 Sees. 9 66 9 70. Reserved.
2
3
4 ARTICLE VIII. HAZARDOUS MATERIALS AND TOXIC SUBSTANCES
5
Sec. 9-+1-121. Fire Department Hazardous Materials Permit.
I
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18 11'1 The occupational license application (new or renewal) for a Business Tax Receipt requires
19 the submission of all Material Safety Data Sheets (MSDS) that the business is required to
20 I i maintain in accordance with SARA Title III or OSHA requirements.
21 I
22 II In addition to requiring a Business Tax Receipt, an inspector may at any time he or she finds
23 I' chemicals, hazardous materials, or toxic substances, MSDS may be requested for review to
~: ! I determine if a Hazardous Materials Permit is required.
26 'The MSDS are reviewed by the Fire & Life Safety Division to determine if any of the
27 materials would qualify as a "3" or "4" for any category of the NFPA 704 hazard
28 lidentification system. If any are found to meet that criteria, a Hazardous Materials Permit is
29 I required.
30 II
31 IExcePtion: If the Quantities are considered bv F &LS to be small eltOuf!h that there is no
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sif!nificant threat. This determination is made on a case-bv-case basis with consideration
f!iven to protection. (i.e. sprinklers. storaf!e cabinets. etc.) and handlinf! procedures.
The Hazardous Materials Permit is issued by F&LS after a site inspection to verify proper
storage and handling. Permitted facilities require signage in accordance with NFP A 704.
F&LS determines category numbers, size, number, & location(s) of signs. Permitted facilities
also require a Knox Box for the placement of infoffilation for use by responding emergency
personnel. The Fire Rescue Department may direct that the items specified above be revised
or reinstalled at any time. The City shall bear no expense for initial or subsequent work
required of a user under this section.
43
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1 Sec. 9-+1-122. Disclosure and safety requirements.
2
3 Any person applying for site plan review, building permits, or an occupational license
4 shall disclose on the application whether hazardous material. hazardous waste, or toxic
5 substances will be used, stored, displayed, generated, or handled, and if so, MSDS must be
6 filed with the Boynton Beach Fire Rescue Department.
7
8
9 (2) Any person who, during the calendar year, for the first time becomes a user or handler
10 of any hazardous material or toxic substance, must submit MSDS to the Boynton Beach Fire
11 Rescue Department within fifteen (15) days of becoming a user or handler.
12
13
14 (3) The Citv of Boynton Beach Fire Rescue Department may, upon written notice, require
15 the submittal of MSDS of any user or handler. The user or handler shall submit MSDS within
16 fifteen (15) days.
17
18 ( 4) Any person required to submit MSDS pursuant to this Section shall file with the
19 Boynton Beach Fire Rescue Department updated MSDS on an annual basis at the same time
20 as any occupational license renewal or within fifteen (15) days of any of the following:
21
22 A change in business address.
23
24 A change in business ownership.
25
26 A change in business name.
27
28 Cessation of business operations.
29
30 The use or handling of a previously undisclosed hazardous material or toxic substance.
31
32 f. A significant change in the use, handling, or manufacturing of a hazardous material or
33 toxic substance for which disclosure has been previously made.
34
35
36 Upon request, all users must provide the following information:
37
38 To the City of Boynton Beach Fire Rescue Department, any information determined by
39 the City of Boynton Beach Fire Rescue Department to be necessary to protect the
40 public health, safety, or the environment.
41
42 To any physician, where the physician determines that such information is necessary to
43 the medical treatment of the patient and to the extent allowed by law.
Page 39
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(6) Exemptions From Disclosure. The following materials or persons are exempt from
disclosure requirements:
a.
Hazardous materials or substances contained III food, drug, cosmetic, or tobacco
products.
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Hazardous materials or toxic substances contained solely in consumer products
packaged for use by and distributed to the general public unless the product is
repackaged or altered in any way; provided, however, the manufacture and distribution
of these products are not exempt. However, pesticides, herbicides, and ammonium
nitrate fertilizers over the required disclosure amounts are not exempt from disclosure.
Any person, while engaged in the transportation or storage of hazardous materials,
within the provisions of Title 49 of the Code of Federal Regulations. Subchapter c, as
exists or as hereafter amended or changed.
d.
Infectious waste generated by hospitals, medical centers, clinics, and other health care
facilities.
Record keeping; exemption from public disclosure.
Under the provisions of 252.88(3), Florida Statutes, any and all infonnation, including
but not limited to, site plans and specific location information on hazardous materials
or toxic substances furnished to the Fire Rescue Department pursuant to this section
shall be confidential and exempt from the provisions of ~F.S. 119.07(1), Florida
Statutes.
28 I
29 i I (7) Enforcement. The Fire Chief or designee is authorized and empowered to enforce the
30 I provisions of this Chapter. The enforcement may include the inspection of hazardous
I materials or toxic substances in use, storage, or disposal, review of hazardous materials
I records, the sampling and testing of hazardous materials and other activities directly related to
I the enforcement of this section. No person shall obstruct or interfere with the Fire Chief or
! designee in the performance of these duties.
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I (8) Violations. In addition to the penalties and remedies provided in Section F.S. 252.66,
I Florida Statutes, any violations of the provisions of this section shall be punishable as
provided for in Section 2-91 and 9-61 of the City of Boynton Beach Code of Ordinances.
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ea) Definitions. For the purpose of this section, the terms listed belo'.v shall be defined
as follows, provided hovlever, references to statutes or regulations in existence at the time this
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section is adopted shall also include references to such statutes or regulations as they may be
amended from time to time:
(1) Carcinogen: refers to a substance 'shich causes cancer. For purposes of the
section, carcinogens are those substances specified on the list developed by the United States
Department of Health and Human Services in its Annual Reports on Carcinogens.
(2) C\S Number: the unique identification name as assigned by the Chemical
.^~bstracts Services to specific chemical substances.
(3) Chemical name: the scientific designation of a substance in accordance with the
International Union of Pure and Applied Chemistry of the system de'leloped by the Chemical
Abstracts Services.
(4) Common name: a designation of identification such as code name, code number,
trade name or brand name used to identify a substance other than by its chemical name.
(5) Disclosure form: the "Hazardous Material Information/Toxic Substance Permit
Form" provided by the City of Boynton Beach Fire Rescue Department.
(6) En'lironmental Review: ;\.11 businesses v:hich would be located v:ithin the city
shall state, as part ofthe occupational license application or rene\val, whether the business
would use, handle, store, or display hazardous materials or generate hazardous waste, as
defined by 40 Code of Federal Regulations, Part 261, in which case the business shall require
a Hazardous Material Disclosure/Toxic Substance Permit.
(7) Handle: to generate, treat, use, or dispose of a hazardous material or toxic
substance in any fashion.
(8) Handler: any person '.vho handles a hazardous material or toxic substance.
(9) Hazardous Material: any substance or product for which the manufacturer or
producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or
product pursuant to the Superfund
Amendments and Reauthorization "^...ct (SARA) Title III, October, 1986 and/or Chapter 252,
I Florida Statutes, the Florida Hazardous Materials Emergency Response and Community
Right To Know .^~ct, July, 1988, pro'lided that a substance may additionally be deemed a
hazardous material or hazardous waste upon a finding by the Fire Chief that the substance,
because of its quantity, concentration or physical or chemical characteristics, poses a
significant potential hazard to human health and safety or to the en'lironment if released into
the community. Should the Fire Chief at any time determine that other-vise exempted
materials should be subject to disclosure, the Fire Chief may require the submission of a
disclosure form.
(10) Hazardous waste: any material that is identified in the Code of Federal
Regulations, Title 40, Sections 261.31 261.33.
(11) Health official: the Health Officer '.vith authority in the City of Boynton Beach,
Florida.
(12) MSDS: a Material Safety Data Sheet prepared pursuant to regulations indicated
in paragraph (8) abo':e.
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(13) Person: an individual, trust, filll, joint stock company, corporation, partnership,
2 or association.
3 (14) Physician: any person recognized as a physician under Florida law.
4 I (15) SIC Code: the identification number assigned by the Standard Industrial
5 Classifieation Code to specific types of businesses.
6 (16) Recovery: as defined in Palm Beach County Regional Hazardous Materials
7 Response Plan.
8 (17) Storage or storing the containment of substances or matmials in such a manner
9 as not to constitute disposal of such substances or materials.
10 I (18) Use: includes the handling, processing, or storage of a hazardous
11 II material or toxic substance.
12 I
13 (19) User: any person vo'ho uses or handles a hazardous substance, hazardous '.vaste,
14 or toxic substancc.
15 · I
(20) Toxic substance: Any substance listed in the Florida Substance List, as set forth
Rule 4.:\ 62.004, Florida Administrative Code.
16
17
~: II (b)
20 I I
21 Ii (1) Any person applying for site plan review, building permits, or an occupational
22 I I license shall disclose on the application vo'hether hazardous material, hazardous waste, or toxic
231 I I substances '.vill be used, stored, disp~ayed, generated, or han~led, and if so, a disclosure permit
24 I form must be completed and filed WIth the BO)11ton Beach FIrc Rescue Department.
, I
25 II
26 I I (2) Any person '.vho uses, stores, displays, or handles a hazardous material or toxic
27 I i substance must on an annual basis, submit a completed disclosure permit fonn to the Boynton
28 I: Beach Fire Rescue Department. Inspection fees shall be the amount( s) as provided in chapter
"
29 I i 13 of this code.
30 i I
31 II (3) l.ny person who, during the calendar year, for the first time becomes a user or
32 II handler of any hazardous material or toxic substance, must submit a completed disclosure
33 Ipermit form to the Boynton Beach Fire Rescue Department within fifteen (15) days of
34 Ibecoming a user or handler. Thereafter, any such user or handler shall comply with the
35 ipro'o'isions of Subsection (b)(1) above.
I
Filing of a Hazardous Material Disclosure'! Toxic Substance Permit Form.
36
37
(4) The City of Boynton Beach Fire Rescue Department may, upon ",,-ritten notice,
'require the submittal of a disclosure permit form of any user or handler. The user or handler
Ishall submit a completed disclosure pennit form within fifteen (15) days.
I '. e . Ef I . B fl' ~ .
i (5) Any person reqUIred to su mIt a ISC osure penmt arm pursuant to t IS cctIOn
jshall file '.'lith the Boynton Beach Fire Rescue Department an updated disclosurc pelllit foml
ion an annual basis at the same time as any occupationallicense rcnev..al or \vithin fifteen (15)
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days of any of the following:
a. "^~ change in business address.
b. A change in business ovmership.
c. A change in business name.
d. Cessation of business operations.
e. The use or handling of a pre'.'iously undisclosed hazardous material or toxic
substance.
f. f~ significant change in the use, handling, or manufacturing of a hazardous
material or toxic substance for ,-""hich disclosure has been previously made.
'J The hazardous characteristics of e'.'cf)' hazardous material or toxic substance
O'
disclosed, including, but not limited to, toxicity, flammability, reactivity, and corrosivity as
may be required by the Fire Rescue Department.
(6) Upon request, all users must pro'.'ide the follo'.ving information:
a. To the Fire Rescue Department, any information detern1ined by the Departmen
to be necessaf)' to protect the public health, safety, or the environment.
b. To any physician, where the physician determines that such information is
necessary to the medical treatment of his or her patient and to the extent allo'.Yed by lmv.
I
I (c) Exemptions From Disclosure. The follov..ing materials or persons are exempt from
disclosure requirements:
(1) Hazardous materials or substances contained in food, drug, cosmetic, or tobacco
products.
(2) Hazardous materials or toxic substances contained solely in consumer products
packaged for use by and distributed to the general public unless the product is repackaged or
altered in any way; pro'.'ided, hmvever, the manufacture and distribution of these products ar
not exempt. Hov.'ever, pesticides, herbicides, and ammonium nitrate feliilizers over the
required disclosure amounts are not exempt from disclosure.
(3) ",,"ny person, v.'hile engaged in the transportation or storage of hazardous
materials, within the pro'.'isions of Title 49 of the Code of Federal Regulations, Subchapter c,
as exists or as hereafter amended or changed.
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e
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6
7 (1) When required by the Fire Rescue Department, uny person submitting a
8 disclosure pern1it fonn may be required to install an approved keyed lode box to store safety
9 data sheets, floor plans, site plans, and building access keys for authorized use in the case of
10 an emergency. Ifrequired by the Fire Rescue Department, the approved keyed lock box must
11 be installed '.vi thin ninety (90) days of receipt of a written notice from the Fire Rescue
12 Department. The specifications and location of the required keyed lock box shall be as
13 desif,'11ated by the Fire Rescue Department. The National Fire Protection Association (NFPA)
14 Standard 701m, Standard System for Identification of the Fire Hazards of Materials, shall be
15 I' incorporated with the application of the keyed lock box to pro',-ide exterior warning symbols
I
16 I for emergency responders. Hazardous mateIials identification placard(s) shall be installed in
17 I accordance '.vith :NFP,^. Standard 704.
18 I
19 I, (2) The Fire Rescue Department may direct that the items specified above be revised
20 i! or reinstalled at any time. The City shall bear no expense for initial or subsequent \vorle
21 I required of a user under this section.
221
23 II (e)
24 "
25 I i (1) Upon receipt of a disclosure pennit forn1, the Fire Rescue Department shall
26 I j maintain files of all disclosure permit fom1s received.
27 II
28 ! i (2) Under the pro':isions of252.88(3), Florida Statutes, any and all information,
29 i! including but not limited to, site plans and specific location information on hazardous
30 i I materials or toxic substances furnished to the Fire Rescue Department pursuant to this section
I shall be confidential and exempt from the provisions of ~ 119.07(1), Florida Statutes.
i
I (D Enforcement. The Fire Chief or designee is authorized and empowered to enforce the
I provisions of this Chapter. The enforcement may include the inspection of hazardous
I materials or toxic substances in use, storage, or disposal, re':iew of hazardous materials
records, the sampling and testing of hazardous materials and other ucti':ities directly related to
the enforcement of this section. No person shall obstruct or interfere with the Firc Chief or
designee in the performance of these duties.
I
I (g) Violations. In addition to the penalties and remedies pro':ided in Section 252.66.
Florida Statutes, any violations of the provisions of this section shall be punishable as
I provided for in Section 2 91 and 9 61 of the City of Boynton Beach Code of Ordinanccs.
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(1) Infectious waste generated by hospitals, medical centers, clinics, and other health
care facilities.
(d)
Identification of ,^.reas; keyed lock box: identification placards.
Record keeping; exemption from public disclosure.
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1
2 Section 3. Should any section or provision of this ordinance or portion hereof, any
3 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
4 such decision shall not affect the remainder of this ordinance.
5 Section 4. Authority is hereby granted to codify said ordinance.
6
7 Section 5. This ordinance shall become effective immediately upon passage.
8
9 FIRST READING this _ day of ,2007.
10
11 SECOND, FINAL READING AND PASSAGE this day of
12 ,2007.
13
14 CITY OF BOYNTON BEACH, FLORIDA
15
16
17 Mayor - Jerry Taylor
18
19
20 Vice Mayor - Jose Rodriguez
21
22
23 Commissioner - Ronald Weiland
24
25
26 I ATTEST: Commissioner - Mack McCray
27
28
29 Janet Prainito, City Clerk Commissioner - Carl McKoy
30
31 (CORPORATE SEAL)
32
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XII. - LEGAL
ITEM E.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007
0 May I, 2007 April 16,2007 CNoon) 0 July 3, 2007
'l5IJ May 15,2007 April 30,2007 (Noon) 0 July 17,2007
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007
Date Final Form Must be Turned
in to City Clerk's Office
June 4, 2007 (Noon)
June 18,2007 CNoon)
July 2, 2007 (Noon)
':--J
C_~,)
_oj
._.......:
July 16,2007 (Noon) :.~,
_...~ ..-
-,-"1 "~
-'~::)
., "I
7::J
~v
:::-.
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 15'1 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
-~....l
:t;.",
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C)
,
--:1 ':JJ
-.. III
-::>
'C)
RECOMMENDATION:
Approval of proposed settlement of attorney's fees for John W. Little, III and John Bryan,
counsel for Alberta K. Bell, individually and d/b/a JS Convenience Store or Bells Quick
Stop and Octavia Bell, individually and d/b/a JS Convenience Store or Bells Quick Stop,
Bells Quick Stop, Inc., an involuntarily dissolved Florida corporation (Parcel No. 114).
EXPLANATION:
The City Commission authorized dismissal of the Heart of Boynton Eminent Domain
suits following the May 11, 2006 change of law which precludes involuntary acquisitions
for redevelopment. Pursuant to Chapter 73, Fla. Stat. the City is required to pay
attorney's fees and costs. The Defendant has requested $11,065.00. The City Attorney
has negotiated a settlement of $7,000.00 for attorney's fees and costs. The details of the
settlement are set forth in the attached Joint Stipulation for Entry of Agreed Order.
PROGRAM IMP ACT:
$7,000.00 (Include Account Number where funds will come from)
~
City Manager's Signature
Assistant to City Manager ~
i
i
j
C. n b J471W/l/if. V
epartment Namr'
City Attorney / Finance
C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKl F\Agenda Item Request Aprll 17 to August 7 2007 (3).doc
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502006 CA 004137 XXXX MB AO
Petitioner,
(Parcels 114)
vs.
MARW AN GHALI, SUHAIR GALl,
JOHNNY LEE ROBERTS, individually
and d/b/a ROBERTS RESTAURANT,
BETTY J. ROBERTS, individually and
d/b/a ROBERTS RESTAURANT,
ALBERTA K. BELL, individually and
d/b/a JS CONVENIENCE STORE or BELLS
QUICK STOP, OCTAVIA BELL, individually and d/b/a
JS CONVENIENCE STORE or BELLS QUICK STOP,
BELLS QUICK STOP, INe., an involuntarily dissolved Florida
Corporation, et aI.,
Respondents.
/
AGREED ORDER GRANTING RESPONDENTS, ALBERTA K. BELL~
INDIVIDUALL Y AND D/B/A JS CONVENIENCE STORE OR BELLS QUICK STOP
AND OCTAVIA BELL, INDIVIDUALLY AND D/B/A JS CONVENIENCE STORE OR
BELLS QUICK STOP, BELLS QUICK STOP, INC., AN INVOLUNT ARIL Y
DISSOLVED FLORIDA CORPORATION ("BELLS"),
ATTORNEYS' FEES AND COSTS
THIS CAUSE came before this Court pursuant to the stipulation of the parties. The
Court having considered the stipulation and being otherwise duly advised in the premises, it is
accordingly,
ORDERED AND ADJUDGED as follows:
1. Respondents, BELLS, are entitled to the following attorney's fees and costs:
a)
Brigham Moore, LLP
$ 1,000.00
b)
John Bryan, Esquire
$ 6,000.00
2. Petitioner shall pay to the sums set forth in Paragraph I, within thirty (30) days of
entry of this Order.
DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida, this
day of
,2007.
CIRCUIT COURT
Copies furnished:
Kerry L. Ezrol, Esquire, Goren, Cherof, Doody & Ezrol, P.A., 3099 E. Commercial Blvd., Fort
Lauderdale, Florida 33308
John W. Little, III, Esquire, Brigham Moore, LLP, One Clearlake Centre, Suite 1602, 250
South Australian Avenue, West Palm Beach, FL 33401
C:\Documents and Settings\ferraral\LocaI Settings\Temporary Internet Files\OLKIF\agreed order (granting ghali attys fees costs) Il4.doc
XII. - LEGAL
ITEM E.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO~l
Requested City Commission Date Final Form Must be Turned Requested City Comrnission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2,2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon)
0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
~ May IS, 2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
, )
,..---, "'"'~
0 0 ....!
June 5, 2007 May 14, 2007 (Noon) August 7, 2007 July 16,2007 (Noon)
.,.....
0 D ;. -'.'
Announcements/Presentations City Manager's Report
NATURE OF 0 Administrative 0 New Business " ,
AGENDA ITEM 0 Consent Agenda 15{f Legal
c.'
0 0 Unfinished Business ..'-'
Code Compliance & Legal Settlements ;"11
'>
0 Public Hearing 0 '.:J
RECOMMENDATION:
Approval of proposed settlement of attorney's fees for John W. Little, III, counsel for
Johnny Lee Roberts, individually and d/b/a Roberts Restaurant and Betty J. Roberts,
individually and d/b/a Roberts Restaurant (Parcel No. 110).
EXPLANATION:
The City Commission authorized dismissal of the Heart of Boynton Eminent Domain
suits following the May 11, 2006 change of law which precludes involuntary acquisitions
for redevelopment. Pursuant to Chapter 73, Fla. Stat. the City is required to pay Mr.
Little's attorney's fees. The City Attorney has negotiated a settlement of $2,000.00 for
attorney's fees and costs. The details of the settlement are set forth in the attached Joint
Stipulation for Entry of Agreed Order.
PROGRAM IMP ACT:
$2,000.00 (Include Account Number where funds will come from)
~
" City Manager's Signature
~
Assistant to City Manager
LJ . /1 1 .
/ T \/ III rl ill) t:. l/
yepartment Name (
City Attorney / Finance
C:\Docurnents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\Agenda Item Request Aprlll7 to August 7 200n.doc
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502006 CA 004137 XXXX MB AO
Petitioner,
(Parcels 110)
vs.
MARW AN GHALl, SUHAIR GALl,
JOHNNY LEE ROBERTS, individually
and d/b/a ROBERTS RESTAURANT,
BETTY J. ROBERTS, individually and
d/b/a ROBERTS RESTAURANT, et aI.,
Respondents.
/
AGREED ORDER GRANTING RESPONDENTS, JOHNNY LEE ROBERTS,
INDIVIDUALLY AND D/B/A ROBERTS RESTAURANT AND BETTY J. ROBERTS,
INDIVIDUALLY AND D/B/A ROBERTS RESTAURANT ("ROBERTS"),
ATTORNEYS' FEES AND COSTS
THIS CAUSE came before this Court pursuant to the stipulation of the parties. The
Court having considered the stipulation and being otherwise duly advised in the premises, it is
accordingly,
ORDERED AND ADJUDGED as follows:
1. Respondents, ROBERTS, are entitled to attorneys' fees of$2,000.00.
2. Petitioner shall pay to Brigham Moore, LLP, the sum of $2,000.00, within thirty
(30) days of entry ofthis Order.
DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida, this_~
day of
,2007.
CIRCUIT COURT
Copies furnished:
Kerry L. Ezrol~ Esquire, Goren, Cherof, Doody & Ezrol, P.A., 3099 E. Commercial Blvd., Fort
Lauderdale, Florida 33308
John W. Little, III, Esquire, Brigham Moore, LLP, One Clearlake Centre, Suite 1602, 250
South Australian Avenue, West Palm Beach, FL 33401
C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLK I F\agreed order (granting ghali attys fees costs) 11 O.doc
'c.,~\-rvo ,','
/. ,yo,
':~ l \ ~
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, " ,i~~. '~:O _o,~^o
XII. - LEGAL
ITEM E.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.)
0 May I, 2007 April 16,2007 (Noon)
l?;1 May 15,2007 April 30, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon)
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o June 19,2007
o July 3, 2007
o July 17,2007
o August 7, 2007
June 4, 2007 (Noon)
June 18,2007 ONoon)
July 2, 2007 (Noon)
July 16,2007 (Noon)
,. .._ J ~<." ;
::;r:-:>
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business f'0
--i
AGENDA ITEM 0 Consent Agenda ~ Legal
---
0 0 M" ~
Code Compliance & Legal Settlements Unfinished Business
0 D ('"...:J
Public Hearing
-- ~
-:;::;
---: 71
-~, ;)10
RECOMMENDATION:
Approval of proposed settlement of attorney's fees for John W. Little, III, counsel for
Triumph the Church Kingdom of God in Christ, Inc. (Parcel No. 103).
'('J
EXPLANATION:
The City Commission authorized dismissal of the Heart of Boynton Eminent Domain
suits following the May 11, 2006 change of law which precludes involuntary acquisitions
for redevelopment. Pursuant to Chapter 73, Fla. Stat. the City is required to pay Mr.
Little's attorney's fees. The City Attorney has negotiated a settlement of $2,250.00 for
attorney's fees and costs. The details of the settlement are set forth in the attached Joint
Stipulation for Entry of Agreed Order.
PROGRAM IMP ACT:
FISCAL IMP ACT:
$2,250.00 (Include Account Number where funds will come from)
~M 'S
Ity anager sIgnature
~
Assistant to City Manager
(I , ' /1 ,- ", - ,
IT V h 71 L'iIZIVlc V
lepartment Name I
City Attorney / Finance
C:\Documents and Settings\ferraral\Local Settings\Temporary Internet FiIes\OLKIF\Agenda !tern Request April 17 to August 7 2007.doc
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502006 CA 003886 XXXX MB AB
Petitioner,
(Parcel 103)
vs.
TRIUMPH THE CHURCH KINGDOM OF
GOD IN CHRIST, INC., et. aI,
Respondents.
/
AGREED ORDER GRANTING RESPONDENT, TRIUMPH THE CHURCH KINGDOM
OF GOD IN CHRIST, INC. ("TRIUMPH"),
ATTORNEYS' FEES AND COSTS
THIS CAUSE came before this Court pursuant to the stipulation of the parties. The
Court having considered the stipulation and being otherwise duly advised in the premises, it is
accordingl y,
ORDERED AND ADJUDGED as follows:
1. Respondent, TRIUMPH, is entitled to attorney's fees and costs of$2,250.00.
2. Petitioner shall pay to Brigham Moore, LLP, the sum of $2,250.00, within thirty
(30) days of entry of this Order.
DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida, this_
day of
,2007.
CIRCUIT COURT
Copies furnished:
Kerry L. Ezrol, Esquire, Goren, Cherof, Doody & Ezrol, P.A., 3099 E. Commercial Blvd., Fort
Lauderdale, Florida 33308
John W. Little~ III, Esquire, Brigham Moore, LLP, One Clearlake Centre, Suite 1602,250
South Australian Avenue, West Palm Beach, FL 33401
C:\Documents and Settings\ferraral\LocaJ Settings\Temporary Internet Files\OLK] F\Agreed Order (l03).doc
y '"~'-~?'''''
..-"l ,-
,C -
'l!,0, U
J>- '< Ir
'lfrO,~'0v
XII. - LEGAL
ITEM E.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.) 0
0 May I, 2007 April 16,2007 ONoon) 0
[2Q May 15,2007 April 30, 2007 (Noon) 0
0 June 5, 2007 May 14,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
June 19,2007
June 4, 2007 (Noon)
July 3, 2007
June 18,2007 ONoon)
July 17, 2007
July 2, 2007 (Noon)
"')
'-.:-') ) M"_'.
August 7, 2007
July 16,2007 (Noon)
-..,_1
~
-0
::-::J
r,..)
. '1
- -.('
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
-_J
_.)
..:.,"
c;.,
~.7J
... I-ll
~'>
'c-,
RECOMMENDATION:
Approval of proposed settlement of attorney's fees and costs for John W. Little, III and
Sachs, Sax & Klein counsel for Marwan Ghali and Suhair Gali (Parcel Nos. 104, 106 &
115) and appraisal fees for Allied Appraisal, Callaway & Price and Donald Muncy.
EXPLANATION:
The City Commission authorized dismissal of the Heart of Boynton Eminent Domain
suits following the May 11, 2006 change of law which precludes involuntary acquisitions
for redevelopment. Pursuant to Chapter 73, Fla. Stat. the City is required to pay
attorney's fees, costs and appraisal fees. The Defendants requested $32,570.52. The City
Attorney has negotiated a settlement of $18,982.00 for attorney's fees and costs. The
details of the settlement are set forth in the attached Joint Stipulation for Entry of Agreed
Order.
PROGRAM IMP ACT:
FISCAL IMPACT:
$18,982.00 (Include Account Number where funds will come from)
Manager's Signature
Assistant to City Manager ~
(I. IT \/ A! JIlt/Vi: V
l?>epartment Name /
I
City Attorney.! Finance
C:\Documents and Settings\ferraraI\Local Settings\Temporary Internet Files\OLKI F\Agenda Item Request April 17 to August 7 2007 (2).doc
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502006 CA 002933 XXXX MB AO
Petitioner,
(Parcels 104, 106 and 115)
vs.
MARW AN GHALI, SUHAIR GALI,
BLANCHE H. GIRTMAN, JAMES L.
KING, W A YDE L. KING, LEROY KING,
DOLLIE ROBINSON, and JOHN K.
CLARK, TAX COLLECTOR,
Palm Beach County,
Respondents.
/
AGREED ORDER GRANTING RESPONDENTS, MARW AN GHALI AND SUHAIR
GALl. ATTORNEYS' FEES AND COSTS
THIS CAUSE came before this Court pursuant to the stipulation of the parties. The
Court having considered the stipulation and being otherwise duly advised in the premises, it is
accordingly,
ORDERED AND ADJUDGED as follows:
1. Respondents, Marwan Ghali and Suhair Gali, are entitled to attomeys' fees and
costs as follows:
a) Sachs, Sax & Klein $ 8,000.00
b) Allied Appraisal Services, Inc. $ 1,955.00
c) Callaway & Price $ 0.00
d) Donald Muncy, P.A. $ 8,000.00
e) Brigham Moore, LLP $ 1,027.00
2. Petitioner shall pay the sums set forth in Paragraph 1, within thirty (30) days of
entry of this Order.
3. The aforementioned attorney's fees and costs also include Respondents, Marwan
Ghali and Suhair Gali, attorney's fees and costs in Palm Beach County Circuit Court Case No.
502006 CA 004137 XXXX MB AO.
DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida, this _
day of
,2007.
CIRCUIT COURT
Copies furnished:
Kerry L. Ezrol, Esquire, Goren, Cherof, Doody & Ezrol, P.A., 3099 E. Commercial Blvd., Fort
Lauderdale, Florida 33308
John W. Little, III, Esquire, Brigham Moore, LLP, One Clearlake Centre, Suite 1602, 250
South Australian Avenue, West Palm Beach, FL 33401
C:\Documents and Settings\ferraral\LocaI Settings\Temporary Internet Files\OLKIFlagreed order (granting ghalj attys fees costs) (Little).doc
ttP "
"\\ (;
't,>'
f C i"i
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORh.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2,2007 (Noon.) 0
[8J May I, 2007 April 16, 2007 (Noon) 0
0 May 15,2007 April 30, 2007 (Noon) 0
0 June 5, 2007 May 14, 2007 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
June 19,2007 June 4, 2007 (Noon)
July 3, 2007 June 18, 2007 (Noon)
:::~)
... '. .~
....j
; ~--<
August 7, 2007
July 2, 2007 (Noon) ~,
-;..,
::--i
July 16,2007 (Noon) "v
'J :'}
.. .~1
July 17,2007
-
.....
NA TURE OF
AGENDA ITEM
o
o
o
o
o
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
[8J
o
o
o
o
J
-.
City Manager's Report -'-
"v
New Business -.
Legal
Unfinished Business
.:)
..-
..~7' C:J
-r"TJ
J~
":J
RECOMMENDATION: Direct City staffto initiate a text amendment to Land Development Regulations that will
allow schools to be a conditional use in Industrial Use Districts.
EXPLANA TION: Currently, Trade and Industrial Schools are the only type of schools listed in the City Code in
Industrial Use Districts. This proposed text amendment will allow other schools to be considered on a case-by-case basis.
Before the staff initiates this amendment and submits it to the CRA and P&D Boans for public hearing, an informal review
by the City Commission is requested. What has precipitated this request is the proposed relocation of a charter school to a
building located in an industrial district.
PROGRAM IMPACT: This change wiIl broaden the uses allowed in industrial areas.
FISCAL IMPACT: N/A
AL TERNA TIVES: Do not support the staff initiative or require the charter school to make the application.
$! If-'~()
~ead~re City Manager's Signature
Assistant to City Manager ~
Department of Development
City Attorney / Finance
S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM. DOC
({(.
XIII-UNFINISHED 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 City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon)
[8J May 15, 2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements [8J Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Accept report from the Community Redevelopment Agency (CRA) on the status update of the Old
High School.
EXPLANATION: Per a member of the Commission, the CRA has been requested to report on the status of the Old High
School. Please see attached report.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
AL TERNA TIVES: Not to accept report.
~~
City anager's Signature
Assistant to City Manager ~
Department Head's Signature
Department Name
City Attorney / Finance
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
Old High School Update
May 11,2007
The CRA continues to actively seek a viable end user for the Old High. The CRA will be
exploring the potential role of the High School in the redevelopment of the downtown
through the downtown master planning process that will be occurring over the summer.
A couple of promising leads the CRA is currently pursuing include the Toronto School of
Ballet and Artspace.
CRA staff has met several times with representatives ofthe Toronto School of Ballet to
tour the high school and discuss possible terms. CRA staff has confirmed that The
School of Ballet is financially well backed. Additionally, the School of Ballet is working
with a specialist to obtain project subsidy.
City and CRA staffhas also been in contact with a non-profit group called Artspace. The
mission of Artspace is to create, foster and preserve affordable space for artists and arts
organizations. The organization has renovated numerous historic properties across the
United States. Often their buildings and the accompanying artistic activity are the
catalyst for the redevelopment of blighted areas. Recently Artspace renovated a historic
high school in the Sailboat Bend neighborhood of Ft. Lauderdale for use as artist lofts
and studios.
In order to determine if the Old High School is an appropriate site for their use, Artspace
must first conduct a feasibility study. The CRA has received their proposal and is
reviewing it.
CRA staff will continue to pursue these and any other viable use for the High School.
Untitled
Page 1 of3
Artspace
Home Page
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. Artspace Board
About Artspace
The Artspace Mission
The mission of Artspace Projects is to create, foster and preserve affordable space for artists and arts
organizations. We pursue this mission through development projects, asset management activities,
consulting services, and community-building activities that serve artists and arts organizations of all
disciplines, cultures, and economic circumstances. By creating this space, Artspace supports the
continued professional growth of artists and enhances the cultural and economic vitality of the
surrounding community.
The Artspace Story
Finding and retaining affordable live/work space is an age-old problem for artists, painters, sculptors,
dancers, and others who require an abundance of well-lit space in which to work. Many artists gravitate
to old warehouses and other industrial buildings, but their very presence in an industrial neighborhood
often acts as a catalyst, setting in motion a process of gentrification that drives rents up and forces the
artists out.
This is precisely what happened in Minneapolis' historic Warehouse District
in the 1970s and led to the creation of Artspace in 1979. Established to serve
as an advocate for artists' space needs, Artspace effectively fulfilled that
mission for nearly a decade. By the mid-1980s, however, it was clear that the
problem required a more proactive approach, and Artspace made the leap
from advocate to developer. Since then, the scope of Artspace's activities has
grown dramatically. Artspace is now America's leading nonprofit real estate
developer for the arts.
In the last few years, Artspace has further expanded its mission to incorporate the planning and
development of performing arts centers, museums, other arts facilities, and entire arts districts
throughout the country.
http://www .artspaceusa.org/about/
5/14/2007
Untitled
Page 2 of3
Why We Do What We Do
Artspace's experience in facilitating space development for artists has led us to the following
conclusions:
. Aesthetically pleasing spaces create a safe working environment that helps artists grow
professionally and achieve financial stability.
. Artists' live/work projects help increase pedestrian traffic in urban areas, while streetscapes take
on a new, lively character.
. Other neighborhood development typically follows within three years of the completion of an
artists' live/work project. This development in turn helps generate other cultural activity and
creates a general increase in visitors to the area.
Artspace developments benefit their communities in several significant ways. They create affordable
spaces for artists to live, work, exhibit, perform, and conduct business. A lively arts community is one
hallmark of a healthy city, and it is clear from the volume of inquiries Artspace receives - about 30 calls
a week, on average - that cities all around the country are awakening to this fact.
Artspace projects serve as catalysts for neighborhood revitalization. Invariably, the
community that evolves within an artist live/work project soon spreads into the
surrounding area, breathing new life, energy, and stability into the entire community.
Moreover, every Artspace project to date has transformed an unused or underutilized
historic building into a fully functioning facility. While historic preservation is not
our primary mission, we regard it as a highly beneficial byproduct of what we do -
one that allows communities to preserve their architectural heritage rather than to
bulldoze it in the name of progress.
Sustainability in Practice at Artspace
At Artspace, we have come to realize that green building and sustainable development are at the very
core of our mission to create, foster and preserve affordable space for artists and arts organization. Green
building is a whole-building and systems approach to design and construction. It employs building
techniques that minimize environmental impacts and reduce the energy consumption of buildings while
contributing to the health and productivity of its occupants. A copy of our sustainable protocol can be
downloaded here.
Download the most recent edition of our GIt::t::DSP!'l,Gt::Dt::wslt::t1:t::I,
The U.S. Green Building Council Certificate of Membership
[ ABOUr][ PRDPERTIES ][ NEWS/MEDIA ][ SERVICES ][ EVENTS/RESOURCES]
............_......._.....""""""'.".... ,. m_ ..., mmn,.,__,,_ ,_,,__,_____,_,,_..._.. ____'___m'n. _,m _,..._,,___ _,_._._ _'___moo mnm _~______ ______mn_n________m....__m.__u... ._...__..._.....................__....._..._..___~._._..__..._.________.______________________________________
[ C.QNTACI ] [ HDME ]
~ 2007 Artspace Projects, Inc.
http://www . artspaceusa.org/about/
5/1412007
Untitled
Page 3 of3
250 Third Avenue North #500 :: Minneapolis, MN 55401 :: 612-333-9012
http://www .artspaceusa.org/about/
5/14/2007